Samsung Accused of Destroying Evidence, EU Bans Galaxy Tab 7.7
July 26, 2012 3:17 PM
comment(s) - last by
Apple demands $2.5B USD from Samsung -- plus complete sales ban on most of its smartphones/tablets
Samsung Electronics Comp., Ltd. (
) is in the middle of a tough week in the courts.
I. Samsung Accused of Destroying Evidence
The South Korean gadgetmaker recently celebrated outselling arch-rival Apple, Inc. (
two-to-one in smartphone sales
in the recent quarter. Those strong sales are driven by the
Galaxy S III
, a smartphone whose hardware beats Apple's flagship
in nearly every category.
Apple is struggling to keep up in sales despite continuing to haul in record profits as the
world's most profitable tech company
. Apple attorney Josh Krevitt sums up his company's plight, remarking, "Samsung is always one step ahead, launching another product and another product."
But Apple has been relatively effective at looking to stifle its competitor in court.
In recent weeks it scored sales bans on the
Samsung Nexus smartphone
Samsung Galaxy Tab 10.1 tablet
to secure its most hoped for ban -- a
kill shot on the Galaxy S III
another small victory in its U.S. court battle, with
Judge Paul Grewal
U.S. District Court for the Northern District of California
(San Jose/San Francisco) granting an Apple request to give an "adverse jury instruction." The judge told the jury that Samsung destroyed evidence that might have been pertinent to the case.
Samsung is accused of destroying evidence. [Image Source: Office Products NYC]
Samsung's global electronics empire maintains a purpose-built central email network. That network automatically deletes emails after two weeks. That's run Samsung into trouble in past lawsuits, including a 2004 one where it received a similar sanction for the practice.
In the current case, the
U.S. International Trade Commission
had ruled that Samsung behaved responsibly. While it acknowledged the automatic email deletion, it noted that the company had informed employees that they should be saving any documents pertinent to the case.
But Judge Grewal saw things quite differently. He argued that Samsung did not do enough to monitor that its order was being enforced. He remarks, "In effect, Samsung kept the shredder on long after it should have known about this litigation."
Samsung plans to appeal, but if it loses, the order could be a blow to its image when the trial
goes before the jury
II. Apple Wants $2.5B USD
Apple is suing Samsung on the grounds of a slew of patents and trademarks. The trademarks encompass largely deal with the look of certain icons -- such as a white email envelop on a blue background. The patents cover a host of software features such as
slide to unlock
, as well as the "look" of the iPad and iPhone.
A UK court recently found that most of these patents were
invalid due to prior art
. It forced Apple to
print a public apology
to Samsung acknowledging that Samsung
did not "steal" the look
of the iPad with its Galaxy Tab. In recent interviews
Judge Richard A. Posner
, one of the most experienced intellectual property experts in the U.S., expressed similar sentiments remarking that the majority of software patents -- including Apple's --
should likely be ruled invalid
Apple wants an exorbitant $2.525B USD from Samsung ($2B USD of which represents profits from devices). It also wants Samsung to be banned from selling the majority of its Android smartphones and tablets in the U.S. These provisions would surely provide a nice padding to Apple's already industry-leading profits, and help it overcome its product design difficulties.
Apple wants Samsung's devices banned and Samsung forced to pay billions in damages.
[Image Source: SomanyMP3s]
Samsung sought a 2.4 percent royalty from Apple on its 3G patents in the U.S., a proposal that is also slightly outlandish, given that it's grossly above the industry standard for licensing
fair, reasonable, and non-discriminatory (FRAND) patents
III. Galaxy Tab 7.7 Banned Throughout the EU
More bad news came for Samsung this week when a decision by the Dusseldorf Higher Regional Court was expanded into a
complete ban on sales
of the Galaxy Tab 7.7
throughout the EU
. The ban comes courtesy of
Community Design 000181607
, which depicts a rectangular tablet:
It was found that the Galaxy Tab 7.7:
...looked too much like the iPad, despite being a different size, having different back decals, and different ports.
Again, this would seemingly indicate Apple has a government-enforced monopoly on tablets in the European Union, but this is clearly not the case, as
Samsung's Galaxy Tab 10.1N
was deemed valid for sale thanks to the addition of extra metallic accents.
About the only conclusion one can thus draw from these divergent rulings is that bans are rather arbitrary and based on the sentiments of whatever court they happen to wind up in for the ruling.
The ban is tentative, pending appeal, and likely does not apply to the UK, which already found Apple's design claims invalid.
This article is over a month old, voting and posting comments is disabled
What Apple "wants"
7/26/2012 4:56:09 PM
Who cares what they want.
Apple wants an exorbitant $2.525B USD from Samsung
And I want Santa Claus to bring me a pony. So what?
RE: What Apple "wants"
7/26/2012 4:59:03 PM
Not only that, they "demand" it... LOL
"It looks like the iPhone 4 might be their Vista, and I'm okay with that." -- Microsoft COO Kevin Turner
Apple iPhones Outsold by Samsung 2-to-1 in Q2, Profit Suffers
July 24, 2012, 5:30 PM
Apple Forced by UK to Print Public Apologies to Samsung for Design Theft Accusations
July 18, 2012, 3:05 PM
UK Judge Rejects Apple's Patent Claims, Says Galaxy Tab "Not as Cool" as iPad
July 9, 2012, 3:40 PM
U.S. Patent System is Broken, Declares Judge in Android v. Apple Cases
July 6, 2012, 1:12 PM
Apple Granted Preliminary Injunction Against Samsung’s Galaxy Nexus
June 30, 2012, 3:10 AM
Smart Security Cameras: 5 Good Choices For Any Budget
July 25, 2016, 7:13 PM
Top 5 Smart Watches
July 21, 2016, 11:48 PM
Retiree Sues Apple For $7,500 for Wiping Honeymoon Photos From His iPhone
November 30, 2015, 10:23 AM
iPhone 7 May Pack 3-4 GB Memory, More Storage; 4-Inch Comeback is Rumored
November 20, 2015, 10:12 PM
OnePlus One, OnePlus 2 Will Receive Android Marshmallow in Q1 2016
November 16, 2015, 9:58 AM
Lenovo Whoa: Motorola Droid MAXX 2 and Turbo 2 Break Cover in Leaks
October 26, 2015, 3:12 PM
Most Popular Articles
2 NEW PlayStation 4 Models - Unveiling September 7th
August 23, 2016, 6:23 AM
iPhones May Get Curved Screens Next Year
August 24, 2016, 6:45 AM
Drones at the Airport
August 26, 2016, 5:00 AM
5 Easy Ways to Lower Blood Pressure By Monique C. Bethell, Ph.D.
August 25, 2016, 8:00 AM
Say Goodbye to Data Plans - Sprint and T-Mobile offer Unlimited Data
August 22, 2016, 6:12 AM
Latest Blog Posts
First Self-Driving Car debut on the streets of Singapore
Aug 28, 2016, 4:10 PM
Coming Soon - Drones and Airports
Aug 24, 2016, 12:40 PM
SolarCity’s Gigafactory: A Milesone in Emerging Technology by Lily Emamian - 15 August 2016
Aug 15, 2016, 6:30 AM
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information