trials

NEW YORK -- Apple argued that it had fought for equality among publishers big and small as it provided a rare glimpse into its negotiating tactics during the second day of the government's e-book price-fixing trial.

Kevin Saul, one of the key attorneys tasked with making deals for Apple's music, TV, books, and similar businesses, faced more grilling on Tuesday from U.S. Department of Justice attorney Mark Ryan over whether Apple knew and cared about the pricing of its competitors -- a key factor in the case, which accuses Apple of conspiring to control e-book pricing.

"… Read more

NEW YORK -- Apple and the U.S. Department of Justice finally headed to court on Monday for a high-profile trial over e-book price fixing, and one side already has expressed worries about an unfair disadvantage.

The Justice Department is trying to prove to the court that Apple was the ringleader in a scheme to push book publishers toward raising their prices, and change the pricing model to better compete with Amazon. Apple's fought back, arguing that the U.S. government took the various e-mails between Apple executives and publishers out of context, and that its entry into the … Read more

The Department of Justice has just released the 81-slide deck of its opening statements against Apple, as the two sides begin their first day in court.

The trial, which is expected to run about three weeks, kicked off Monday with opening statements from both sides. The DOJ says Apple colluded with publishers ahead of the 2010 launch of the iPad and iBookstore to raise prices on e-books. Apple is the staunch holdout among the others that the DOJ originally named in its complaint, but that have since settled.

Included in the slide deck are numerous e-mails between executives, pullouts from … Read more

U.S. District Court Judge Lucy Koh handed down some of her first post-trial rulings from the much publicized Apple v. Samsung patent case this evening.

In a 32-page order filed today, the judge said she predominantly agreed with the jury's decision that Samsung infringed on seven of Apple's design and utility patents. However, she disagreed with one finding -- that Samsung "willfully" infringed on Apple's patents.

What this means is that Apple will now be unable to triple its damage awards. If Koh had agreed with the jury on this decision, Apple could have … Read more

Apple today told a U.S. district court judge in San Jose it would appeal her decision earlier this week not to ban sales of a number of Samsung phones.

Earlier this week Judge Lucy Koh denied Apple's bid for a sales ban on 26 Samsung products, saying that any infringing features were just part of a larger feature set, making a sales ban too broad. That decision meant Samsung can continue to sell those devices, which are mainly older models, in the U.S.

That sales ban effort was one of several following a jury verdict in August … Read more

A key patent that Apple successfully used against Samsung in its multibillion-dollar courtroom brawl earlier this year is at risk following a re-examination by the U.S. Patent and Trademark Office.

All 21 claims of U.S. patent No. 7,844,915 -- also known as the "pinch to zoom" patent -- were rejected by the Patent Office today, following a re-examination.

Samsung pointed this out in a filing to U.S. District Court Judge Lucy Koh this afternoon, noting that it was "relevant" given the company's effort for a retrial, as well as Apple'… Read more

It's been a busy week for Apple and Samsung, and there's still much more action expected.

The most recent move was a pair of orders late Monday that put the kibosh on Samsung's attempt to get a retrial, as well as Apple's bid for a ban a number of Samsung devices. U.S. District Court Judge Lucy Koh shot down both efforts.

What's left -- with this trial, at least -- is a judgement on damages: the amount Samsung needs to pay Apple, and one that's hotly contested by both sides. Apple wants to … Read more

SAN JOSE, Calif. -- Near the end of a more than three hour hearing between Apple and Samsung, a California judge once again asked both sides to put an end to the dispute.

"It's time for global peace," U.S. District Court Judge Lucy Koh told both companies, with a sense of exasperation.

"Is there anything the court can do? I'm more than willing to issue orders," she continued. "It would be good for consumers, good for the industry, good for the parties."

"We are willing. The ball's in their … Read more

SAN JOSE, Calif. -- Can phones come back from the dead to nibble at your bottom line? If you're Samsung, that's become a very real threat.

The company faces both an injunction on some devices found to infringe on Apple's patents as part of a jury verdict here in August, as well as adjustments to damages on devices it has long since put to pasture.

"They're seeking an injunction on all 29 products, even though Samsung only sells three products," Samsung's attorney argued.

Those three products consist of about 77,000 units of … Read more