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

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 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

    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 31/10/2014: Rubin Leaves Google, Neelie Kroes Ends EU Career

    Links for the day



  2. The EPO Is More Corrupt Under Battistelli Than Under Alison Brimelow: Part VIII

    After Brimelow, with all her flaws and her scandals, an even worse President is installed who then abolishes oversight and seemingly brings his old friends to the EPO, creating a sort of subculture that is impenetrable to outsiders



  3. Claiming That Microsoft 'Loves' Linux While Windows Update Bricks Devices With Linux

    The sheer absurdity of claims that Microsoft -- which not only attacks those who distribute Linux and GNU but also blackmails them, takes them to court, or bricks their products without any liability -- 'loves' Linux



  4. Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America



  5. Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Links for the day



  6. Links 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  7. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  8. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  9. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  10. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  11. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  12. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  13. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  14. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  15. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  16. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  17. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  18. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  19. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  20. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  21. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  22. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  23. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  24. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  25. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  26. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  27. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  28. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  29. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  30. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents


CoPilotCo

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

CoPilotCo

Recent Posts