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Print 26 comment(s) - last by ProZach.. on Mar 5 at 3:49 PM

Samsung gets a nice boost from court win

Judge Lucy Koh of the U.S. District Court for the Northern District of California on Friday dropped a bombshell on Apple, Inc. (AAPL), effectively tossing $400M USD in damages from the $1.05B USD jury verdict against Samsung Electronics Comp., Ltd. (KSC:005930).

The modification was due to a mistake in how the damages were calculated by the jury on 14 products.  At least part of that sum may come back, as Judge Koh ordered the two to participate in a new damages trial.  The products involved in that trial will be Samsung's:
  • Captivate
  • Continuum
  • Droid Charge
  • Epic 4G
  • Exhibit 4G
  • Indulge
  • Infuse 4G
  • Galaxy Prevail
  • Gem
  • Galaxy SII for AT&T
  • Galaxy Tab
  • Nexus S 4G
  • Replenish
  • Transform
Judge Koh writes, "The court has identified an impermissible legal theory on which the jury based its award and cannot reasonably calculate the amount of excess while effectuating the intent of the jury."

Apple on Samsung phone
[Image Source: Reuters]

Samsung, while disappointed at Judge Koh's decision not to review the merit of the verdict, cheered the damage vacation, commenting to Reuters, "We are pleased that the court decided to strike $450,514,650 from the jury's award.  Samsung intends to seek further review as to the remaining award."

Apple shares fell nearly 1.8 percent on the news, while Samsung shares rallied 1.1 percent upwards.

Samsung will be appealing the overall verdict in the appeals circuit.  The South Korean phone giant should be aided by the fact that the U.S. Patent and Trademark Office (USPTO) has filed preliminary invalidation rulings regarding two of the key Apple utility patents involved in the case.  Samsung faces one other additional trial in which Apple claims patent violations against Samsung's newer products.

Source: Reuters



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Talk about overreaction
By Solandri on 3/4/2013 3:12:37 PM , Rating: 5
quote:
Apple shares fell nearly 1.8 percent on the news

Always amusing how much the market overreacts. APPL currently has a market cap of $396.8 billion. Apple loses $450 million in a (potential) jury award, and the market responds by dropping the company's valuation by $7 billion.




RE: Talk about overreaction
By luv2liv on 3/4/2013 3:51:09 PM , Rating: 4
karma is a witch with a capital B


RE: Talk about overreaction
By Motoman on 3/4/2013 6:29:56 PM , Rating: 4
The reaction of the market has nothing to do with the dollar value of the award.

It has to do with the apparent confirmation that Apple is losing it's ability to use predatory patent litigation as a method of manipulating the consumer electronics market.

If Apple could just sue at will and make competitors pay them, in time it could make it so painful to try to participate in the market that they'd kick everyone else out. Or at the very least, maintain a stranglehold on the market.

The more they try to tighten their grip, the more (cellphone) systems will slip through their fingers.

Th patent system is a joke, and Apple is the world's leader in abusing it to command marketshare. But the writing is starting to appear on the wall...


RE: Talk about overreaction
By retrospooty on 3/4/2013 7:55:54 PM , Rating: 2
"The reaction of the market has nothing to do with the dollar value of the award. It has to do with the apparent confirmation that Apple is losing it's ability to use predatory patent litigation as a method of manipulating the consumer electronics market."

That and "Analysts believe that Apple’s earnings this quarter will decrease year-over-year, and unless Apple introduces something new and exciting, things don’t look like they will improve." and the general perception that the competition has passed them by.

http://www.slashgear.com/apples-stock-drops-to-a-n...

that


RE: Talk about overreaction
By Tony Swash on 3/5/2013 7:08:24 AM , Rating: 2
Ben Bajarin, writing for Time:

quote:
So to recap: Apple is the most profitable company, can’t make enough products to meet demand and is the most admired by its peers. Yet Wall Street and media fanatics are claiming Apple is doomed. The reality distortion field is in full effect.

