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Samsung is ordered to pay $1.05B USD in damages; virtually all of Samsung's products likely to be banned in the U.S.

In a shockingly short amount of time, it was revealed this afternoon that the jury has reached a verdict in the Apple vs. Samsung case [1][2] in the U.S. District Court for the Northern District of California. Apple CEO Tim Cook and Samsung CEO Kwon Oh-hyun were given one last chance earlier this week to reach a settlement before the matter was put into the hands of the jury, but those efforts failed. 

Deliberations for the case began on Wednesday, and given how impressively complex the case has been with regards to design patent infringement claims and counter claims, this is quite surprising that the jury was able to reach a verdict in such a relatively short amount of time.  The jury reported that it reached its verdict at 2:35 p.m. PST on Friday.

I. Background

Apple, Inc. (AAPL) is asking $2.5 billion in damages from Samsung Electronics Comp., Ltd. (KSC:005930) and over 700 issued had to be resolved by the jury in this tangled web spun in the countroom for the past month by lawyers from both sides.

Samsung and Apple are the two largest and most profitable phonemakers in America, with Apple posting several times the profit of Samsung, and Samsung outselling Apple almost 2-to-1 in present quarterly unit sales.

Apple in April 2011 sued Samsung for "slavishly copying" its smartphones and tablets.  Samsung responded with a countersuit later that month, and the conflict quickly escalated to courts worldwide.  


Apple iPhone 4S

A Netherlands ruling found Apple innocent and Samsung guilty, but only led to a brief ban on a handful of Apple products; a ruling in South Korea this week found both companies guilty and again only led to a handful of product bans.  A German ruling instituted the stiffest ban -- a complete sales prohibition on Samsung's flagship tablets.  However, Samsung has been able to circumvent that design-based ruling via redesigning its tablet's shell.

Steve Jobs who masterminded the lawsuit against Samsung, calling for "thermonuclear" war with Samsung and its fellow Android phonemakers, resigned exactly one year ago today and died shortly thereafter.

II. The Verdict

[Source]

Samsung has been found guilt of violating the '301 ("bounce patent"; all devices), U.S. Patent No. 7,844,915 ("pinch to zoom"; almost all devices), U.S. Patent No. 7,469,381 (all devices), and '163 ("double tap to zoom"; some devices, but not others) technology patents for most of its smartphone and tablet devices.

The '915 patent covers pinch to zoom.  Pinch to zoom was first dreamt up decades ago by Myron Krueger and the University of Toronto developed and published papers on virtually equivalent technology almost 25 years prior to Apple producing its first multi-touch device (the iPhone), but Apple claims to have "invented" pinch-to-zoom as it appeared to be the first to do it in the context of a capacitive multi-touch screen.


The Samsung Galaxy S II was one of many Samsung products found to have infringed on Apple patents.

The '301 patent is the so-called "bounce" or "rubber-band" patent, that covers a transient response -- essentially an animation that mimics naturally occurring phenomena, such as a spring.  Apple has been granted exclusive rights by the U.S. Patent and Trademark Office to animate this class of phenomena, oft observed visually in nature.

More surprisingly the jury found Samsung guilty of infringing Apple's U.S. Design Patent No. D618,677 and D593,087, which Apple's attorney's argued in testimony give it exclusive rights to produce rectangular smartphones with rounded edges.

The jury found that the Galaxy S (and its various branded names) infringed on both Apple patents, but Samsung's new Galaxy S II smartphone (and its various branded names) only violated the '677 patent.

Samsung did get a small reprieve, being found innocent of similar claims regarding Apple's iPad design patent -- U.S. Design Patent D504,889.  None of Samsung's tablets were found to infringe on the '889 patent.

Nearly all the infringement was dubbed willful and that Samsung should have known, which is very bad news for Samsung.


"It's a celebration!" The jury awarded Apple $1.05B in damages.

The jury also ruled that Samsung had not successfully argued any of Apple's patents -- including the design ones -- were invalid.

Samsung, according to the jury, "diluted" Apple's trade dress with the sweeping infringements they found it guilty of.

The jury ordered Samsung to pay Apple $1,051,855,000 USD ($1.05B USD).

The jury found Apple innocent of infringing on Samsung's U.S. Patent No. 7,698,711, '893, '460, and '516 patents.  Samsung was found innocent of antitrust violations for litigating with its 3G and 4G standards patents, but it was barred from future litigation ("patent exhaustion")

(JM: This is not as bad as it could have been, especially considering that Samsung was found guilty on most counts and that Apple wanted $2.5B USD.   Worldwide, Samsung makes close to $4B USD in profit per quarter off its smartphones --so this is between a third to a quarter of Samsung's quartery profit.  Severe, certainly, but not enough to remove Samsung from the market.)

III. What's Next 

The damages aren't really the worst part of this for Samsung.

The very bad part is that it will now find virtually all of its smartphones banned from sale in the U.S., pending software and design modifications.  This could literally cost it several times the damages in lost sales.

Judge Lucy Koh has yet to deliver a final ruling, which will likely include product bans, but that should come in a matter of days.  One thing's for sure -- Samsung is going to appeal this, but it's likely to lose billions in the meantime.

