Microservices Expo Authors: Elizabeth White, Dana Gardner, TJ Randall, Pat Romanski, Hollis Tibbetts

Related Topics: Wearables, Java IoT, Mobile IoT, Microservices Expo, API Journal, Agile Computing

Wearables: Article

Apple & Samsung Argue over Record Verdict

Samsung wants the jury verdict finding it ripped off the iPhone overturned or the $1.05 billion judgment against it reduced

Apple and Samsung were back in district court in California Thursday.

Samsung wants the jury verdict finding it ripped off the iPhone overturned or the $1.05 billion judgment against it reduced. It's one of the largest decisions ever in an IP case.

Apple, which says its future depends on differentiation, wants the judgment increased to $1.77 billion for willful infringement and eight of Samsung aging widgets permanently enjoined.

It also wants the jury verdict that the iPad wasn't infringed overturned.

Samsung wants an entirely new trial claiming the jury was tainted by the foreman Velvin Hogan who "deliberately concealed information" about a lawsuit with hard drive-maker Seagate nearly 20 years ago that resulted in his filing for bankruptcy.

Samsung subsequently bought a minority piece of Seagate and claims Apple's lawyers knew about Hogan's situation and didn't disclose it to gain "a tactical advantage."

It also claims Hogan's comments to reporters after the verdict raise the possibility he gave jurors bad advice about how to apply the law.

If Samsung doesn't get what it wants it's going to appeal.

Meanwhile, although Samsung says it has "no intention" of reaching a similar settlement, the bones of the surprise 10-year licensing agreement cut in November between Apple and HTC, another Android device maker, have been disclosed as part of the Samsung litigation.

For a price Apple is broadly letting HTC use its pinch-to-zoom, tap-to-zoom and slide-to-unlock features, but drew the line at other innovations like rubber-banding and all its design patents.

Unfortunately the terms of the settlement are redacted so it's unclear how much Apple demanded for the concession.

However, like Apple's patent deal with Microsoft, HTC has agreed not to clone Apple products.

The deal is non-exclusive, non-transferable and non-sublicensable. Apple has agreed not to sue HTC over certain covered products, but the specific products are redacted.

FOSS Patents says, "The Apple-HTC agreement defines a very important term: Distinctive Apple User Experience. That's what Apple seeks to protect and that's something that is not for sale."

Apple has agreed to go to arbitration with any cloning claim.

On the other hand, if the official Android spec requires HTC to implement certain functionality, Apple can't exercise its anti-cloning rights. Apple would have to sue Google directly.

FOSS says, "Apple is obviously not afraid of Google. Otherwise it would never have sued HTC and other Google partners, and wouldn't continue to be suing a wholly owned Google subsidiary, Motorola Mobility."

Of course Samsung can now argue that the pinch-to-zoom patent can't be used to ban its products and that Apple's willingness to license its patents should weigh against its claims of irreparable harm from continued infringement.

Apple can retort that it hasn't waived all its rights to seek injunctive relief.

FOSS says, "By ordering an injunction, Judge Koh would give Apple leverage and increase the likelihood of Samsung agreeing to an HTC-like agreement. By denying an injunction, she would allow Samsung to clone the Distinctive Apple User Experience, and would have to determine the amount Samsung would have to pay for continued infringement."

The deal doesn't limit Apple's use of HTC's patents.

AllThingsD and CNET have published the latest redaction of the HTC agreement. The black ink appears to cover more than just the royalty rates that HTC must pay Apple.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.

