Jury to hear extended testimony due to federal appeals court ruling

Posted:
in General Discussion edited November 2015
Jurors in the second Apple v. Samsung patent trial in California, who were scheduled to begin deliberations early next week, will now hear an additional two hours of testimony clarifying a key phrase used in one of Apple's patents-in-suit.

Apple Data Detectors


Just as the Apple v. Samsung case was winding down, presiding Judge Lucy Koh on Friday said she will give each side an extra hour to address the implications of a ruling handed down by the U.S. Court of Appeals for the Federal Circuit that same day, reports The Verge.

While the CAFC ruling deals with a separate action between Apple and Motorola, there is overlap with the California case in Apple's '647 patent covering "quick links" or "data detectors." With its decision, the CAFC overturned a prior dismissal by Judge Richard Posner, essentially reviving the Motorola case.

As noted by Re/code, the federal appeals court's ruling disagreed with Apple's claim construction of its '647 patent. Specifically, the court sided with Judge Posner's definition of a particular patent claim involving an "analyzer server," which the jurist described as "a server routine separate from a client that receives data having structures from the client."

Because the Apple v. Samsung jury was given a different definition of analyzer servers, as presented by Apple, clarification is needed to render a sound decision. To that end, two expert witnesses, Carnegie Mellon professor Todd Mowry and University of North Carolina professor Kevin Jeffay, will be called in to offer testimony.

Apple and Samsung were originally scheduled to offer their respective two-hour closing arguments on Monday, though the timeline has shifted presentation to Tuesday with jury deliberations to follow.

In its case against Samsung, Apple is seeking $2.19 billion in damages for lost profits and royalties on five alleged infringed patents. Throughout the trial, Samsung has asserted that Apple's patents are worth much less, with experts saying the total amount is closer to $38.4 million assuming 37 million infringing devices.
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Comments

  • Reply 2 of 46
    djkikromedjkikrome Posts: 189member
    F Jackie, and samsung too.
  • Reply 3 of 46
    hmmhmm Posts: 3,405member
    Quote:
    Originally Posted by djkikrome View Post



    F Jackie, and samsung too.



    I'll probably regret this, but who is Jackie?

    Quote:
    Originally Posted by Rogifan View Post



    Oops...

    http://phandroid.com/2014/04/19/galaxy-s5-water-damage/



    I clicked on the link. The author updates it somewhat here.

     

    http://phandroid.com/2014/04/21/galaxy-s5-ip67-meaning/

     

    I found that from your initial link. Anyway the protection doesn't sound all that useful. It's like what you used to get with cheap watches.

  • Reply 4 of 46
    dickprinterdickprinter Posts: 1,060member
    Quote:

    Originally Posted by djkikrome View Post



    F Jackie, and samsung too.

     

     

    Quote:

    Originally Posted by hmm View Post

     



    I'll probably regret this, but who is Jackie?

     

     


    I'm assuming djkikrome is a Howard Stern fan referring to Jackie the Jokeman. 

  • Reply 5 of 46
    comleycomley Posts: 139member
    Samsung has asserted that Apple's patents are worth much less, with experts saying the total amount is closer to $38.4 million

    Should we believe the thief
  • Reply 6 of 46
    hmmhmm Posts: 3,405member
    Quote:

    Originally Posted by Dickprinter View Post

     

     

     

    I'm assuming djkikrome is a Howard Stern fan referring to Jackie the Jokeman. 




    Thanks. I don't listen to Howard Stern, so I didn't catch that possible reference.

  • Reply 7 of 46
    dasanman69dasanman69 Posts: 13,002member
    hmm wrote: »

    Thanks. I don't listen to Howard Stern, so I didn't catch that possible reference.

    That's a old reference. Not many people would know it.
  • Reply 8 of 46
    The term "server" is pretty generic. Technically speaking, a single App that has one thread dedicated to "serving" requests made by other threads in the same App could be a server. Or a process running in iOS that serves requests by multiple Apps is also a server. Or the term most people think of - a separate physical machine somewhere on the Internet that serves numerous applications on numerous machines.

    The core concept to me is a separate process that analyzes data structures. It's irrelevant if it's inside the same App, part of the OS, or external (like Siri). It'd be a shame if Apple loses this because someone has a "strict" definition of what a server is.
  • Reply 9 of 46
    freerangefreerange Posts: 1,597member
    The term "server" is pretty generic. Technically speaking, a single App that has one thread dedicated to "serving" requests made by other threads in the same App could be a server. Or a process running in iOS that serves requests by multiple Apps is also a server. Or the term most people think of - a separate physical machine somewhere on the a Internet that serves numerous applications on numerous machine.

    The core concept to me is a separate process that analyzes data structures. It's irrelevant if it's inside the same App, part of the OS, or external (like Siri). It'd be a shame if Apple loses this because someone has a "strict" definition of what a server is.

    Great points - totally agree.
  • Reply 10 of 46
    taniwhataniwha Posts: 347member
    Quote:

    Originally Posted by comley View Post



    Samsung has asserted that Apple's patents are worth much less, with experts saying the total amount is closer to $38.4 million



    Should we believe the thief

    Do you mean the good thief or the bad thief ? Or do you really believe that Apple has never copied patented algorithms registered to other third parties and that all the court decisions that found Apple to have wilfully infringed were a communist plot :-) or made by Judges and Juries paid to hate Apple. ?

