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March 6, 2014

Apple Request for Samsung Gadget Ban Denied (Again)

Apple SamsungA California judge this week denied Apple's request to ban almost two dozen Samsung gadgets in the companies' ongoing patent battle.

Judge Lucy Koh ruled that Apple failed to prove that those who bought Samsung gadgets did so because of the patented technology that's at issue in this case: scrolling "bounce back" technology, pinch-to-zoom tech, and double tap to zoom tech.

"Apple bears the burden to prove that these three touch-screen software features drive consumer demand for Samsung's products," Judge Koh wrote in her decision. "Apple has not met this burden."

Koh pointed to consumer surveys conducted by Samsung and Apple that covered what buyers found important when buying a smartphone. "Not a single market research study conducted outside of the context of litigation even asks about the patented features," the judge wrote.

As a result, Apple could not prove that Samsung's use of that technology caused Cupertino "irreparable harm," as is required before a judge could issue an injunction.



February 23, 2014

Apple, Samsung Fail to Reach Patent Deal

As expected, Samsung and Apple have failed to negotiate a settlement in advance of a yet another trial in their long-running patent fight.

According to a report filed with a California district court, executives met early in the week to discuss a resolution, but did not find common ground.

In January, the tech giants agreed to meet with a mediator in the hopes of coming to an agreement ahead of next month's trial. But no one really thought a deal would actually happen; both sides have been ordered into talks prior to earlier trials, but to no avail.

Still, Apple representatives held more than six phone conferences with the mediator, while Samsung had at least four, the filing said. "Notwithstanding these efforts, the mediator's settlement proposal to the parties was unsuccessful," the filing said, adding that both companies "remain willing to work through the mediator jointly."

Executives in attendance at the Feb. 18 meeting include Apple CEO Tim Cook, general counsel Bruce Sewell, chief litigation counsel Noreen Krall, and chief IP counsel BJ Watrous, as well as Samsung's CEO, JK Shin, IP center heads Seung-Ho Ahn and Ken Korea, CFO HK Park, and heads of licensing Injung Lee and James Kwak.



January 31, 2014

Apple Sued for Infringing on Touch-Screen Patent

iPad Air Alt

Apple this week was hit with a patent lawsuit over the use of touch-screen panels in products like the iPad Air.

Hilltop Technology on Wednesday filed suit in Texas district court, alleging that Apple is infringing on a patent it owns for a "capacitive type touch panel."

The patent was first filed in April 2008 and issued in Jan. 2011, according to Hilltop. The company alleges that "all Apple products having a capacitive type touch panel, including its iPad Air," infringe on this patent.

According to Hilltop, it "has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Apple's infringing activities are enjoined by this Court."

The firm is demanding an injunction and damages, among other things.



January 9, 2014

Apple, Samsung to Talk Patent Settlement, Deal Unlikely

Apple Samsung

Apple and Samsung are trying once again to resolve their patent fight out of court, but don't hold your breath for a resolution.

A Thursday court document revealed that Apple CEO Tim Cook and Samsung CEO Oh-Hyun Kwon will meet by or before Feb. 19 to try to reach a settlement on their two-year patent battle.

Legal execs for both companies met on Jan. 6 to discuss settlement opportunities, the filing said, and they agreed on a mediator who will handle the February meetup. Outside counsel will not attend the sitdown between Cook and Kwon.

The companies didn't simply have a change of heart, though. In November, Judge Lucy Koh ordered them to submit a proposal regarding settlement discussions before the trial that is set to kick off in March.

The judge has done this before. Prior to an Aug. 2012 trial between Samsung and Apple, which ultimately resulted in a victory for Samsung to the tune of about $900 million, the companies also tried to hash out their differences.



January 2, 2014

Amazon Collecting Sales Tax in 3 More States

amazon box

Online shoppers in Indiana, Nevada, and Tennessee will soon have to pay a little more for items they buy on Amazon.

Effective Jan. 1, the online retail giant has started collecting sales tax for orders in those states, according to a report from The Wall Street Journal. With the three latest additions, Amazon now collects sales tax in 19 states.

State officials expect the new levies to generate more than $50 million a year collectively, the report notes. Technically, customers are supposed to report Web purchases and pay taxes on them, but people rarely do. An Amazon spokesperson did not immediately respond to a request for comment.

Amazon for years has been fighting not to collect sales tax in most states while calling on the feds to decide on the issue. In 2008, New York lawmakers approved a budget package that included a bill that would force online stores like Amazon.com to collect sales tax. Amazon filed suit in Manhattan Supreme Court, and took it all the way to the Supreme Court, but the High Court ultimately declined to hear the case.



