11.10.12

Apple in Trouble in US and UK Over Deception, Required to Compensate Samsung Financially

Posted in Apple, GNU/Linux, Google, Patents at 8:50 pm by Dr. Roy Schestowitz

American metal worker

Summary: Apple litigation against Android leads to annoyed judges and Samsung is expecting to receive more than just an apology from Apple

Apple got into some deep trouble due to the foreman and the apparent trial misconduct. He was acting in bad faith much to Apple’s benefit. TechDirt remarks on the news in its usual great style:

After the jury decision in the Apple/Samsung patent fight in the US came out, lots of people pointed to statements from the foreman of the jury, Vel Hogan, that raised serious questions about Hogan’s understanding of the legal issues at play, especially pertaining to prior art. It also suggested possible bias. Still, even with all of that, it’s very, very difficult to get a jury ruling thrown out on jury misconduct — but Samsung has unveiled one bit of info that Judge Lucy Koh has now agreed to review: whether or not Hogan needed to reveal that he had a legal dispute with Seagate, a former Hogan employer, who is also a major strategic partner of Samsung.

The person is pictured in this article. Here’s what Pamela Jones wrote:

The Hon. Lucy Koh has ruled [PDF], sort of, on Samsung’s motion to compel Apple to reveal when it learned about the jury foreman not answering fully in voir dire. By sort of, I mean she says she will hear oral argument about it on December 6th, along with everything else, and then if she grants Samsung’s motion to compel, she’ll likely order fuller briefing before ruling on Samsung’s motion for judgment as a matter of law, another motion already before her that will be argued on December 6th also.

I know. It seems like a kick the can down the road order. True, she’s really busy, and she doesn’t want to make a mistake. A lot is riding on this. She also probably doesn’t want to read any more briefs than she really needs to, but normally Samsung would get to respond to Apple’s opposition, so it’s a little strange. California needs to fund its courts and create an atmosphere where judges can work without being overburdened. But the upside for Samsung is that she’s apparently taking their motion seriously, despite Apple’s opposition, and she did not deny it out of hand. But she could have granted the motion without oral argument as well. Considering how hard it is to establish jury misconduct, though, I’d call this a win for Samsung, or more accurately that Samsung has made it over the first hurdle, with more to come on the 6th. If any of you can make it for the hearing, that’d be important, I think. That’s in San Jose, California, Dec. 6 at 1:30 PM. If you can go, email me please, and we’ll talk.

More to the point about Apple’s abuse, watch this report on Apple’s admission of lies and deception:

Apple has come in for blistering criticism from judges at the court of appeal for its “lackadaisical” compliance with their order to publish newspaper adverts and website acknowledgements that Samsung did not infringe its registered designs for a tablet.

Meanwhile, the company has quietly removed the Javascript code on its UK webpage that kept hidden the acknowledgement “below the fold” of the site, no matter how big a screen it was viewed on.

The full ruling of the court of appeal hearing on 1 November shows the judges to be furious at Apple’s attempts to stall on the acknowledgements and its addition of “false and misleading” additions to the statement that Apple was originally to put up.

The Apple deception and insincere apology were mentioned here before. Jones writes:

The UK Court Sanctions Apple, Hopes “Lack of Integrity” In Notice Incident Is Not “Typical”

The latest order has been published now by the UK court that ordered Apple to place a notice on its website and in newspapers and magazines stating that the court had found that Samsung had not copied Apple’s design patent. Since Apple did not comply with the order in its estimation, adding materials that were not ordered and in addition were “false”, the judges ordered Apple to pay Samsung’s lawyers’ fees on an indemnity basis, and they add some public humiliation

TechDirt covers this as follows:

UK Court Furious At Apple Dragging Its Heels Over Samsung Court Order

[...]