Apple has a lower P/E ratio than Amazon, Facebook, Google, Microsoft and now Dell, to name a few. I find this baffling and I would challenge any analyst to articulate to me how Apple is not healthier and stronger, competitively, in the long-term than many of those companies.


http://techland.time.com/2013/03/04/apples-reality...


RE: Talk about overreaction
By themaster08 on 3/5/2013 7:46:20 AM , Rating: 2
Nobody is saying that Apple is doomed. That's your problem. Every time something negative appears about Apple, you put your guard up and accuse everyone of thinking Apple are doomed.

The fact is that the overvaluation and hype are dying down from their initial overblown values. Apple are now coming down to reality in terms of their market valuation.


RE: Talk about overreaction
By retrospooty on 3/5/2013 8:00:32 AM , Rating: 2
"Nobody is saying that Apple is doomed. That's your problem. "

Exactly, I have made that same point many times. You come out with a well thought out comment on how Apple wont continue the unprecedented growth and that it will level off at a ridiculous high profit level and he gets offended as if he thinks its absurd that Apple won't grow infinitely forever. The man cant take a single negative fact about Apple and just process it like a normal human. It's like a personal offense. I would imagine insulting his mother would be less offensive.


RE: Talk about overreaction
By ProZach on 3/5/2013 3:49:17 PM , Rating: 2
In that case, <insert urmama joke at TS here>, lol.

I would think the drop in stock value also has as much to do with the previous report of cash hoarding.


RE: Talk about overreaction
By maugrimtr on 3/5/2013 8:46:38 AM , Rating: 2
How Apple is performing at this moment has no relevance to how Apple will perform in 1 year, or 2 years. Tony, please never become an investor. You're terrible at analysing.


RE: Talk about overreaction
By ritualm on 3/5/2013 2:40:29 PM , Rating: 2
quote:
The reality distortion field is in full effect.

That's not a reality distortion field, that's freakonomics and herd theory in full effect.
quote:
I find this baffling and I would challenge any analyst to articulate to me how Apple is not healthier and stronger, competitively, in the long-term than many of those companies.

The bigger they are, the harder they fall.

You said all of us were fools for not buying Apple stocks when it was over $600 a share. Who's the fool now?

You lose.


RE: Talk about overreaction
By Tony Swash on 3/5/2013 7:11:50 AM , Rating: 2
Meanwhile in the real world Apple’s content, software and accessories business alone generates more revenues than any mobile phone vendor is generating in total, excepting Samsung.

http://techpinions.com/wp-content/uploads/2013/03/...


RE: Talk about overreaction
By retrospooty on 3/5/2013 7:56:42 AM , Rating: 3
And the "spingine" fires up!


RE: Talk about overreaction
By ritualm on 3/5/2013 9:02:48 AM , Rating: 2
I'm putting my money in drone assassination tech. Everything coming out of Apple is useless when the world starts going to hell.


RE: Talk about overreaction
By TSS on 3/4/2013 10:31:40 PM , Rating: 2
The market is reaction to the news not lining up with predictions of analysts. Reality was worse then predictions, so share prices drop.

I've seen share prices drop on companies making a record profit, rising revenue with 5% but the analysts expected 6% so the company must be overvalued and share prices drop.

Not that it even matters since the whole stock market is one big fed rigged casino right now. Remember that big deal about cutting $85 billion a year off the federal deficit? That's the same amount as the fed is printing per month in fresh new cash pumped into the stock market to keep it afloat.

The writing has been on the wall for apple since the Ipad. Phone sales started to slow down to the point where they had to innovate, and what they came with was a bigger iphone. And soon a smaller one. It's just that the hedge funds are catching up to that fact.


RE: Talk about overreaction
By Tony Swash on 3/5/2013 7:30:52 AM , Rating: 2
quote:
It has to do with the apparent confirmation that Apple is losing it's ability to use predatory patent litigation as a method of manipulating the consumer electronics market.


The reality distortion field at full strength. Hundreds of millions of customers choose Apple products as against those of numerous competitors and this can only be the result of the manipulation of the consumer electronics market. Apple's success is a mistake, illusionary or the result of illegitimate and fraudulent manoeuvre.

iPhobes are morphing into clones of pathetic whining Mac users from the 1990s.