December 30, 2013

Report: Apple, Samsung Working on Deal to End Patent War

Apple Samsung

Apple and Samsung are reportedly working behind closed doors to hammer out a deal that would end their long-running, globe-spanning feud over mobile technology patents.

The negotiations are building upon "marathon talks" held in 2012 between Apple CEO Tim Cook and Samsung's then-CEO Geesung Choi in San Francisco, according to The Korea Times. The two technology giants, which have been battling over mobile device IP in courtrooms around the world for several years, are scheduled to deliver a joint settlement proposal in a U.S. court by Jan. 8.

Apple and Samsung have been engaged in more than two dozen patent infringement cases in nine countries since April 2011, though about a quarter of those cases are no longer open. A U.S. court last year ordered Samsung to pay Apple $1.05 billion for patent infringements, though that figure was later reduced to about $890 million.

The Times cited an official at South Korea's Fair Trade Commission as saying renewed talks were now underway between relevant parties at Apple and Samsung.

"As far as I know, the companies recently resumed working-level discussions toward the signing of a potential deal. They are in the process of narrowing differences over royalty payments," the unnamed official was quoted as saying.



December 27, 2013

NZ Parents Seek School Wi-Fi Ban After Son’s Death

Wi-Fi Signal Logo

The parents of a New Zealand child who died from brain tumors are linking his death to Wi-Fi provided by his school and they want it removed to protect other students.

Ethan Wyman was 10 when he died, nearly a year after being diagnosed with two brain tumors, according to The Dominion Post. He had attended the To Horo School in the Kapiti Coast district of New Zealand's North Island, about 35 miles of the capital Wellington.

Ethan's father Damon Wyman told the Post that in addition to his son's exposure to Wi-Fi at school, he received an Internet-connected iPod which his parents discovered he had been keeping under his pillow at night, powered up.

"Even though it was on standby, it was still emitting bursts of radiation as it tried to connect to the router" in the Wymans' home, the father told the newspaper.

Ethan was diagnosed with his brain tumors last August, about three months after receiving the iPod. Doctors said the tumors were about four months old at the time of his diagnosis, according to Damon Wyman.

The father told The Dominion Post that he suspected there was a connection between his son's illness and the iPod and classroom Wi-Fi.



December 12, 2013

Samsung Loses Bid for iPhone, iPad Ban in South Korea

Apple iPhone 5

Samsung this week lost its bid to have Apple iPhones and iPads banned in its home country of South Korea.

As reported by Reuters, a Seoul Central District Court judge rejected Samsung's request to pull devices like the iPhone 4s, iPhone 5, and iPad 2 from stores shelves in the region, and for $95,000 in damages.

Samsung had accused Apple of violating patents for short message display methods and messaging grouping features, Reuters said.

"We are disappointed by the court's decision," a Samsung spokeswoman said in a statement to PCMag. "As Apple has continued to infringe our patented mobile technologies, we will continue to take the measures necessary to protect our intellectual property rights."

Apple did not immediately respond to a request for comment.



December 2, 2013

U.S. Supreme Court Denies Amazon Tax Appeal

Amazon Boxes

Out-of-state Internet retailers like Amazon.com took a hit today when the U.S. Supreme Court declined to hear a legal challenge to the New York law requiring e-tailers to continue collecting sales tax.

Companies like Amazon and Overstock.com must resume charging sales tax—just as any in-state business would—while New York continues collecting additional tax revenue.

The high court offered no explanation for its refusal of the appeal.

This move, the Associated Press pointed out, will likely prompt more states to set up a similar system, as well as cause a ruckus in Congress between those backing Internet sellers, brick-and-mortar stores, and revenue-hungry states.

The Manhattan Supreme Court established the law in 2008, making moot the usual benefit of tax-free online shopping. Technically, customers are supposed to report Web purchases and pay taxes on them, but people rarely do.



November 21, 2013

Apple Awarded $290M in Samsung Patent Fight

Apple logo

A California jury awarded Apple $290 million in its ongoing patent fight with Samsung.

As noted by Reuters, that number is less than the approximately $380 million requested by Apple, and quite a bit more than the $53 million Samsung said it should pay.

The decision means Samsung owes Apple about $900 million in this case.

"We are disappointed by today's decision, which is based in large part on a patent that the U.S. Patent and Trademark Office has recently deemed invalid," Samsung said in a statement. "While we move forward with our post-trial motions and appeals, we will continue to innovate with groundbreaking technologies and great products that are loved by our many customers all around the world.

Apple did not immediately respond to a request for comment.

The case dates back to Aug. 2012, when a separate California jury awarded Apple $1.05 billion. Samsung appealed and by March, Judge Lucy Koh ordered a new trial on 14 Samsung products and dropped more than $450 million in damages from that $1.05 billion.