Perhaps it’s because Apple is finally realizing that the UK judge was really furious at Apple for its handling of this whole situation. The full ruling from the judge that made Apple change the statement has been released, and it shows that the court sees that Apple is dragging its feet and doing everything it can to avoid fully complying. Furthermore, it directly calls out the original statement for providing “false and misleading” information. As some UK court observers noted, the judges are clearly not happy with Apple, which seemed to think its standard reality distortion field might work on judges as well as the public.

Apple carries on patenting basic ideas, but not outside the US, the country where rounded rectangles are seen as patentable.

As this new article puts it, there is too much of a patent mess in the US for one to make smartphones peacefully, especially since software gets tied to hardware:

There are over 250,000 patents and 5 million claims at play inside your pocket. Many smart folks think that’s a bit nuts.

Many of these patents are utter junk, but nobody has the financial incentive to challenge them. It’s just a load of nonsense, sometimes lumped together with something less trivial to invalidate.

After the collateral damage that Steve Jobs and his gang had caused Apple is ordered to also pay Samsung, although not much:

In addition, if you remember there were quite a lot of sanctions against each company. Each party was supposed to pay for discovery issues. Samsung has beaten Apple as Apple has to pay an amount of $160,069.00 as the sanction award from the court’s July 11 order. On the contrary Samsung will have to pay only $21,554.14 as the sanction award from the court’s April 23 order.

Using VirnetX as a distraction, Apple is being described as the victim in patent battles by pro-Apple sites and the Microsoft boosters, who write:

Three days ago, Apple was ordered to pay $368.2 million for infringing domain name security and virtual private network patents for its FaceTime service. Now, it turns out the same company that beat Apple in that case—VirnetX—filed a new lawsuit against the iPhone maker on the very same day.

Apple is hardly the victim of patents as a whole; it is just part of a biased and misleading narrative. We need to counter this distraction/diversion. We also need to boycott Apple.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2012/11/10/uk-us-malaise/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. Michael said,

    November 10, 2012 at 10:39 pm

    Gravatar

    Who in the public is saying it was OK for Apple to lie in their first court-ordered comments about Samsung?

    Even when Apple is in the wrong, as they were with that, you feel the need to lie about the situation. I wish, Roy, you could be honest about tech news. You lie repeatedly.

    And if you read the comments on your site you will see you have your own “reality distortion field” – lemmings who buy your BS paranoid lies.

What Else is New


  1. Links 14/4/2021: EasyOS Dunfell 2.7, Tor Browser 10.5a14

    Links for the day



  2. EPOLeaks on Misleading the Bundestag -- Part 17: Jawohl, Herr Minister!

    A French-German co-production of "Yes, Minister!" starring Raimund Lutz, Heiko Maas and Christoph Ernst. Directed by Benoît Battistell.



  3. Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

    The EPO’s attack on workers and pensioners isn’t going ahead without challenge; while the “Mafia” (what EPO workers call the management) loots the organisation it takes away money from the workers — i.e. from besieged folks who do all the work and face growing workloads during a pandemic



  4. Who is Richard Stallman?

    Reproduced with permission



  5. IRC Proceedings: Tuesday, April 13, 2021

    IRC logs for Tuesday, April 13, 2021



  6. Links 13/4/2021: FreeBSD 13.0 Final, Slackware 15.0 GNU/Linux Beta Release and OpenMandriva Lx 4.3 Plans

    Links for the day



  7. IBM Stroking the Masters

    IBM continues to diminish its weakly-supported thesis about the word “Master” being inadequate in all contexts and IBM’s front group, the Linux Foundation, has just promoted more of that same self-serving agenda in the corporate media (screenshot below from 5 minutes ago)



  8. The 'Stallman Support' Web Site and How You Can Support Truth, Not Just Software Freedom

    The Stallman Support Dot Org Web site (stallmansupport.org, "In Support of Richard Stallman“), endorsed by Stallman himself, sets the record straight while the corporate media keeps peddling lies and distortions



  9. An Examination of Correspondence Between the Tweedledum-Tweedledee Duo, Lutz and Ernst

    A quick look at the letters and E-mails sent back and forth from the current VP5 and former VP5 of the EPO, Europe’s second-largest institution that the German government has let exist outside the rule/reach of any law



