|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.
Performance is the intersection of power, agility, control, and choice. If you value performance, and more specifically consistent performance, you need to look beyond simple virtualized compute. Many factors need to be considered to create a truly performant environment. In their General Session at 15th Cloud Expo, Phil Jackson, Development Community Advocate at SoftLayer, and Harold Hannon, Sr. Software Architect at SoftLayer, to discuss how to take advantage of a multitude of compute option...
Sep. 25, 2014 03:30 PM EDT Reads: 1,845
Come learn about what you need to consider when moving your data to the cloud. In her session at 15th Cloud Expo, Skyla Loomis, a Program Director of Cloudant Development at Cloudant, will discuss the security, performance, and operational implications of keeping your data on premise, moving it to the cloud, or taking a hybrid approach. She will use real customer examples to illustrate the tradeoffs, key decision points, and how to be successful with a cloud or hybrid cloud solution.
Sep. 22, 2014 10:00 PM EDT Reads: 2,369
In today's application economy, enterprise organizations realize that it's their applications that are the heart and soul of their business. If their application users have a bad experience, their revenue and reputation are at stake. In his session at 15th Cloud Expo, Anand Akela, Senior Director of Product Marketing for Application Performance Management at CA Technologies, will discuss how a user-centric Application Performance Management solution can help inspire your users with every appli...
Sep. 22, 2014 03:30 PM EDT Reads: 2,014
With the explosion of the cloud, more businesses are transitioning to a recurring revenue model to generate reliable sales, grow profits, and open new markets. This opportunity requires businesses to get to market quickly with the pricing and packaging options customers want. In addition, you will want to take advantage of the ensuing tidal wave of data to more effectively upsell, cross-sell and manage your customers. All of this is possible, but only with the right approach. At 15th Cloud Exp...
Sep. 12, 2014 11:45 PM EDT Reads: 1,516
Planning scalable environments isn't terribly difficult, but it does require a change of perspective. In his session at 15th Cloud Expo, Phil Jackson, Development Community Advocate for SoftLayer, will broaden your views to think on an Internet scale by dissecting a video publishing application built with The SoftLayer Platform, Message Queuing, Object Storage, and Drupal. By examining a scalable modular application build that can handle unpredictable traffic, attendees will able to grow your de...
Sep. 12, 2014 11:30 PM EDT Reads: 1,821
The cloud provides an easy onramp to building and deploying Big Data solutions. Transitioning from initial deployment to large-scale, highly performant operations may not be as easy. In his session at 15th Cloud Expo, Harold Hannon, Sr. Software Architect at SoftLayer, will discuss the benefits, weaknesses, and performance characteristics of public and bare metal cloud deployments that can help you make the right decisions.
Sep. 11, 2014 10:30 PM EDT Reads: 2,299
Over the last few years the healthcare ecosystem has revolved around innovations in Electronic Health Record (HER) based systems. This evolution has helped us achieve much desired interoperability. Now the focus is shifting to other equally important aspects – scalability and performance. While applying cloud computing environments to the EHR systems, a special consideration needs to be given to the cloud enablement of Veterans Health Information Systems and Technology Architecture (VistA), i.e....
Sep. 10, 2014 06:30 PM EDT Reads: 3,706
Cloud and Big Data present unique dilemmas: embracing the benefits of these new technologies while maintaining the security of your organization’s assets. When an outside party owns, controls and manages your infrastructure and computational resources, how can you be assured that sensitive data remains private and secure? How do you best protect data in mixed use cloud and big data infrastructure sets? Can you still satisfy the full range of reporting, compliance and regulatory requirements? I...
Sep. 10, 2014 03:00 PM EDT Reads: 2,796
Scott Jenson leads a project called The Physical Web within the Chrome team at Google. Project members are working to take the scalability and openness of the web and use it to talk to the exponentially exploding range of smart devices. Nearly every company today working on the IoT comes up with the same basic solution: use my server and you'll be fine. But if we really believe there will be trillions of these devices, that just can't scale. We need a system that is open a scalable and by using...
Sep. 6, 2014 06:45 PM EDT Reads: 5,105
Is your organization struggling to deal with skyrocketing volumes of digital assets? The amount of data is growing exponentially and organizations are having a hard time managing this growth. In his session at 15th Cloud Expo, Amar Kapadia, Senior Director of Open Cloud Strategy at Seagate, will walk through the essential considerations when developing a cloud storage strategy. In this discussion, you will understand the challenges IT is facing, why companies need to move to cloud, and how the...