The Galaxy S III is spared merely because it was too fresh to be banned, but Apple could use the jury's sweeping ruling as leverage to push for a speedy ban on that device to by the U.S. International Trade Commission.

Apple has done it -- it's quite literally dealt a death blow to the biggest Android phonemaker's U.S. sales.

Source: The Verge



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

OK everyone relax.
By retrospooty on 8/24/2012 8:04:06 PM , Rating: 5
1. It will be appealed to a higher court that isnt in the Silicon Valley (Apple's hometown).

In addition, the higher level court WILL get to see the evidence that was hidden from the Jury by the judge. Even if Samsung won, this whole case was a waste of time because they would have appealed too.

2. By the time anything happens, products the Galaxy S2 will have run most of its life cycle. The S3 is already out and taking the vast majority of sales.

3. New products are already in the pipeline.




RE: OK everyone relax.
By muhahaaha on 8/24/12, Rating: 0
RE: OK everyone relax.
By muhahaaha on 8/24/2012 10:27:04 PM , Rating: 1
Before anyone even rates me down, I realize that Samsung outsources their stuff to China, but they also do a lot at home. Apple does shit in the US except call the shots and hold onto your personal data (iCloud).

And the second thing Samsung needs to do (forgot to add it) is to get together with all the other major phone makers and file a huge collective lawsuit against Apple and spend a combined billion on the best lawyers ever ("dream team") and get this over and done with and have patent law fixed for all times.

Good luck though :)


RE: OK everyone relax.
By muhahaaha on 8/25/12, Rating: 0
RE: OK everyone relax.
By retrospooty on 8/25/2012 7:52:57 AM , Rating: 3
I dunno man. Once you post u can't rate. I do know that a swear or insult in your post will start you down one. That looks like your issue. Don't worry about it though, it doesn't matter


RE: OK everyone relax.
By Commodus on 8/25/2012 2:28:09 PM , Rating: 4
How is Apple's tech overpriced versus Samsung's? A Galaxy S III costs as much on or off-contract as an iPhone in many cases. And while Samsung has many factories in Korea, it does outsource to China, too.

Also, a few glaring inaccuracies here:

First, Samsung would be committing financial and regulatory suicide if it cut off supply. Apple is Samsung's largest part customer outside of Samsung itself; imagine the CEO trying to explain why he's losing billions of dollars a quarter out of spite. He wouldn't be CEO for much longer. Antitrust regulators in Korea, and possibly the US, would also immediately slap Samsung down for starving its only major competitor.

Also, please show the exact costs for in-cell touch displays, since you apparently have an inside track that no one has outside of Apple and its contractors. Right... you're just projecting. And are fairly ignorant of Apple's supply chain. LG Display, Sharp and others are helping in the manufacturing process, and LG just mentioned that its own in-cell touch production is running smoothly. I would wait until we've seen a cost breakdown of Apple's display versus Samsung's Super AMOLED HD before you make any assertions.


RE: OK everyone relax.
By TakinYourPoints on 8/25/2012 6:43:10 PM , Rating: 3
quote:
Samsung is a South Korean company and very pro US, so I'd gladly give them my money rather than the overpriced, hyped up China junk that Apple sells.


Samsung hardware and components are also mostly made in China.

The recent factory they made in Austin, one mainly for producing iDevice SoCs and that is next door to Apple's SoC engineering facility (convenient), costs only a fraction of the additional factories they are making in China.

quote:
Samsung has some of the best TV's (I own one, a DLP, which I swear by as IMAX uses the same tech).


IMAX is a technology that uses 65mm film shot in a horizontal orientation with 15 perforations per frame, it has nothing to do with DLP. Also, DLP projection in the home is far outclassed by plasma, you should really think about upgrading. Panasonic preferably, some of the best displays out there.

quote:
If Apple put a "Made in China" sticker on their phones, I don't think they'd sell so well.


They do say made in China, always have.

I'm amazed at how many fundamental technical things you are so ignorant about. Even if you don't know this stuff off the top of your head, a little fact checking via Google isn't hard.


RE: OK everyone relax.
By itzmec on 8/27/2012 12:07:36 PM , Rating: 2
I'm pretty sure he meant Imax theaters, which do use dlp tech now. What rock you been living under man....


RE: OK everyone relax.
By Jeffk464 on 8/27/2012 10:04:01 AM , Rating: 2
Apple, you can't force people to buy your products through lawsuits. If you force android out people will go to windows phone or another alternative will pop up(web OS is still just sitting there). Most likely if you succeed Google and android hardware manufacturers will just tweak the design a bit.


RE: OK everyone relax.
By nafhan on 8/27/2012 4:18:54 PM , Rating: 2
The fact that they can win in court with such simple, inane patents actually does have me worried a bit.

Right now there's some good competition in smartphones, but Apple corp. is trying hard to make sure that's not the case in the near future. It's the governments job to keep stuff like this from happening, but the courts have failed us (the consumers). With luck, on appeal, higher courts will look out for the consumer rather than the interests of a single large corporation.

Tech development will go on, but this has the potential to slow things down a lot and increase prices.


