|By Maureen O'Gara||
|December 10, 2012 06:45 AM EST||
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.
The last decade was about virtual machines, but the next one is about containers. Containers enable a service to run on any host at any time. Traditional tools are starting to show cracks because they were not designed for this level of application portability. Now is the time to look at new ways to deploy and manage applications at scale. In his session at 16th Cloud Expo, Jake Moshenko, Product Manager at CoreOS, examined how CoreOS + Quay.io fit into the development lifecycle from pushing gi...
Jul. 4, 2015 03:00 PM EDT Reads: 2,371
SYS-CON Events announced today that Harbinger Systems will exhibit at SYS-CON's 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Harbinger Systems is a global company providing software technology services. Since 1990, Harbinger has developed a strong customer base worldwide. Its customers include software product companies ranging from hi-tech start-ups in Silicon Valley to leading product companies in the US a...
Jul. 4, 2015 02:00 PM EDT Reads: 1,872
17th Cloud Expo, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterprises ar...
Jul. 4, 2015 02:00 PM EDT Reads: 896
The 17th International Cloud Expo has announced that its Call for Papers is open. 17th International Cloud Expo, to be held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, APM, APIs, Microservices, Security, Big Data, Internet of Things, DevOps and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding bu...
Jul. 4, 2015 12:30 PM EDT Reads: 938
The 5th International DevOps Summit, co-located with 17th International Cloud Expo – being held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the ...
Jul. 4, 2015 12:15 PM EDT Reads: 868
Containers have changed the mind of IT in DevOps. They enable developers to work with dev, test, stage and production environments identically. Containers provide the right abstraction for microservices and many cloud platforms have integrated them into deployment pipelines. DevOps and Containers together help companies to achieve their business goals faster and more effectively. In his session at DevOps Summit, Ruslan Synytsky, CEO and Co-founder of Jelastic, reviewed the current landscape of...
Jul. 4, 2015 12:00 PM EDT Reads: 2,430
Data center models are changing. A variety of technical trends and business demands are forcing that change, most of them centered on the explosive growth of applications. That means, in turn, that the requirements for application delivery are changing. Certainly application delivery needs to be agile, not waterfall. It needs to deliver services in hours, not weeks or months. It needs to be more cost efficient. And more than anything else, it needs to be really, dc infra axisreally, super focus...
Jul. 4, 2015 12:00 PM EDT Reads: 2,151
Discussions about cloud computing are evolving into discussions about enterprise IT in general. As enterprises increasingly migrate toward their own unique clouds, new issues such as the use of containers and microservices emerge to keep things interesting. In this Power Panel at 16th Cloud Expo, moderated by Conference Chair Roger Strukhoff, panelists addressed the state of cloud computing today, and what enterprise IT professionals need to know about how the latest topics and trends affect t...
Jul. 4, 2015 11:45 AM EDT Reads: 1,462
The most often asked question post-DevOps introduction is: “How do I get started?” There’s plenty of information on why DevOps is valid and important, but many managers still struggle with simple basics for how to initiate a DevOps program in their business. They struggle with issues related to current organizational inertia, the lack of experience on Continuous Integration/Delivery, understanding where DevOps will affect revenue and budget, etc. In their session at DevOps Summit, JP Morgenthal...
Jul. 4, 2015 11:00 AM EDT Reads: 1,003
[session] Dark Art of Container Monitoring By @Sysdig | @DevOpsSummit #DevOps #Docker #Containers #Microservices
Containers are revolutionizing the way we deploy and maintain our infrastructures, but monitoring and troubleshooting in a containerized environment can still be painful and impractical. Understanding even basic resource usage is difficult – let alone tracking network connections or malicious activity. In his session at DevOps Summit, Gianluca Borello, Sr. Software Engineer at Sysdig, will cover the current state of the art for container monitoring and visibility, including pros / cons and liv...
