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4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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CNET › Mobile › Samsung kicks off infringement case against Apple with FaceTime claim
by Shara Tibken @sharatibken / April 21, 2014 2:50 PM PDT
/ Updated: April 21, 2014 4:35 PM PDT
Samsung kicks offinfringement case againstApple with FaceTimeclaimAfter defending itself against claims that it violated Apple's
patents for the iPhone, the Korean electronics maker accused
its smartphone rival of violating two Samsung patents. DON'T MISS /
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4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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Apple and Samsung are battling in court over patents.CNET
SAN JOSE, Calif. -- Samsung on Monday kicked off its patent infringement suit
against Apple, presenting evidence and testimony to argue the iPhone maker
copied two of its patents.
The Korean electronics maker rested its defense against Apple shortly before 2
p.m. PT Monday before starting arguments for its own claims.
Samsung's first witness in its offense, Michael Freeman, testified about the creation
of the '239 patent for video transmission. Freeman said he and his family invented
the technology in the early 1990s and received a patent in 1994. They sold the
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4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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patent and another to Samsung in October 2011 for $2.3 million.
Dan Schonfeld, a professor of computer science at the University of Illinois at
Chicago, then testified that Apple infringed the '239 patent in its iPhone through the
use of FaceTime and a feature for attaching video to messages and mail.
Ken Parulski, another expert who was part of the Kodak team that developed the
world's first color digital camera, testified that Apple infringed another Samsung
patent for organizing video and photos in folders.
"This is a fundamental invention that's widely used today," he said.
Almost two years after Apple and Samsung faced
off in a messy patent dispute, the smartphone and
tablet rivals have returned to the same San Jose,
Calif., courtroom to argue once again over patents
before Federal Judge Lucy Koh. Apple is arguing
that Samsung infringed on five of its patents for the
iPhone, its biggest moneymaker, and that Apple is
due $2 billion for that infringement. Samsung
wants about $7 million from Apple for infringing
two of its software patents.
While the companies are asking for damages, the
case is about more than money. What's really at
stake is the market for mobile devices. Apple now
gets two-thirds of its sales from the iPhone and
iPad; South Korea-based Samsung is the world's
largest maker of smartphones; and both want to
keep dominating the market. So far, Apple is
ahead when it comes to litigation in the US.
Samsung has been ordered to pay the company
Apple v. Samsung: All you
need to know about latest
patent trial (FAQ)
Tech novices set to
determine the fate of Apple
v. Samsung
Apple: Samsung patent
case is not about Google
Apple: Samsung purposely
copied iPhone after
suffering ‘crisis of design’
Apple expert: iPhone-like
features boosted Samsung
phone sales
Apple: Samsung should
pay us $2.191B for
infringement
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4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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about $930 million in damages.
Most Samsung features that Apple says infringe
are items that are a part of Android, Google's
mobile operating system that powers Samsung's
devices. All patents except one, called "slide to
unlock," are built into Android. Apple has argued
the patent-infringement trial has nothing to do
with Android. However, Samsung argues that Apple's suit is an "attack on Android"
and that Google had invented certain features before Apple patented them.
In the case, Apple and Samsung have accused each other of copying features used
in their popular smartphones and tablets, and the jury will have to decide who
actually infringed and how much money is due. This trial involves different patents
and newer devices than the ones disputed at trial in August 2012 and in a damages
retrial in November 2013. For instance, the new trial involves the iPhone 5,
released in September 2012, and Samsung's Galaxy S3, which also debuted in
2012.
The latest trial kicked off March 31 with jury selection. The following day featured
opening arguments and testimony by Phil Schiller, Apple's head of marketing.
Other witnesses who have testified include Greg Christie, an Apple engineer who
invented the slide-to-unlock iPhone feature; Thomas Deniau, a France-based Apple
engineer who helped develop the company's quick link technology; and Justin
Denison, chief strategy officer of Samsung Telecommunications America.
Denison's testimony came via a deposition video.
Samsung expert witnesses:
Sorry, Apple, there's no
infringement
Samsung expert: Apple
should get only $38.4M for
infringement, not $2.2B
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Apple experts who took the stand over the past few weeks included Andrew
Cockburn, a professor of computer science and software engineering at the
University of Canterbury, New Zealand; Todd Mowry, a professor of computer
science at Carnegie Mellon University; and Alex Snoeren, a professor of computer
science and engineering at the University of California at San Diego.
The crux of Apple's case came with two expert witnesses, John Hauser, the Kirin
professor of marketing at the MIT Sloan School of Management; and Christopher
Vellturo, an economist and principal at consultancy Quantitative Economic
Solutions. Hauser conducted a conjoint study that determined Apple's patented
features made Samsung's devices more appealing, while Vellturo determined the
amount of damages Apple should be due for Samsung's infringement -- $2.191
billion.
