Posts Tagged ‘ruling’
An additional Legal Blow For Apple As Dutch Court Concurs With U.K. Ruling That Samsung Galaxy Tablets Do Not Infringe iPad’s Design
Author: Matthew Baker
Apple ’ s court room skirmishes against its Android OEM adversary top Samsung have actually not been going extremely well lately, despite Cupertino ’ s huge $ 1bn + loss win against Samsung last summer. Today another legal blow for Cupertino: a Dutch area court has actually ruled that Samsung ’ s Galaxy tablets do not borrow Apple design patents.
The most recent Apple vs Samsung court ruling worries the rounded edges of Samsung ’ s Galaxy Tab 10.1, Galaxy Tab 8.9 and Galaxy Tab 7.7 tablets — which Apple had said borrow the design of the iPad. The Dutch court rejected Apple ’ s argument — saying there is “ no question of an infringement ” — and citing previous comparable choices in U.K. courts.
A notice on its website (translated from Dutch with Google Translate) checks out:
Today the Hague area court judgment in a case of Samsung against Apple. At issue in this case is whether the design of some of Samsung Galaxy tablets borrow a design right from Apple. The court thinks that there is no question of a violation. The court describes British law which the court already had actually discovered the same 2 circumstances on the same violation question. While it may appear sensible to conclude that all these court misses are collecting to weigh down Apple ’ s total legal hopes against Samsung — Reuters notes that the pair are taken part in patent litigation in at least 10 nations — the reason for the
Dutch court falling in line with the U.K. ruling comes down to this case being concentrated on a design/IP patent, as opposed to a technical patent. According to the FOSS Patents blog site, design/IP patents are presently based on EU-level law, whereas technical patents are adjudicated on a country-by-country basis. ” It would have taken some extraordinary situations for the Dutch court to disagree with the UK court, ” the blog site notes. Samsung offered the following statement commenting on the Dutch court ruling: We welcome the court’s decision, which declared
decisions made by courts in various other countries that our Galaxy Tab items do not borrow Apple’s registered design right. We continue to think that Apple was not the initial to make a tablet with an oblong shape and rounded edges and that the origins of Apple’s registered design functions can be found in numerous examples of prior art. Must Apple remain to make extreme legal cases based on such common designs, development in the industry
can be damaged and consumer option unduly restricted. At the time of composing Apple had not
reacted to a request for remark. Last October Apple lost an appeal in a U.K. High Court against a tablet design patent judgement that had actually found in Samsung ’ s favor. The U.K. court additionally ruled that Samsung ’ s Galaxy Tab did not borrow the iPad ’ s design (the judge in the original trial really stated Samsung ’ s tablet was ‘ not cool enough ’ to infringe Apple ’ s design). Because circumstances the court purchased Apple to release an acknowledgement of the judgement on its website and run ads in paper-based media.
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Another Legal Blow For Apple As Dutch Court Concurs With U.K. Ruling That Samsung Galaxy Tablets Do Not Infringe iPad’s Design
Author: Tech Blogger
Apple’s courtroom skirmishes against its Android OEM enemy number one Samsung have not been going very well of late, despite Cupertino’s big $ 1bn+ damages win against Samsung last summer. Today another legal blow for Cupertino: a Dutch district court has ruled that Samsung’s Galaxy tablets do not infringe Apple design patents.
The latest Apple vs Samsung court ruling concerns the rounded corners of Samsung’s Galaxy Tab 10.1, Galaxy Tab 8.9 and Galaxy Tab 7.7 tablets — which Apple had argued infringe the design of the iPad. The Dutch court rejected Apple’s argument — saying there is “no question of an infringement” — and citing previous similar decisions in U.K. courts.
A notice on its website (translated from Dutch with Google Translate) reads:
Today the Hague district court judgment in a case of Samsung against Apple. At issue in this case is whether the design of some of Samsung Galaxy tablets infringe a design right from Apple. The court believes that there is no question of an infringement.
The court refers to British law which the court already had found the same two instances on the same infringement question.
While it might seem logical to conclude that all these court misses are accumulating to weigh down Apple’s overall legal hopes against Samsung — Reuters notes that the pair are engaged in patent litigation in at least 10 countries — the reason for the Dutch court falling in line with the U.K. ruling comes down to this case being focused on a design/IP patent, rather than a technical patent.
According to the FOSS Patents blog, design/IP patents are currently subject to EU-level law, whereas technical patents are adjudicated on a country-by-country basis. ”It would have taken some exceptional circumstances for the Dutch court to disagree with the UK court,” the blog notes.
Samsung provided the following statement commenting on the Dutch court ruling:
We welcome the court’s decision, which reaffirmed decisions made by courts in other countries that our Galaxy Tab products do not infringe Apple’s registered design right. We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners and that the origins of Apple’s registered design features can be found in numerous examples of prior art. Should Apple continue to make excessive legal claims based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited.
At the time of writing Apple had not responded to a request for comment.