  10. EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

    How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst



  11. How the GNU Operating System Really Started (Almost a Decade Before Linux Came Out)

    Later this year Linux turns 30, but Linux is just a component added to the GNU Operating System, developed a very long time earlier based on the design of UNIX (the mainstream media likes to distort that part of history); here’s the creator of the GNU Operating System, telling me his story here in the United Kingdom (we did many clips like these and this one seems very timely)



  12. Richard Stallman: The Other Things I Have to Say I Put on Stallman.org... Reject the Idea That You Have to Accept Something Like Facebook

    Transcript below



  13. An Ode to Dr. Ernst

    THE BUDGET is right...



  14. During Pandemic, With Rising Inflation, Corrupt EPO Management With Its 'Shadow Budget' Cracks Down on Education and Childcare Allowance

    While hoarding and misusing money (by basically granting lots of patents that ought not be granted) the management of the EPO hides it aside, then proceeds to crushing salaries and benefits of staff, even pensioners



  15. IRC Proceedings: Monday, April 12, 2021

    IRC logs for Monday, April 12, 2021



  16. In Support of Richard Stallman Normalizing Truth, Reason, Dialogue: Introduction

    Reproduced with permission.



  17. Lunduke: Stallman & The FSF Respond To The Mob!

    A video response in support of RMS



  18. Links 12/4/2021: RSS Guard 3.9.2 and IBM-Funded Hacks Keep Attacking RMS

    Links for the day



  19. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks

    Dr. Ernst and Raimund Lutz colluded to protect EPO management from a much-needed investigation; Ernst has since then been rewarded with a do-nothing job by António Campinos



  20. EPO President Campinos Lying to JURI

    Benjamin Henrion recorded today's hearing and uploaded it. “Campinos,” according to him, claims that (to paraphrase) “London [is] irrelevant to get UPCA running” (that’s very obviously a lie), so what we have here is António Campinos lying on behalf of the entire EPO, just as Benoît Battistelli did. Campinos has decided to “have fun,” we’ve been told, speaking of UPCA “upper law” (which is meaningless junk) at around 51:00. He clearly didn’t come prepared and he mumbles a lot. What awful leadership for what was supposed to be the best of Europe’s science…



  21. Supporting RMS With a Meme!

    As the saying goes, a picture is worth a thousand words.



  22. If You Want to Support a Real Community...

    We’ve just mentioned the fake 'community' of openSUSE and now it’s time to examine what Fedora has truly become under IBM



  23. OpenSUSE Hates Your Freedom, But It Loves the Proprietary Software Reseller That Is the True 'Master' of OpenSUSE

    OpenSUSE is inclusive of Microsoft and other companies that attack human rights and [cref 141916 enable nationalists]; but apparently what bothers OpenSUSE very, very much is the people who started the operating system SUSE is selling



  24. Links 12/4/2021: Lagrange 1.3.2, Linux 5.12 RC7

    Links for the day



  25. IRC Proceedings: Sunday, April 11, 2021

    IRC logs for Sunday, April 11, 2021



  26. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door

    The Benoît Battistelli-António Campinos shuffle left some people in the EPO’s upper management better off; they’re being rewarded for complicity, so there’s no incentive to do the right thing but to do the wrong thing



  27. Links 11/4/2021: GnuPG 2.3.0, Linux 5.13 Additions

    Links for the day



  28. All EPO Articles Are Available Over Gemini Protocol

    For lighter and more privacy-preserving access to Techrights use the Gemini capsule instead of the Web site



  29. Judge and JURI

    The Committee on Legal Affairs, a.k.a JURI, meets the EPO tomorrow (in 24 hours); will abuses by António Campinos and Benoît Battistelli be brought up?



  30. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…

    Before becoming an absent-minded Vice-President of António Campinos Christoph Ernst was posing as the very opposite of what he would become


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts