SAN JOSE, Calif. — After a year of scorched-earth litigation, a jury decided Friday that Samsung ripped off the innovative technology used by Apple to create its revolutionary iPhone and iPad.
The jury ordered Samsung to pay Apple $1.05 billion in the latest skirmish of a global legal battle between the two tech giants. An appeal is expected.
Apple Inc. filed its patent infringement lawsuit in April 2011 and engaged legions of the country’s highest-paid patent lawyers to demand $2.5 billion from its top smartphone competitor. Samsung Electronics Co. fired back with its own lawsuit seeking $399 million.
The verdict, however, belonged exclusively to Apple, as the jury rejected all Samsung’s claims against Apple. Jurors also decided against some of Apple’s claims involving the two dozen Samsung devices at issue, declining to award the full $2.5 billion Apple demanded.
However, the jury found that several Samsung products illegally used such Apple creations as the “bounce-back” feature when a user scrolls to an end image, and the ability to zoom text with a tap of a finger.
Apple lawyer plans to formally demand Samsung pull its most popular cellphones and computer tablets from the U.S. market. They also can ask the judge to triple the damages to $3 billion. U.S. District Judge Lucy Koh will decide those issues along with Samsung’s demand she overturn the jury’s verdict in several weeks.
The outcome of the case is likely to have ripple effects in the smartphone market. After seeing Samsung’s legal defeat, other device makers relying on Android may become more reluctant to use the software and risk getting dragged into court.
"Some of these device makers might end up saying, `We love Android, but we really don’t want to fight with Apple anymore," said Christopher Marlett, CEO of MDB Capital Group, an investment bank specializing in intellectual property.
ISI Group analyst also viewed the verdict as a blow to Android, as much as Samsung.
During closing arguments at the trial, Apple attorney Harold McElhinny claimed Samsung was having a “crisis of design” after the 2007 launch of the iPhone, and executives with the South Korean company were determined to illegally cash in on the success of the revolutionary device.
Samsung’s lawyers countered that it was legally giving consumers what they want: smartphones with big screens. They said Samsung didn’t violate any of Apple’s patents and further alleged innovations claimed by Apple were actually created by other companies.
Samsung, headquartered in Seoul, responded to the verdict, saying in a statement it was “unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners.”
"Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer. It will lead to fewer choices, less innovation, and potentially higher prices," Samsung said.
The jurors’ determination that Samsung took Apple’s ideas probably matters more to the companies than the damages figures, Marlett said.
"I don’t know if $1 billion is hugely significant to Apple or Samsung," Marlett said. "But there is a social cost here. As a company, you don’t want to be known as someone who steals from someone else. I am sure Samsung wants to be known as an innovator, especially since a lot of Asian companies have become known for copying the designs of innovators."
Samsung has emerged as one of Apple’s biggest rivals and has overtaken as the leading smartphone maker. Samsung’s Galaxy line of phones run on Android, a mobile operating system that Google Inc. has given out for free to Samsung and other phone makers.
Google entered the smartphone market while its then-CEO Eric Schmidt was on Apple’s board, infuriating Apple co-founder Steve Jobs, who considered Android to be a blatant rip off of the iPhone’s innovations.
After shoving Schmidt off Apple’s board, Jobs vowed that Apple would resort to “thermonuclear war” to destroy Android and its allies.
If Android lose any ground in the mobile computing market, that would hurt Google, too. That’s because Google relies on Android to drive mobile traffic to its search engine and services to sell more advertising.
The Apple-Samsung trial came after each side filed a blizzard of legal motions and refused advisories by the judge to settle the dispute out of court. Deliberations by the jury of seven men and two women began Wednesday.
Jurors left the courthouse without addressing the scrum of international media who camped out at the San Jose courthouse for a month.
They notified the judge at about 2:30 p.m. that they had arrived at a verdict after deliberating two-and-a-half days. Many expected deliberations to last longer because of the complexity of the case.
Jurors filed into the courtroom silently Friday, the youngest juror who favored flipflops, shorts and playing videogames was wearing a Beatles sweatshirt and handed over the 20-page verdict form with little fanfare.
Apple and Samsung combined account for more than half of global smartphone sales. Samsung has sold 22.7 million smartphones and tablets that Apple claimed uses its technology. McElhinny said those devices accounted for $8.16 billion in sales since June 2010.
From the beginning, legal experts and Wall Street analysts viewed Samsung as the underdog. Apple’s headquarters is a mere 10 miles from the San Jose courthouse, and jurors were picked from the heart of Silicon Valley where Jobs is a revered technological pioneer.
While the legal and technological issues were complex, patent expert Alexander I. Poltorak previously said the case would likely boil down to whether jurors believed Samsung’s products look and feel almost identical to Apple’s iPhone and iPad.
To overcome that challenge at trial, Samsung’s lawyers argued that many of Apple’s claims of innovation were either obvious concepts or ideas stolen from Sony Corp. and others. Experts called that line of argument a high-risk strategy because of Apple’s reputation as an innovator.
Apple’s lawyers argued there is almost no difference between Samsung products and those of Apple, and presented internal Samsung documents they said showed it copied Apple designs. Samsung lawyers insisted that several other companies and inventors had previously developed much of the Apple technology at issue.
Apple and Samsung have filed similar lawsuits in eight other countries, including South Korea, Germany, Japan, Italy, the Netherlands, Britain, France and Australia.
"This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims," Samsung said in its statement.
Samsung won a home court ruling earlier Friday in the global patent battle against Apple. Judges in Seoul said Samsung didn’t copy the look and feel of the iPhone and ruled that Apple infringed on Samsung’s wireless technology.
However, the judges also said Samsung violated Apple’s technology behind the feature that causes a screen to bounce back when a user scrolls to an end image. Both sides were ordered to pay limited damages.
The Seoul ruling was a rare victory for Samsung in its arguments that Apple has infringed on its wireless technology patents. Samsung’s claims have previously been shot down by courts in Europe, where judges have ruled that Samsung patents were part of industry standards that must be licensed under fair terms to competitors.
The U.S. case is one of some 50 lawsuits among myriad telecommunications companies jockeying for position in the burgeoning $219 billion market for computer tablets and smartphones.
Associated Press writers Michael Liedtke in San Francisco and Sam Kim in Seoul contributed to this report.
မိဘေတြကမ်ား ဒီလိုကိုယ့္ရင္ေသြးကို ဘာျဖစ္လို႕မ်ား ဒီေလာက္ေတာင္ ရက္ရက္စက္စက္လုပ္ရက္ပါလိမ့္ေနာ္.........
Not At All Genocide on Bengalis in Rakhine State—Their Lies will Fade away.ရုိဟင္ဂ်ာေတြကိုမ်ိဳးတုန္းေအာင္သတ္ေနတယ္ ဆိုတာ မုသား
Faraz Ahmed, the writer and blogger, is from Pakistan and he said truth. He said the photos on the social network were very fabricated. We all know that there is a lot of fake news about the Bengali crisis in Burma.
Unlike the Turkish Foreign Minister or the funny-looking jailed Islamist cleric Abu Bakar Bashir, some educated liberal Muslims do not make insults or threats against Burma. The Turkish Foreign Minister, even before he left Turkey for Burma, said that there was a genocide on Muslims in Burma. Wrong! The cleric inside an Indonesian jail also threw an empty threat in the air and sent a letter to U Thein Sein, President of Burma. Ridiculous! This aging jailed extremist, in his letter to the President of Burma, has threatened to wage war against Burma if it continues to harm Muslim Rohingyas. The Burmese Embassy in Indonesia should have responded to an inmate who vowed to destroy Burma. (((((((:-
This revered inmate should have been more worried about Syria, Iran and Afghanistan. Americans have waged enough wars in some Islamic countries, whether we may not fully understand the cause of all these invasions, or any post-war explanations that would justify the cause. At any rate, these clerics ought to be more concerned about the powerful western countries which can create particular wars as an ongoing living, perhaps a bit profitable industry.
