This follows a ruling at the end of last month by the U.S. Federal Circuit Court of Appeals that U.S. District Judge Lucy Koh could decide whether or not to lift the ban on U.S. sales of Samsung’s Galaxy Tab 10.1-inch tablet. Koh had previously refused to rule on the matter.
“We are pleased with the court’s action today, which vindicates our position that there was no infringement of Apple’s design patent and that an injunction was not called for,” Samsung is reported as saying in a statement.
We’ve contacted Apple and Samsung for further comment and will update with any response. Samsung provided the following statement: “On September 28, 2012, the U.S. Court of Appeals for the Federal Circuit made a ruling, permitting the U.S. District Court for the Northern District of California to consider our request to lift the preliminary injunction on the GALAXY Tab 10.1. We will continue to take all appropriate measures to ensure the availability of our innovative products.”
Apple filed for a preliminary injunction against Samsung’s Galaxy Tab 10.1 tablet back in May ahead of the trial. In the U.S. the dispute focuses on the iPad D’889 design patent — Apple’s trade dress — but the jury in the Apple vs Samsung trial subsequently decided Samsung’s Galaxy Tab 10.1 had not infringed this design patent, effectively invalidating the earlier ruling banning U.S. sales.
However it’s not necessary the end of the road for the Tab 10.1 design disputes — FOSS Patents’ Florian Mueller notes that after a hearing scheduled for early December Apple can still win a permanent injunction against Samsung’s slate “over the D’889 tablet design patent if it prevails on the related part of its Rule 50 (“overrule-the-jury”) motion”.
Apple won an E.U.-wide preliminary injunction against the Galaxy Tab 10.1 last year – although this was subsequently lifted in all countries except Germany, where the sales ban was granted. The dispute over the Galaxy Tab 10.1 in the E.U. rested on Apple’s Community Design 000181607 for the iPad.Related Posts:
We’re hearing from a reliable source that OnLive’s founder and CEO Steve Perlman finally decided to make an exit — and in the process, is screwing the employees who helped build the company and brand. The cloud gaming company reportedly had several suitors over the last few years (perhaps including Microsoft) but Perlman reportedly held tight control over the company, apparently not wanting to sell or share any of OnLive’s secret sauce.
Our source tells us that the buyer wants all of OnLive’s assets — the intellectual property, branding, and likely patents — but the plan is to keep the gaming company up and running. However, OnLive management cleaned house today, reportedly firing nearly the entire staff, and we hear it was done just to reduce the company’s liability, thus reducing employee equity to practically zero. Yeah, it’s a massive dick move.
OnLive hit the gaming world hard when it launched in 2009. Promising playable games there were lag free, OnLive moved gaming to the cloud. The service took some time to gain traction but finally hit its stride last year with the addition of several top-tier titles. It was rumored in June that even Microsoft considered buying the company. Some even thought OnLive would be a good fit within Sony — until Sony bought OnLive competitor Gaikai last month instead.
“Sony Computer Entertainment will deliver a world-class cloud-streaming service” Andrew House, president and group CEO of SCE said last month. Sony paid $ 380M for Gaikai, a cloud gaming company with nearly zero brand recognition. OnLive could have gone for a lot more.
For an upstart cloud gaming service, OnLive has done relatively well for itself. The company initially outed only one cloud gaming console, but quickly embraced others. The software works with most Android tablets, ships preinstalled on Vizio TVs (and its new Co Star Google TV), and is available for the iPad and computer desktops.
We reached out to OnLive for comment but the company will neither confirm nor deny the claim. All the PR rep was willing to say was that the aforementioned Vizio Co Star launches today. The company also would not comment on the layoffs but Martyn Williams tweeted seeing OnLive staffers leaving their office carry boxes. These people likely just lost their jobs and equity prior to OnLive’s exit.
Update: OnLive provided TechCrunch the statement below. Like earlier reports suggested, it sounds like OnLive Inc. was dissolved and a new company, OnLive Inc 2 or something of the sort, will continue in its place and is likely backed by new investors. The statement indicates that “a large percentage of OnLive Inc.’s staff” will be hired by this new company, which will then hire more people. But there’s no word on if the original employees completely lost their equity. No matter how OnLive spins this move, it’s still looks shady to me.
We can now confirm that the assets of OnLive, Inc. have been acquired into a newly-formed company and is backed by substantial funding, and which will continue to operate the OnLive Game and Desktop services, as well as support all of OnLive’s apps and devices, as well as game, productivity and enterprise partnerships. The new company is hiring a large percentage of OnLive, Inc.’s staff across all departments and plans to continue to hire substantially more people, including additional OnLive employees. All previously announced products and services, including those in the works, will continue and there is no expected interruption of any OnLive services.
We apologize that we were unable to comment on this transaction until it completed, and were limited to reporting on news related to OnLive’s businesses. Now that the transaction is complete, we are able to make this statement.
