Apple Requests Sanctions Against Samsung Delivering Default Victory in Design Patent Case

[nanotlj]

The lead lawyer Quin of samsung in this case clearly seems to know what he need to do and what he is doing, unlike apple's lawyers. Apple, where is your cash? You guys seem to lose the ability to hire the right ones.

Quin's response is so impressive that the judge has not responded yet.

Not necessarily. Judges don't like to be insulted in a public forum. The trial is just getting started, and there could be a lot of objections that go against Samsung if she thinks they are disrespectful of her.

Plus, even before this stunt, Koh had indicated that Samsung's objection was on record for appeal. Therefore, if Apple wins this case, Samsung would have no real issues making its case on appeal.

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Up to now there is only one shining in this suit: Quinn. He has quick, brilliant, and impressive action, strategy and response.

Did you read Quinn's statement about the evidence "leak" (public evidence available in public court filings isn't "leaked" so much as pointed to for the media to look at instead of ignoring it. It was already out there) ?

Groklaw has the integrity of it. Fascinating how he justifies it, it's going to be interesting to see how Koh reacts to her own words on the matter.

 

[kdarling]

That's my point. As in any other case involving patents, trade secrets, IP issues and the like, no one but Apple and Samsung actually know what the details of the case are. What makes it into the various web sites, newspapers, and other media is carefully manipulated info to serve the respective party and put them in a good light.

Actually we know a great deal, because the judge made sure that all the major documents were publicly available.

You can read the original Apple complaint, Koh's first rejection of Apple's injunction request, their appeal, the subsequent grant of the Nexus injunction (and why), along with various motions and their results, plus of course the exhibits that include all the prototypes and concepts. Here is Samsung's Trial Brief from mid July, with its own 2006 designs.

All those documents not only list the complaints, but also the legal precedents behind them. Expert witness testimony can also be found, especially if you get an account to read court papers online.

The Northern District of California Court website even has a page dedicated to Apple v Samsung to make it easier for the press.

Some people here have read all or most of these documents, which is why there are occasionally posts that try to correct major misconceptions and/or clarify what the case is about.

.

 

[JohnDoe98]

Koh decreed:

Having considered the papers submitted, and GOOD CAUSE HAVING BEEN SHOWN, the Court hereby GRANTS Samsung's Motion to Strike. Alternatively, the Court DENIES Apple's request to enter a judgment finding Apple's asserted design patents valid and infringed.

She also added that Apple's requests for sanctions, based on Quinn's purported jury tampering, is a request "frivolous at every level". How do all those criticizing Quinn feel about them Apples?

 

[AidenShaw]

She also added that Apple's requests for sanctions, based on Quinn's purported jury tampering, is a request "frivolous at every level". How do all those criticizing Quinn feel about them Apples?

Certainly a piece of evidence that she could be fair-minded (but since Apple's request was patently absurd, anything less than a complete rejection of Apple's argument would be damning).

 

[dethmaShine]

So what you are trying to say is it was written by a MacRumors member?

Possibly. Or simply, it could be you.

 

[Oletros]

And you're still missing the point, it's the attorneys' conduct that's being challenged. You have no idea what "Samsung's intentions" were. It was wrong, period. It may not be sanctioned or sanctionable, but it was wrong.

More or less wrong than Apple's lawyers talking to the media about the trial?

 

[wovel]

On the one hand, it is difficult to believe that Apple could patent the rectangle or a smartphone with a grid of icons. I, myself, owned a rectangular smartphone with a grid of icons in 2002 (SE P800)...

You will be pleased to know that is nowhere near the extent of the claims in the patent.

 

[GermanyChris]

OK this seem to be a very emotional topic on both side but remember

Apple doesn't love you
Samsung doesn't love you
you are not defined by your phone

It is after all a phone, disposable and replaced every couple years.

 

[Bezetos]

Samsung is really pathetic.

Every company involved in software patent battles is pathetic, so Apple is at least equally pathetic, to put it nicely.

