yourfanat wrote: I am using another tool for Oracle developers - dbForge Studio for Oracle. This IDE has lots of usefull features, among them: oracle designer, code competion and formatter, query builder, debugger, profiler, erxport/import, reports and many others. The latest version supports Oracle 12C. More information here.
Cloud Computing
Conference & Expo
November 2-4, 2009 NYC
Register Today and SAVE !..

2008 West
Data Direct
SOA, WOA and Cloud Computing: The New Frontier for Data Services
Red Hat
The Opening of Virtualization
User Environment Management – The Third Layer of the Desktop
Cloud Computing for Business Agility
CMIS: A Multi-Vendor Proposal for a Service-Based Content Management Interoperability Standard
Freedom OSS
Practical SOA” Max Yankelevich
Architecting an Enterprise Service Router (ESR) – A Cost-Effective Way to Scale SOA Across the Enterprise
Return on Assests: Bringing Visibility to your SOA Strategy
Managing Hybrid Endpoint Environments
Game-Changing Technology for Enterprise Clouds and Applications
Click For 2008 West
Event Webcasts

2008 West
Get ‘Rich’ Quick: Rapid Prototyping for RIA with ZERO Server Code
Keynote Systems
Designing for and Managing Performance in the New Frontier of Rich Internet Applications
How Can AJAX Improve Homeland Security?
Beyond Widgets: What a RIA Platform Should Offer
REAs: Rich Enterprise Applications
Click For 2008 Event Webcasts
In many cases, the end of the year gives you time to step back and take stock of the last 12 months. This is when many of us take a hard look at what worked and what did not, complete performance reviews, and formulate plans for the coming year. For me, it is all of those things plus a time when I u...
Apple Loses Fight to Ban Samsung Widgets
Concurrently, the court threw out Samsung’s bid for a new trial

Apple late Monday lost its bid to get a permanent injunction barring 26 of Samsung's Android-based widgets that a jury found infringed six of Apple's patents from the American market.

Concurrently, the court threw out Samsung's bid for a new trial.

The Korean company claimed the jury, which awarded Apple $1.05 billion in damages, was misled by a foreman that 20 years ago was involved in a lawsuit with Seagate, his former employer and a company Samsung later bought into. The suit drove him into bankruptcy and he supposedly introduced "incorrect and extraneous legal standards" into the jury's deliberations that may have produced a faulty verdict.

The judge didn't buy it. Samsung should have asked better questions during voir dire, she said.

FOSS Patents says without the injunction the "jury verdict has little more than symbolic value."

Apple is bound to appeal the decision claiming the bar it was supposed to clear was set too high in the judge's application of the legal principle known as causal nexus, a requirement for an injunction, and a rather new development in American case law.

In her decision she followed Federal Circuit's prior Apple-Samsung rulings, and, as FOSS Patents points out, the Court of Appeals for the Federal Circuit looks kind of like it may yield to Apple's request for an en banc rehearing of the toppling of the Galaxy Nexus injunction and the causal nexus issue will be the central legal question in that case.

Anyway, US District Judge Lucy Koh denied Apple's motion in its entirety.

FOSS Patents says, "It may be unprecedented in the legal history of the United States for an injunction motion to be denied across-the-board despite such a large number of infringement findings (roughly half a dozen) by a jury and, especially, in light of the competitive situation between the two as well as the jury's findings of willful infringement. If no injunction is ordered in such a case, it is hard to see how any patent holder could ever prevail on such a motion, and I doubt that this is what the appeals court will consider the right outcome. But the appeal will take a year or more, and in the meantime, this is a huge defensive success for Samsung's lawyers."

Judge Koh has yet to decide if the giant award will stand. Samsung wants the amount cut by at least $600 million because the verdict form wasn't discrete enough for its tastes. Apple wants it increased by $536 million for willfulness, which Samsung denies.

As to the all-important injunction that Apple wanted Judge Koh found that Apple didn't establish that popular demand for the Samsung products was specifically driven by the technology it lifted from Apple as opposed to its sheer competitiveness.

"Customer demand for a general feature of the type covered by a patent was not sufficient; Apple must instead show that consumers buy the infringing product specifically because it is equipped with the patented feature," she said.

"The fact that Apple may have lost customers and downstream sales to Samsung is not enough to justify an injunction," she ruled. "Apple must have lost these sales because Samsung infringed Apple's patents. Apple has simply not been able to make this showing."

She didn't think that Apple was that harmed. Blatant evidence that Samsung stole from Apple didn't seem to matter.

"Though evidence that Samsung attempted to copy certain Apple features may offer some limited support for Apple's theory, it does not establish that those features actually drove consumer demand," she said.

According to her "Samsung may have cut into Apple's customer base somewhat, but there is no suggestion that Samsung will wipe out Apple's customer base, or force Apple out of the business of making smartphones."

Koh also said the public interest wouldn't be served by banning products only parts of which infringed.

Meanwhile, the fact that Apple licensed its utility patents at issue in agreements with Nokia, IBM and HTC left Judge Koh with the impression that monetary compensation is sufficient. She did not deal with the anti-cloning provision in the HTC deal, the only agreement whose terms have even been hinted at.

Only three of the 26 products are still being sold, the others having been retired on account of age. Apple won't have a chance to go after current Samsung products until a second infringement suit goes to trial in March of 2014. An injunction at this point would have given it more leverage in the next case.

Apple wouldn't comment on Koh's decision. Samsung said it would review the court's finding before deciding whether to take "further measures."

IDC says Samsung's share of the smartphone market was 31% in the third quarter, up from 23% a year earlier. Apple was in second place with a market share of 15%, up from 14% a year earlier.

Apple reckons Samsung moved into the US market with infringing products just when consumers were moving to smartphones and developing "platform loyalty." It cut Apple off from its organic market.

IDC also figures that Google's Android operating system has a worldwide market share of 68.3% compared with 18.8% for Apple's and estimates Apple will remain the "clear number two platform behind Android" through 2016, gaining a mere 0.3% of the worldwide market by then.

See and

About Maureen O'Gara
Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at) or paperboy(at), and by phone at 516 759-7025. Twitter: @MaureenOGara

In order to post a comment you need to be registered and logged in.

Register | Sign-in

Reader Feedback: Page 1 of 1

SOA World Latest Stories
In today's enterprise, digital transformation represents organizational change even more so than technology change, as customer preferences and behavior drive end-to-end transformation across lines of business as well as IT. To capitalize on the ubiquitous disruption driving this trans...
I recently attended and was a speaker at the 4th International Internet of @ThingsExpo at the Santa Clara Convention Center. I also had the opportunity to attend this event last year and I wrote a blog from that show talking about how the “Enterprise Impact of IoT” was a key theme of l...
Most of the IoT Gateway scenarios involve collecting data from machines/processing and pushing data upstream to cloud for further analytics. The gateway hardware varies from Raspberry Pi to Industrial PCs. The document states the process of allowing deploying polyglot data pipelining s...
Culture is the most important ingredient of DevOps. The challenge for most organizations is defining and communicating a vision of beneficial DevOps culture for their organizations, and then facilitating the changes needed to achieve that. Often this comes down to an ability to provide...
Countless business models have spawned from the IaaS industry – resell Web hosting, blogs, public cloud, and on and on. With the overwhelming amount of tools available to us, it's sometimes easy to overlook that many of them are just new skins of resources we've had for a long time. ...
Just over a week ago I received a long and loud sustained applause for a presentation I delivered at this year’s Cloud Expo in Santa Clara. I was extremely pleased with the turnout and had some very good conversations with many of the attendees. Over the next few days I had many more m...
Subscribe to the World's Most Powerful Newsletters
Subscribe to Our Rss Feeds & Get Your SYS-CON News Live!
Click to Add our RSS Feeds to the Service of Your Choice:
Google Reader or Homepage Add to My Yahoo! Subscribe with Bloglines Subscribe in NewsGator Online
myFeedster Add to My AOL Subscribe in Rojo Add 'Hugg' to Newsburst from CNET Kinja Digest View Additional SYS-CON Feeds
Publish Your Article! Please send it to editorial(at)!

Advertise on this site! Contact advertising(at)! 201 802-3021

SYS-CON Featured Whitepapers