Samsung may have convinced Judge Koh to toss a few international handsets out of Apple’s lawsuit, but the Korean firm still has Cupertino’s patent licensing accusations to contend with. Their tactic? Convince the court that Apple’s claim to the inventions are invalid, and that the technology was developed prior to the disputed patent’s filing. It’s called showing “prior art,” and Sammy’s done it before — famously showing a scene from 2001: A Space Odyssey in an attempt to put Apple’s iPad design claims to rest. Today’s examples were more grounded in reality, focusing on debunking Cupertino’s claim to the “bounce back” effect that happens when a user reaches the end of a page and common multitouch zoom / navigation gestures.
Samsung pitted the famous “bounce back” feature against an old PocketPC interface called LaunchTile, which allowed users to navigate through 36 applications by zooming in and out and a panning across a grid-like “world view” of said apps. Movement between grids snap to each zone, marking the end of a page. Apple shot back, noting that LiveTile’s snapping navigation didn’t work on diagonals, and cited other differences as well. Samsung wasn’t deterred, however, and brought out DiamondTouch, a projector based multitouch table that utilized both one touch scrolling and pinch-based zoom gestures. The table even takes aim at the aforementioned bounce-back patent with a technology called TableCloth, which bounces back images that are pulled off screen. DiamondTouch’s creator, Adam Bogue, told the court that he had demoed the technology to Apple privately back in 2003, noting that it was also available to anyone who visited the Mitsubishi Electronic Research Laboratories’ lobby.
If the jury takes to Samsung’s claims of prior art, it could severely cut Apple’s claims against it. Even so, Cupertino’s lawyers aren’t going down without a fight, and still have a number of navigation and design claims that Samsung hasn’t addressed. The two parties are expected to keep up the fight for about a week, we’ll keep you posted on the inevitable revelations as they come.
Microsoft’s Windows 8 Pro upgrade offer will also apply to users of the Release Preview edition, the company has revealed. The deal, that lets Windows XP, Windows Vista, and Windows 7 users upgrade to Windows 8 Pro for $ 39.99, will be offered to Release Preview users once the final version is available. However, a previous valid license of Windows will be required for upgrade eligibility.
Microsoft tells us that if you had a “previous version of Windows that qualified on the PC already and installed Windows 8 Release Preview on top of it, you still qualify for the upgrade,” because of the previous installation of Windows. Users who clean install a version of Release Preview “on top” of a previous version of Windows (Xp, Vista, Windows 7)…
“Entering terminal count autosequence. 60 seconds to engine fire. #DragonLaunch,” tweeted Elon Musk as his space company was less than a minute away from it’s historic flight. But the launch didn’t happen. Nothing happened as longtime NASA commentator George Diller counted down the seconds, “3..2..1……We’ve had a cutoff. Liftoff did not occur.” Musk tweeted 11 minutes later at 5:06am EDT, “Launch aborted: slightly high combustion chamber pressure on engine 5. Will adjust limits for countdown in a few days.”
The SpaceX Falcon 9 rocket was literally a half second away from launching. NASA is still inspecting the engine but early reports, tweeted by both Musk and NASA, state that the chamber pressure on engine 5 was abnormally high, causing the rocket’s on-board computer to abort the launch.
SpaceX was on the cusp of making history and becoming the first privately owned institution to dock a capsule with the International Space Station. Only governments, the US, Russia and Japan, have so far accomplished this task. SpaceX is hoping to take over the transport duties from NASA starting first with cargo but eventually shuttling personnel between terra firma and the ISS.
This isn’t SpaceX’s first space rodeo. The company has been launching its Falcon rockets since 2006 although the first flight of a Falcon 1 failed a few seconds in. The rocket on the launchpad today, a Falcon 9, saw a successful first flight in 2010.
Today’s launch, while cut short, will likely (hopefully) just be a footnote in SpaceX history. The company is set to try again in the coming days. The next launch attempt will come on May 22 but it could be pushed to May 23 according to some reports.
$ 10 says it’s an iPhone 5 case.
AFP is reporting Philippe Stark and Apple have teamed up on a project that Starck called “fairly, if not very, revolutionary.” The project is said to drop in time for Christmas.
However that’s where the fun info stops. No other details were given including the nature or scope of this so-called revolutionary project. It could anything from a new consumer product to a “revolutionary” design element of the new Apple HQ. And for what it’s worth, Apple already has their own powerhouse designer in Sir Jonathan Ive.
Starck himself revealed this info to a French radio station today. It’s unclear if it was an unintentional slip or an announcement sanctioned by Apple. But Starck apparently knows Apple. Several of his products are sold in Apple Stores. In fact the designer revealed that he had a personal relationship with Steve Jobs. The two apparently met on a monthly basis for seven years and Starck still returns to Palo Alto to see Laurene Jobs.
Nearly anything could come of this partnership. Starck’s designs and products range from street lights to cutlery to headphones to super yachts. The man and his design firm are apparently comfortable rethinking nearly anything — just like Apple. But if it’s true that said upcoming project is supposed to hit before Christmas, the most important retail time of year, then it’s likely a new consumer product. The Apple HDTV? Perhaps.