“Apple Inc. (AAPL) won sanctions against Samsung Electronics Co. for its failure to produce source code in a patent-infringement case in federal court in San Jose, California,” Joel Rosenblatt reports for Bloomberg.
“U.S. Magistrate Judge Paul S. Grewal wrote in his order that Samsung ‘plainly violated’ a court order requiring it to turn over code to Apple, and ruled that Samsung won’t be able to offer evidence in the case about its efforts to ‘design-around’ three patents at issue in the case,” Rosenblatt reports. “In its lawsuit, Apple claims that Samsung’s 4G smartphone and Galaxy Tab 10.1 tablet computer infringe its patents.”
Rosenblatt reports, “Grewal said he focused on Samsung’s so-called design-around source code developed for products with the “specific intent” of avoiding Apple’s patent claims. The ruling targets that code because “by their very nature design-arounds impact key questions of liability, damages, and injunctive relief,” Grewal wrote. ‘They are inevitably designed with substantial input from counsel for the specific purpose of distinguishing other products at issue,’ Grewal wrote. ‘In short, they matter. A lot.'”
Read more in the full article here.
Florian Mueller writes for FOSS Patents, “The implications for Samsung go beyond the upcoming trial. It’s now been identified by the court as a recidivist violator of discovery orders. This will have implications on any decisions on sanctions Apple may have to request in the course of the second litigation between these parties before the same court.”
“Samsung’s actions against Apple appear increasingly desperate. Apple has not yet dealt Samsung a knock-out blow. The drop-out rate of Apple’s claims is very high, but Samsung’s drop-out rate, to date, is 100%, which means that Apple’s victory is only a matter of time. The only way Samsung thinks it can have leverage over Apple (in order to force Cupertino to tolerate Android’s infringement of Apple’s intellectual property) is the abuse of standard-essential patents,” Mueller writes. “The European Commission is formally investigating Samsung’s related conduct. The Commission is another institution that Samsung needs to deal with on more than this one issue. It should think really hard about the strategic implications for its credibility and reputation, looking far beyond the dispute with Apple. Samsung should withdraw all of its requests for injunctive relief based on standard-essential patents on a worldwide basis, and it should comply with the courts’ discovery orders.”
Read more in the full article here.
MacDailyNews Take: Know what else is plain for all to see? Apple’s products came first, then Samsung’s:
I have boycotted Samsung products since they showed they have no ethics and became Blatent Apple copiers. I know they have clearly made a business decicion to just copy literally everything about Apple and reap part of Apples rightful profits. Samsung and Apple have more than 90% of mobile profit. But really it is all from Apples IP. They really are just pirates, and I look forward to Apple helping thier other suppliers get to a point where Apple won’t have to put money in the pirates pocket. Any of you out there with ethics should stop supporting Samsumg. They are scum. And the Korean people should be embarrassed.
Oops, meant to write decision
‘Oops, meant to write decision.’
Did you also mean write ‘blatant’?
Oops again! Can I just blame that on Samsung too?
Does your name stand for No More Microsoft BS? I like it.
Yes, but maybe it is time to change it to nomoregooglebs?
I agree 100% and I also am boycotting Samdung. I hope they get what’s coming to them this is a company with No Honor!
Handwriting is on the wall.
If Samsung is not developing its own smartphone code independent of Android, or buying RIM or something like that, they are in danger of dropping out of sight in the smartphone sphere.
Smartphone players are going to get to only a few members real quick.
I had read that Android 4.0 (Ice Cream Sandwich) is supposed to get Samdung back to a non-infringement status, but I can’t seem to find any more information about this. If so, then Samdung should be trying to convert to ICS as fast as possible.
I guarantee that Samsung is hard at work on a Google-free “Android”, much like Amazon did for its Fire.
Yeah. Gnihihihi and *hysterical snickering’.
Source code never lies.
A TrueBunch of cheating Thieves
THis, more than anything else (so far) is most damning for Samsung. They’re totally fucked now.
Tick tock…I cannot wait
Samsung is stupid. They hope they sold enough ripoffs to have huge profits before the door slams on them. They are hoping for settlement of some little fee to pay off.
Samsungs photocopiers are still in overdrive and they are so desperate they are doing everything they can to keep ahead of and guess what apple will do – especially in the tv market. To whit:
-Apple released appletv 2 based on a4 iPhone guts – rumors spread that this could enable apps. Shortly thereafter Samsung tv’s have apps.
-Apple release iPhone 4s – rumors spread the siri will be the interface for new apple tv set. Other rumors suggest gestures. Just saw an ad for Samsung tv’s with voice control/gesture control.
Apple hasn’t even claimed to be working on a tv set and they are jumping on every rumor! The best part is all of this still sucks because apple hasn’t shown the how to do it RIGHT. If/when they do, samsung will be right there to copy.