RE: OK everyone relax.
By NellyFromMA on 8/27/2012 12:53:34 PM , Rating: 2
It's highly rare that a judge overturns a ruling handed down by jury...

yes, there's hope, but it's not exactly looking good.

Evidentally only Apple can make phone's with rounded corners... well, rectangular phones at least.

Strange times in the tech market...


isn't apple a monopoly?
By Spoogie on 8/24/2012 8:17:41 PM , Rating: 3
If Apple wins, doesn't it make them a monopoly? And if that's true, shouldn't the government split up the company?




RE: isn't apple a monopoly?
By Motoman on 8/24/2012 8:22:55 PM , Rating: 1
Nope. Even if the iPhoney had 99.99999% of the market, so long as there was reasonable access to similar devices that provided the same functionality, there's no monopoly.

Market popularity has nothing to do with being a monopoly. Which is why the iPod and iTunes are not, and can not ever be, a monopoly. Even if they had 99.99999% of the market. Plenty of other options that consumers can choose that do the exact same thing without penalty.


RE: isn't apple a monopoly?
By Spoogie on 8/24/2012 8:28:10 PM , Rating: 2
Pinch to zoom is Apple's, according to the ruling. How could the same functionality be employed?

And if they're ruling on things like trade dress, how can they be "similar." Samsung just got whacked for be similar.


RE: isn't apple a monopoly?
By Motoman on 8/24/2012 8:44:12 PM , Rating: 2
Use some other method to zoom. Or don't have zoom at all. A phone without zoom is still a similar device, and will still get the same functions done.


RE: isn't apple a monopoly?
By stm1185 on 8/24/2012 9:02:27 PM , Rating: 2
Or license the Zoom patents. Didn't MS license most of those patents while also agreeing to not slavishly copy. So that functionality in WP8 should be fine.


RE: isn't apple a monopoly?
By tecknurd on 8/24/2012 9:25:25 PM , Rating: 3
Apple does not license out patents or they do not do it easily. It will take time for Apple to license out patents such as "Pinch to Zoom."

The cost of SCSI should not be as high it was back long ago. SCSI is still very expensive. This means expect "Pinch to Zoom" be expensive. This costly patent will make it hard for any cellphone company to make good and quality device.


RE: isn't apple a monopoly?
By Solandri on 8/25/2012 1:52:33 AM , Rating: 3
Apple wanted $30 per phone, $40 per tablet to license its patents. At that price, Apple would be making several times more per phone/tablet than Samsung. Standard rate for a technology patent is around 1% of the item's price. 2.5% for a really good patent.
http://www.pcmag.com/article2/0,2817,2408425,00.as...


RE: isn't apple a monopoly?
By martin5000 on 8/27/2012 6:07:00 AM , Rating: 1
Your understanding of a monopoly is completely wrong.

Some economists argue that, in practice (i.e. not theoretical), even >25% market share could count as a monopoly.

If you think you need 100% market share, then there has never been a monopoly in human history.


RE: isn't apple a monopoly?
By Motoman on 8/27/2012 10:31:25 AM , Rating: 3
It is you who doesn't understand what a monopoly is...like the vast majority if idiots who rated my comment down.

A monopoly means one vendor controls all supply, or at the very least it would mean great hardship upon a consumer to get the product from any other vendor.

It's a physical impossibility for Apple to ever have a monopoly on anything. There's always plenty of other vendors to get products from that serve the same purposes, with no penalty to the consumer.

http://dictionary.reference.com/browse/monopoly

Unless somehow all the other cellular phone vendors (or .mp3 players, or .mp3 sellers, or whatever) just simply quit making products, Apple can never have a monopoly.

And that is an indisputable fact.


RE: isn't apple a monopoly?
By nafhan on 8/27/2012 5:10:11 PM , Rating: 2
Although there is more to monopoly than market share. There is almost always some correlation between the two (with some anti-competitive practices thrown in as well). I can't come up with a situation where Apple would somehow have 99.999999% of the market and NOT be a monopoly. At some point, with enough market share, it's very hard not to be anti-competitive.

In this case, I think Apple is already being anti-competitive, but they are doing so legally.


stupid jury
By muhahaaha on 8/24/2012 8:58:46 PM , Rating: 2
Love Apple or hate them, this was an idiotic decision by an idiotic jury, in an idiotic court in the hometown of Apple. How could they not be biased? How could they be patent law experts?

I read somewhere that Judge Koh has the ability to override the jury (can't find the original article). If this is true, I hope she's smarter then them and realizes the repercussions this will have on patent law and peoples' choice. Patent Trolling has now become an endorsed practice by the court system.




RE: stupid jury
By joebrooks on 8/25/2012 7:17:55 PM , Rating: 3
quote:
this was an idiotic decision by an idiotic jury

Some quotes from a description of the jury:

"Court transcripts indicate that this is largely an educated jury. Six graduated from college and three earned graduate degrees."

"Four of them have worked for technology companies, including Intel and AT&T. One worked for a hard-drive company. There are two engineers and one member owns multiple Samsung and Apple products."