Last October Apple lost an appeal in a U.K. High Court against a tablet design patent judgement that had found in Samsung’s favour. The U.K. court also ruled that Samsung’s Galaxy Tab did not infringe the iPad’s design (the judge in the original trial actually said Samsung’s tablet was ‘not cool enough’ to infringe Apple’s design). In that instance the court ordered Apple to publish an acknowledgement of the judgement on its website and run ads in paper-based media.
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Following The Letter Of The Law: Apple Publishes Non-Apology To Samsung On Its Website To Comply With U.K. Court Ruling
Author: Markus Smith
After losing an appeal in a UK high court last week against a judgement that Samsung ’ s Galaxy Tab tablets do not infringe the design of the iPad due to the fact that their design is simply not cool enough, Apple has now published an acknowledgement of the court ’ s judgement on its U.K. internet site — in line with the court order. You could ’ t call it an apology — fairly the reverse: Apple makes it clear it does not agree with the court ’ s decision by pointing out that it has had court wins against Samsung for the exact same design patent in Germany, and noting its huge win against the Korean device maker in the U.S this summer.
Apple also concentrates on the judge ’ s explanations for dismissing its patent claim — quotationing the judge ’ s detailed ruling on exactly what makes the iPad ’ s design so much cooler than the Galaxy Tab, in which he talks practically lovingly of the “ extreme simpleness ” of the iPad ’ s design; its “ undecorated areas ”; “ crisp edge ” and “ combination of curves ”.
Apple then contrasts that with what the judge had to say about the Galaxy Tab: “ extremely thin, virtually insubstantial ” with “ uncommon information on the back ” — and the conclusion: “ not cool ”.
Here ’ s Apple ’ s acknowledgment in full
Samsung / Apple UK judgment
On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do notinfringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the Highcourt is readily available on the following link www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html. In theruling, the judge made a number of crucial points contrasting the designs
of the Apple and Samsung products: “ The harsh simpleness of the Apple design is striking. Total it
has undecorated flat areas with a plate of glass on the front all the method out to an extremely thin rim and a blank back. There is a crisp edge around the rim and a combo of curves, both at the corners and the sides. The design appears like an item the informed individual would wish to pick up and hold. It is an understated, smooth and straightforward product. It is a cool design. ” “ The notified individual ’ s overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the household which includes the Apple design; however the Samsung items are really thin, almost insubstantial users of that family with uncommon information on the back. They do not have actually the same understated and extreme simpleness which is possessed by the Apple design. They are not as cool. ” That Judgment has impact throughout the European Union and was upheld by the Court of Appeal on 18 October 2012. A copy of the Court of Appeal’s judgment is offered on the following link www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the registered design in force anywhere in Europe. Nevertheless, in a case tried in Germany concerning the same patent, the court discovered that Samsung engaged in unjust competition by copying the iPad design. A UNITED STATE jury additionally located Samsung guilty of borrowing on Apple ’ s design and utility patents
, awarding over one billion USA bucks in damages to Apple Inc. So while the U.K. court did not discover Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple ’ s far more popular iPad. The acknowledgement has actually not been released on the homepage of Apple ’ s U.K. site but there is a link to it — right at the bottom of the web page, next to the notification about Apple ’ s use of cookies In addition to the online acknowledgement of the court ’ s judgment, Apple is needed to release an acknowledgment as adverts in U.K. newspapers.
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Apple Vs Samsung: U.K. Appeal Court Upholds ‘Galaxy Tab Not Cool Enough To Copy iPad’ Ruling
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Apple has lost an appeal against a ruling in a U.K. High Court that Samsung ’ s Galaxy Tab does not infringe the iPad ’ s design. The initial ruling by Judge Colin Birss said Samsung ’ s tablets were not cool enough to be confused with Apple ’ s since they did not have the “ extreme simpleness ” of the iPad. That ruling has now been supported by the Court of Appeal.
The original ruling additionally specified that Apple should run adverts on its web site and in newspaper saying Samsung did not copy the iPad. Reuters reports that the Court of Appeal ’ s Judge Kitchin said today the notices have to be in a font size no smaller sized than Ariel 14.
Samsung provided the following declaration
We welcome the court’s judgment, which reaffirmed our position that our GALAXY Tab items do not infringe Apple’s registered design right. We continue to believe that Apple was not the first to create a tablet with a rectangular design and rounded corners and that the origins of Apple’s registered design attributes could be discovered in various examples of previous art. Should Apple continue to make excessive legal claims in other nations based on such common designs, advancement in the sector could possibly be harmed and consumer option unduly restricted.
We ’ ve additionally reached out to Apple for comment and will certainly update with any sort of response.the business stated it has no remark on the court ’ s choice.
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Editorial: Engadget on the Apple vs. Samsung ruling
Author: Dave Adams
It’s done. It’s all over. There’s nothing left now but the tears, the huge checks– and the appeals. After weeks of laborious considerations and no shortage of courtroom antics the jury has released its verdict and, while it isn’t really a total triumph for Apple, it’s most certainly a loss for Samsung. Naturally, we have some ideas on the subject. Join us after the break as we show our feelings.
