Other than that, the global Apple v. Samsung battle royal continues. This week, a British appellate court ruled on the European incarnation of the case. So what’s the score between these tech titans?
Thus far, Apple has done alright in the U.S., but not so much in Japan. And now, let’s just say our European brethren may like Apple products as much as the rest of us, but they don’t worship at the altar of holy rounded corners as devoutly as Americans….
On the day the iPhone 5 became available to the public, I wrote a post asking if the new smartphone might be a sign of the IP apocalypse. I’m not the only one, apparently.
Finally, the rumblings of discontent within the tech and legal industries haved boiled over into the mainstream. The New York Times wrote an extensive front-page story yesterday, chronicling the intellectual property arms race gripping the industry.
A lot of the subjects in the piece may be familiar to Above the Law’s readers. We’ve covered Apple’s schizophrenic attitude towards patents and the America Invents Act (and how it could affect one’s ability to patent bedroom gymnastics).
But let’s take a closer look and put it all in context…
Since we last mentioned the new Above the Law App, sponsored by WestlawNext, more than 3,500 of you have downloaded it. To everyone else, what the heck are you waiting for? Not many things in life are free, but our app is!
With the new app, you can now check Above the Law from anywhere you want. Trapped in a doc review dungeon? Check the ATL app. Bored at a deposition? Check the ATL app. Have no fear, because now you can spend your days reading the pages of Above the Law from the carefree comfort of your own wireless devices without your employer snooping on you.
Quinn Emanuel, Samsung’s firm, has taken the jury misconduct route as a way to get the $1 billion dollar verdict tossed. How exactly does Samsung argue the jury — which returned a verdict after only two days, and originally tried to award damages on patents that weren’t infringed — screwed up?
Let’s just say loose lips sink ships, and might even scuttle billion-dollar patent verdicts….
Just as the new iPhone was announced last week, AT&T was making another, significantly less popular announcement. Although Apple will now allow iPhone owners to use FaceTime (a.k.a. the super-futuristic video phone feature) over the cellular network, instead of just WiFi, AT&T will not. Unless, of course, you buy into its new shared-data plan.
This morning, Free Press, Public Knowledge, and the New America Foundation’s Open Technology Institute announced it would file a complaint with the FCC alleging AT&T has violated net neutrality rules. Let’s see the details of the complaint as well as discuss why AT&T is wrong…
OMGGGG the new iPhone 5 was announced this morning! It’s the lightest, thinnest, bestest, fastest iPhone ever. It’s got a bigger screen, it fights crime, and it even picks up after your dog! Woooooo, Steve Jobs, you will never die in our hearts and minds and souls. <3333
OK, now that that’s out of the way, why do all you lawyers give a damn?
It was a big win for Apple, and it came surprisingly quickly. As Elie pointed out, it would take many smart people more than three days to even understand all the the terms within the 109 pages of jury instructions. Aside from the jury itself, it seemed no one was ready for the verdict. One attorney for Apple even showed up in a polo shirt.
Let’s have a post-mortem run through of the case (and a quick-and-dirty look at the massive attorneys’ fees incurred by both sides)….
What. A. Day. Long long ago, in a time before lunch, I again trekked down to San Jose to watch the closing arguments in Patent Super Bowl 2012: Apple v. Samsung. That, and go through the most boring morning of my life, as close to 40 attorneys, dozens of spectators, reporters, and the unseen masses in the overflow room, sat through a reading of 109 pages of jury instructions.
But after lunch, we finally got what we hoped for: four hours of impressive performances from Charles Verhoeven, Bill Lee, and Harold McElhinny. We’ve probably got a year’s worth of Quotes of the Day from this afternoon, but by the end of the day, one phrase, one idea was abundantly clear: “The world is watching.”
Well, it’s that time. Cue the Gladiator theme. Testimony in Apple v. Samsung is over, and closing statements are tomorrow. Any and all attempts at settlement have failed epically. Assuming I can get a seat, I’ll be down in San Jose watching and tweeeting the proceedings tomorrow. First, let’s take a look at some predictive analysis of how the world could change depending on who wins the jury’s favor.
It’s still anyone’s ball game, so journo-pundits, unleash the hyperbole and high-minded rhetoric!
Every day it seems the Apple v. Samsung trial couldn’t get any more exciting, but somehow every day, the court proceedings seem to ratchet up the ridiculousness. Samsung has rested its case, and commentators expect closing arguments to happen on Tuesday.
But the trial won’t close out quietly. The vitriol from all sides shows no signs of slowing down — least of all from Judge Lucy Koh, who has quite simply had it up to here with the tech giants’ bickering.
Yesterday she again tried to convince the parties to settle, without much success. Today, the judicial badass inquired as to whether or not counsel was on drugs. Good times!
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: