..., Ltd. 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 war on several fronts.[2] Apple's multinational litigation over technology patents became known as part of the mobile device 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 favour in the U.S., Samsung won rulings in South Korea and Japan, and the UK. Contents [hide] 1 Origin 2 South Korean lawsuit 3 Japan lawsuits 4 German courts 5 French and Italian courts 6 Dutch courts 7 Australian courts 8 British courts 9 U.S. courts 9.1 First US Trial 9.1.1 US verdict 9.1.2 Injunction of US sales during first trial 9.1.3 First trial appeal 9.2 Second US Trial 9.3 Controversy 10 See also 11 References 12 Further reading [edit]Origin Apple sued its component supplier...
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...Running Head: PRODUCT LIABIITY Case Background Donna and Peter Laliberte filed a lawsuit against the Japanese based automotive corporation, Mitsubishi, after their 25 year old son, Scott Laliberte was killed during a car crash while riding as a passenger in a 2000 Montero Nativa SUV that was manufactured by Mitsubishi. On September 25, 2004, the driver of the SUV lost control of the vehicle, which caused the SUV to roll over. The driver and the passenger were wearing their seat belts, however; the seat belts were not manufactured in the same manner. Mitsubishi manufactured the passenger seat belt of the vehicle with a special stitching that is referred to as energy management looping or rip stitching. Mitsubishi v. Laliberte (2010), gives the following detail regarding the energy management looping: The front passenger seat belt in the 2000 Nativa incorporated an energy management ("EM") or energy absorbing ("EA") stitched loop system. This stitched loop seat belt system was designed in such a manner that ten inches of seat belt webbing was folded over and sewn together with a series of threaded stitches contained within a plastic scabbard. The seat belt stitches were designed to break loose and introduce additional seat belt webbing into the right front passenger's restraint system to better manage occupant movement in frontal impacts. The additional ten inches of looping is being blamed as one of the product liability issues that led to the death of the victim. The Laliberte...
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...products liability of the design and manufacture of the SN325 pneumatic nail gun. Senco profes, inter alia, that ORS 18.560(1)1 limited any noneconomic damage award to $500,000. But the jury’s verdict find Senco liable both in strict liability and in negligence, and fixing John Lakin's parallel fault at five percent. The jury awarded John Lakin $3,323,413 in economic damages and $2,000,000 in noneconomic damages, then Ann Marie Lakin got $876,000 in noneconomic damages...
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...Decision The case Kansas vs. Carr raises many questions about the death penalty, especially in relation to the Eighth Amendment. One of the main questions in this case has to do with jury instructions in the penalty stage of the trial. (Kansas v. Carr) The district judge in this phase of the trial failed to adequately instruct the jury on the correct standard of review for mitigating evidence. Unlike other types of evidence in any criminal proceedings, mitigating evidence need not be proven beyond a reasonable doubt, nor does the jury need to be unanimous on the validity of mitigating evidence. Did the district judge violate the Eighth Amendment when he failed to explicitly explain this to the jury? Upon review, the Kansas Supreme Court ruled that yes, he did. By failing to “affirmatively instruct” (Kansas v. Carr) the jury on the proper standard of...
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...Module 2 Journal Assignment Consider issues raised by the article involving the complexity of litigation and the make-up of juries. What is the nature of some of the complex lawsuits at issue today? Do you believe that our current jury system is sufficient to handle emerging complex issues? Traditionally, and even now, the intent of having a jury hear cases is to have a case be heard by a collection of piers. This collection is carefully selected to be neutral and unbiased. The selection should not take into consideration age, race, gender, or any other defining attribute. This means, essentially, that there should be both older and younger people selected for any jury. In the case regarding Apple vs. Samsung, “the jury was diverse, but decidedly not a panel of patent experts: among the two women and seven men were a social worker, an engineer, and an unemployed video game enthusiast” (Wilhelm). The jury of this particular case delivered its “much anticipated decision” in only three days time, ordering that Samsung was to pay Apple $120 million for copying some of the Apple iPhone’s technology and applying it to some of their smartphones (Mintz). In cases where there is technology involved such as a lawsuit against Google or Apple, this can be a difficult process. Technologies such as the Internet and smart phones have skyrocketed in a very short timeframe, and many in the baby boom generation have been unable to keep pace. There is a severe disconnect in their understanding...