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Jury awards Apple $1.05 billion in Samsung patent dispute ruling
Author: Jon Mitchell
In a site ruling in the Apple vs. Samsung patent trial, the jury has actually just awarded loss to Apple for Samsung’s violation of its various software application, hardware design patents, and trade-dress dilution. For its numerous violations, Samsung needs to pay Apple $ 1,051,855,000 in damages, the jury determined.
The jury was tasked with examining each patent, designating a cumulative buck amount to over 700 patent-specific questions. The jury returned a verdict after merely 2 days of consideration.
Developing. Follow our full live insurance coverage of the case here.
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Swiss Federal Supreme Court relaxes Google Street View anonymity ruling
Author: Janet Odell
Google’s international privacy issues were lightened a little yesterday when the Swiss Federal Supreme Court reversed a lower court’s decision that Google Street View images must be completely anonymous. The ruling recognized that the lower court’s order was unrealistic, and said that “it must be accepted that up to a maximum of one percent of the images uploaded are insufficiently anonymized.” Google had previously stated that its software could blur 98-99 percent of images automatically.
While the court won’t require Google to maintain complete anonymity across the board, it also ruled that the search giant must make it easier for people to have their images manually blurred and, in certain sensitive areas, must ensure complete…
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Swiss court eases up on Street View privacy concerns, Google says it’s pleased with the ruling
Author: Trixi Anderson
It’s no secret Google’s been involved in a few privacy-related kerfuffles around the globe, but some would say those are just the burdens attached to being one of the big-guns in the industry. Still, Big G can go home to Mountain View a happy camper today, as the Swiss Federal Tribunal has decided to ease up on the company’s usage of its Street View technology in the country. Per the ruling, however, Google will have to make adjustments to its viewing methods, things like making it easier for folks to manually blur images available on Street View, and full anonymity around hospitals, schools, prisons and courts. Naturally, Google says it’s quite pleased with the outcome and that it plans to “look at the ruling closely, discuss it with the federal data protection commissioner and examine what options are available.”
Swiss court eases up on Street View privacy concerns, Google says it’s pleased with the ruling originally appeared on Engadget on Fri, 08 Jun 2012 23:57:00 EDT. Please see our terms for use of feeds.
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Judge denies Oracle’s motion for ruling on fair use, leaves Google with just one count of infringement
Author: William Miller
Following the jury’s inability to decide on the issue of fair use in the Oracle v. Google trial, Oracle asked the judge to rule on the issue as a matter of law (JMOL). Both sides engaged in oral arguments, but Judge William Alsup surprised us with an early decision, denying Oracle’s request, saying that “it wouldn’t be fair” given the evidence introduced in the trial.
During the conversations, it was clear that Alsup wasn’t inclined to side with Oracle here, noting that Oracle’s legal team had initially insisted on a jury trial, and that “now we got their verdict and you want something else.” As for what’s next, there’s still much on the copyright side to be decided. Alsup has yet to rule on Google’s motion for a mistrial — something…
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DJI multi-rotor aircraft with Ruling live video feed controller hands-on (video)
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Well that’s a mouthful. Shenzhen-based DJI Innovations was on hand at NAB today to demonstrate its new hex-rotor aircraft, designed to provide photographers (and videographers) with a low-cost tool for capturing aerial images. The vehicle we saw today, coined Spreading Wings S800 (its rotors retract for storage) is a fairly straightforward multi-rotor aircraft, save for a couple pretty slick enhancements. Even more impressive, however, was DJI’s Ruling, a “ground control terminal” that enables you to adjust not only aircraft direction and elevation, but also the camera position, complete with a live video feed as captured by a Sony NEX-5N mounted on a multi-axis camera gimbal. The camera mount is designed to maintain a stable image regardless of the craft’s position — once it’s fixed on a subject, it will adjust to retain the pre-selected angle.
The Ruling controller is very much still a prototype, with a yet-unpolished military green plastic housing and a built-in LCD. There’s also dual joysticks — one on the left to adjust the camera platform, and a second on the right to control the aircraft itself, letting you climb, descend and turn in every which way with a flick. The duo was very responsive during a brief demonstration, making calculated movements with what looked to be precise accuracy. The video feed was interrupted slightly by the multitude of wireless connections littering the Las Vegas Convention Center airwaves, but reps were still able to verify framing and adjust position — the aircraft itself never faltered, with a maximum range of 10 kilometers (5km for the video feed, in ideal conditions). The Spreading Wings S800 is available for pre-order now and is expected to ship next month for roughly $ 8,500. That clever live video controller will cost you another pretty penny, however, with an estimated $ 5,000 price tag and a TBD ship date. You’ll want to take a closer look in the video after the break.
Continue reading DJI multi-rotor aircraft with Ruling live video feed controller hands-on (video)
DJI multi-rotor aircraft with Ruling live video feed controller hands-on (video) originally appeared on Engadget on Mon, 16 Apr 2012 19:45:00 EDT. Please see our terms for use of feeds.
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