Samsung’s Galaxy S4 emerges to do battle on Apple’s home turf

NEW YORK/SEOUL, Fri Mar 15, 2013 — Samsung Electronics Co. premiered its latest flagship phone, the Galaxy S4, which sports a bigger display and unconventional features such as gesture controls, as the South Korean titan challenges Apple Inc. on its home turf.

The phone, the first in the highly successful Galaxy S-series to make its global debut on U.S. soil, was unwrapped at Manhattan’s iconic Radio City Music Hall on Thursday evening. Some industry watchers were clearly dazzled by its features, setting a high bar for Apple to surpass.

The S4 can stop and start videos depending on whether someone is looking at the screen, flip between songs and photos at the wave of a hand, and record sound to run alongside snapped still pictures. But other industry watchers said the phone would not upturn an industry that lives and dies by innovation.

The plethora of new features “are good steps in this direction, but they can be seen as gimmicks rather than game changers. At this point, Samsung appears to be trying to kill the competition with sheer volume of new features,” said Jan Dawson, chief telecom analyst at IT research outfit Ovum.

“For now, Samsung can likely rely on its vastly superior marketing budget and the relatively weak efforts of its competitors in software to keep it ahead.”

Appeals court reverses sales ban on Samsung smartphone

WASHINGTON, Thu Oct 11, 2012 – A U.S. appeals court overturned a preliminary injunction banning the sale of Samsung Electronics Co. Ltd’s Galaxy Nexus smartphone on Thursday, sending the case back to a California court for reconsideration.

Apple had filed a lawsuit in February accusing Samsung of infringing eight patents, and had asked a California court to ban the sale of smartphones it said infringed on its patents. The lower court agreed.

But the U.S. Court of Appeals for the Federal Circuit, which had previously put a stay on the injunction, ruled that the district court in California “abused its discretion in entering an injunction.”

Samsung to add iPhone 5 to U.S. lawsuits vs. Apple

SAN FRANCISCO, Thu Sep 20, 2012 – Samsung Electronics Co said on Thursday it planned to add Apple’s iPhone 5 to its existing patent lawsuits against the U.S. rival, a move that could lead to a preliminary sales injunction of the popular smartphone.

The fresh legal step by the South Korean firm comes as Apple booked orders for over two million iPhone 5 models in the first 24 hours and the model hits store shelves on Friday.

Samsung and Apple are locked in global patent battle in 10 countries and the stakes are high as the two technology giants vie for the top spot in the booming smartphone market.

Both companies are also aggressively raising marketing spending to promote their latest products ahead of the crucial year-end holiday season.

“Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product,” it said in a U.S. court filing.

“Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models.”

With Samsung win on Galaxy Tab, judge may reconsider U.S. ban

RIDGEFIELD PARK, N.J., Mon Aug 27, 2012 – Apple Inc.’s legal victory on Friday over Korean rival Samsung Electronics Co. Ltd. was crushing but for one key front in its global smartphone and tablet patent war: Samsung’s Galaxy Tab 10.1.

The jury in the San Jose, California, federal court awarded the iPhone and iPad maker $1.05 billion in damages and said Samsung had copied critical features in the U.S. company’s products.

However, it declined to side with Apple on one patent, covering design elements on the iPad. That put the jury directly at odds with the judge in the case who, only two months earlier, had sided with Apple over allegations the Galaxy Tab 10.1 tablet ripped off Apple’s design.

U.S. District Judge Lucy Koh issued a pre-trial order barring Samsung from selling the Galaxy Tab 10.1 in the United States.

Late on Sunday, Samsung asked Koh to dissolve the order, due to the jury’s finding. “There is thus no proper basis for maintaining the injunction,” Samsung attorneys wrote.

An Apple representative could not be reached immediately for comment.

Samsung’s Galaxy touch screen tablets, powered by Google’s Android operating system, are considered by some industry experts to be the main rival among larger tablets to the iPad, although they are currently a distant second in salesto Apple’s device.