"[One] juror has been on three previous juries, including at least two that involved civil litigation. He also has experience with patent registration and litigation. [This juror] told the court that he owned a startup during the previous decade. The company filed for and was eventually issued a patent concerning video-compression software."

Or in other words: idiots.

quote:
in an idiotic court in the hometown of Apple

Courts around the world have reached not dissimilar conclusions.

quote:
How could they be patent law experts?

I don't think you understand the purpose of a jury.

quote:
I hope [Judge Koh's] smarter then [sic] them

Yes, if only the jury could be filled with "higher thinkers" like yourself.

quote:
Patent Trolling has now become an endorsed practice by the court system.

*eyeroll*

This case went before an impartial and educated jury, who heard 25 hours of testimony from both sides, and ruled resoundingly against you. Try to figure out why that is--why there's such a gap between the careful, lengthy reasoning of intelligent people based on a balance of evidence from both sides, and your opinion. (Hint: There was no conspiracy.)


RE: stupid jury
By CarlosViscarra on 8/27/2012 5:03:14 PM , Rating: 2
OMG I LOVE your comment!

This is one the the best break down's of a M0R0N's post ive ever seen.

I am new here... being more fo a frequenter on BetaNews and AppleInsider... But im liking what im seeing so ill def add to my fav's at least for now!

P.S. To all those geeky Apple haters I say this: if you had ever created anything worth protecting, then some loser vitually photo-copied your work and started stealing your business, you'd be a bit P'O'd too!


RE: stupid jury
By Helbore on 8/27/2012 7:14:05 PM , Rating: 2
I take it that you also think that Apple were wrong to completely rip off the Android notification centre, then?


RE: stupid jury
By Helbore on 8/27/2012 7:10:19 PM , Rating: 3
And also many courts have ruled that Apple are patenting ideas that are fundamentally obvious. It's hardly some situation where most courts across the world are in agreement. In fact, I believe that most common law courts (ie. those that use the same basic legal system as the US) have generally ruled against Apple.

As for your proof of the jury's intelligence, that is an incredibly flawed list.

1. Graduate degrees prove nothing. This is the same as when you get creationists trying to show that some scientist has proved evolution wrong because a book was published by someone with a PhD. Only, their doctorate is not in something that makes them an expert in the field they are talking about. ie. someone having a college degree does not automatically make them an expert. Heck, it doesn't even make them intelligent.

2. Four people worked for technology companies. But in what? If you cannot identify why this is relevant, then this information is meaningless. They could have been the janitor, for all we know.

3. One juror owned Apple and Samsung products. You also left off the juror who's grandmother owned stock in Apple. You are slanting your evidence to create a biased result.


RE: stupid jury
By Gondor on 8/27/2012 12:45:52 PM , Rating: 3
Judge Koh is apparently on Apple's payroll so don't expect any changes there.


Idiocracy
By dgingerich on 8/24/2012 7:21:26 PM , Rating: 5
We have truly attained the tyranny of the stupid in this country. Seriously? They ruled that Apple's patent on the rectangle was valid?!?!

We're all screwed now.




RE: Idiocracy
By Motoman on 8/24/2012 7:55:43 PM , Rating: 4
The very fact that Apple has continued to exist, let alone thrive, has demonstrated that we've been screwed all along. We just didn't know how much.

The US patent and justice systems have just gone full retard. Just like all Apple fans.

Never go full retard. This is why.


RE: Idiocracy
By TakinYourPoints on 8/24/12, Rating: -1
RE: Idiocracy
By TakinYourPoints on 8/24/12, Rating: -1
RE: Idiocracy
By Belard on 8/24/2012 7:57:41 PM , Rating: 3
What a bunch of idiots! Everything we know... seems to point that the patents for generic stuff that is already on the market.

They couldn't build the phone themselves without Samsung's tech... which came from YEARS of experience of making phones long before the iPhone farted out Apple's butt!


RE: Idiocracy
By retrospooty on 8/24/2012 8:05:51 PM , Rating: 2
"We have truly attained the tyranny of the stupid in this country. Seriously? They ruled that Apple's patent on the rectangle was valid?!?!"

No, its a low level court in Apple's hometown (Silicon Valley).

Let the appeals court have it's turn. (Google Judge Posner if it will make you feel better).


RE: Idiocracy
By emueyes on 8/27/2012 11:05:39 AM , Rating: 2
I'd have to assume that this is all planned by Apple, that they have professional, intelligent people directing the company and that they hope to accomplish something here.

Something of worth to the company and its shareholders, is the implicit message. But what? I'm agnostic in most things, don't care who makes phones or cars, as long as they work, except in unusual circumstances. Are they trying to reassure themselves with assertion of IP (loosely defined), to display some sense of cohesion, a desperate and arrogant statement of control, over, of all things, constraining public acceptance of UI concepts to that which is Apple? At the most trivial level. Just what is it that they hope to achieve; they don't need money, or marketshare, they don't need to patent push ideas which should become as natural as handwriting.

Have they just become bitter green apples, who really haven't done much except give us more of the same lately. Perhaps Jobs gaveth and now they will squander that; it certainly follows their earlier trend before the second coming of Jobs and the companies subsequent reinvention. That's not going to happen again; I wonder what the consequences of this nonsense will be for Apple, planned or unplanned.