RE: Talk about overreaction
By Cheesew1z69 on 3/5/2013 8:25:22 AM , Rating: 2
And you are just pathetic...


RE: Talk about overreaction
By retrospooty on 3/5/2013 9:05:47 AM , Rating: 2
Isnt it funny how he is so into a company, that in his mind anyone that isn't has a mental issues he has dubbed iPhobia? LOL.

Yes Tony, we all sit awake at night being scared of Apple. Because we think about it that much. ;)


Can't favor anyone
By UpSpin on 3/4/2013 3:42:38 PM , Rating: 1
I think it's pretty obvious that Samsung copied Apple with the Galaxy SI, less with the SII and created their own design with the SIII. Sure, other smartphones are also rectangular and don't look totally different, but Samsung really made a copy both with the smartphone design (seen from the front, chrome edge, dominant centered hardware button at the bottom, ...) and GUI (icons). So in my opinion, Samsung is guilty, they tried to mimic the iPhone to gain popularity, and they should pay a fine to Apple. $1 Billion sounds much, but isn't that much considering how much profit those companies make with Smartphones.

On the other hand is Apple, a greedy company which owns and uses ridiculous patents in their lawsuits. Probably because those patents are so broad and idiotic and nothing really exceptional (rectangular design, bounce back, multi-touch) Apple earned a lot of hate, justified. And if they win with those patents they might start suing others, too. No one should want this.

Because Apple is not the only patent troll, Microsoft is even worse, and even Samsung might use the power of patents to suppress competition I somehow hope that Samsung has to pay at least a smaller fine, most of those patents Apple used get invalidated and others judges invalidate other trivial software and design patents used in other lawsuits we hear nothing about.




RE: Can't favor anyone
By petrosy on 3/4/13, Rating: 0
RE: Can't favor anyone
By Dorkyman on 3/4/2013 8:33:40 PM , Rating: 1
How about Samsung pays Apple $20, and then joins with others in suing Apple for, say, $10B for abuse of the patent system?


RE: Can't favor anyone
By chick0n on 3/4/2013 10:21:22 PM , Rating: 4
I'm fairly sure Ferrari copied Ford's design, you know, the 4 wheels, doors, etc etc.

Apple didn't invent S HIT, they just buy questionable patents and sue everyone else.


RE: Can't favor anyone
By UpSpin on 3/5/2013 4:08:27 AM , Rating: 2
In every industry there are lots of design patents which patent the simple shape, the look of specific objects. Maybe this helps you to understand the purpose and the fact that it's pretty common to own such design patents:
http://books.google.de/books?id=WmiOAa5z03cC&pg=PA...

Porsche has one for the shape of their cars, it has one for the look of their fender and so do other car manufacturers own design patents.
http://www.google.com/search?client=opera&q=porsch...

Yes, all cars have 4 wheels, doors, and windows at each side. Yet, most cars look different, and none looks like a real Porsche.

quote:
Apple didn't invent S HIT, they just buy questionable patents and sue everyone else.

Apple invents a lot, just as Samsung, MS and others do. But all of them also hold a lot of questionable patents. And all of them sue each other. Do you think a double click is patent worthy?


RE: Can't favor anyone
By ritualm on 3/5/2013 7:45:56 AM , Rating: 2
quote:
Do you think a double click is patent worthy?

That's your justification that 'rectangle with rounded corners' is patentable?

ST F U.


RE: Can't favor anyone
By Cheesew1z69 on 3/5/2013 9:19:58 AM , Rating: 2
quote:
Apple invents a lot,
No, they really don't.


LOLOLOL
By rudolphna on 3/4/2013 2:07:53 PM , Rating: 5
...That is all.




Amusing
By txDrum on 3/4/2013 2:34:40 PM , Rating: 2
This is pretty interesting.




“And I don't know why [Apple is] acting like it’s superior. I don't even get it. What are they trying to say?” -- Bill Gates on the Mac ads














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