Do not believe that they can or will act on their threats. They make up stories and scream a lot—-they lie a lot. Leave alone a very vulnerable nation like Burma (the ruling elite of the country excluded), what harm have the illegal Bengalis experienced once they crossed the western border and claimed citizenship rights for the 800, 000 squatters?
The magnitude of unlawful entry of these Bengalis is a bit out of control. India does not want them—by now what I mean is that a large number of reckless squatters from another country is always a burden to any nation facing several problems on its own. Bangladesh does not want them back. Burma is another struggling neighbor, crippled and broken every way under the 50-year military rule, yet struggling and progressing like a blind infant on its path is NOT at all prepared to take 800,000 squatters from Bangladesh.
In terms of any relevant law in any country, any person residing in the country without official permission is an illegal immigrant. Why does Burma have to take them all? If we did, it truly would be a big relief to Bangladesh but a major disaster, both politically and economically, to the entire Buddhist land. Over the past few months it was the illegal Bengalis immigrants who started a series of agitation and violence against the Buddhist Rakhines. The entire Burmese public had called for a complete stop of the threatening influx of immigrants from the unguarded western border.
However, the government turned a blind eye to the request of the Rakhine people, and it seemed that the most corrupt aging Burmese generals had anxiety and tension about not getting enough votes in 2010, and consequently, there was truth that unlawful migration became a lawful one once the authorities in Rakhine State had willingly helped the squatters. As a result of the actions of certain Burmese officials who took bribes from border-crossers, thousands of voter identity cards were issued to these illegal immigrants. Imagine these card-holders do not even speak Burmese or Rakhine dialect. Till now, next to the President, there are a few cunning lobbyists in favor of establishing illegal Bengalis as Burmese citizens, then toward a separate Islamic state gradually in a few years.
Every time an unwilling host country has been pushed and pushed to take all these squatters, her sensible government will just have to apply its own immigration law—-strictly. Those without proper legal papers will be sent back. The documents bought unlawfully will not be relied upon. When it comes to their influx into Burma, they should get lost (perhaps they have been caught already) in their lies and ridiculous baseless arrogance against the Burmese Rakhines.
At the same time, even those Burmese who consider themselves supra-liberal or lefty-left strong activists must understand that Burma must not be sacrificed at anyone’s liberal whims. The truth behind the door is that such unpleasant communal strife has been blown out of proportion—-the facts and figures (about only 80 deaths) were politically enlarged and escalated into a direction that the corrupt media personnel in the west used it beautifully. The corrupt immigration officers in Rakhine State remained silent. The members of the ruling corrupt elite in Nay Pyi Daw have been quite slow responding to the crisis. And the treacherous lobbyists in Nay Pyi Daw who had planned things only that way are still active, and they now even have pretty fancy jobs. Some of them are mere brokers in politics. It is heartless of them to have set up the Bengali Rohingya crisis the way it was, thus taking lives of a few dozens and leaving thousands of the Rakhines homeless. The bribes from Saudi and other Muslim fundamentalist groups have helped these people’s political careers. This must come to an end once and for all.
Most western-educated Burmese people have considerable amount of liberal sensibilities, but this would not limit them to either saying untruthful things or agreeing with the Turkish Foreign Minister or any media spreading lies from the west. When these insensible visitors came, they should not have come with a fixed agenda as the western media had already manipulated. Whosoever repeats the phrase of “genocide on Bengali Rohingyas by the Burmese authorities and the racist Rakhines,” we all deny that. Even the United State has denied that. There is NO genocide against Bengali Rohingyas in Burma. The government had killed only the students and the monks for their attempt to uproot the corrupt military system. Therefore, in a course of time, this lie of Burmese genocide on Bengalis will be fading away and truth will reign again.