Samsung, which launched its defense April 11 after Apple rested its case, called
several Google engineers to the stand to testify about the early days of Android
and technology they created before Apple received its patents. Hiroshi
Lockheimer, Google vice president of engineering for Android, said his company
never copied iPhone features for Android. Other Google Android engineers, Bjorn
Bringert and Dianne Hackborn, also testified about features of the operating
system.
High-ranking Samsung executives, including former Samsung Telecommunications
America CEO Dale Sohn and STA Chief Marketing Officer Todd Pendleton, also
took the stand during the weeks-long trial. The two executives testified about
Samsung's marketing push for the Galaxy S2 and other devices, saying a shift in
the Korean company's sales and marketing efforts -- not copying Apple -- boosted
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its position in the smartphone market.
The past several days of testimony have largely been experts hired by Samsung to
dispute the validity of Apple's patents and to argue that Samsung didn't infringe.
The experts include Martin Rinard, an MIT professor of computer science; Saul
Greenberg, a professor of human computer interaction at the University of Calgary
in Canada; Kevin Jeffay, professor of computer science at the University of North
Carolina, Chapel Hill; and Daniel Wigdor, a computer science professor at the
University of Toronto.
David Reibstein, chaired professor of marketing at
the University of Pennsylvania's Wharton School of
Business, on Friday refuted Apple expert Hauser's
testimony from earlier this month. NYU Stern
School of Business professor Tulin Erdem,
meanwhile, on Friday also testified that she
conducted her own studies, using eye tracking, to
determine what devices consumers would buy.
She concluded that Apple's patented features
didn't boost desire for Samsung's products.
Earlier Monday, Judith Chevalier, a professor of
economics and finance at the Yale University
School of Management who was hired by
Samsung, said her analysis determined that a
reasonable royalty for Samsung's assumed
infringement would be $1.75 per device, or $38.4
million overall. Apple had argued it deserved $40
per device for infringement as well as lost profits
for a total of $2.191 billion.
There are seven patents at issue in the latest case
Samsung: Apple's case 'is
an attack on Android'
Samsung: Apple 'vastly
overstated' scope of
patents
Apple's Phil Schiller:
Samsung's copying makes
people 'question' our
innovation
Apple: Samsung made
'false statements' during
opening argument
Apple rests case vs.
Samsung after expert
makes pitch on damages
Google exec: We never
copied iPhone features for
Android
4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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-- five held by Apple and two by Samsung. Apple
has accused Samsung of infringing US patents
Nos. 5,946,647; 6,847,959; 7,761,414; 8,046,721;
and 8,074,172. All relate to software features, such
as "quick links" for '647, universal search for '959,
background syncing for '414, slide-to-unlock for
'721, and automatic word correction for '172.
Overall, Apple argues that the patents enable ease
of use and make a user interface more engaging.
Samsung, meanwhile, has accused Apple of infringing US patents Nos. 6,226,449
and 5,579,239. The '449 patent, which Samsung purchased from Hitachi, involves
camera and folder organization functionality. The '239 patent, which Samsung also
acquired, covers video transmission functionality and could have implications for
Apple's use of FaceTime.
The Samsung gadgets that Apple says infringe are the Admire, Galaxy Nexus,
Galaxy Note, Galaxy Note 2, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S2
Skyrocket, Galaxy S3, Galaxy Tab 2 10.1, and the Stratosphere. Samsung,
meanwhile, says the iPhone 4, iPhone 4S, iPhone 5, iPad 2, iPad 3, iPad 4, iPad
Mini, iPod Touch (fifth generation) and iPod Touch (fourth generation) all infringe.
The arguments by Apple and Samsung in the latest case should finish by the end of
April. Court will be in session three days each week -- Mondays, Tuesdays, and
Fridays -- though the jury will deliberate every business day until it has reached a
verdict. Closing arguments likely will take place April 28.
As of the end of the day Monday, Apple had five hours and six minutes left to
present its case and defend itself against Samsung's accusation. Samsung had one
hour and two minutes left.
Updated at 4:35 p.m. PT with additional testimony details.
