Showing posts with label claim. Show all posts
Showing posts with label claim. Show all posts

Friday, November 9, 2012

Judge to consider Samsung's juror misconduct claim in Apple suit

Judge to consider Samsung's juror misconduct claim in Apple suit
Apple and Samsung's 1,000 year war continues

It all comes down to this (maybe): during a Dec. 6 hearing, Calif. Judge Lucy Koh will examine Samsung's claim that the jury foreman in the ongoing patent suit with Apple "concealed information."

After Apple's $1.05 billion victory in August, Samsung appealed the decision with a slew of new arguments, chief among them one of jury misconduct.

Samsung alleged that Vel Hogan, the jury foreman in the case, failed to disclose that he was sued by Seagate, his former employer, and driven to bankruptcy in 1993.

Seagate and Samsung have a "substantial strategic relationship," according to Samsung, and it seems Samsung believes that could have swayed Hogan to influence the jury against it.

That's the idea at least

Samsung also claimed that Apple knew about Hogan's connection to Seagate, and failed to disclose it.

Judge Koh wrote, "At the December 6, 2012 hearing, the Court will consider the questions of whether the jury foreperson concealed information during voir dire, whether any concealed information was material, and whether any concealment constituted misconduct.

"An assessment of such issues is intertwined with the question of whether and when Apple had a duty to disclose the circumstances and timing of its discovery of information about the foreperson."

Here's the kicker

CNET reported on Thursday that "legal experts" maintain that it's difficult to get a trial thrown out based on jury misconduct alone.

Further (and here's the kicker): Hogan did disclose that he had been involved in litigation "with a former partner."

He did not disclose who that partner was, but as Hogan reportedly noted, he was not asked to.

Even if this juror misconduct claim won't stick, Samsung will surely have half a dozen more up its sleeves, so don't expect an end to this case any time soon (especially since Apple still wants another $707 million from Samsung).


Source : http://www.techradar.com/news/world-of-tech/judge-to-consider-samsungs-juror-misconduct-claim-in-apple-suit-1111478

Thursday, September 13, 2012

iPhone 5 'world's thinnest smartphone' claim in dispute

iPhone 5 'world's thinnest smartphone' claim in dispute
Should you measure the thinnest or thickest point?

Apple's claim that the iPhone 5 is the world's thinnest smartphone may not be true as Huawei and Oppo already offer up super-slender opposition.

During the iPhone 5 keynote yesterday Phil Schiller, Apple's senior VP of worldwide marketing, had this to say about the new handset: "It's the thinnest and lightest iPhone we've ever made, and best of all, it's the world's thinnest smartphone."

Sliding in at just 7.6mm, the new iPhone certainly has a slender body, but there seems to be thinner out there.

Huawei and Oppo may have a case

Back in January at CES 2012, Chinese manufacturer Huawei announced its Ascend P1 S, claiming at the time it was the world's thinnest smartphone, measuring 6.68mm at its thinnest point.

However the P1 S also features a bulge at one end, which Huawei were not so forth-coming about in terms of dimensions, so the reality could well be that at its thickest point it doesn't beat the iPhone 5 – rather misleading if you ask us.

But wait, another Chinese manufacturer may have a genuine claim, and it comes in the form of the little known Oppo Finder, measuring an impossible 6.65mm at its thinnest point, and more importantly 7.1mm at its thickest.

Sure it's not 4G enabled, nor is it currently available outside of China, but in terms of the "world's thinnest smartphone" claim, it's surely got Apple beat here.


Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/iphone-5-worlds-thinnest-smartphone-claim-in-dispute-1096941