@MicroservicesExpo Stories
@DevOpsSummit has been named the ‘Top DevOps Influencer' by iTrend. iTrend processes millions of conversations, tweets, interactions, news articles, press releases, blog posts - and extract meaning form them and analyzes mobile and desktop software platforms used to communicate, various metadata (such as geo location), and automation tools. In overall placement, @DevOpsSummit ranked as the number one ‘DevOps Influencer' followed by @CloudExpo at third, and @MicroservicesE at 24th.
JetBlue Airways uses virtual environments to reduce software development costs, centralize performance testing, and create a climate for continuous integration and real-time monitoring of mobile applications. The next BriefingsDirect Voice of the Customer performance engineering case study discussion examines how JetBlue Airways in New York uses virtual environments to reduce software development costs, centralize performance testing, and create a climate for continuous integration and real-tim...
At its core DevOps is all about collaboration. The lines of communication must be opened and it takes some effort to ensure that they stay that way. It’s easy to pay lip service to trends and talk about implementing new methodologies, but without action, real benefits cannot be realized. Success requires planning, advocates empowered to effect change, and, of course, the right tooling. To bring about a cultural shift it’s important to share challenges. In simple terms, ensuring that everyone k...
SYS-CON Events announced today that SoftNet Solutions will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. SoftNet Solutions specializes in Enterprise Solutions for Hadoop and Big Data. It offers customers the most open, robust, and value-conscious portfolio of solutions, services, and tools for the shortest route to success with Big Data. The unique differentiator is the ability to architect and ...
A completely new computing platform is on the horizon. They’re called Microservers by some, ARM Servers by others, and sometimes even ARM-based Servers. No matter what you call them, Microservers will have a huge impact on the data center and on server computing in general. Although few people are familiar with Microservers today, their impact will be felt very soon. This is a new category of computing platform that is available today and is predicted to have triple-digit growth rates for some ...
As the world moves toward more DevOps and Microservices, application deployment to the cloud ought to become a lot simpler. The Microservices architecture, which is the basis of many new age distributed systems such as OpenStack, NetFlix and so on, is at the heart of Cloud Foundry - a complete developer-oriented Platform as a Service (PaaS) that is IaaS agnostic and supports vCloud, OpenStack and AWS. Serverless computing is revolutionizing computing. In his session at 19th Cloud Expo, Raghav...
SYS-CON Events announced today that Transparent Cloud Computing (T-Cloud) Consortium will exhibit at the 19th International Cloud Expo®, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. The Transparent Cloud Computing Consortium (T-Cloud Consortium) will conduct research activities into changes in the computing model as a result of collaboration between "device" and "cloud" and the creation of new value and markets through organic data proces...
So you think you are a DevOps warrior, huh? Put your money (not really, it’s free) where your metrics are and prove it by taking The Ultimate DevOps Geek Quiz Challenge, sponsored by DevOps Summit. Battle through the set of tough questions created by industry thought leaders to earn your bragging rights and win some cool prizes.
More and more companies are looking to microservices as an architectural pattern for breaking apart applications into more manageable pieces so that agile teams can deliver new features quicker and more effectively. What this pattern has done more than anything to date is spark organizational transformations, setting the foundation for future application development. In practice, however, there are a number of considerations to make that go beyond simply “build, ship, and run,” which changes ho...
In case you haven’t heard, the new hotness in app architectures is serverless. Mainly restricted to cloud environments (Amazon Lambda, Google Cloud Functions, Microsoft Azure Functions) the general concept is that you don’t have to worry about anything but the small snippets of code (functions) you write to do something when something happens. That’s an event-driven model, by the way, that should be very familiar to anyone who has taken advantage of a programmable proxy to do app or API routing ...
Analysis of 25,000 applications reveals 6.8% of packages/components used included known defects. Organizations standardizing on components between 2 - 3 years of age can decrease defect rates substantially. Open source and third-party packages/components live at the heart of high velocity software development organizations. Today, an average of 106 packages/components comprise 80 - 90% of a modern application, yet few organizations have visibility into what components are used where.
SYS-CON Events announced today that Enzu will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Enzu’s mission is to be the leading provider of enterprise cloud solutions worldwide. Enzu enables online businesses to use its IT infrastructure to their competitive advantage. By offering a suite of proven hosting and management services, Enzu wants companies to focus on the core of their online busine...
With emerging ideas, innovation, and talents, the lines between DevOps, release engineering, and even security are rapidly blurring. I invite you to sit down for a moment with Principle Consultant, J. Paul Reed, and listen to his take on what the intersection between these once individualized fields entails, and may even foreshadow.
In many organizations governance is still practiced by phase or stage gate peer review, and Agile projects are forced to accommodate, which leads to WaterScrumFall or worse. But governance criteria and policies are often very weak anyway, out of date or non-existent. Consequently governance is frequently a matter of opinion and experience, highly dependent upon the experience of individual reviewers. As we all know, a basic principle of Agile methods is delegation of responsibility, and ideally ...
Monitoring of Docker environments is challenging. Why? Because each container typically runs a single process, has its own environment, utilizes virtual networks, or has various methods of managing storage. Traditional monitoring solutions take metrics from each server and applications they run. These servers and applications running on them are typically very static, with very long uptimes. Docker deployments are different: a set of containers may run many applications, all sharing the resource...
When we talk about the impact of BYOD and BYOA and the Internet of Things, we often focus on the impact on data center architectures. That's because there will be an increasing need for authentication, for access control, for security, for application delivery as the number of potential endpoints (clients, devices, things) increases. That means scale in the data center. What we gloss over, what we skip, is that before any of these "things" ever makes a request to access an application it had to...
Virgil consists of an open-source encryption library, which implements Cryptographic Message Syntax (CMS) and Elliptic Curve Integrated Encryption Scheme (ECIES) (including RSA schema), a Key Management API, and a cloud-based Key Management Service (Virgil Keys). The Virgil Keys Service consists of a public key service and a private key escrow service. 

The best way to leverage your Cloud Expo presence as a sponsor and exhibitor is to plan your news announcements around our events. The press covering Cloud Expo and @ThingsExpo will have access to these releases and will amplify your news announcements. More than two dozen Cloud companies either set deals at our shows or have announced their mergers and acquisitions at Cloud Expo. Product announcements during our show provide your company with the most reach through our targeted audiences.
In his general session at 19th Cloud Expo, Manish Dixit, VP of Product and Engineering at Dice, will discuss how Dice leverages data insights and tools to help both tech professionals and recruiters better understand how skills relate to each other and which skills are in high demand using interactive visualizations and salary indicator tools to maximize earning potential. Manish Dixit is VP of Product and Engineering at Dice. As the leader of the Product, Engineering and Data Sciences team a...
SYS-CON Events announced today that eCube Systems, the leading provider of modern development tools and best practices for Continuous Integration on OpenVMS, will exhibit at SYS-CON's @DevOpsSummit at Cloud Expo New York, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. eCube Systems offers a family of middleware products and development tools that maximize return on technology investment by leveraging existing technical equity to meet evolving business needs. ...