Sep. 6, 2014 02:00 PM EDT Reads: 1,814
If cloud computing benefits are so clear, why have so few enterprises migrated their mission-critical apps? The answer is often inertia and FUD. No one ever got fired for not moving to the cloud – not yet. In his session at 15th Cloud Expo, Michael Hoch, SVP, Cloud Advisory Service at Virtustream, will discuss the six key steps to justify and execute your MCA cloud migration.
Sep. 6, 2014 11:00 AM EDT Reads: 1,841
The 16th International Cloud Expo announces that its Call for Papers is now open. 16th International Cloud Expo, to be held June 9–11, 2015, at the Javits Center in New York City brings together Cloud Computing, APM, APIs, Security, Big Data, Internet of Things, DevOps and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speak...
Sep. 5, 2014 02:15 PM EDT Reads: 3,031
Most of today’s hardware manufacturers are building servers with at least one SATA Port, but not every systems engineer utilizes them. This is considered a loss in the game of maximizing potential storage space in a fixed unit. The SATADOM Series was created by Innodisk as a high-performance, small form factor boot drive with low power consumption to be plugged into the unused SATA port on your server board as an alternative to hard drive or USB boot-up. Built for 1U systems, this powerful devic...
Sep. 4, 2014 07:15 PM EDT Reads: 9,069
SYS-CON Events announced today that Gridstore™, the leader in software-defined storage (SDS) purpose-built for Windows Servers and Hyper-V, will exhibit at SYS-CON's 15th International Cloud Expo®, which will take place on November 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA. Gridstore™ is the leader in software-defined storage purpose built for virtualization that is designed to accelerate applications in virtualized environments. Using its patented Server-Side Virtual C...
Sep. 4, 2014 01:45 PM EDT Reads: 2,384
SYS-CON Events announced today that Cloudian, Inc., the leading provider of hybrid cloud storage solutions, has been named “Bronze Sponsor” of SYS-CON's 15th International Cloud Expo®, which will take place on November 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA. Cloudian is a Foster City, Calif.-based software company specializing in cloud storage. Cloudian HyperStore® is an S3-compatible cloud object storage platform that enables service providers and enterprises to bui...
Sep. 3, 2014 07:00 PM EDT Reads: 3,307
SYS-CON Events announced today that TechXtend (formerly Programmer’s Paradise), a leading value-added provider of server and storage virtualization, and r-evolution will exhibit at SYS-CON's 15th International Cloud Expo®, which will take place on November 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA. TechXtend (formerly Programmer’s Paradise) is a leading value-added provider of software, systems and solutions for corporations, government organizations, and academic instit...
Sep. 3, 2014 01:00 PM EDT Reads: 2,582
Every healthy ecosystem is diverse. This is especially true in cloud ecosystems, where portability and interoperability are more important than old enterprise models of proprietary ownership. In his session at 15th Cloud Expo, Mark Baker, Server Product Manager at Canonical/Ubuntu, will discuss how single vendors used to take the lead in creating and delivering technology, but in a cloud economy, where users want tools of their preference, when and where they need them, it makes no sense.
Sep. 3, 2014 09:00 AM EDT Reads: 2,662
The emergence of cloud computing and Big Data warrants a greater role for the PMO to successfully manage enterprise transformation driven by these powerful trends. As the adoption of cloud-based services continues to grow, a governance model is needed to orchestrate enterprise cloud implementations and harness the power of Big Data analytics. In his session at 15th Cloud Expo, Mahesh Singh, President of BigData, Inc., to discuss how the Enterprise PMO takes center stage not only in developing th...
Sep. 2, 2014 11:00 PM EDT Reads: 1,982
The consumption economy is here and so are cloud applications and solutions that offer more than subscription and flat fee models and at the same time are available on a pure consumption model, which not only reduces IT spend but also lowers infrastructure costs, and offers ease of use and availability. In their session at 15th Cloud Expo, Ermanno Bonifazi, CEO & Founder of Solgenia, and Ian Khan, Global Strategic Positioning & Brand Manager at Solgenia, will discuss this shifting dynamic with ...
Sep. 2, 2014 11:00 PM EDT Reads: 1,523
Cloud computing started a technology revolution; now DevOps is driving that revolution forward. By enabling new approaches to service delivery, cloud and DevOps together are delivering even greater speed, agility, and efficiency. No wonder leading innovators are adopting DevOps and cloud together! In his session at DevOps Summit, Andi Mann, Vice President of Strategic Solutions at CA Technologies, will explore the synergies in these two approaches, with practical tips, techniques, research dat...
Sep. 2, 2014 02:30 PM EDT Reads: 3,833