Jul. 4, 2015 10:00 AM EDT Reads: 961
Sharding has become a popular means of achieving scalability in application architectures in which read/write data separation is not only possible, but desirable to achieve new heights of concurrency. The premise is that by splitting up read and write duties, it is possible to get better overall performance at the cost of a slight delay in consistency. That is, it takes a bit of time to replicate changes initiated by a "write" to the read-only master database. It's eventually consistent, and it'...
Jul. 4, 2015 09:00 AM EDT Reads: 1,857
DevOps Summit, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 17th 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 development...
Jul. 4, 2015 08:45 AM EDT Reads: 978
"Plutora provides release and testing environment capabilities to the enterprise," explained Dalibor Siroky, Director and Co-founder of Plutora, in this SYS-CON.tv interview at @DevOpsSummit, held June 9-11, 2015, at the Javits Center in New York City.
Jul. 4, 2015 08:00 AM EDT Reads: 1,346
Overgrown applications have given way to modular applications, driven by the need to break larger problems into smaller problems. Similarly large monolithic development processes have been forced to be broken into smaller agile development cycles. Looking at trends in software development, microservices architectures meet the same demands. Additional benefits of microservices architectures are compartmentalization and a limited impact of service failure versus a complete software malfunction. ...
Jul. 4, 2015 07:30 AM EDT Reads: 1,227
Explosive growth in connected devices. Enormous amounts of data for collection and analysis. Critical use of data for split-second decision making and actionable information. All three are factors in making the Internet of Things a reality. Yet, any one factor would have an IT organization pondering its infrastructure strategy. How should your organization enhance its IT framework to enable an Internet of Things implementation? In his session at @ThingsExpo, James Kirkland, Red Hat's Chief Arch...
Jul. 4, 2015 07:00 AM EDT Reads: 1,044
IT data is typically silo'd by the various tools in place. Unifying all the log, metric and event data in one analytics platform stops finger pointing and provides the end-to-end correlation. Logs, metrics and custom event data can be joined to tell the holistic story of your software and operations. For example, users can correlate code deploys to system performance to application error codes. In his session at DevOps Summit, Michael Demmer, VP of Engineering at Jut, will discuss how this can...
Jul. 3, 2015 07:00 PM EDT Reads: 979
This week we're attending SYS-CON Event's DevOps Summit in New York City. It's a great conference and energy behind DevOps is enormous. Thousands of attendees from every company you can imagine are focused on automation, the challenges of DevOps, and how to bring greater agility to software delivery. But, even with the energy behind DevOps there's something missing from the movement. For all the talk of deployment automation, continuous integration, and cloud infrastructure I'm still not se...
Jul. 3, 2015 07:00 PM EDT Reads: 2,247
Manufacturing has widely adopted standardized and automated processes to create designs, build them, and maintain them through their life cycle. However, many modern manufacturing systems go beyond mechanized workflows to introduce empowered workers, flexible collaboration, and rapid iteration. Such behaviors also characterize open source software development and are at the heart of DevOps culture, processes, and tooling.
Jul. 2, 2015 02:15 PM EDT Reads: 1,037
SYS-CON Events announced today that JFrog, maker of Artifactory, the popular Binary Repository Manager, will exhibit at SYS-CON's @DevOpsSummit Silicon Valley, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Based in California, Israel and France, founded by longtime field-experts, JFrog, creator of Artifactory and Bintray, has provided the market with the first Binary Repository solution and a software distribution social platform.
Jul. 2, 2015 01:00 PM EDT Reads: 1,362
Conferences agendas. Event navigation. Specific tasks, like buying a house or getting a car loan. If you've installed an app for any of these things you've installed what's known as a "disposable mobile app" or DMA. Apps designed for a single use-case and with the expectation they'll be "thrown away" like brochures. Deleted until needed again. These apps are necessarily small, agile and highly volatile. Sometimes existing only for a short time - say to support an event like an election, the Wor...
Jul. 2, 2015 11:00 AM EDT Reads: 1,807