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...ban on Monday. Koh had based the injunction on the Samsung’s likely violation of Apple’s tablet design patent. The jury found Samsung in violation of six other patents, but the tablet design patent, which was the basis for the injunction, was not one of them. The jury reached a verdict in August, but Samsung simultaneously asked for the injunction to be lifted and appealed the case, which created a question of who had jurisdiction to lift the injunction. On Friday, the U.S. Court of Appeals ruled that Koh could decide on whether or not to lift the injunction. This ruling is the latest significant event in an ongoing legal patent war between Samsung and Apple. Both sides have filed posttrial motions, which Koh will rule on in December. Apple is seeking a higher reward for the patent infringement damages and a permanent ban on the sale of infringing products, while Samsung is looking to eliminate the reward and the sales ban altogether. Although the temporary ban on the Galaxy Tab 10.1 was lifted, a posttrial ban that Apple is seeking could still ban sales of the device because the jury did find that it infringed on some of Apple’s patents – just not the tablet design patent which Koh based the ban on. Samsung has since released newer versions of the tablet, but the company believes that it still stands to profit off of the 10.1. In a different legal case that is set to being trial in March of 2014, Samsung is alleging that Apple infringed on some of its patents. It has added...
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...State of Confusion BUS/415 Tamika Nimely Erikka Hise Monday, July 18, 2011 State of Confusion This paper will examine a civil suit which Tonya Trucker is the Plaintiff and the State of confusion is the defendant. The state of confusion has commanded a B-Type truck hitch in favor of all 18 wheelers that drive on the highways in the state of confusion. By this, this will require all truckers and towing trailers to attach the new hitch if they want to drive through the confusion. By this regulation it will bring extra expenses to the truckers that drive through confusion the federal government has not made any effort to regulate the truck hitches used on the nation’s highways. Tonya trucker wants to file for a civil suit against confusion because this is a statue that imposes on her business. Jurisdiction Tonya trucker will have to take her filing suit to Federal Court. The suit that Tonya trucker wants to file against Confusion should be perceived by Federal Court due the statue brings a forbidden load on express way activities (Interstate commerce). Interstate commerce directs to the purchase, sale or exchange of raw material, transportation of people, funds or goods. Interstate commerce is control or maintained by the federal government as approval under Article I of the U.S. Constitution. The federal government can also control or maintain commerce inside a state when it may affect the roadways (interstate) transporting of goods and services and way hit down state...
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...Common sense, coffee and consumers clashed recently in McMahon v. Bunn-O-Matic,l wherein the Seventh Circuit Court of Appeals held that a coffee maker manufacturer did not have a duty to warn consumers that its coffee would be served at 180 degrees, and that the coffee maker was not defectively designed. The decision, which affirmed a lower court's entry of summary judgment in favor of the coffee maker manufacturer, is consistent with a majority of courts, which have held in recent years that such claims leave no issue of material fact for trial.' However, not every jurisdiction has routinely dismissed these "coffee" cases. In fact, McMahon referred to Nadel v. Burger King,3 which held that a products liability claim for excessively hot coffee was appropriate for a jury to decide. This Note will discuss the facts and procedural history of McMahon, as well as the Seventh Circuit's ruling on the duty to warn and defectiveness of the product's design. This note will next examine the Ohio Court of Appeals' contrasting decision in Nadel. This comparison will...
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... | I. Trial Context A. types of evidence at trial 1. witnesses 2. real evidence – something tangible related to the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability to follow limiting instructions, and the potential harm from the evidence is so grave as to outweigh the modest benefits, so we exclude the evidence E. protecting rt to jury trial ...
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...City of Cincinnati vs. Cincinnati Contemporary Arts Center In the early 1990s, a Cincinnati jury cleared the Contemporary Arts Center and its director Dennis Barrie of obscenity charges owing to the exhibition “The Perfect Moment” by Robert Mapplethorpe. They were charged for “offenses of pandering obscenity and illegal use of minors in nudity” (Weiner, 2000). This trial became the first criminal trial of an art museum over the contents of an exhibition, centering on 5 out of 175 photographs. The Miller v. California of 1973 set the standard for determining whether material is considered obscene, and the test C of Miller states that to be considered obscene, the work had to be evaluated as a whole. There were five separate photographic images that required evaluation for what constitutes “the whole”, so the court had to decided whether all the pictures in the exhibition are to be judged as a unit, or each of the pictures be judged separately. According to chapter 2907 of Ohio Laws and Rules, clause J, a photograph by definition is “material capable of arousing interest through sight.” Every photograph is a unique experience of visual exposé that makes an immediate impression on the person looking at it. In dealing with photographs displayed in art galleries, the court had to come up with their own meaning of “taken as a whole” because neither the Supreme Court of Ohio nor the Supreme Court of the United States had an established definition....
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...heating system design called for five, thirty foot, vertically installed pipes which had not been tested. However, Armco didn’t manufacture this length of pipe so ten and twenty foot pipes were delivered to New Horizon’s building site to be joined to create the desired length. After installment, New Horizon discovered that leaks were developing in the joints of the pipes. New Horizon sued Armco for “breach of express and implied warranties” in an attempt to receive payment for the damages but Armco argued that it was not liable because New Horizon had accepted/acknowledged the written contract upon payment of the pipes and it “excluded all warranties and remedies except those provided for therein.” The case was tried first in a trial court and then later reviewed in an appellate court. The big legal issue that became the determining factor in the different judgments of the two courts was which set of requirements (the U.C.C. regarding specifications on limiting terms or clauses or Code § 11-4 regarding text size of written contracts) would be used to govern the courts’ decisions. If the latter, then the jury would be given access to additional information regarding the warranty that could potentially harm Armco’s case. After being presented with the warranty issues, the trial court ruled in favor of New Horizon. However, when it was sent to be reviewed at an appellate court, the court found that the warranty issues should never have been submitted to the jury because the excluded...
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...3d 1158 (2011) FACTS: Levi Strauss has stitched a design on the back pockets of its jeans since 1873. Levi Strauss holds multiple federally registered trademarks on this bow-shaped design, an “Arcuate”. They are required to actively monitor competing designs and enforce its trademark rights. In 2005, Abercrombie & Fitch attempted to register a “mirror” image stitching design for use on certain products. Levi Strauss argued that this design should be barred because it could potentially cause confusion with and dilute the Levi Strauss Arcuate mark. While the ninth circuit appeal was pending, Abercrombie announced the shutdown of the Ruehl brand and the Ruehl retail stores. Abercrombie then proceeded to file a new trademark-registration application with the PTO. This time they were attempting to register the same mirror image with a different brand name, Gilley Hicks. These would be sold at different prices, and through different channels than their former Ruehl line. After this, Levi Strauss attempted to have Abercrombie agree to amend the pleadings to add Gilley Hicks, or say that any injunction occurred would extend to include the Gilley Hicks line as well; Abercrombie refused. PROCEDURAL HISTORY: On July 20, 2007, Levi Strauss sued Abercrombie in the Northern District of California after learning that Abercrombie was selling products with this mirror image on a line of jeans- the “Ruehl”. The district court held a jury trial in December of 2008. The defendants argued that their...
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...The Social Contract Randy Smith LAW 421 May 27, 2015 Bob Casey The Social Contract and Government “Between 1787 and 1791 the Framers of the U.S. Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. Although these principles are discussed in civics books, the treatment of them there is often less than satisfactory.” Jon Roland of the Constitution Society (internet website). Origins of the Social Contract In this article their valid contract was a social contract of a government for everyone to live as equals and to live in a utopia kind of place. This type of contract will make a new way of living to have harmony with everyone around while also having mutual benefits. The contract has to cover the normal rights that are given and have to retain them while also having certain restricting liberties. With any civilization we would have to assume that people would have their own duties such as which certain powers shall be used together. The contract is simple, and has two basic terms which is one, the mutual defense...
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...(Roman Code → Napoleonic code → Germanic Code) = Civil Law System US has the common law (common law will only be found in former British states) Sare Decisis (Case Precedent) Chapter 1 Sources 1. Constitution (s) – 51 (States and Federal) 1.5 -- Treaty 2. Case Law 3. Legislature (s) – 51 4. Administrative – help in regulation (Federal, State, and Local level) Chapter 2 State Top Level – Supreme Court Middle Lever – Court of Appeals Lowest Level – Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal...
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...The judgement of the trial court is affirmed. Johnson v. Medtronic, Inc. 365 S.W.3d 226 (2012) Issue: The Defendant Jeffrey Johnson was taken to the hospital due to the need for treatment of a heart disorder. The doctor who treated the defendant used a device manufactured by Medtronic to treat him. The doctor however did not read the device instructions properly and misused the product resulting in the near death of the defendant. Johnson filed a law suit under failure to provide adequate warnings, and defective design. Rule: A product is defective, subjectively only when foreseeable risks posed by the product can be reduced or avoided by reasonable instructions or warnings. Analysis: The fact that a certain use of a product is conflicting to the manufacturer’s instructions does not, necessarily cement that the use could not be anticipated. The designs defect and failure to warn theories include a variety of theories specifically directed towards protecting consumers from dangers that can surface in different...
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