Samsung doc: Beating
Apple was 'survival
strategy'
Samsung expert compares
Apple's patented phone
features to car cup holders
4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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Tags: Mobile
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ABOUT THE AUTHOR
Shara Tibken /
Shara Tibken is a senior writer for CNET focused on Samsung and
Apple. She previously wrote for Dow Jones Newswires and the Wall
Street Journal. She's a native Midwesterner who still prefers "pop" over
"soda." See full bio
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ARTICLE DISCUSSION
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Thick--McRunfast
The problem isn't the patent system, it's our slow judicial system. Patents were added tothe US Constitution by our founding fathers for a reason. If an individual or group inventssomething, they alone deserve to reap the profits for a defined amount of time beforecompetitors should be allowed to clone. If there are no protections, then there are noincentives for the original group or anyone else to invent at all. In our digital age,software patents are as valuable as hardware gadgets. If someone finds an innovativeway to accomplish something using software, it should be exclusive to the inventor.Slide to unlock did not exist before Apple invented it. That is a fact even Samsungconceded in court. It sounds so minor now, but ask yourself, did Apple solve a problemin a novel way? Yes. So much so that others stole it. If it isn't a big deal, as some claim,then don't use it. Come up with something else. In the end, our courts need to be fasterin responding to both the true patent trolls and the infringers. The GS 3 is just now beingdealt with. That hurts American businesses. If foreign companies can steal our IP, andthe courts respond too slowly, we have a huge problem.
REPLY / (2) LIKE
silentbobdrummer
These patents (from all sides) are getting ridiculous...
Since the patent office either doesn't review or doesn't have time to review a lot of these
11 Comments
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4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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4 hours ago
software patents, maybe the courts in these cases should determine whether thesepatents are even valid.
REPLY / (1) LIKE
3 hours agogevalentine
@silentbobdrummer Indeed. That should be the first step in lawsuits involvingsoftware patents these days.
REPLY / LIKE
JayB_07
that's absurd.
REPLY / (1) LIKE
2 hours agoslapppy
Exactly. Samsung Lawyers are grasping at straws with absurb claims andpuppets for expert testimonies. Samsung looks desperate and foolish bringingthis up.
REPLY / (1) LIKE
2 hours agosenuod
@slapppy Apple's claims are just as absurd. Current Patent law has allowed thistype of ridiculousness to thrive.
REPLY / (2) LIKE
2 hours agoslapppy
Prove it. Apple FaceTime works amazingly. Unlike many competing products.It's underlying hood that's makes it all work with a simple tap when it wasintroduced is quite magical. So Samsung has a similar product that worked thesame way prior to FaceTime? Go ahead show us. Again there are plenty ofvideos and documentation available to show Apple FaceTime. Where isSamsungs? Oops not there for Samsung to show! hahaha
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4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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1 hour ago
1 hour ago
senuod
@slapppy I don't have to prove that. That's up to Samsung...and it wasn't mypoint.
Apple's patents for "quick links", "universal search", "background syncing", "slide-to-unlock", and "automatic word correction" are ridiculous patents that shouldhave never been awarded. You may believe Samsung's patents are ridiculousalso, that's fine. Apple MIGHT have an argument with "slide-to-unlock"...all ofthe rest are ridiculous.
Quick links???
Universal Search??? Apple developed universal search?...right
Automatic word correction???....no
I don't hate Apple by any means, I prefer android, but I have plenty of intelligentfriends who prefer Apple. My fiancee has an apple computer. My best friend'sentire family only buy apple products because of the build quality and theconnectivity between devices. However you look at it, current patent law allowsfor frivolous, wholly generic patents to be owned by corporations simply for thepurpose of suing other companies. It's ridiculous. Small companies/firms andApple are the main perpetrators of using patent law to stifle competition andgain profit.
Apple doesn't need to go this route. For people like me, who don't prescribe toa particular platform, it's off-putting. Just build a superior product.
REPLY / (1) LIKE
neo158
@senuod Exactly, just look at Microsoft who has patent deals with companies,including Samsung and, AFAIK, they didn't take any of them to court.
4/21/2014 Samsung kicks off infringement case against Apple with FaceTime claim - CNET
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1 hour ago
48 minutes ago
Regarding ALL of the software patents that Apple have, they have nothing to dowith Samsung seeing as it's GOOGLE Android and not SAMSUNG Android. Asan example Apple state that the Samsung Galaxy Nexus infringes on theirpatents, yet that uses stock Android with no manufacturer skin.
Apple should just grow a pair and go directly after Google if they believeAndroid infringes on their patents.
REPLY / (1) LIKE
dariusthegreat
@slapppy
Yeah Facetime works amazingly well thanks to Samsungs or rather the PatentSamsung bought from Hitatchi. On a more personal note SOME of you Appleloyalists and I stress Some really need to get over yourselves,we are talkingabout a Smartphone and nothing more.If your life is so deeply intertwined withyour Phone you have some real world issues.Advice people have the right tochoose and in this case some choose Apple,Android etc... to be so judgementalof people based on their phone choice simply demonstrates the true shallowcharacter of a person.
REPLY / (1) LIKE
slapppy
Proved my point. All blah blah blah talk from iHaters but can't proveanything...period! lol
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