Apple, Samsung launch salvos as smartphone trial heats up

SAN JOSE, Calif. Tue Jul 31, 2012 – Samsung Electronics Co Ltd told jurors that its products are not copycats of Apple Inc.’s iPhone but rather an example of legitimate American-style competition from the South Korean company.
Lawyers for both tech giants faced off on Tuesday for opening statements in the highly anticipated U.S. patent trial, where Apple has accused Samsung of stealing iPhone features like scrolling and multi-touch.
The stakes are high: Apple is being tested on its worldwide patent strategy against Google’s Android operating system, while Samsung faces the threat of sales bans on its Galaxy line of phones and tablets.
Apple attorney Harold McElhinny said Samsung’s own internal product analyses show it deliberately chose to rip off the iPhone, but Samsung lawyer Charles Verhoeven said all companies produce such documents.
“It’s called competition,” Verhoeven said. “That’s what we do in America.”
The world’s largest consumer electronics corporations have been waging legal war around the world, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices. They sell over half of the world’s smartphones.
The legal fight began last year when Apple sued Samsung in federal court, accusing the South Korean company of slavishly copying the iPhone and iPad. Samsung countersued.
The federal courtroom here was jammed on Tuesday with lawyers and reporters, with more spilling into an overflow room next door equipped with a video feed. Both companies relied on slides featuring various phone models, internal emails and news reports to make their points.

Apple, Samsung patent trial set to kick off in U.S., billions at stake

SAN JOSE, Calif., Mon Jul 30, 2012 – Jury selection is due to begin on Monday in the United States in a high stakes patent battle between Apple Inc. and Samsung Electronics Co. Ltd., the culmination of over a year of pretrial jousting with billions of dollars in the balance.
Apple and Samsung, the world’s largest consumer electronics corporations, are waging legal war around the world, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices.
The fight began last year when Apple sued Samsung in a San Jose, Calif., federal court, accusing the South Korean company of slavishly copying the iPhone and iPad. Samsung countersued.
The stakes are high, with Samsung facing potential U.S. sales bans of its Galaxy smartphones and tablet computers, and Apple in a pivotal test of its worldwide patent litigation strategy.
Apple will try to use Samsung documents to show its rival knowingly violated the iPhone maker’s intellectual property rights, while Samsung argues Apple is trying to stifle competition to maintain “exorbitant” profit, according to court filings.
A 10-member jury will hear evidence over at least four weeks, and it must reach a unanimous decision for Apple or Samsung to prevail on any of their claims.

Apple says Samsung patent royalty demands unfair

SAN FRANCISCO, Wed Jul 25, 2012 – Apple Inc. said Samsung Electronics Co. Ltd. is demanding from the iPhone maker a far higher patent royalty than it pays to other licensers, at a rate the South Korean company has never sought from any other licensee.
Samsung is demanding a 2.4 percent rate on the “entire selling price” of Apple’s mobile products, the Palo Alto, California-based company said in a U.S. court filing on Wednesday. The information was contained in freshly unsealed portions of a legal brief in a high profile patent lawsuit between the two companies.
“Samsung’s royalty demands are multiple times more than Apple has paid any other patentees for licenses to their declared-essential patent portfolios,” Apple said in the documents.
However, Samsung said in a separate filing on Wednesday that its offer “is consistent with the royalty rates other companies charge” and that Apple never made a counter offer.
“Instead, it simply rejected Samsung’s opening offer, refused to negotiate further and to this day has not paid Samsung a dime for Apple‘s use of Samsung’s standards-essential technology,” Samsung said.
The legal filings do not disclose the rate Apple pays to other companies for standard essential patents. These are patents which Samsung has agreed to license to competitors on fair and reasonable terms, in exchange for having the technology be adopted as an industry standard.
In a court filing on Tuesday, Apple had said it should pay one-half of 1 cent per unit for each infringed standard essential patent.
Apple and Samsung, the world’s largest consumer electronics corporations, are waging legal war around the world, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices.

Apple must show patents valid in Samsung case, U.S. district judge says

SAN JOSE, Calif. ― A U.S. judge said that Samsung Electronic’s Galaxy tablets infringe Apple Inc’s. iPad patents, but added that Apple has a problem establishing the validity of its patents in the latest courtroom face-off between the technology giants.

U.S. District Judge Lucy Koh made the comments in a court hearing on Thursday, but has yet to rule on Apple’s request to bar some Galaxy products from being sold in the United States.

