Bonum Certa Men Certa

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

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.

Comments

Recent Techrights' Posts

Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
Sabotaging Linux on Behalf of Microsoft With UEFI 'Secure' Boot (De Facto Remote 'Kill Switch'), Then Defaming, Stalking and Harassing Critics of 'Secure' Boot for 12 Years, Then SLAPPing Their Spouses and Them
The sorts of stubborn lunatics we've been dealing with
 
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025
Moving on in Techrights, Geeks Gonna Geek
In the coming weeks we plan to focus (as we explained last week) on patents, GNU/Linux issues, and the occasional philosophical essays
Slopwatch: Google News Has Lost the Plot
Almost the majority of articles returned for "Linux" are fakes
Links 31/07/2025: Australia Restricts YouTube Access, Personal Privacy at Risk
Links for the day
Links 31/07/2025: Spotify Collapses and Spotify Now Forcing Some Users to Undergo Face-Scanning
Links for the day
A Lot of Supposedly "Successful" Businesses Are Just Debt-Racking Vessels Without Any Prospects of Financial Sustainability
The probability of bankruptcy of any business is more than 0%
theregister.com: The Voice of Microsoft US?
It basically sold out
Yes, You Can Love and Adore Things Whilst Also Criticising Them
Is society being divided and groomed/primed to be resistant to constructive criticism?
Links 31/07/2025: War in Ukraine, Security News, and Cyberattacks Against Journalists on the Rise
Links for the day
Gemini Links 31/07/2025: Fake Money and Gemini Diaries
Links for the day
An Illusion and Cult Worship of Magnitude (Ubiquity as "Victory")
GNU has been around for over 40 years and it'll likely continue to exist for another 40 (in some form)
Google: From Pointing to Relevant Sites to Pointing to Social Control Media to Actually Parroting Social Control Media as "Facts"
Google has become a misinformation company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 30, 2025
IRC logs for Wednesday, July 30, 2025
How to Report Apple Layoffs Without Saying the "L" Word
don't look for the "L" word
Wall Street Does Not Care About Microsoft's Impending (August) Layoffs, It Believes Lies From Microsoft, Whose Debt Grows Rapidly
If Microsoft is doing so well and swimming in money, why so many cuts (about 29,000 layoffs so far this year)?
Wayland Considered Harmful (to GNU/Linux Adoption)
it's not limited to games
My Experience With Judges Has been Positive, But We Must Still Pursue SLAPP Reform in the United Kingdom
We believe it'll be a "feather in the cap" if we can help change laws in the UK to better protect investigative reporters
Slopwatch Makes the Web Better
Remember what happened to BetaNews?
Slopwatch: Google News is Pumping in Lots of Web Traffic Into Fake Sites That Say "Linux"
somewhere between 30% and 40% of today's "news" about "Linux", as seen by Google News, is LLM slop
Links 30/07/2025: Climate Calamities Highlighted, Kyrgyzstan Crackdown on Expression/Freedoms
Links for the day
Gemini Links 30/07/2025: Watson’s List of Limits, Lysenko 2000
Links for the day
Riot for peace & Love: Catholic Influencers and Digital Missionaries welcome Jubilee of Youth
Reprinted with permission from Daniel Pocock
Some People See What Others See... But Only 40 Years Later
When people deviate from "the norm" they typically get ridiculed and dismissed as "crazy"
Links 30/07/2025: Tea Class Action and Google Killing the Web With Slop
Links for the day
Last Month Our IRC Community Turned 17
Funnily enough we never missed a single day when it comes to logging
"The Unix Kernel"
Linux was inspired by MINIX
The Register Relays Microsoft Marketing, Dubs That Marketing "Research"
Hours ago they did a "Microsoft sez" piece
Dealing With Sociopaths, Liars, and Cranks
A dysfunctional society such as this would never develop
Not Owning Mobile Phones
It's not about resistance; it's common sense
Google 'Search' is Fast Becoming No Better Than Social Control Media Infested With Bots
Google emerged almost 30 years ago as a company looking to organise the Web and direct people towards informative pages. That Google is dead.
PCLinuxOS Had Functional Backups Before the House Fire, the Site Will be Restored in New Webhost
This is the direction we want for GNU/Linux, not some IBM sales strategy
Gemini Links 30/07/2025: Two Sides of Me and "Hooked on Cosmic Voyage"
Links for the day
Microsoft Will Continue Resorting to Crimes in Order to Keep GNU/Linux Usage Down
It is a real problem and we'll revisit it later this week
GAFAM 'Revolving Doors' at The Register and a "Bribe Price List"
"an analyst at Microsoft"
Microsoft Rapidly Shrinking (No, It's Not About Efficiency, It's About Unbearable Debt)
We'll soon see how much debt grew in the past quarter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 29, 2025
IRC logs for Tuesday, July 29, 2025
Corruption is the Standard Operating Procedure at the European Patent Office (EPO)
The EPO is a dictatorship that stains Europe
Local Staff Committee Munich (LSCMN) at the European Patent Office (EPO) Requests an Urgent Meeting to Avoid Abolishing the Office
This is dictatorship led by the most corrupt
Slopwatch: Fake 'Linux' 'Articles' and Spamfarms/Slopfarms
at least 5 fake articles in one day