I M Kavya

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Date Submitted: 10/04/2013 11:12 PM

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 was the first of a series of ongoing lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers; between them, the companies made more than half of smartphones sold worldwide as of July 2012.[1] In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, while Apple and Motorola Mobility were already engaged in a patent waron several fronts.[2] Apple's multinational litigation over technology patents became known as part of the mobile device "smartphone patent wars": extensive litigation in fierce competition in the global market for consumer mobile communications.[3] By August 2011, Apple and Samsung were litigating 19 ongoing cases in nine countries; by October, the legal disputes expanded to ten countries.[4][5] By July 2012, the two companies were still embroiled in more than 50 lawsuits around the globe, with billions of dollars in damages claimed between them.[6] While Apple won a ruling in its favor in the U.S., Samsung won rulings in South Korea, Japan, and the UK. On June 4, 2013, Samsung won a limited ban from the U.S. International Trade Commission on sales of certain Apple products after the commission found Apple had violated a Samsung patent,[7] but this was vetoed by U.S. Trade Representative Michael Froman.[8]

1 First trial appeal[edit]

There was an interview given by the jury foreman,[64] where, at the 3 minute mark in the video, the jury foreman Hogan said: "the software on the Apple side could not be placed into the processor on the prior art and vice versa, and that means they are not interchangeable," and at the 2:42-2:45 minute mark, in which Hogan states "each patent had a different legal premise." Groklaw reported that this interview indicates the jury may have awarded inconsistent damages and ignored the instructions given to them.[65] In an article on Gigaom, Jeff John Roberts contended that the case suggests that juries should not be allowed to...