The government, even though it was accused of opening fire into Bengalis, was even protecting non-Burmese squatters in such a manner that homeless Rakhines complained that in some instances, there was proof that the Burmese Army gave a little bit of TLC to the crying lying Bengalis near the western border. There and then, the poor Rakhines were left speechless.
As of now, the government has confirmed that it was a matter of illegal immigration, and from it we concluded that like in India which has faced the same problem of Bengali influx, the Burmese liberals and conservatives are all against having these 800,000 squatters in their land. They all have expressed concern on the issue. These Bengalis are posing a danger to Burma’s internal security. We Burmese Buddhists have a way of life, still poverty-stricken in every corner yet unique and full of potential once the system has been radically changed for the better. This must not be taken away at any cost, making the 60 million population panic and insecure.
It is extremely important that Burma as a nation be against the arrogant tones of Islamic fundamentalists and their lobbyists. Everyone has one nation to protect—we will be against all of their false words, publications and plans against Burma. My only question to all citizens who are unhappy about the whole crisis: how far do you want to go to protect The Rakhine Land? How do we work with and put pressure on the government that it will use its immigration law strictly like the Indian High Court? Do you even know why the western media stations have been lying that much? Do you know why the diplomats and leaders from some Islamic nations, also have been pushing us and lying that far and wide?
August 12 2012
Heath Minister Marzieh Vahid Dastjerdi told a session of parliament Monday that the number jumped by about 50 after victims expired in the hospital. More than 3,000 people were injured in the earthquakes.
Scores of aftershocks have coursed through Iran’s mountainous northeast since the 6.4 and 6.3 magnitude quakes hit the region, where some 300,000 people live near the borders with Azerbaijan and Armenia.
Iran is located on seismic fault lines and is prone to earthquakes. In 2003, some 26,000 people were killed by a 6.6 magnitude quake that flattened the historic southeastern city of Bam.
Man saves dog from intentional drowning » DogHeirs | Where Dogs Are Family « Keywords: Gilroy, California
A man is being hailed as a hero by his neighborhood after he rescued a small dog from drowning in a creek in Gilroy, California.
Hector Beltran was out fishing with his friend’s kids in Christmas Hill Park when they heard a dog crying. They went to investigate and saw a small dog in Uvas creek, her head barely above the water. They were horrified to discover the dog had a rope tied to her hind legs and two bricks weighing her down. It’s a sight Hectory said he will never forget.
Hector immediately picked the dog out of the water and freed her from her cruel anchor. He took the dog to the veterinarian to be checked but no ID was found. He then filed a report with Gilroy police in the hopes they find the cruel person responsible.
Hector has named the little dog River. He told KBTS News, “I don’t want her to go to the pound” so he plans to keep River with his family until he can find a good home for her. In the meantime, she has the company of his two dogs Silver and Lucy and her rescuer looking out for her.
Thailand might lose the deep South if the United Nations intervenes to suppress the violence in the region, deputy army chief Daopong Rattanasuban said on Friday.
"We have not lost our land yet, but if we’re complacent and let the UN intervene and hold a referendum, then we’re finished," Gen Daopong said.
"We won’t let this happen and we’ll fight it to the death, but our Muslim brothers and sisters have to understand us because we’re fighting against a small percentage of people who are using guerrilla warfare tactics."
The insurgents wanted to get villagers on their side by telling them that the government and Thai Buddhists are evil, discriminating and unjust and that officials are using excessive force, he said.
However, 90 per cent of the two million Thai Muslims were well aware of the situation.
The problem in the South was sensitive because it involves religion. Officials needed to be patient and have a good understanding. Fortunately, Thai Muslims understand and the army is trying to gain their trust, he said.
The southern militants, after failing to mislead the villagers, tried to instill fear by setting off bombs and murdering security officers at random, he said.
"We know of many people who are involved in the insurgency movement, but we have to stick to the law. We cannot work blindly and arrest people without reasonable grounds," the deputy army chief said.