Appeal
By microAmp on 8/24/2012 6:16:35 PM , Rating: 4
They'll appeal it.




RE: Appeal
By pattycake0147 on 8/24/2012 6:23:42 PM , Rating: 2
Although true, we are still waiting to hear what the verdict is.


RE: Appeal
By TSS on 8/24/2012 6:31:58 PM , Rating: 3
Well looks like it's being scrutinized like all hell. I'll bet it'll make the grammer nazi's on here look like stoned rastafari.


Business as usual for the 9th court...
By sorry dog on 8/24/2012 11:57:31 PM , Rating: 5
1. The 9th court is the most overturned circuit court over the last 2 decades.

2. This jury must have just wanted to go home. I mostly believe in our court system, but there are times when it is totally unrealistic to expect random folks to fully evaluate a very long and technically complex case such as this...and if there were any people in that pool that were up to that task they were most likely struck by Apple's lawyers.

The majority of us can only hope that this will actually harm Apple's public image, but I'm not really sure how the media will report on this...plus it's on a Friday evening so it won't have as much news run as it otherwise would have.

I personally dream that Apple's products will also get banned in the Google case, so that the larger public will wake up to the problem of junk IP and how it hurts them.




RE: Business as usual for the 9th court...
By CarlosViscarra on 8/27/2012 5:18:19 PM , Rating: 1
I wonder what our founding fathers would think seeing american citizens lobbying against an American company (Apple) that was ripped off by a foreign company (scamsung)????

I would be ashamed to tell my kids that once upon a time American citizens were voting and rooting for the cheating company well known for ripping off products in other industries instead of rooting for the American innovator.

It is no coincidence that before the iPhone, 99% of phones looked like Blackberries!

And i dont understand what is so "long and complex" in having to look at a picture of one product, compare it to another, then determine its general resemblance, or a simple function on a phone being compared to another phone; pinch to zoom, bounce back.

But i guess some minds are beyond simple, as is the case here.


By GotThumbs on 8/27/2012 5:50:57 PM , Rating: 2
"American company (Apple)"

LOL...Thanks for the laugh. You do know that Apple builds ZERO of its products in the US. The only thing Apple is great at is the snowballing of the general American population.

Just waiting for every fanboi to drink the cool-aid and just die off.

Hey...at least Steve Jobs is dead. Now we can only hope and pray Apple follows shortly.

I despise Apples gardened prison that so many people flock like sheep to belong to. It's just so sad how many people or blind followers these days.

Best Wishes,


Patents
By PoikilothermicX on 8/24/2012 7:30:00 PM , Rating: 5
If the jury assumes the patents are valid then yes, I can see the jury being correct, but I can't see how anyone could think the patents have any validity. The Mitsubishi DiamondView thing I thought was very showing. As for physical design, every mobile phone ever made has always been a rectangle. We had an old Hitachi TV with a HUGE rectangular remote with all the buttons on it. It was quite literally a table with buttons.

I also don't get how you can take a patent for something like scrolling on a computer, change computer to "mobile device" and be granted that patent. So you're literally supposed to reinvent the wheel for a new device? Talk about killing innovation. I really should try to file a generic patent for a device powered by a propulsion system used to aid in transport.

From what I remember both I, Robot and Minority Report (2004 and 2002) both had futuristic displays that could be swiped thru, pinched, and manipulated just like an iPhone. Both movies were available on DVD before the iPhone was ever unveiled. It seems like the USPTO is completely incompetent.




RE: Patents
By ZagZee on 8/27/2012 10:45:14 AM , Rating: 2
http://en.wikipedia.org/wiki/2001:_A_Space_Odyssey...

All those things were also seen on a "black rectangle with rounded corners" in this little movie, released in 1968.


?"And boy have we patented it!"
By Brandon Hill (blog) on 8/24/2012 7:43:38 PM , Rating: 5
- Steve Jobs, Macworld 2007




RE: ?"And boy have we patented it!"
By muhahaaha on 8/25/2012 7:03:06 AM , Rating: 1
Brandon,

I'm sorry for all the anuses you have to deal with like MacDevDude, but not banning the trolls and being a cool guy is awesome... and your articles generally rock. Keep up the good work!

I'm not really too upset with the trolling of Pirks, MacDevDude, and all the others, because losers hang onto their beliefs even if they are wrong. We as higher thinkers, know that the world is upside-down, know it needs to be fixed, but have no idea how to effectively do that.

Anandtech and Dailytech are the best reads anywhere, but you guys do steal some crap from slashdot, and need to stop that. Seriously, some stuff from SlashDot has rounded corners, so shame on you.


By joebrooks on 8/25/2012 9:07:48 PM , Rating: 1
quote:
We as higher thinkers


Barf.


The loser: us
By oztrailrider on 8/24/2012 9:59:23 PM , Rating: 5
This sort of patent war garbage is exactly what kills competition and innovation. Consumers will be the real losers from this.




This is BS
By amanojaku on 8/24/2012 7:13:34 PM , Rating: 2
Looking at the breakdown of charges per phone, the phones that look the LEAST like iPhones are the ones that are penalized the MOST!!!