Apple and Samsung are engaged in a bruising legal battle that includes more than 20 cases in 10 countries as the two jostle for the top spot in the smartphone and tablet markets.

Earlier on Thursday, an Australian court slapped a temporary ban on the sale of Samsung’s latest computer tablet in that country.

Apple sued Samsung in the United States in April, saying the South Korean company’s Galaxy line of mobile phones and tablets “slavishly” copies the iPhone and iPad.

Apple then filed a request in July to bar some Samsung products from U.S. sale, including the Galaxy S 4G smartphone and the Galaxy Tab 10.1 tablet.

Mobile providers Verizon Wireless and T-Mobile USA have opposed Apple’s request, arguing that a ban on Galaxy products would cut into holiday sales.

Apple must show both that Samsung infringed its patents and that its patents are valid under the law.

Samsung attorney Kathleen Sullivan argued that in order to defeat an injunction bid, Samsung need only show that it has raised strong enough questions about the validity of Apple’s patents.

“We think we’ve clearly raised substantial questions,” Sullivan said at the hearing on Thursday in a San Jose, California federal court.

Apple attorney Harold McElhinny said Apple’s product design is far superior to previous tablets, so Apple’s patents should not be invalidated by designs that came before.

“It was the design that made the difference,” McElhinny said.

Koh frequently remarked on the similarity between each company’s tablets. At one point during the hearing, she held one black glass tablet in each hand above her head, and asked Sullivan if she could identify which company produced which.

“Not at this distance your honor,” said Sullivan, who stood at a podium roughly 10 feet away.

“Can any of Samsung’s lawyers tell me which one is Samsung and which one is Apple?” Koh asked. A moment later, one of the lawyers supplied the right answer.

Additionally, at the hearing Koh said she would deny Apple’s request for an injunction based on one of Apple’s so-called “utility” patents.

She did not say whether she would grant the injunction based on three other Apple “design” patents.

T-Mobile lines up against Apple in Samsung lawsuit on selling Galaxy products

BELLEVUE, Wash. ― T-Mobile USA has become the latest mobile provider opposing Apple’s (AAPL.O) bid to stop Samsung Electronics Co. from selling some Galaxy products in the United States, according to a court filing.

The move by T-Mobile on Wednesday follows a similar position taken last week by Verizon Wireless. T-Mobile, which cited 2011 holiday sales as one of its primary concerns, is the fourth largest U.S. mobile service, while Verizon is the biggest.

The legal battle between Apple and Samsung has been building since April, when Apple sued Samsung in a California federal court for infringing its intellectual property rights.

Samsung is the leading user of the Google Android platform. Apple claims the South Korean firm’s Galaxy line of mobile phones and tablets “slavishly” copies the iPhone and iPad.

Apple has asked a judge to issue an injunction that would prevent Samsung from selling some Galaxy products. A hearing on the injunction request is scheduled for Oct. 13.

An order against Samsung would “unnecessarily harm” T-Mobile and its customers, T-Mobile said in a court filing on Wednesday.

“At this late date, T-Mobile could not find comparable replacement products for the 2011 holiday season,” the company argued.

T-Mobile’s marketing campaigns “prominently feature” the Galaxy S 4G phone and Galaxy Tab 10.1, and the company has also ordered holiday inventory, it said in the filing.

“These investments cannot be recouped easily,” the company said.

Apple spokeswoman Kristin Huguet on Wednesday referred to earlier statements, saying that Apple needed to protect its intellectual property when companies steal its ideas.

Other carriers such as AT&T Inc. and Sprint Nextel have not yet weighed in on the debate. Representatives for the companies had no immediate comment.

In a statement, T-Mobile said it respects intellectual property rights but that an injunction “is a drastic and extraordinary measure.”

Earlier this week, Verizon said that disputes involving intellectual property should not interfere with the free flow of the newest 4G devices.

Samsung unveiled an agreement with Microsoft on Wednesday for the development and marketing of Windows phones, as well as a wide patent cross-licensing deal. Microsoft will get royalties for Samsung devices that run the Android platform.

T-Mobile is owned by Deutsche Telekom.