The army is not planning to impose a curfew that will affect the people’s religious activities. A curfew would likely be applied on certain roads, he said.
"People have to understand that the situation in the three southern border provinces is not normal, like in Bangkok. If stringent measures are implemented we’ll have to explain, but the people have to cooperate as well," he said.
Gen Daopong said Their Majesties the King and Queen have visited the southern border region every year to meet the people there.
"I believe there’s not a single day when Their Majesties are not following news about the South and the incidents that affect the Thai Buddhists and Muslims there.
"I believe that if the situation eases or becomes peaceful, Their Majesties will be in better health," the deputy army chief said.
Within a day of the issue being raised in Parliament, the Centre on Thursday told the Supreme Court that it was committed to deporting illegal Bangladeshi migrants, but only lawfully.
At the same time, it said the demand for identifying and deleting the names of alleged 41 lakh doubtful voters from the list of 2006 on the basis of religious and linguistic profiling would prima facie be illegal, arbitrary and violative of the secular and democratic credentials of India.
Additional Solicitor General Mohan Jain told a Bench of Justices P. Sathasivam and Ranjan Gogoi, hearing a public interest litigation petition filed by the Assam Public Works seeking a direction for deportation of illegal migrants, said the government of India, as a matter of policy, “does not support any kind of illegal migration either into its territory or illegal immigration of its citizens.”
As the Centre was taking all necessary steps, there was no need for passing any interim order, said Mr. Jain, who also sought dismissal of the petition. The Bench then posted the matter for final hearing on November 6.
The Centre, in its affidavit, said: “Bangladeshi infiltrators and those unauthorisedly overstaying after the expiry of their visa are to be deported… and such deportation of Bangladeshi nationals is, at present, carried out in accordance with the procedure laid down by the Central Government under the provisions of the Foreigners Act, 1946 and Rules and Orders made thereunder.”
It said: “Curbing illegal migration into the country is a priority since it has serious security, economic and societal ramifications. The Government of India has been issuing instructions from time to time to the State government/Union Territory Administration for selection and deportation of Bangladeshi nationals found to be staying in India unauthorisedly, and administrative instructions had also been issued from time to time [to the States/UTAs] to make concerted efforts to identify, detect and deport Bangladeshi nationals.”
Action was taken to implement all provisions of the Assam Accord, under which foreigners were divided into three categories: Those who came to the State before January 1, 1966; those who arrived between January 1, 1966 and March 24, 1971 and those who came on or after March 25, 1971.
The Centre said that after the Supreme Court struck down the Illegal Migrants (Determination by Tribunals) Act, measures to prevent infiltration and for speedy all-round economic development of Assam were taken. Tribunals and the Appellate Tribunal constituted under the IMDT Act ceased to function from July 2005.
These measures were of a continuous nature and, therefore, needed to be monitored regularly. Based on modalities received from the Assam government, the Citizenship (Registration of Citizens and issue of National Identity Cards) Rules were amended for preparation of the National Registration of Citizens by updating the National Register of Citizens (NRC), 1951, in the State based on relevant records. Subsequently, pilot projects were stopped due to a law and order problem. A Cabinet sub committee set up by the State government to simplify the procedure for updating the NRC submitted its report.
The Centre said the Border Security Force was deployed along the international border to prevent the entry of illegal migrants.
