iCourt: Season 2?

*Samsung calls for new trial, Apple seeks $707 million more in damages

By Kim Yoo-chul, Cho Mu-hyun

Samsung Electronics has officially requested a U.S. court to throw out a decision by a San Jose jury, which found the Korean technology giant guilty of copying the look and feel of Apple’s iPhones and iPads.

In legal papers submitted to U.S. Federal Judge Lucy Koh late Friday (local time), Samsung claimed the need for a new trial because it believes the jury’s verdict to award $1.05 billion to Apple in damages wasn’t backed sufficiently by testimony and evidence. Apple wasn’t pulling any punches either as it filed for an additional $707 million from Samsung in damages and interest.

``Because the jury verdict form didn’t allow identification of damages on a claim-by-claim basis (per Apple’s request), if even one patent infringement or trade dress issue is overturned on a judgment as a matter of law (JMOL), then the Court needs to vacate the entire damages amount,’’ read Samsung’s letters, which were exclusively obtained by The Korea Times.

``Because the jury verdict form awarded Apple by totaling a single damages number for each product found for patent infringement and/or trade dilution and failed to distinguish reasonable royalty, lost profits and Samsung’s profits, the jury’s award is unclear and therefore should be reversed.’’

Samsung argued that Apple representatives failed to provide sufficient evidence to support the company’s claims of patent infringement and damages over trade dress dilution. It also said that the claims that Samsung gained $950 million from infringing on Apple’s patents and Apple lost $91 million from it were never supported by clear-cut evidence or testimony. Samsung is also demanding Apple to prove it lost $9 million in royalties income.

``Over 90 percent of the jury’s total damages award is attributable to the jury taking 40 percent of what Apple claimed were Samsung’s profits, but Apple failed to show that the infringing features were worth 40 percent of total profits,’’ Samsung said.

According to Samsung, some of Apple patents such as the rounded corners of D’677, black surface of D’087 and GUI of D’305 are minor features among many functions and sophisticated technology that make up today’s smartphones.

``Apple at most has the right to these minor features, rather than to the entire smartphone,’’ it said, adding Apple’s own study showed that only 1 percent of iPhone users said that design and color is the reason they chose a phone and just 5 percent of respondents to the JD Power study identified visual appeal for why they purchased a phone.

``Apple failed to show that the patented features drive consumers to buy the accused’s products rather than the many other functions and sophisticated technology of Samsung’s smartphones. Apple failed to show enough capacity to make additional iPhones and iPads … Apple’s expert provided only one lost profits number per accused product assuming that each and every Samsung product infringed all of Apple’s patents and diluted all its trade dress.’’

Apple lowers damage demand

In a separate filing, Apple has lowered the additional damages it seeks from rival Samsung Electronics from trebling the initial damages ordered by a San Jose court to an additional $707 million.

``They lowered the damage at the last minute on Friday after deliberations,’’ said a Samsung official who declined to be named Sunday.

``Apple is flagrantly and cleverly trying to push Samsung into a corner while trying to prove to the contrary that they are not a patent troll,’’ he said. “But adding any amount of additional damages just shows that is exactly what they are.”

The iPhone maker filed a motion Friday to the court for the additional damages and an order for a permanent ban on infringed products and other products of the Suwon-based firm that resemble them.

Out of the additional $707 million, $535 million was for trade dress and other patent violations, while the rest was a calculation by Apple for unaccounted damages it has incurred and or expects to by the end of the year due to Samsung’s infringement.

The new sales ban will likely include the Galaxy S3, Samsung’s latest flagship phone which was excluded in the trial. The handset has sold over 20 million globally since its launch in May. The date of the final verdict is yet to be decided, but both parties expect it to be out by December.

Apple and Samsung have been clashing in a legal tug-of-war over patents that span 10 countries. A recent verdict in Seoul slapped both companies with fines for infringement, while one in Tokyo said Samsung didn’t infringe on Apple’s designs.

The American company started sales of its flagship handset iPhone 5 on Friday (local time) which is expected to be the firm’s biggest hit ever. It also has long-term evolution (LTE) connectivity, which Samsung has patents on and vowed to sue its rival over. Korea has one of the widest dissemination of LTE networks and other countries have been progressively shifting to the next-generation connectivity from third generation.

The two companies are also the world’s biggest sellers of smartphones, currently the most lucrative sector in the information technology industry, and have been fighting for supremacy.

‘Breaking Bad’ 2012 finale recap: Walter White pays old partner Jesse Pinkman a visit

Walter White (Bryan Cranston) in 'Breaking Bad.'

Toward the end of the 2012 finale of AMC’s “Breaking Bad” Sunday night, Walter White (Bryan Cranston) dropped in on his old partner Jesse Pinkman (Aaron Paul).

Now Walter White randomly “drops in” on people these days about as often as Barbra Streisand sings for spare change on the 7 Train.

But Walt seemed to be genuinely enjoying the visit, because he and Jesse are the only ones who can appreciate all those special moments they shared when they were struggling to build their crystal meth business.

They have great stories, great moments, great memories. Just not the kind you can share with random people at the Christmas party. So once in a while it’s fun to talk about it with someone you know understands, someone who was also in the fraternity and knows the secret handshake.

When they ran out of laughs about the good times, Walter turned to leave and told Jesse he had left “something” for him.

Viewers watched Jesse open it, unsure if it was cash or something that would go “boom” like the thing the late Gus Fring didn’t see coming last year.

It didn’t go boom. Yet. It was a handful of money and a gun, which Jesse quickly understood came with the unspoken warning, “Do the right thing.”

Or someone will do it for you.

Jesse has apparently been drifting since he told Walter he was quitting the meth game because it had become too amoral for him.

Jesse’s not about to rat anyone out. But Walter keeps lowering his tolerance for loose ends at the same time he keeps elevating his ability to deal with them and seemingly face no consequences.

It’s been that kind of year for Walter, who in eight episodes has vaulted from a man in danger on many fronts to a man confident he has outsmarted everyone and has the rewards to show for it.

In a remarkable scene, his wife Skyler (Anna Gunn) takes him to a storage locker to see the stack of money he has made in just three months.

It’s about two feet high and six feet square. “It’s more than we could spend in 10 lifetimes,” she says, and then she asks the real question, which is, “How much is enough?”

She doesn’t know this is like asking Walter, “How high is up?”

She considers it a reasonable question, since she’s pretty sure that unless he extricates himself from the production of crystal meth, someone someday is going to come around and do very bad things to Walter and, worse, his family.

That’s why she arranged several weeks ago to have Uncle Hank the DEA agent and his wife Marie take care of Walter’s and Skyler’s kids.

Jay-Z Gets Assist From Kanye at Made in America

"You've been so good to me, Philadelphia," Jay-Z said moments after wrapping a monumental hour-long headlining performance at his own Budweiser Made in America Festival. "Now I'm gonna be good to you." The rapper’s gift? A seven-song encore from his frequent partner-in-crime, Kanye West, and members of the Chicago emcee’s G.O.O.D. Music crew, which on Saturday included Big Sean, Pusha T, Common and 2 Chainz. The unexpected concert-within-a-concert, which included West hits "Can't Tell Me Nothing" and the crew's latest collaborations, “Mercy," "Way Too Cold" and "New God Flow," was capped off with Jay returning onstage to perform Watch The Throne’s "N***as in Paris" with West as fireworks lit up the Philly sky.

The night, however, was all Jay's. It’s debatable how much curatorial influence the rapper had over the two-day affair, but from the moment he sauntered onstage, bobbing up and down à la Rocky Balboa, and donning a black fitted t-shirt emblazoned with an Egyptian portrait, matching jeans and red-and-black Jordans, Jigga appeared ecstatic to be playing host. In fact, it was often hard for him to contain his elation: at one point in the show he stopped a song mid-verse to admire the throngs of people spread across Fairmount Park. He also made sure to pay his respects to the host city several times throughout the night. ("I have a long love affair with Philadelphia,” he said.)

Fans expecting a setlist heavy on deep cuts may have left feeling slighted: Jay, backed by a seven-piece crack band, stuck to a career-spanning greatest-hits set, dropping turn-of-the-century cuts like "Big Pimpin'" and "Izzo (H.O.V.A.)," as well as contemporary smashes such as "99 Problems" "Empire State of Mind" and "On To The Next One," featuring assistance from Swizz Beats. He did slip in rarities: Memphis Bleek emerged for the Philly-honoring anthem "Murder Marcyville (South Philly N***az)" and Ruff Ryders-compilation classic "Jigga My N***a" also popped up. 

Skrillex, who boarded his now-well-known stage starship and launched off into a practically unabating, hour-long frenzy of his typically wub-centric fare, preceded Jay-Z on a side stage. The show’s captivating 3D projectors and bizarre visuals – think crazed Bollywood dancers and screaming Santas – made for a performance that took the phrase "Festival of Lights" and gave it an epileptic, 21st century update. The set’s only analog moment came near the end, when the DJ waved a lighter during his remix of Benny Benassi’s "Cinema." The crowd, naturally, mimicked him with their cell phones.

Unlike the relentlessly-touring Skrillex, D’Angelo’s set was a rare treat. Aside from a July appearance at Essence Music Festival and a surprise jam session at Bonnaroo with Questlove, the reclusive R&B master hadn’t played a show in the US in over a decade. "It feels so good, Philadelphia," the neo-soul singer said midway through his amped-up set, which he topped off with an extended take on his new funk number "Sugar Daddy." Backed by a 10-piece band, the singer let his frighteningly-fierce falsetto fly and fluttered about the stage armed with a monogrammed, silver-lined flying-V guitar. The highlight came mid-set when he took the stage alone, sitting down at the keyboard for a tender take on his signature hit "Untitled (How Does It Feel)."

With the festival's very first set, Gary Clark Jr. brought his distortion-heavy, up-tempo Southern rock to the parkway, soloing early and often. Festivalgoers who braved peak sunlight were duly rewarded as the Austin-bred songwriter played a new song, "Ain't Messing Around," off an album due out this fall. Clark closed his high-energy and technically sound set with an extended version of his hit song "Bright Lights" that lasted nearly eight minutes. 

The day’s first true spectacle came courtesy of Rick Ross’s Maybach Music Group. The recent Rolling Stone cover star, who unleashed his trademark bark nearly two dozen times over 45 minutes, was joined by his labelmates – Wale, Meek Mill, Rockie Fresh, Stalley – for a mass display of wealth and excess. Each shared the spotlight: Ross charged through cuts new ("Hold Me Back") and old ("Hustlin’"); Philly native Mill cut loose on "House Party"; and Wale got things underway with "Chain Music." 

The dance tent came alive when fans took shelter from the sun for an early-evening performance from Scottish DJ Calvin Harris. A festival fixture, Harris has his 90-minute set down pat: the EDM star let pop-infused kicks, whooshes and thuds rain down on spazzed-out fans, more than one of them wearing a hat that read: "I don't get drunk. I get awesome."

Once Janelle Monae shed the cloak she was wearing when she came onstage mid-afternoon, everyone – the crowd, Monae, and her 13-person, black-and-white-clad backing band – went more than a little nuts. Monae flew through an impeccably-choreographed set that included an inspired cover of the Jackson 5's "I Want You Back." At set's end, she played "Electric Lady," a bouncy, bongo-infused groove off of her forthcoming second album.