 

[iEvolution]

Every company involved in software patent battles is pathetic, so Apple is at least equally pathetic, to put it nicely.

Agreed, especially when the company is no threat (specifically the tablet market, which is where this all started).

 

[samcraig]

They tried to submit evidence that could easily be found months ago after the Discovery period was over and the jury was even selected.

"easily" is your opinion.

And it wasn't submitted AFTER the discovery period - it was submitted too LATE in discovery.

I'm sure you didn't mean the mistake - but since so many people like to read the forums instead of - you know - reading the actual court case documents - it's good to have the truth proliferated rather than inaccuracies.

 

[KnightWRX]

You will be pleased to know that is nowhere near the extent of the claims in the patent.

Hum, again, have you checked out the patents in question ?

D677 is essentially a rectangle, with rounded corners and a flat surface :



D790 is really nothing much more than a grid of rounded icons + a dock and a status bar on top :



D016 is even worse :



@kdarling : not sure, have they asserted D889 against Samsung for tablets ? This is the equivalent of the EU design registration :



Again folks, it's all out there. All these patent filings come from Apple's very own complaint, section 25, which is what they were asking for summary judgement on here (the design patent claims).

Not hard to read and research.

 

[KnightWRX]

OK this seem to be a very emotional topic on both side but remember

Apple doesn't love you
Samsung doesn't love you
you are not defined by your phone

It is after all a phone, disposable and replaced every couple years.

This cannot be overstated. Some people really need to understand this. Read the facts, understand the issues and form an opinion based on cold objective truths, not on some kind of emotional response to a corporate entity that doesn't care about you except for what's in your pocket.

 

[mccldwll]

She also added that Apple's requests for sanctions, based on Quinn's purported jury tampering, is a request "frivolous at every level". How do all those criticizing Quinn feel about them Apples?

No. Koh never said anything of the kind. Did you really confuse Quinn's bloviating with Koh's ruling, or are you intentionally misrepresenting facts?

 

[bbplayer5]

Apple is the king at taking designs and making them better. Samsung does it, and WAAAAAAAAAAAAAAAAAAbulance time. Samsung made a far superior phone to any iPhone and Apple is feeling the heat. The Gestapo crap needs to stop. Either innovate and stop putting out crap upgrades, or get out of the phone business.

 

[kdarling]

Apple v Samsung Court Documents

Actually we know a great deal, because the judge made sure that all the major documents were publicly available.

...snip...

The Northern District of California Court website even has a page dedicated to Apple v Samsung to make it easier for the press.

And here is the motherlode:

1500+ filings in the Apple v Samsung case

Warning: huge list.

Most are motions to do things like exclude someone's testimony, but there are also witness lists, etc. If anyone finds something important in the middle of all that, please post the index number for the rest of us. Thanks!

Also of interest: apparently each side is limited to 25 hours of arguments, and no more than 125 exhibits.

 

[Rogifan]

No. Koh never said anything of the kind. Did you really confuse Quinn's bloviating with Koh's ruling, or are you intentionally misrepresenting facts?

A lot of Samsung astroturfing going on these days. I wouldn't be surprised if what Samsung did was intentional so they could leak it to the press and play the aggrieved party. They want the public to believe Apple is the big bully and the judge is biased in Apple's favor.

 

[KnightWRX]

A lot of Samsung astroturfing going on these days.

I have seen no Samsung astroturfing. Can you point to the forum posters that are newly registered and posting pro Samsung posts only to disappear after 3-4 posts ?

That's what astroturfing is.

 

[mccldwll]

Come on.. Even cars look quite similar sometimes when it comes to the curves and designs. Why not in the 1980s, Toyota, Mistubishi, Nissan and Honda sue each other for looking exactly like one another?

Apple should stop being a cry baby and start serving flash for example."

 

[kdarling]

@kdarling : not sure, have they asserted D889 against Samsung for tablets ?