     

    Just wondering /s

  • Reply 11 of 46
    comleycomley Posts: 139member
    Samson rips off many companies they are really good at copying other products
    Many companies infringe on some things are debatable what's not in question . Samson are guilty and I for one disgusted samsung's behaviour that's only my opinion
    I used to buy samsung's Products not any more !
  • Reply 12 of 46
    taniwhataniwha Posts: 347member
    Quote:

    Originally Posted by comley View Post



    Samson rips off many companies they are really good at copying other products

    Many companies infringe on some things are debatable what's not in question . Samson are guilty and I for one disgusted samsung's behaviour that's only my opinion

    I used to buy samsung's Products not any more !

    Of course you buy Samsung products .. they are inside almost every device on the market to some extent. 

     

    But I take your point and you are quite entitled to hold any view that you find appropriate. I just think it is naive to believe that ethical considerations play any big role, despite the incantations to the contrary, in any company who'se driving motive is profit or "shareholder value". Its about money.

     

    I frankly don't find Apple or Samsung or any of the others for that matter, have a monopoly on being the good guys.

  • Reply 13 of 46
    marvfoxmarvfox Posts: 2,275member

    Samsung is a good company to deal with and their products last quite a long time.

  • Reply 14 of 46
    comleycomley Posts: 139member
    taniwha wrote: »
    Of course you buy Samsung products .. they are inside almost every device on the market to some extent. 

    But I take your point and you are quite entitled to hold any view that you find appropriate. I just think it is naive to believe that ethical considerations play any big role, despite the incantations to the contrary, in any company who'se driving motive is profit or "shareholder value". Its about money.

    I frankly don't find Apple or Samsung or any of the others for that matter, have a monopoly on being the good guys.

    Components in devices I buy like the iPhone yes I can't help that . But their product line I do not purchase any more !
  • Reply 15 of 46
    comleycomley Posts: 139member
    marvfox wrote: »
    Samsung is a good company to deal with and their products last quite a long time.
    Yes they are cheap and convenient and sometimes they are good !
  • Reply 16 of 46
    d4njvrzfd4njvrzf Posts: 797member
    Quote:
    Originally Posted by EricTheHalfBee View Post



    The term "server" is pretty generic. Technically speaking, a single App that has one thread dedicated to "serving" requests made by other threads in the same App could be a server. Or a process running in iOS that serves requests by multiple Apps is also a server. Or the term most people think of - a separate physical machine somewhere on the Internet that serves numerous applications on numerous machines.



    The core concept to me is a separate process that analyzes data structures. It's irrelevant if it's inside the same App, part of the OS, or external (like Siri). It'd be a shame if Apple loses this because someone has a "strict" definition of what a server is.

    Would manually calling "find and replace" be considered an instance of a server? Linkify recognizes links in a body of text only because the programmer explicitly invokes "addLinks()" on the TextView:


    TextView noteView = (TextView) findViewById(R.id.noteview);
    noteView.setText(someContent);
    Linkify.addLinks(noteView, Linkify.ALL);

    http://android-developers.blogspot.com/2008/03/linkify-your-text.html

     

    And the developer documentation describes Linkify as essentially a collection of search-and-replace functions:

    "Linkify take a piece of text and a regular expression and turns all of the regex matches in the text into clickable links. " (http://developer.android.com/reference/android/text/util/Linkify.html) So it's up to the developer to decide what patterns he wants to search for; Linkify is just a general tool not unlike the unix sed utility. What part of this system would fall under the patent claims? Is it the part about using regular expressions? Since regular expressions were invented to let one search for any pattern, it would seem strange to prohibit one from using them to search for particular strings, such as "*.com" That would be like claiming that using quicksort to sort a particular array of integers is somehow novel or patentable when quicksort is designed to sort any array of items which can be ordered.

  • Reply 17 of 46
    jd mbajd mba Posts: 38member
    Court of Appeals really stuck it to Apple.
  • Reply 18 of 46
    tallest skiltallest skil Posts: 43,388member
    Originally Posted by hmm View Post

    I'll probably regret this, but who is Jackie?

     

     

    “Did I tell you to steal the iPhone? Who told you to steal the iPhone? No one told you to steal the iPhone!”

    “Is that going to be a problem, Jackie?”

    “Yeah, it’s gonna be a problem. It’s gonna be a problem for them!”

     

    Though, really, Samsung’s lawyers can be represented better by Lionel Hutz.

  • Reply 19 of 46
    davendaven Posts: 721member
    The term "server" is pretty generic. Technically speaking, a single App that has one thread dedicated to "serving" requests made by other threads in the same App could be a server. Or a process running in iOS that serves requests by multiple Apps is also a server. Or the term most people think of - a separate physical machine somewhere on the Internet that serves numerous applications on numerous machines.

    The core concept to me is a separate process that analyzes data structures. It's irrelevant if it's inside the same App, part of the OS, or external (like Siri). It'd be a shame if Apple loses this because someone has a "strict" definition of what a server is.

    That was exactly what I was thinking. But I wonder how the courts will define the term "server" if it is not explicitly defined in the patent application? Do they let it be broadly defined or strict such as a remote piece of hardware only? Seems to me that if Apple implements it in a certain way before the question came up that that method should be included in the definition where there is a question as it serves as an example on how the patent is implemented.
  • Reply 20 of 46
    darkvaderdarkvader Posts: 1,146member
    Quote:

    Originally Posted by hmm View Post

     



    I'll probably regret this, but who is Jackie?



    I clicked on the link. The author updates it somewhat here.

     

    http://phandroid.com/2014/04/21/galaxy-s5-ip67-meaning/

     

    I found that from your initial link. Anyway the protection doesn't sound all that useful. It's like what you used to get with cheap watches.


     

    It's certainly better than what you get with Apple.

     

    Samsung - makes an attempt to make devices water resistant.

     

    Apple - puts liquid contact indicators on devices so they can void your warranty.

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