News tagged ‘sed’
According to Reuters, on Tuesday the first-instance court for all French patent litigation ruled against Samsung's request for a preliminary injunction against the iPhone 4S because the court found that Samsung's arguments against the iPhone 4S, so-called FRAND patents, were exhausted. That means that the South Korean company's use of 3G-essential patents against Apple will see worldwide failure.
"The court furthermore held that Samsung's request for an injunction was "disproportionate" and stated that this fact was apparent, without citing particular reasons for this finding," Reuters says. "Some of what the French ruling says indicates that Samsung's use of 3G-essential patents is going to fail everywhere at least as far as the iPhone 4S is concerned."
The French judge who rejected to issue the ban on Apple’s iPhone 4S made clear that Samsung was mishandling its FRAND obligations, noting that a holder of standards-essential patents is not allowed to capitalize on its "necessarily dominant position." "The French ruling makes it clear that there's every indication that Samsung's patent rights are exhausted and Apple is, therefore, effectively licensed," Reuters writes.
Now Apple and Samsung's global disputes over patent infringements have seen more than 30 filings in at least 12 courts in 9 countries that span over 4 continents. And it seems that the battle is far from the end, because patent cases are complex, and courts prefer not to make such decisions on the fast track.
UBS (Investment Firm) analyst Maynard Um now believes Apple will sell as many as 30 million iPhones in the December quarter, up from a previous estimate of 28 million. The firm changed its expectations for the iPhone sales because of AT&T's announcement that it expects its best smartphone quarter ever thanks to the iPhone 4S.
The firm didn’t change its predictions for the iPad. It still expects that Apple will sell 12 million units in the fourth quarter of 2012 and may achieve 13 million iPads because of seasonal boost during the holidays. UBS numbers are quite conservative due to its belief that "there might be a slight shift in consumer preference to the company's Macbook computers." Um said customers may not be able to buy multiple Apple products simultaneously and could instead elect to purchase larger ticket items with more functionality.
In light of the expected iPhone upside, UBS raised its revenue estimates to $38.5 billion, up from $37.2 billion. The firm now expects earnings per share to reach $9.90, compared to a previous projection of $9.47. For fiscal 2012, Um sees Apple bringing in $142.7 billion in revenue and $35.83 EPS.
Apple has reportedly submitted revised plans for their so-called "Spaceship" campus. The company plans to break ground on the project next year and open the facility in 2015. This mega-campus in Cupertino, Calif., is expected to provide Apple with approximately 2.8 million square feet for up to 13,000 employees. Late Apple co-founder Steve Jobs personally presented the original plans for the campus to the City of Cupertino in June. Following Jobs' presentation, city officials quickly voiced support for the project. Jobs described it as follows:
It's a pretty amazing building. It's a little like a spaceship landed. It's got this gorgeous courtyard in the middle... It's a circle. It's curved all the way around. If you build things, this is not the cheapest way to build something. There is not a straight piece of glass in this building. It's all curved. We've used our experience making retail buildings all over the world now, and we know how to make the biggest pieces of glass in the world for architectural use. And, we want to make the glass specifically for this building here. We can make it curve all the way around the building... It's pretty cool.
The City of Cupertino posted an update to the company's "Apple Campus 2 Project" on Tuesday evening. Though most of the new renderings are higher-quality versions of the original design, some of the images show a darker color for the structure's roof. Other changes include addition of parking plans, drawings for a private jogging path and a proposed expansion of the corporate fitness center from the original proposal of 25,000 square feet to 45,000 square feet.
In October Taiwan-based company Proview Electronics charged Apple with trademark infringement related to the “iPad” name and the chairman promised to bring a legal action against Apple for damages in both China and US. Apple quietly acquired the global rights to the iPad trademark and also filed a suit to obtain the rights in China that apparently were not covered by the agreement. According to Reuter’s
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Early today, we have reported that the U.S. judge declined to issue a preliminary injunction barring Samsung from selling several of its Galaxy smartphone and tablet devices in the United States. We have also mentioned the court order that had been redacted and which revealed that Apple had licensed one specific iOS interface patent to both Nokia and IBM. Now Reuters reports how this court order came to light.
In her 65-page ruling denying Apple's request for a preliminary injunction against Samsung, Koh attempted to redact nearly two dozen sentences or short fragments. But because of a formatting characteristic in the prior electronic version, the redacted material can be viewed by copying text from the PDF and pasting it into another document.
In the court order Koh cites as part of her rationale Apple's admission that Samsung is more likely to take market share from other Android manufacturers than it is from Apple.
Late last week, a U.S. judge Lucy Koh declined to award a preliminary injunction over Galaxy line of smartphones and tablets in the United States. The Judge admitted that Samsung infringed some of Apple's patents, but she declined to issue a ban, because of a lack of evidences.
In her ruling, Koh wrote that for some of the smartphones, "Apple has established a likelihood of success on the merits at trial."
Koh added that Apple would likely prove Samsung infringed one of its tablet patents. However, Apple had not shown that it was likely to overcome Samsung's challenges to the patent's validity, Koh wrote.
Apple must demonstrate both infringement and validity to succeed in its lawsuit.
Interestingly, Apple has licensed to third parties one key iOS patent covering the "scrollback" feature displaying the linen texture when elastically scrolling beyond the end of a document or webpage. Licenses for the patent were obtained by Nokia and IBM, and Apple offered a license to Samsung.
Apple asserted this patent against Samsung as part of its failed attempt to get an injunction against Galaxy devices, and the court order denying the injunction includes general discussion of how past licensing behavior affects the decision of whether or not to grant an injunction. The discussion is nestled among two redacted statements shown to The Verge that confirm the '381 patent was licensed to IBM and Nokia, and that Apple offered a license to Samsung in November of 2010 as part of settlement negotiations.
The fact that Apple has been willing to gain profit from a license offered to other companies undermines its argument that it is being irreparably harmed by Samsung's alleged infringement.
Comparison of iPad and Galaxy Tab profiles
The Verge reports that Apple offered an alterative design for Samsung’s Galaxy Tab 10.1 in its July court case seeking a sales ban of the Galaxy Tab 10.1. Apple gave Samsung a list of tweaks that would allow the company to differentiate the two tablets (iPad and Galaxy Tab) and start selling Samsung’s Galaxy Tab not violating Apple’s patents.
The Korean electronics company argued that the patents Apple is using against the Galaxy Tab were based on functionality, and are thus required by all smartphones and tablet computers as part of a basic utilitarian design that is why Samsung had to use the design elements in question. But Apple believes that Samsung could use other options and that the Korean company purposely violated standing patents. To prove its point, Apple generated a list of possible alternatives that included:
- A front surface that is not black.
- A shape that is not rectangular.
- No rounded corners.
- A front surface that is not flat.
- Varying Bezel size.
- A device that is not thin.
- A cluttered appearance.
In response, Samsung slightly changes design of its tablet and rebranded it the Galaxy Tab 10.1. However, Apple did not find these changes sufficient to warrant the lifting of the injunction.
Research firm ChangeWave released on Thursday results of an early November survey of iPhone 4S owners that shows that 77 percent of respondents indicated they are "very satisfied" with their iPhone 4S, another 19 percent said they are "somewhat satisfied," while j 2 percent fell into the "unsatisfied" category. After launch of the iPhone 4, 72 percent of Apple customers were "very satisfied" with their purchase, and 21 percent were "somewhat satisfied."
ChangeWave also asked customers what their favorite specific features of the iPhone 4S are. Siri topped the list of most-liked features on the iPhone 4S, with nearly half of survey respondents citing it. Second place was ease of use with 39 percent, and the new 8-megapixel camera took third with 33 percent. Faster Web browsing was the fourth most popular feature at 24 percent, the high-resolution Retina Display took fifth with 23 percent, and iCloud service was in sixth with 19 percent.
During the last several days, there have been many reports on the findings of
Though Piper Jaffray analyst Gene Munster does not have specific knowledge of Apple's ultimate plans for its television set, he has expressed his ideas about what Apple will do with its rumored product that may be launched in the second half of next year. Among Munster's predictions:
- Full-fledged television set. Apple’s television set will be an all-in-one solution, but most users won’t be able to use cable or satellite channels, because Apple does not offer a full suite of television content offerings. Instead, the Apple’s TV will serve as a user interface that still uses the standard signal from a cable box.
- Range of sizes and twice current pricing. Apple’s television set will be introduced in a range of sizes. Munster suggest that Apple’ TV will have price that will be approximately twice higher than the prevailing market price of similarly-sized televisions.
- Simplicity and Apple's ecosystem. Apple television will integrate with iOS devices and Apple's content ecosystem for video, games, and apps. The TV will have a traditional remote control, but also iPad and iPhone apps for controlling the set's features, as well as Siri voice control to simplify interaction with television sets.
According to findings released on Tuesday by Nielsen, Apple remained the largest smartphone manufacture in the Unites States in the third quarter. While smartphones sales continue to grow in the U.S., accounting for 56 percent of all cellphone sales in the prior quarter, Apple’s market share has reached 30%. Apple's third quarter performance was followed by HTC with a 20.3% share.
