|By Maureen O'Gara||
|September 24, 2012 08:00 AM EDT||
Apple wants the judge who presided over its case against Samsung for egregious copying to tack another $707 million in damages onto the jury’s $1.05 billion verdict and really, really wants a permanent injunction on Korean products that infringe its patents, including Samsung’s new flagship Galaxy S III phone.
Samsung wants a whole new trial claiming the judge threw out too much of its evidence to be fair and that Apple didn’t present convincing evidence of intentional infringement, certainly not enough to warrant treble damages.
It complained that “The Court’s constraints on trial time, witnesses and exhibits were unprecedented for a patent case of this complexity and magnitude, and prevented Samsung from presenting a full and fair case in response to Apple’s many claims.”
It wants “a new trial enabling adequate time and even-handed treatment of the parties.” It at least wants the damages lowered to around $35 million.
It complained about patent law being “manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies.”
Apple filed Friday seeking $400 million more for design infringement; $135 million for willful infringement of its utility patents by five phones and two tablets; $121 million in supplemental damages based on Samsung product sales not covered in the jury’s deliberations; and $50 million in pre- judgment interest on damages through December 31. That makes another $707,061,678 for the moment.
It said it wanted an amount that reflects “a rational and fair effort to address Samsung’s willful misconduct that has and will impose lasting harm on Apple.”
It figures “Samsung made a calculated business decision to copy the industrial designs, graphical user interfaces, and touchscreen navigation technology of the iPhone and iPad” and “has reaped extraordinary rewards from its wrongful sale of iPhone and iPad clones by taking market share, revenues and profits from Apple,” adding that the “massive damage to the iPhone’s distinctive product identity caused by Samsung’s sale of millions of iPhone clones is irreversible.”
Samsung is supposed to have 33% of the global smartphone market to Apple’s 17%.
District Judge Lucy Koh may have some answers on December 6. Samsung says it will appeal if Koh rebuffs its demands.
FOSS Patents said the jury ordered Samsung to disgorge profits on products that were found to infringe technical patents and you can only do that under US patent law with respect to design patents. It says an award of $57.9 million will have to be adjusted. Samsung also couldn’t figure out how the jury arrived at damages of $833,076 for the Galaxy Tab 10.1 (WiFi).
The rise of containers and microservices has skyrocketed the rate at which new applications are moved into production environments today. While developers have been deploying containers to speed up the development processes for some time, there still remain challenges with running microservices efficiently. Most existing IT monitoring tools don’t actually maintain visibility into the containers that make up microservices. As those container applications move into production, some IT operations t...
Feb. 27, 2017 10:30 PM EST Reads: 1,546
We call it DevOps but much of the time there’s a lot more discussion about the needs and concerns of developers than there is about other groups. There’s a focus on improved and less isolated developer workflows. There are many discussions around collaboration, continuous integration and delivery, issue tracking, source code control, code review, IDEs, and xPaaS – and all the tools that enable those things. Changes in developer practices may come up – such as developers taking ownership of code ...
Feb. 27, 2017 09:45 PM EST Reads: 2,996
For organizations that have amassed large sums of software complexity, taking a microservices approach is the first step toward DevOps and continuous improvement / development. Integrating system-level analysis with microservices makes it easier to change and add functionality to applications at any time without the increase of risk. Before you start big transformation projects or a cloud migration, make sure these changes won’t take down your entire organization.
Feb. 27, 2017 07:45 PM EST Reads: 1,631
As Enterprise business moves from Monoliths to Microservices, adoption and successful implementations of Microservices become more evident. The goal of Microservices is to improve software delivery speed and increase system safety as scale increases. Documenting hurdles and problems for the use of Microservices will help consultants, architects and specialists to avoid repeating the same mistakes and learn how and when to use (or not use) Microservices at the enterprise level. The circumstance w...
Feb. 27, 2017 06:45 PM EST Reads: 1,983
SYS-CON Events announced today that Catchpoint Systems, Inc., a provider of innovative web and infrastructure monitoring solutions, has been named “Silver Sponsor” of SYS-CON's DevOps Summit at 18th Cloud Expo New York, which will take place June 7-9, 2016, at the Javits Center in New York City, NY. Catchpoint is a leading Digital Performance Analytics company that provides unparalleled insight into customer-critical services to help consistently deliver an amazing customer experience. Designed ...
Feb. 27, 2017 05:45 PM EST Reads: 718
@DevOpsSummit at Cloud taking place June 6-8, 2017, at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long developm...
Feb. 27, 2017 12:45 PM EST Reads: 2,146
SYS-CON Events announced today that Outlyer, a monitoring service for DevOps and operations teams, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Outlyer is a monitoring service for DevOps and Operations teams running Cloud, SaaS, Microservices and IoT deployments. Designed for today's dynamic environments that need beyond cloud-scale monitoring, we make monitoring effortless so you...
Feb. 27, 2017 11:45 AM EST Reads: 2,579
Cloud Expo, Inc. has announced today that Andi Mann and Aruna Ravichandran have been named Co-Chairs of @DevOpsSummit at Cloud Expo 2017. The @DevOpsSummit at Cloud Expo New York will take place on June 6-8, 2017, at the Javits Center in New York City, New York, and @DevOpsSummit at Cloud Expo Silicon Valley will take place Oct. 31-Nov. 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
Feb. 27, 2017 11:30 AM EST Reads: 2,597
SYS-CON Events announced today that CA Technologies has been named “Platinum Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY, and the 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. CA Technologies helps customers succeed in a future where every business – from apparel to energy – is being rewritten by software. From ...