RE: This is BS
By geddarkstorm on 8/25/2012 12:05:34 AM , Rating: 2
Irony is a harsh mistress.

I think those older phones, like the Fascinate, had more iOS like software cues, or something. I don't know, that's just the only rational I can try to make for this mess.


Off with their heads
By Motoman on 8/24/12, Rating: 0
RE: Off with their heads
By Motoman on 8/24/12, Rating: 0
RE: Off with their heads
By corduroygt on 8/24/2012 9:01:53 PM , Rating: 2
Wouldn't work. TSMC has a market cap of $75B, Apple has more than that in CASH alone.


RE: Off with their heads
By Motoman on 8/27/2012 10:34:25 AM , Rating: 1
Having a foundry without the design for the chips does you no good. Apple would have to try to buy Samsung...or TI or somebody.

quote:
his comment is apparently spam and we do not allow spam comments.


...really, DT? How is the above comment "apparently spam?" GTFO.


Apple is on my list
By JohnWPB on 8/24/2012 10:47:13 PM , Rating: 3
And they call this American justice........ what a sham!

I hope that Google sues Apple into oblivion.





Apple Image
By ReloadAO on 8/25/2012 12:14:41 PM , Rating: 3
Apple is hurting their own marketing image by all these lawsuits.

It really doesn't matter if they are right or wrong.

At least I know few(40+) people whose switched from iPhone to other phones makers. One of reason was: Not so cool anymore.
On the other side it is really rare to see someone with "new" iPhone.

Simply, suicide from their side.




It feels good
By dsquare86 on 8/25/2012 1:42:58 PM , Rating: 3
That I just uninstalled iTunes from my PC - the only Apple product I ever had or will have. They will no longer see a penny of my money and I will continue encouraging others to avoid Apple.




Truth
By adrift02 on 8/26/2012 5:09:35 AM , Rating: 3
Jason, as opinionated as your articles are, I love the active monitoring of situations like this patent fiasco currently going on. It's a shame that technological innovations are being pushed aside for baseless copyright claims.




Boom!
By zlandar on 8/24/2012 6:50:25 PM , Rating: 2
Fallout: Seoul.




caveat vendor
By masteryoda34 on 8/24/2012 7:55:17 PM , Rating: 2
Watch out everybody, you cannot use rounded corners without a license from Apple Inc.




Well, that's unfortunate
By tayb on 8/24/2012 8:08:47 PM , Rating: 2
This is unreal. Samsung is virtually wiped from the US market unless they spend billions and cripple their devices. And then the devices they sell will be crippled. And they also have to write a check to Apple for $1.05 billion, which is not chump change even for a company such as Samsung.

At the end of the day though this verdict came from a jury of our peers so what can I really say? The patent system failed? The judge overstepped his or her bounds? Nay, our peers voted for this. Sure, Samsung will appeal, but they'll likely lose the appeal and in the process they'll lose billions and billions of dollars.

Just, incredible. I don't really know what to say. This is shocking. I expected a ruling similar to the South Korean ruling. "Fuck off, both of you."




ding dong
By muhahaaha on 8/25/12, Rating: 0
RE: ding dong
By muhahaaha on 8/25/2012 6:51:25 AM , Rating: 2
dammit edit button please, I'm not dumb, just didn't proofread my post, but how is that different than your daily-tech posts?


AWESOME!!!!
By CarlosViscarra on 8/27/2012 5:11:32 PM , Rating: 2
I just LOVE the infographic!!!

Thats one of the best graphics i have ever seen!

It took me a moment to get it tho...




who will be next
By paulster101 on 8/28/2012 12:42:27 AM , Rating: 2
This all adds up to steve jobs death wish. To sue Google out of business. Why, because " their stealing all our ideas". "I don't care if they offer me a billion dollars. I don't need the money, I just want them to stop sealing our ideas."
Of course it IS all about money. Because not one law suite has been lodged against Google, but against each individual phone company which carries Android. apple is so phony. Full of self praise and spin. jobs biggest asset.
Who is stealing who's ideas. apple's 1st phone stole over 40 patented ideas from Nokia. After several letters from Nokia, asking apple to please pay for the technologies they were incorporating into their iphone, Nokia decided to sue. Of course apple did not pay, but turned around and sued Nokia for 13 patent infringements. All 13 were tossed out. But apple was forced to pay for 2 Nokia patent infringments. I don't know what happened to the rest, I do know 5 were tossed out. But apple decided to pay for an undisclosed settlement. ( let's keep it dark, we don't want to look like idea stealers, people might stop believing we are the big innovators we profess to be)
I can't think of one thing apple has truly inovated. apple makes some good products. But they are way overhyped and over priced to sucker me. And what really blows me away, is the way Apple copies everybody else's technology and then professes to be the masters of innovation.




The smackdown cometh...
By Motoman on 8/28/2012 9:40:50 AM , Rating: 2
One of the jurors said that they decided all products with bezels around a flatscreen infringed on Apple's IP.

...really? Anything that has a bezel around a flatscreen infringes on Apple's patents? Take a look around...how many products that have flatscreens have bezels around them? Answer: all of them. By necessity.

