EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS


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 this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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


    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 12/10/2015: Linux 4.3 RC5, Parsix GNU/Linux 8.0 Reviewed

    Links for the day

  2. Microsoft Still Rigging and Gaming Statistics by Taking Over or Registering Dead/Inactive/Parked Domains by the Millions

    Microsoft continues to game Netcraft's figures and graphs by amassing effectively dead domains, making itself (and IIS/Windows) look a lot bigger when it fact Microsoft only perishes on the Web, having long ago lost the game to GNU/Linux with Free/libre software on top of it (notably a L.A.M.P. stack)

  3. Benoît Battistelli's Group of 'Loyals' Crushes Not Only the Independent Boards But Also 'Unwanted' Directorates-General

    Having 'infiltrated' most key positions at the EPO, Benoît Battistelli now ejects everything that remains potential threat to his unquestionable total domination

  4. Many New Losses for Software Patents in the US, Courtesy of Alice Case/§101

    The United States' supposed leadership in software patenting grinds to a halt as more software patents simply die in the courtrooms and patent lawyers try hard to overcome this new debacle of theirs, usually by misleading current and prospective clients

  5. Leaked: EPO Prioritises Work for Large Foreign Corporations, Discrimination Not Accidental But Centrally Planned

    Canon, Philips, Microsoft, Qualcomm, BASF, Bayer, Samsung, Huawei, Siemens, Ericsson and Fujitsu receive V.I.P. treatment from the EPO, despite most of them not even being European

  6. Links 11/10/2015: Kate/KDevelop Sprint, Blender 2.76

    Links for the day

  7. European Pirate Party MEP Julia Reda Says TPP Will Bring Software Patents to Europe and Other Continents/Countries

    The Wikileaks "TPP Leak," says Julia Reda, suggests that, based on the patentable subject matter section, signatories must add software patents

  8. Don't Look at Linux For Sexism, Look at Microsoft (Although Microsoft Hides the Newest Lawsuits)

    A look at the broader scale of discrimination against women and how widespread a phenomenon it is inside Microsoft, the arch rival of Linux

  9. Links 10/10/2015: IBM's Linux-based LC Family, KDE Frameworks 5.15

    Links for the day

  10. Benoît Battistelli's Office Accused of Institutional Harassment Against EPO Staff in New Letter to the Administrative Council, Calling for External Investigation

    A probe by an external and independent entity is sought with the aim of looking into systematic harassment against EPO employees who simply 'dare' to point out gross violations by their managers; staff protests at EPO headquarters in the Netherlands and Germany are scheduled

  11. Responses to Software Patents in India Though Guidelines for Examination of Computer Related Inventions

    India's famous skills, which revolve around software services and software development, are under attack by new laws which strive to grant foreign corporations de facto monopolies on software, even inside India

  12. Mobile Linux (e.g. Android) Still a Victim of Software Patents, No Peace in Sight

    A look at recent developments in the fight against mobile Linux (notably Android these days) and whoever is behind the patent attacks (not always as obvious as people are led to believe)

  13. Bad News for the EPO's Judicial Independence and Due Process in Next Week's Administrative Council (AC) Meeting

    A quick update about what's expected to happen next week when the Administrative Council holds a two-day meeting

  14. More Back Doors Found in Microsoft's Entrapments (Proprietary Software)

    Security flaws and even blatantly obvious loopholes for surveillance are identified in several of Microsoft's so-called 'products', which turn users (and their data) into the real product (to be sold to private companies or shared with spies)

  15. NASA Gives Back What It Took Away in the Form of Patent Monopolies for Private Gain

    Criticism of NASA's habit of clinging onto patents when it is actually the public which pays for everything

  16. The Coup D'état of Benoît Battistelli Follows an Imperialist Model, Threatens Opposition and Dissent

    SUEPO, the staff union, and boards that are independent from the EPO are both under attack and are constantly threatened by Benoît Battistelli and his goons

  17. Links 8/10/2015: Manjaro Linux Releases, Linksys WRT1900ACS, FOSS at NHS

    Links for the day

  18. Links 8/10/2015: KDE Plasma 5.4.2 Released, Linux Drama Queens

    Links for the day

  19. EPO Staff to Disrupt Administrative Council Meeting With Public Demonstration That Raises Awareness of Abuses

    The perception of collusion between the Administrative Council (AC) and the European Patent Office (EPO) leads to staff actions demanding investigation of illegal Board of Appeal (BoA) suspension/s (among many other things)

  20. OIN Turns 10, IDG Floods the Web With Puff Pieces That 'Normalise' Software Patents

    The Open Invention Network (OIN) commissions or helps produce puff pieces in the corporate media because it has an anniversary and corporate interests to push forth (including the idea that software patents can coexist with Linux)

  21. Hypocrite Forks the Linux Kernel Because of Cultural Characteristics That He Himself is Guilty of

    Forking of Linux is misleadingly reported in the media because of a couple of very loud people, who are not even quitting their jobs

  22. Željko Topić Attacks EPO Staff for 'Daring' to Legally Challenge the EPO's Management Over Its Gross Abuses in Europe

    Benoît Battistelli's right-hand man, Željko Topić, is under the false impression that yet more threats against staff of the EPO will help contain the crisis rather than further inflame it

  23. Media Reports Based on New Patents Suggest That Microsoft Continues to Attack Google and Android/Linux, Trying to Tax and Delete Android

    Reports and patent applications serve to show that Microsoft not only tries to infiltrate ("embrace") Android to put its apps there ("extend") but ultimately to delete ("extinguish") Android

  24. Commenters Provide Possible Explanations for Mr Van der Eijk Being on Unlimited Sick Leave

    Rumours are swirling around Wim Van der Eijk's absence, suggesting that he too may be a victim of Benoît Battistelli's iron fist

  25. Links 6/10/2015: Linux 4.3 RC4, HP OpenSwitch, Wind River Linux 8

    Links for the day

  26. With Software Patents in Europe (and Pushes for the Same Thing in Australia and India) Patent Trolls Now Come to Europe, Attack Android/Linux

    Worst-case scenarios are becoming a reality as Android backers officially attacked by patent trolls using standard-essential patents in London, England

  27. New Information on Limbo in the Enlarged Board, Courtesy of Illegal Actions by the EPO's Benoît Battistelli

    Battistelli's bullying of people whom he is not even allowed to bully turns out to have gone on for a lot longer than promised, and there is no sign of light at the end of this tunnel

  28. Microsoft Customers Complain About 'Inevitable' Vista 10 Because Microsoft Nearly Forces Botched 'Upgrades'

    In a desperate effort to spread Vista 10, sometimes even against people's will, Microsoft really upsets loyal customers, who are eventually eager to explore alternatives

  29. Dr. Ingve Björn Stjerna Explains Why the UPC (“Unitary Patent“ System) is an Undemocratic Sham Whilst UPC Silently Advanced by Patent Lawyers and Politicians

    European patent laws are being covertly overridden so as to allow broader scope of litigation, higher financial damages, speedy injunctions, and even software patents; the European public is intentionally kept in the dark about it, hence kept unable to express scepticism or issue truly effective objections

  30. IRC Proceedings: September 13th, 2015 – October 3rd, 2015

    Many IRC logs


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