The patent war between Apple and its rivals is far from over. Here is a summary of the latest news.
Judge Lifts Ban: The Galaxy Tab Allowed Back on the Market
An injunction prohibiting sales of Samsung’s Galaxy Tab 10.1 has been lifted. In the judgement for Apple last month, Samsung was banned from selling product that infringed Apple’s tablet patents. The Galaxy Tab does not.
Samsung is taking the offensive adding the iPhone 5 to a list of patent infringements in a suit against Apple. The expected trial date for round two of this legal battle is March of 2014.
Samsung released the following statement:
“We have always preferred to compete in the marketplace with our innovative products, rather than in a courtroom. However, Apple continues to take aggressive legal action that will restrict market competition. Under these circumstances, we have little recourse but to take the steps necessary to protect our innovations and intellectual property rights.”
Samsung Claims Jury Misconduct
In related news, Samsung has asked the judge from the first trial to throw out the $1.05 billion judgement in Apple’s favor.
According to Samsung’s counsel, the jury foreman failed to disclose that he was sued by a company that is partially owned by Samsung. The foreman, retired engineer Velvin Hogan, declared personal bankruptcy as a result of the judgement against him. Samsung also claims that Hogan lied about his past to secure a seat on the jury.
Hogan says he was asked to disclose any litigation he was involved in within the last 10 years. The suit in question was in 1993, outside the timeline of the question.
HTC’s Legal Maneuvers Frustrates Apple
Samsung is not the only competitor to be sued by Apple for patent infringement. HTC, a company who, like Samsung, manufactures smartphones and tablets based on the Android operating system, has successfully delayed its legal battles with the iPhone and iPad giant. Apple filed the lawsuit against HTC with the U.S. district court of Delaware in March of 2010, back when Steve Jobs was still around. Apple is said to be quite frustrated with HTC’s tactics with Delaware courts.
Articles about Apple vs Samsung
In the world of emerging technology, these are the first of many battles in the patent war that will continue for several years. For in-depth information on the continuing saga of the Apple War, please read the following articles.
Samsung Strikes Back Against Apple: Files Patent Suit Against iPhone 5 In U.S. Court by Natasha Lomas, Techcrunch
“Samsung has filed a lawsuit against Apple’s latest iPhone — the iPhone 5 — alleging the smartphone infringes patents it holds.”
Bad Apple Karma as Company Faces Claims of IP Infringement by Lisa Shuchman
“Apple was targeted in two separate IP lawsuits, and a federal court judge restored its chief rival’s right to sell a tablet computer.”
Apple v. Samsung Battle Goes On: Galaxy Tab Ban Lifted As Samsung Pushes for iPhone 5 Ban by Joanna Stern, ABC News
“As Samsung airs TV ads poking fun at those that waited in line for the iPhone 5, the legal shots between the companies continue.”
Samsung claims foreman lied about his past to get on Apple v. Samsung jury by Joe Mullin, Ars Technica
“Juror defends himself to the press; Samsung wants him hauled back into court.”
Samsung Claims Jury Foreman Misconduct Tainted Apple Case by Joel Rosenblatt, Bloomberg
“Apple Inc. (AAPL)’s billion-dollar trial victory in August was tainted by the jury foreman’s failure to disclose a lawsuit and his personal bankruptcy, Samsung Electronics Co. (005930) said in a request to a judge for the verdict to be thrown out. Samsung said foreman Velvin Hogan was asked during jury selection whether he’d been involved in lawsuits and didn’t tell the judge that he had filed for bankruptcy in 1993 and had been sued by his former employer, Seagate Technology Inc.”
Samsung attacks foreman of jury that awarded Apple $1B by Philip Elmer-DeWitt, CNN Money
“Based on the results of that investigation, Samsung on Tuesday asked Judge Lucy Koh to throw out the patent infringement verdict that awarded Apple (AAPL) $1.05 billion in damages and order a new trial.”
Apple v. HTC: What’s the deal with Delaware? by Philip Elmer-DeWitt, CNN Money
“The Taiwanese manufacturer’s most effective strategy has been to transfer all its U.S. cases to Delaware and then persuade the Delaware court there’s nothing to be done until the ITC finishes its work — a process that’s likely to drag on for another two years.”