Go read:

http://www.groklaw.net/article.php?story=201208251...

This is a wonderful article demonstrating how Samsung got homered by a wildly biased jury that went so far as to award millions of dollars in damages for products they found didn't even infringe.

Not only is this great fodder for Samsung to use to get everything reversed in appeal, but it might be enough to get these Macolyte jury members thrown in jail for dereliction of duty.




By paulster101 on 8/30/2012 1:59:09 AM , Rating: 2
This all adds up to steve jobs death wish. To sue Google out of business. Why, because " their stealing all our ideas". "I don't care if they offer me a billion dollars. I don't need the money, I just want them to stop sealing our ideas."
Of course it IS all about money. Because not one law suite has been lodged against Google, but against each individual phone company which carries Android. apple is so phony. Full of self praise and spin. jobs biggest asset.
Who is stealing who's ideas. apple's 1st phone stole over 40 patent ideas from Nokia. After several letters from Nokia, asking apple to please pay for the technologies they were incorporating into their iphone, Nokia decided to sue. Of course apple did not pay, but turned around and sued Nokia for 13 patent infringements. All 13 were tossed out. But apple was forced to pay for 2 Nokia patent infringments. I don't know what happened to the rest, I do know 5 were tossed out. But apple decided to pay for an undisclosed settlement. ( let's keep it dark, we don't want to look like idea stealers, people might stop believing we are the big innovators we profess to be)
I can't think of one thing apple has truly inovated. apple makes some good products. But they are way overhyped and too overpriced to sucker me. And what really blows me away, is the way Apple copies everybody else's technology and then professes to be the masters of innovation.




MAD
By Schadenfroh on 8/24/12, Rating: 0
Trouble..
By rippleyaliens on 8/24/12, Rating: 0
samsung is getting slammed
By Crazyeyeskillah on 8/24/12, Rating: -1
RE: samsung is getting slammed
By TSS on 8/24/2012 7:01:10 PM , Rating: 4
The patents aren't invalid either. Damn samsung is taking a rough beating.

This proves it. The US patent system is dead.


RE: samsung is getting slammed
By xti on 8/24/12, Rating: -1
RE: samsung is getting slammed
By Crazyeyeskillah on 8/24/2012 7:07:36 PM , Rating: 2
Over 1 billion 51 million so far. U can almost buy out facebooks plummeting stock for that much money


RE: samsung is getting slammed
By macdevdude on 8/24/12, Rating: -1
RE: samsung is getting slammed
By themaster08 on 8/24/2012 7:42:23 PM , Rating: 5
quote:
Now Samsung will die.
Why don't you follow suit?


RE: samsung is getting slammed
By GulWestfale on 8/24/2012 7:55:15 PM , Rating: 4
samsung won't die; to a company like google (who designed the android software), redesigning a few animations means nothing.

by the way, i used to have an iphone 3GS. bought a sony xperia ray last month, and i find the experience (upgraded to ICS) far better. two of my friends have the iphone 4, and they both have said that they like my phone better after having played around with it.


RE: samsung is getting slammed
By themaster08 on 8/24/2012 7:59:26 PM , Rating: 5
I agree. Of course this will be a blow to Samsung, but they'll still turn a healthy profit, and their phones will continue to sell. Samsung will make the slight changes needed to circumvent Apple's frivolous patents, and continue to sell their devices in droves.


RE: samsung is getting slammed
By MrBlastman on 8/25/2012 2:16:42 AM , Rating: 5
Dear Apple,
No matter how hard you try to ban other smartphones in the United States, no matter how loudly you yell, no matter how many judges and juries you piss off... and no matter how much crack you smoke--let me be clear about one thing:

I will never, ever buy one of your phones. You can't strongarm me into using your products. No, you've built a great wall of contempt in me that cannot be brought down.

Know this and know it clearly. Know that all the money you spend on lawyers, no matter how much, will be in vain. You will not get another customer out of it.

I look at you Apple in complete disgust.


RE: samsung is getting slammed
By qledo on 8/25/2012 6:27:02 AM , Rating: 1
RE: samsung is getting slammed
By MrBlastman on 8/25/2012 12:06:43 PM , Rating: 2
I'd love for patent reform but that petition has misspellings in it--how is it going to be taken seriously if they can't get their grammar right?


By anti-painkilla on 8/26/2012 6:04:55 PM , Rating: 2
Agreed, and it does not stated much. It needs more information on the current patent system and ideas on how to improve it.

Also it needs to be unbiased towards apple, that will not help their cause.

As for this, I cannot believe this even possible. This is just the start, you guys, Americans, need to address this, other Android devices will come to the courts after this. How can the bounce or pinch to zoom even been patented, these at least need to be invalidated.

TBH I have no idea where to start, but if it were my country I would start with people I know and grow from there (only 4M people in NZ). All the best, this really is just BullS***.


RE: samsung is getting slammed
By joebrooks on 8/25/2012 5:47:17 PM , Rating: 1
Durrrrrr.