As for mobile platforms, Android and iOS dominate with a 71.1% share, holding 42.8% and 28.3% respectively. About a half of all mobile users in the United States owns a smartphone. During the prior quarter 56% of all handsets purchases were smartphones. The third place still belongs to RIM's BlackBerry platform with 17.8% that was followed by Microsoft's Windows Mobile platform, HP's Palm/webOS, Symbian and the fledgling Windows Phone.
App downloads in the third quarter saw that Google and Apple have the largest share. 83% of all downloads were made through Android and iOS devices. But Google has recently expressed dissatisfaction by the situation with app downloads, and hinted at upcoming changes that would bring its online store more in line with Apple's.
Sydney Morning Herald reports that an Australian court has overturned a preliminary injunction against Samsung's Galaxy Tab 10.1. Apple was able to extend the ban until Friday at 4pm while it prepares for an appeal to the High Court.
The full bench of the Federal Court - Justices John Dowsett, Lindsay Foster and David Yates - today unanimously reversed a Federal Court judge's ruling last month that Samsung's Galaxy Tab 10.1 be banned from sale in Australia.
"Samsung will be permitted to launch the Galaxy Tab 10.1 in Australia provided it keeps accounts of all transactions involving that device in Australia," the judges wrote in their judgment.
The original ruling came last month from Justice Annabelle Bennett. Following the initial injunction, Samsung was quick to appeal the decision in hopes of releasing the device in time for the valuable Christmas shopping season. Samsung lawyer Neil Young said in October that the Galaxy Tab 10.1 would be "dead" if it was delayed past Christmas.
Galaxy Tab 10.1N (top) vs. Galaxy Tab 10.1 (bottom)
Apple has reportedly filed a request for a preliminary injunction to prevent sales of the revised Galaxy Tab 10.1N, a design-tweaked variant of the original Galaxy Tab 10.1, in Germany. Samsung launched Galaxy Tab 10.1N last month in attempt to deal with the ban on Galaxy tab 10.1 sales in the country.
Apple has requested a preliminary injunction, and the Duesseldorf regional court has scheduled a hearing on the matter on Dec. 22, a spokesman for the court told Dow Jones Newswires on Tuesday.
The move has no effect on sales and distribution of the product, Samsung said in an emailed statement, while Apple repeated earlier comments that it intends to protect its intellectual property.
Apple clearly believes that slight changes in design of the Galaxy Tab 10.1 are not sufficient to overcome the ruling that the Galaxy Tab design is almost similar to the design of the Apple’s iPad, and that is why Apple has decided to claim a new injunction.
Samsung's attorney Neil Young claims that Australian judge Annabelle Bennett was wrong in granting Apple a temporary injunction against the Galaxy Tab. He stated at an appeal hearing that she made a series of errors and did not understand key elements of the case. The judge issued the ban on the basis of just two of the patents, but Apple’s claims are based on 13 company’s patent infringements. So the judge decided that they were enough to warrant a temporary sales ban until the full case will be solved. However, Samsung may lose their customers during the holiday sales season at least in Australia.
As far as we know, Apple is also suing Samsung in California and in some other countries. A separate injunction on sales was won by Apple in Germany. Rather curious incident occurred in the US court. A judge, who held Samsung’s Galaxy Tab and Apple's iPad in the air, asked Samsung's attorneys to identify which one is made by Samsung. Surprisingly, the attorney preferred to evade a question.
Of course, Apple's attorney Stephen Burley does not agree with Samsung's attorney. He believes that Bennett reviewed the infringement case in a detailed fashion. Moreover, he claims that Apple had good chances to win infringement.
We have already found two new iPads and the next-generation Apple TV codenames tonight. Now we are are ready to something big. Here is, perhaps, the most important find of all: iPhone 5,1. That's right, the next version of the iPhone is has been found in iOS 5.1 internals.
This codename also tells us that iPhone 5 would be a major update. New 4,x model would represent minor changes. For example, the iPhone 3G went from the original iPhone 1,1 to 1,2 because there were no internal speed and performance enhancements, just 3G and a GPS.
The jump from 4,1 to 5,1 represents major changes, both internal and external. This means the iPhone 5/6 will have a brand-new processor, probably A6. Rumored additions for externals are a 4 inch display and a new aluminum casing. Since Apple just released the iPhone 4S in October 2011, we should not expect iPhone 5 anytime soon. New iPhone will come next October or maybe in the summer. With the 5,1 reference appearing this early, we like to think the latter.