Feb. 27, 2017 11:15 AM EST Reads: 2,894
DevOps and microservices are permeating software engineering teams broadly, whether these teams are in pure software shops but happen to run a business, such Uber and Airbnb, or in companies that rely heavily on software to run more traditional business, such as financial firms or high-end manufacturers. Microservices and DevOps have created software development and therefore business speed and agility benefits, but they have also created problems; specifically, they have created software securi...
Feb. 27, 2017 11:00 AM EST Reads: 4,301
The emerging Internet of Everything creates tremendous new opportunities for customer engagement and business model innovation. However, enterprises must overcome a number of critical challenges to bring these new solutions to market. In his session at @ThingsExpo, Michael Martin, CTO/CIO at nfrastructure, outlined these key challenges and recommended approaches for overcoming them to achieve speed and agility in the design, development and implementation of Internet of Everything solutions with...
Feb. 27, 2017 10:00 AM EST Reads: 8,074
DevOps is often described as a combination of technology and culture. Without both, DevOps isn't complete. However, applying the culture to outdated technology is a recipe for disaster; as response times grow and connections between teams are delayed by technology, the culture will die. A Nutanix Enterprise Cloud has many benefits that provide the needed base for a true DevOps paradigm. In his general session at 20th Cloud Expo, Chris Brown, a Solutions Marketing Manager at Nutanix, will explore...
Feb. 27, 2017 09:45 AM EST Reads: 1,933
This week's news brings us further reminders that if you're betting on cloud, you're headed in the right direction. The cloud is growing seven times faster than the rest of IT, according to IDC, with a 25% spending increase just from 2016 to 2017. SaaS still leads the pack, with an estimated two-thirds of public cloud spending going that way. Large enterprises, with more than 1,000 employees, are predicted to account for more than half of cloud spending and have the fastest annual growth rate.
Feb. 27, 2017 09:30 AM EST Reads: 1,261
All clouds are not equal. To succeed in a DevOps context, organizations should plan to develop/deploy apps across a choice of on-premise and public clouds simultaneously depending on the business needs. This is where the concept of the Lean Cloud comes in - resting on the idea that you often need to relocate your app modules over their life cycles for both innovation and operational efficiency in the cloud. In his session at @DevOpsSummit at19th Cloud Expo, Valentin (Val) Bercovici, CTO of Soli...
Feb. 27, 2017 09:15 AM EST Reads: 1,558
Microservices are a very exciting architectural approach that many organizations are looking to as a way to accelerate innovation. Microservices promise to allow teams to move away from monolithic "ball of mud" systems, but the reality is that, in the vast majority of organizations, different projects and technologies will continue to be developed at different speeds. How to handle the dependencies between these disparate systems with different iteration cycles? Consider the "canoncial problem" ...
Feb. 27, 2017 06:00 AM EST Reads: 6,228
After more than five years of DevOps, definitions are evolving, boundaries are expanding, ‘unicorns’ are no longer rare, enterprises are on board, and pundits are moving on. Can we now look at an evolution of DevOps? Should we? Is the foundation of DevOps ‘done’, or is there still too much left to do? What is mature, and what is still missing? What does the next 5 years of DevOps look like? In this Power Panel at DevOps Summit, moderated by DevOps Summit Conference Chair Andi Mann, panelists l...
Feb. 27, 2017 05:00 AM EST Reads: 7,498
When building DevOps or continuous delivery practices you can learn a great deal from others. What choices did they make, what practices did they put in place, and how did they connect the dots? At Sonatype, we pulled together a set of 21 reference architectures for folks building continuous delivery and DevOps practices using Docker. Why? After 3,000 DevOps professionals attended our webinar on "Continuous Integration using Docker" discussing just one reference architecture example, we recogn...
Feb. 27, 2017 04:00 AM EST Reads: 2,840
Hardware virtualization and cloud computing allowed us to increase resource utilization and increase our flexibility to respond to business demand. Docker Containers are the next quantum leap - Are they?! Databases always represented an additional set of challenges unique to running workloads requiring a maximum of I/O, network, CPU resources combined with data locality.
Feb. 27, 2017 03:00 AM EST Reads: 2,400
Thanks to Docker and the DevOps revolution, microservices have emerged as the new way to build and deploy applications — and there are plenty of great reasons to embrace the microservices trend. If you are going to adopt microservices, you also have to understand that microservice architectures have many moving parts. When it comes to incident management, this presents an important difference between microservices and monolithic architectures. More moving parts mean more complexity to monitor an...
Feb. 27, 2017 02:00 AM EST Reads: 1,904
In recent years, containers have taken the world by storm. Companies of all sizes and industries have realized the massive benefits of containers, such as unprecedented mobility, higher hardware utilization, and increased flexibility and agility; however, many containers today are non-persistent. Containers without persistence miss out on many benefits, and in many cases simply pass the responsibility of persistence onto other infrastructure, adding additional complexity.
Feb. 27, 2017 01:15 AM EST Reads: 1,788