ကမၻာမွာ မူဆလင္ဘာသာဝင္ အမ်ားဆုံးရွိရာ ႏုိင္ငံျဖစ္တဲ့ အင္ဒုိနီးရွားႏုိင္ငံရဲ႕ သမၼတ ဆူဆီလုိ ယူဒိုယူႏုိက ရခုိင္ျပည္နယ္မွာ ျဖစ္ေပၚေနတဲ့ ပဋိပကၡနဲ႔ ပတ္သက္လုိ ့ ျမန္မာႏုိင္ငံ အစုိးရဟာ အေကာင္းဆုံးျဖစ္ေအာင္ ကိုင္တြယ္ ေျဖရွင္းေနေၾကာင္း ေျပာၾကားလုိက္ပါတယ္။
အေနာက္ဂ်ားဗားရွိ သူ ရဲ႕ေနအိမ္မွာ က်င္းပတဲ့ သတင္းစာ ရွင္းလင္းပြဲမွာ သမၼတ ယူဒုိယူႏုိက သူ ့အေနနဲ႔ ျမန္မာႏုိင္ငံ ရခုိင္ျပည္နယ္က အေျခအေနကုိ တတ္ႏုိင္သမွ် မွန္မွန္ကန္ကန္ ျပည့္ျပည့္စုံစုံနဲ႔ ဘက္မလုိက္ဘဲ ႀကိဳးစား ရွင္းျပေနတာ ျဖစ္ေၾကာင္းလည္း သတင္းေထာက္ေတြကို ေျပာပါတယ္၊
ရခုိင္-ရုိဟင္ဂ်ာ ပဋိပကၡဟာ ဘာသာေရး ပဋိပကၡ မဟုတ္ဘဲ ေဒသတြင္း လူုအုပ္စုၾကား ျဖစ္ပြားတဲ့ ပဋိပကၡသာျဖစ္ၿပီး အေၾကာင္းတုိက္ဆိုင္လို႔ ရုိဟင္ဂ်ာေတြက မူဆလင္ျဖစ္ၿပီး ရခုိင္ေတြက ဗုဒၶဘာသာ ျဖစ္ေနတာသာ ျဖစ္ေၾကာင္းလည္း အင္ဒုိနီးရွား သမၼတ ကေျပာပါတယ္။
ရုိဟင္ဂ်ာေတြဟာ ဘဂၤလားေဒ့ရွ္ ဇာတိျဖစ္ေၾကာင္း၊ ဒါေပမဲ့ မ်ိဳးဆက္ ေလးဆက္ေလာက္ ေနထိုင္လာတဲ့ သူတုိ႔ကုိ ျမန္မာအစုိးရက တုိင္းရင္းသား ၁၃၅ မ်ိဳးထဲမွာ ထဲ့သြင္းမႈ မရွိေသးဘူးလုိ႔လည္း ေျပာပါတယ္။
ဒီပဋိပကၡမွာ ရိုဟင္ဂ်ာ ဒုကၡသည္ ၂၈၀၀၀ ကေန ၅၃၀၀၀ ထိ မ်ားျပားလာေၾကာင္း၊ စာရင္းအရ ရခုိင္ ဒုကၡသည္ ၂၄၀၀၀ ရွိေနေၾကာင္း၊ ေဝဖန္သူေတြက ျမန္မာအစုိးရဟာ ရခုိင္ေတြကို ဦးစားေပး ေနတယ္လို ့ဆုိၾကေပမဲ့ တဖက္မွာလည္း ရုိဟင္ဂ်ာေတြဟာ ကုလသမဂၢရဲ႕ အကူအညီ အေထာက္အပံ့ ပုိရေနတယ္လုုိ ့ရခုိင္ေတြက သတိမူ သေဘာေပါက္ ထားေၾကာင္းလည္း ေျပာဆုိပါတယ္၊
ျမန္မာႏုိင္ငံက ျပႆနာ ျဖရွင္းေရးအတြက္ အင္ဒုိနီးရွားႏိုင္ငံ အေနနဲ႔ သံတမန္ လမ္းေၾကာင္းက တတ္ႏုိင္သမွ် ေဆာင္ရြက္ခဲ့ၿပီး သမၼတ ဦးသိန္းစိန္ထံလည္း အင္ဒုိနီးရွားႏုိင္ငံရဲ႕ ေမွ်ာ္လင့္မႈေတြနဲ႔ ပတ္သက္လုိ ့ စာေပးပုိ႔မွာ ျဖစ္ေၾကာင္း သတင္းေထာက္ေတြကို ရွင္းျပသြားပါတယ္။