|By Maureen O'Gara||
|December 27, 2012 04:00 AM EST||
Apple late Monday lost its bid to get a permanent injunction barring 26 of Samsung's Android-based widgets that a jury found infringed six of Apple's patents from the American market.
Concurrently, the court threw out Samsung's bid for a new trial.
The Korean company claimed the jury, which awarded Apple $1.05 billion in damages, was misled by a foreman that 20 years ago was involved in a lawsuit with Seagate, his former employer and a company Samsung later bought into. The suit drove him into bankruptcy and he supposedly introduced "incorrect and extraneous legal standards" into the jury's deliberations that may have produced a faulty verdict.
The judge didn't buy it. Samsung should have asked better questions during voir dire, she said.
FOSS Patents says without the injunction the "jury verdict has little more than symbolic value."
Apple is bound to appeal the decision claiming the bar it was supposed to clear was set too high in the judge's application of the legal principle known as causal nexus, a requirement for an injunction, and a rather new development in American case law.
In her decision she followed Federal Circuit's prior Apple-Samsung rulings, and, as FOSS Patents points out, the Court of Appeals for the Federal Circuit looks kind of like it may yield to Apple's request for an en banc rehearing of the toppling of the Galaxy Nexus injunction and the causal nexus issue will be the central legal question in that case.
Anyway, US District Judge Lucy Koh denied Apple's motion in its entirety.
FOSS Patents says, "It may be unprecedented in the legal history of the United States for an injunction motion to be denied across-the-board despite such a large number of infringement findings (roughly half a dozen) by a jury and, especially, in light of the competitive situation between the two as well as the jury's findings of willful infringement. If no injunction is ordered in such a case, it is hard to see how any patent holder could ever prevail on such a motion, and I doubt that this is what the appeals court will consider the right outcome. But the appeal will take a year or more, and in the meantime, this is a huge defensive success for Samsung's lawyers."
Judge Koh has yet to decide if the giant award will stand. Samsung wants the amount cut by at least $600 million because the verdict form wasn't discrete enough for its tastes. Apple wants it increased by $536 million for willfulness, which Samsung denies.
As to the all-important injunction that Apple wanted Judge Koh found that Apple didn't establish that popular demand for the Samsung products was specifically driven by the technology it lifted from Apple as opposed to its sheer competitiveness.
"Customer demand for a general feature of the type covered by a patent was not sufficient; Apple must instead show that consumers buy the infringing product specifically because it is equipped with the patented feature," she said.
"The fact that Apple may have lost customers and downstream sales to Samsung is not enough to justify an injunction," she ruled. "Apple must have lost these sales because Samsung infringed Apple's patents. Apple has simply not been able to make this showing."
She didn't think that Apple was that harmed. Blatant evidence that Samsung stole from Apple didn't seem to matter.
"Though evidence that Samsung attempted to copy certain Apple features may offer some limited support for Apple's theory, it does not establish that those features actually drove consumer demand," she said.
According to her "Samsung may have cut into Apple's customer base somewhat, but there is no suggestion that Samsung will wipe out Apple's customer base, or force Apple out of the business of making smartphones."
Koh also said the public interest wouldn't be served by banning products only parts of which infringed.
Meanwhile, the fact that Apple licensed its utility patents at issue in agreements with Nokia, IBM and HTC left Judge Koh with the impression that monetary compensation is sufficient. She did not deal with the anti-cloning provision in the HTC deal, the only agreement whose terms have even been hinted at.
Only three of the 26 products are still being sold, the others having been retired on account of age. Apple won't have a chance to go after current Samsung products until a second infringement suit goes to trial in March of 2014. An injunction at this point would have given it more leverage in the next case.
Apple wouldn't comment on Koh's decision. Samsung said it would review the court's finding before deciding whether to take "further measures."
IDC says Samsung's share of the smartphone market was 31% in the third quarter, up from 23% a year earlier. Apple was in second place with a market share of 15%, up from 14% a year earlier.
Apple reckons Samsung moved into the US market with infringing products just when consumers were moving to smartphones and developing "platform loyalty." It cut Apple off from its organic market.
IDC also figures that Google's Android operating system has a worldwide market share of 68.3% compared with 18.8% for Apple's and estimates Apple will remain the "clear number two platform behind Android" through 2016, gaining a mere 0.3% of the worldwide market by then.