Document 1342 appears to summarize Apple's trade dress claims. At the end, it states:

The Original iPhone Trade Dress, the trade dress shown in the Trade Dress Registrations, and the trademarks shown in U.S. Registration Nos. 3,886,196, 3,889,642, 3,886,200, 3,889,685, and 3,886,169 have been in use in commerce since June 29, 2007;

the iPhone 3G Trade Dress has been in use since July 11, 2008; the iPhone 4 Trade Dress has been in use since June 24, 2010; and the iPhone Trade Dress has been in use since June 29, 2007.

The iPad Trade Dress and the trade dress shown in U.S. Application Serial Nos. 77/921,838, 77/921,829, and 77/921,869 have been in use since April 3, 2010, and the iPad 2 Trade Dress has been in use since March 11, 2011.

The trade dress shown in the Trade Dress Registrations has been in use since June 29, 2007. The trade dress shown in U.S. Application Serial No. 85/299,118 has been in use since June 24, 2010.

The trademark shown in U.S. Registration No. 3,886,197 has been in use since June 19, 2009.

The Purple iTunes Store Trademark has been in use since June 2008. The iTunes Eighth Note and CD Design Trademark has been in use since January 9, 2001.

Ugh. Boring So I'll repost something more interesting: Apple's basic Trade Dress claims for the iPhone:

iPhone Trade Dress

27. The iPhone is radically different from the devices that preceded it. It has a distinctive shape and appearance—a flat rectangular shape with rounded corners, a metallic edge, a large display screen bordered at the top and bottom with substantial black segments, and a selection of colorful square icons with rounded corners that mirror the rounded corners of the iPhone itself, and which are the embodiment of Apple’s innovative iPhone user interface.

As shown below, the end result is an elegant product that is more accessible, easier to use, and much less technically intimidating than previously available smart phones and PDAs. The iPhone product design immediately became closely associated with Apple.

28. Each of these elements of the iPhone product configuration is distinctive and serves to identify Apple as the source of the iPhone products. Moreover, none of these elements is functional.

- Apple claims

 

[uknowimright]

http://news.cnet.com/8301-13579_3-57486048-37/apple-to-samsung-dont-reveal-ipad-iphone-sales-data/

guess they can't really show that Samsung is eating into their profits

(disclaimer: I didn't see a source for this info so not sure where it came from, think the blogger saw the actual court filing)

 

[kdarling]

A lot of Samsung astroturfing going on these days. I wouldn't be surprised if what Samsung did was intentional so they could leak it to the press and play the aggrieved party. They want the public to believe Apple is the big bully and the judge is biased in Apple's favor.

Of course Samsung pointed out the documents in order to get public support.

Apple does the same thing with their press releases constantly claiming that Samsung is copying them. (Those releases are what recently got them in trouble in the UK with a different judge.)

Neither one is "astroturfing", since it's the companies themselves, not a bunch of fake protesters.

 

[KnightWRX]

http://news.cnet.com/8301-13579_3-57486048-37/apple-to-samsung-dont-reveal-ipad-iphone-sales-data/

guess they can't really show that Samsung is eating into their profits

(disclaimer: I didn't see a source for this info so not sure where it came from, think the blogger saw the actual court filing)

Judge Koh has been clear she wants this case to be public. It will be interesting to see if she denies this, and if she does, I think we can put to rest any claims that she's biased towards Apple and against Samsung.

 

[mccldwll]

Don't quote deleted posts, mods don't like that.



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It hadn't been deleted when I originally posted. I edited mine to reflect the deletion.

 

[samcraig]

This is getting interesting...

http://news.cnet.com/8301-13579_3-57486048-37/apple-to-samsung-dont-reveal-ipad-iphone-sales-data/

I wonder what is (or is not) in these documents that Apple is so concerned about. I mean - in comparison to what is stated at the Quarterly and Annual reports. The buyer survey is definitely interesting.

The other interesting thing is Apple's well known guard for secrecy. I wonder how well they considered what all these lawsuits would do and their ability to keep their secrets.

Maybe the documents are harmless. But it is intriguing...