Linked by Thom Holwerda on Wed 3rd Oct 2012 13:47 UTC
"Samsung has now filed an unredacted version of its motion for judgment as a matter of law, a new trial, and/or remittitur. That's the one that was originally filed with a redacted section we figured out was about the foreman, Velvin Hogan. The judge ordered it filed unsealed, and so now we get to read all about it. It's pretty shocking to see the full story. I understand now why Samsung tried to seal it. They call Mr. Hogan untruthful in voir dire (and I gather in media interviews too), accuse him of 'implied bias' and of tainting the process by introducing extraneous 'evidence' of his own during jury deliberations, all of which calls, Samsung writes, for an evidentiary hearing and a new trial with an unbiased jury as the cure." It's a treasure trove of courtroom drama, this. Like this one: Hogan got sued by his former employer Seagate in 1993, causing him to go bankrupt. The lawyer in said case is now married to one of the partners of the law firm representing Samsung in this case. Samsung seems to implicitly - and sometimes explicitly - argue that Hogan had a score to settle in this case, because - get this - Samsung has been Seagate's largest shareholder since last year. Hogan failed to disclose the Seagate lawsuit during voire dire, which is a pretty serious matter. No matter whose side you're on, this is John Grisham-worthy.
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RE[9]: Clutching at straws
by TechGeek on Thu 4th Oct 2012 03:29
in reply to "RE[8]: Clutching at straws"
Member since:2006-01-14
1. That is an Apple document, and should be viewed as being written to be in their favor (obviously).
2. That document taken at face value is of little interest without knowing exactly what Apple is offering versus what the want Samsung to give up. Its seems fair on face value, until you consider that most of the IP Samsung holds is hardware based and part of this agreement, and much of what Apple is using to get injunctions is software patents NOT covered in this proposed agreement.
3. Patent law does not set any kind of standard on what FRAND is and specifies that the interested parties work out the details. Samsung does not give up any rights when adding patents to a standard.
4. One proposal that came to light during this trial also had Apple asking more for its patents than even Samsung is asking.
5. The jury found that Apple had NO proof that Samsung was negotiating in bad faith or refusing to negotiate.
Features
Linked by Thom Holwerda on 05/24/13 17:26 UTC
So, the Xbox One disaster continues. Microsoft's policy for dealing with the used games market has reportedly leaked - and it's a clear and direct attack to destroy the used games market. Prices for used games will be set at the retail value of a new game, and retailers have to hook into Microsoft's computer systems and comply with Microsoft's terms and conditions.
Linked by Thom Holwerda on 05/21/13 21:38 UTC
At an event earlier today, Microsoft unveiled the next Xbox - the third model, but confusingly named Xbox One. The big focus was TV, integrated Kinect, and all the other stuff we all expected to be forced down our throats. I think it took them 25 minutes to actually come to what should be the core of the story: gaming. Nothing groundbreaking in the gaming department, except for how Microsoft intends to handle the used games market and borrowing games from friends: pay up, buddy!
Linked by Thom Holwerda on 05/20/13 11:29 UTC
The day has finally come! Jolla has finally announced the launch device for its Sailfish operating system - and by god this is a looker. It's decidedly different from other phones out there, but it has good specifications and carries a relatively reasonably price tag - EUR 399, and it's up for pre-order today, shipping in the fourth quarter of this year.
Linked by Thom Holwerda on 05/18/13 21:33 UTC
Why does Google get so much credit in the technology industry? Why, despite the company's many obvious failings, do many geeks and enthusiasts still hold a somewhat positive view on the all-knowing technology giant? A specific talk at Google I/O this week provides the answer.
Linked by David Adams on 05/16/13 4:23 UTC
OSNews is a sponsor of this year's O'Reilly OSCON in Portland, Oregon, USA. A lucky OSNews reader will win a free three-day pass, including two tutorials days. To win the pass, post a comment on this story saying something about Open Source Software or OSCON. We'll pick a winner at random next week. If you don't have an OSNews account, you may email us your entry. Part of the conference is the 9th annual Open Source Awards, and today the 16th is the deadline for nominations. If you'd like to nominate an outstanding open source contributor, do it here. Read on for more information about OSCON. Update: The 20% discount code for OSNews readers is "OSN."
Linked by Thom Holwerda on 05/11/13 21:41 UTC
"Windows is indeed slower than other operating systems in many scenarios, and the gap is worsening." That's one way to start an insider explanation of why Windows' performance isn't up to snuff. Written by someone who actually contributes code to the Windows NT kernel, the comment on Hacker News, later deleted but reposted with permission on Marc Bevand's blog, paints a very dreary picture of the state of Windows development. The root issue? Think of how Linux is developed, and you'll know the answer.
Linked by Thom Holwerda on 05/08/13 14:22 UTC
This is one of those news items that's fun to write, fun to read, fun to comment on, and where no one will be able to say anything unkind. It's all just one big ball of awesome fluffiness. TuneTracker, the BeOS radio automation software, has just released something very special: TuneTracker System 5, the first version designed entirely and specifically for Haiku. In fact, it actually includes Haiku in the software package. Better yet, TuneTracker also unveiled several system-in-a-box products - which have Haiku and TuneTracker pre-installed.
Linked by Thom Holwerda on 05/02/13 15:28 UTC
Exactly twenty years ago, a document was published that played a huge role in establishing the web as we know it today. Twenty years later, and this simple and straightforward document is proof of an irrefutable fact: while closed technologies can change markets, open technologies can change the world.
Linked by Thom Holwerda on 04/29/13 21:06 UTC
Oh multitasking. That staple of computing that got thrown out the window with many modern smartphones. We got some rudimentary thing in its place - but even as multitasking on phone and tablets improves, its user-visible side remains cumbersome. Windows 8 has a neat implementation, and now it's time Android follows in it footsteps.
Linked by Thom Holwerda on 04/24/13 22:24 UTC
They're here! Whether that excites you or not remains to be seen, but the Galaxy S4, which will most likely become the best selling Android smartphone of the year by a huge margin, has been reviewed by all the major sites, and there's lots of interesting conclusions in there - although I think most of you will get the gist.More Features »
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2009-08-22
The plot thickens.
http://www.scribd.com/doc/108832665/12-04-30-Apple-Samsung-Teksler-...
One of the more notable documents filed with Judge Lucy Koh's court in the Apple versus Samsung post-trial motions is a letter from Apple intellectual property licensing director Boris Teskler to his equivalent at Samsung, Seongwoo Kim. The letter outlines a reciprocal patent agreement more in line with actual fair, reasonable, and non-discriminatory (FRAND) terms, rather than Samsung's proposed 2.4 percent rate of the entire device's purchase price.
Apple offered to license its FRAND UMTS patents, provided that Samsung "reciprocally agrees to this same, common royalty base, and same methodological approach to royalty rate, in licensing its declared-essential patents to Apple." Apple's estimates placed the price at $0.33 per device per royalty for use of the Apple patent portfolio, with the rate applied "to all Samsung units that Apple has not otherwise licensed." Apple requested a response by May 7, 2012, and no agreement was made.