U.S. companies are desperately trying to recruit and hire skilled software engineers and developers, but there is simply not enough quality talent to go around. Tiempo Development is a nearshore software development company. Our headquarters are in AZ, but we are a pioneer and leader in outsourcing to Mexico, based on our three software development centers there. We have a proven process and we are experts at providing our customers with powerful solutions. We transform ideas into reality.
Aug. 28, 2015 04:45 AM EDT Reads: 416
In their Live Hack” presentation at 17th Cloud Expo, Stephen Coty and Paul Fletcher, Chief Security Evangelists at Alert Logic, will provide the audience with a chance to see a live demonstration of the common tools cyber attackers use to attack cloud and traditional IT systems. This “Live Hack” uses open source attack tools that are free and available for download by anybody. Attendees will learn where to find and how to operate these tools for the purpose of testing their own IT infrastructu...
Aug. 28, 2015 04:30 AM EDT Reads: 316
Any Ops team trying to support a company in today’s cloud-connected world knows that a new way of thinking is required – one just as dramatic than the shift from Ops to DevOps. The diversity of modern operations requires teams to focus their impact on breadth vs. depth. In his session at DevOps Summit, Adam Serediuk, Director of Operations at xMatters, Inc., will discuss the strategic requirements of evolving from Ops to DevOps, and why modern Operations has begun leveraging the “NoOps” approa...
Aug. 28, 2015 03:15 AM EDT Reads: 309
SYS-CON Events announced today that IceWarp will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. IceWarp, the leader of cloud and on-premise messaging, delivers secured email, chat, documents, conferencing and collaboration to today's mobile workforce, all in one unified interface
Aug. 28, 2015 03:00 AM EDT Reads: 336
The Internet of Things (IoT) is about the digitization of physical assets including sensors, devices, machines, gateways, and the network. It creates possibilities for significant value creation and new revenue generating business models via data democratization and ubiquitous analytics across IoT networks. The explosion of data in all forms in IoT requires a more robust and broader lens in order to enable smarter timely actions and better outcomes. Business operations become the key driver of I...
Aug. 28, 2015 12:30 AM EDT Reads: 329
Organizations from small to large are increasingly adopting cloud solutions to deliver essential business services at a much lower cost. According to cyber security experts, the frequency and severity of cyber-attacks are on the rise, causing alarm to businesses and customers across a variety of industries. To defend against exploits like these, a company must adopt a comprehensive security defense strategy that is designed for their business. In 2015, organizations such as United Airlines, Sony...
Aug. 28, 2015 12:00 AM EDT Reads: 377
With the proliferation of connected devices underpinning new Internet of Things systems, Brandon Schulz, Director of Luxoft IoT – Retail, will be looking at the transformation of the retail customer experience in brick and mortar stores in his session at @ThingsExpo. Questions he will address include: Will beacons drop to the wayside like QR codes, or be a proximity-based profit driver? How will the customer experience change in stores of all types when everything can be instrumented and a...
Aug. 27, 2015 06:15 PM EDT Reads: 382
As more and more data is generated from a variety of connected devices, the need to get insights from this data and predict future behavior and trends is increasingly essential for businesses. Real-time stream processing is needed in a variety of different industries such as Manufacturing, Oil and Gas, Automobile, Finance, Online Retail, Smart Grids, and Healthcare. Azure Stream Analytics is a fully managed distributed stream computation service that provides low latency, scalable processing of ...
Aug. 27, 2015 05:45 PM EDT
In today's digital world, change is the one constant. Disruptive innovations like cloud, mobility, social media, and the Internet of Things have reshaped the market and set new standards in customer expectations. To remain competitive, businesses must tap the potential of emerging technologies and markets through the rapid release of new products and services. However, the rigid and siloed structures of traditional IT platforms and processes are slowing them down – resulting in lengthy delivery ...
Aug. 27, 2015 02:15 PM EDT Reads: 510
Too often with compelling new technologies market participants become overly enamored with that attractiveness of the technology and neglect underlying business drivers. This tendency, what some call the “newest shiny object syndrome,” is understandable given that virtually all of us are heavily engaged in technology. But it is also mistaken. Without concrete business cases driving its deployment, IoT, like many other technologies before it, will fade into obscurity.
Aug. 27, 2015 01:00 PM EDT Reads: 285
SYS-CON Events announced today that G2G3 will exhibit at SYS-CON's @DevOpsSummit Silicon Valley, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Based on a collective appreciation for user experience, design, and technology, G2G3 is uniquely qualified and motivated to redefine how organizations and people engage in an increasingly digital world.
Aug. 27, 2015 11:30 AM EDT Reads: 392
SYS-CON Events announced today that DataClear Inc. will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. The DataClear ‘BlackBox’ is the only solution that moves your PC, browsing and data out of the United States and away from prying (and spying) eyes. Its solution automatically builds you a clean, on-demand, virus free, new virtual cloud based PC outside of the United States, and wipes it clean...
Aug. 27, 2015 10:30 AM EDT Reads: 313
SYS-CON Events announced today that Micron Technology, Inc., a global leader in advanced semiconductor systems, will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Micron’s broad portfolio of high-performance memory technologies – including DRAM, NAND and NOR Flash – is the basis for solid state drives, modules, multichip packages and other system solutions. Backed by more than 35 years of tech...
Aug. 27, 2015 10:00 AM EDT Reads: 122
Culture is the most important ingredient of DevOps. The challenge for most organizations is defining and communicating a vision of beneficial DevOps culture for their organizations, and then facilitating the changes needed to achieve that. Often this comes down to an ability to provide true leadership. As a CIO, are your direct reports IT managers or are they IT leaders? The hard truth is that many IT managers have risen through the ranks based on their technical skills, not their leadership ab...
Aug. 27, 2015 07:00 AM EDT Reads: 246
Through WebRTC, audio and video communications are being embedded more easily than ever into applications, helping carriers, enterprises and independent software vendors deliver greater functionality to their end users. With today’s business world increasingly focused on outcomes, users’ growing calls for ease of use, and businesses craving smarter, tighter integration, what’s the next step in delivering a richer, more immersive experience? That richer, more fully integrated experience comes ab...
Aug. 27, 2015 06:15 AM EDT Reads: 521
IBM’s Blue Box Cloud, powered by OpenStack, is now available in any of IBM’s globally integrated cloud data centers running SoftLayer infrastructure. Less than 90 days after its acquisition of Blue Box, IBM has integrated its Blue Box Cloud Dedicated private-cloud-as-a-service into its broader portfolio of OpenStack® based solutions. The announcement, made today at the OpenStack Silicon Valley event, further highlights IBM’s continued support to deliver OpenStack solutions across all cloud depl...
Aug. 27, 2015 05:00 AM EDT Reads: 128
Red Hat is investing in Tesora, the number one contributor to OpenStack Trove Database as a Service (DBaaS) also ranked among the top 20 companies contributing to OpenStack overall. Tesora, the company bringing OpenStack Trove Database as a Service (DBaaS) to the enterprise, has announced that Red Hat and others have invested in the company as a part of Tesora's latest funding round. The funding agreement expands on the ongoing collaboration between Tesora and Red Hat, which dates back to Febr...
Aug. 27, 2015 04:00 AM EDT Reads: 256
SYS-CON Events announced today that Pythian, a global IT services company specializing in helping companies leverage disruptive technologies to optimize revenue-generating systems, has been named “Bronze Sponsor” of SYS-CON's 17th Cloud Expo, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Founded in 1997, Pythian is a global IT services company that helps companies compete by adopting disruptive technologies such as cloud, Big Data, advance...
Aug. 26, 2015 08:00 AM EDT Reads: 160
Akana has announced the availability of the new Akana Healthcare Solution. The API-driven solution helps healthcare organizations accelerate their transition to being secure, digitally interoperable businesses. It leverages the Health Level Seven International Fast Healthcare Interoperability Resources (HL7 FHIR) standard to enable broader business use of medical data. Akana developed the Healthcare Solution in response to healthcare businesses that want to increase electronic, multi-device acce...
Aug. 26, 2015 07:00 AM EDT
SmartBear Software has updated its API tools, ServiceV for API service virtualization and LoadUI NG for API load testing, to accelerate development and testing processes in Agile teams. Updates to ServiceV enable software teams to rapidly build advanced mocks from real-time API traffic and quickly switch between virtualized “mock” services and actual APIs during diagnostic, load or integration testing in the continuous delivery lifecycle.
Aug. 21, 2015 11:00 AM EDT Reads: 294