RE: samsung is getting slammed
By MrBlastman on 8/27/2012 12:46:05 PM , Rating: 2
Fascinating tidbit there! I'll be sure to add that to my compendium of possible replies. Amazing!


RE: samsung is getting slammed
By xytc on 8/27/2012 6:24:06 AM , Rating: 2
Companies like Samsung, HTC, LG, Sony, Nokia and Motorola are in telecommunication business and some of them producing mobile phones since 1981.
From 1981 till 2007 all these companies have produced hundreds of mobile phones models and have sold billions of units worldwide before Apple was ever thinking of producing a mobile phone in 2007.
In contrast Apple was not a telecommunication company like the others and had zero history or research & development put in the field of developing mobile phones.
So in 2007 Apple just copied all the technology they could have found in all other mobile phones, smartphones and smart devices, and with all that stolen knowledge and technology they have created the iPhone.
Obviously they couldn't have been innovative in any way with their first mobile phone since all the technology was stolen from others, Apple's iPhone was nothing but a copycat.
If you wanna see what models of mobile phones, smartphones or smart devices did Apple just copied with their iPhone just check the following list of models that were produced way before the year 2007 when the first iPhone was released:
- remember the Compaq iPaq models released since year 2000 upwards
- then the old HP iPaq models released since year 2004 upwards, running on Windows Mobile featuring touchscreen displays with hand write recognition models: HP iPAQ h6320, HP iPAQ h6325, HP iPAQ rw6818, HP iPAQ rw6815, HP iPAQ rw6828
- Motorola models released since year 2004: Motorola A1000, Motorola A1010, Motorola ROKR E6, all smartphones with big touchscreen displays
- many HTC models based on Windows Mobile started from year 2002 upwards, including the first Windows Mobile phone released to marked, here are some model examples since year 2006: HTC P3300, HTC TyTN, HTC P3600 they are all smartphones with big touchscreen displays and hand write recognition
- in 2004 Samsung released a Windows Mobile phone model Samsung i700, again a smartphone with big touchscreen display
- Nokia Comunicator series released since 1998 models: Nokia 9000 Communicator, Nokia 9210i Communicator, Nokia 7710 touchscreen display, Nokia N95 they are all smartphones with big displays
- model from year 2006: LG KE850 Prada again with big touchscreen display
- model from year 2006: Philips S900
- models released since 2002 from Dell Axim X5 family:
Dell Axim X5
Dell Axim x50v
Dell Axim X30
- more models released since year 2002 upwards:
HP iPAQ hx4700
HP iPAQ rx3700
ASUS MYPAL A730
- all these smartphone models were made by HTC:
O2 XDA IIs
O2 XDA II
O2 XDA II mini
O2 XDA mini S
O2 XDA IIi
O2 XDA Neo
O2 XDA Exec
O2 XDA mini S
O2 XDA Trion
O2 XDA Orbit
Qtek S100
Qtek S110
Qtek 2020i
Qtek S200
Qtek 9000
Qtek 9090
Qtek 9100
Qtek 2020
Qtek 9600
Dopod 686
Dopod 818
Dopod 828
Dopod 818 Pro
Dopod 838
Dopod 838 Pro
Dopod D810/CHT 9100
Dopod D600
Dopod P860
i-mate JAM
i-mate JAMin
i-mate JASJAM
i-mate PDA2k
i-mate PDA2
i-mate K-JAM
i-mate Pocket PC
released in year 2004:
Orange SPV M500
T-Mobile MDA Compact
- released in year 2005:
Vodafone VPA Compact
Orange SPV M600
T-Mobile MDA Compact II
- released in year 2006:
Vodafone VPA Compact GPS
Orange SPV M650
Orange SPV M700
Orange SPV M3100
T-Mobile MDA Compact III
T-Mobile Wing
Cingular 8525

For the ignorants just check the above mentioned models to see how much iPhone resembles them in look and functionality.
http://www.gsmarena.com/htc_pocketpc_smartphone.ph...

Guys just keep in mind that there are many Apple employes which post pro Apple comments on sites like these trying to deceive people like you, they are among the biggest deceivers.
If you wanna know who is the biggest deceiver just read the Bible and you'll find that Satan is.
Ironically this doesn't seem to be the first time when Satan is using an Apple trying to deceive humanity.


By CarlosViscarra on 8/27/2012 5:10:25 PM , Rating: 2
WoW!!!!

When did you escape the "bin"!?!?!

LOL

BTW... if you look at all or most wars in this world today, religion is the center of the conflict. And nobody is fighting a war over satan... which makes you wonder where the real evil is?...

And if Apple didnt innovate anything, how do you explain that After the iPhone in 2007, all smartphones started to look like, OH you guess it, AN IPHONE!!!!!
WoW wouldya look at that!!! What a coincidence, no?

All these iPhone copycats just happened to come to the same "progression of technology" at the same time, coincidentally immediately after the iPhone!!!


RE: samsung is getting slammed
By Helbore on 8/24/2012 7:50:18 PM , Rating: 2
You really are just a troll, aren't you? You just push the craziness a little too far to be believable.

I feel you are trying just a little too hard to get referenced on Know Your Meme sometime in the future, though.


RE: samsung is getting slammed
By macdevdude on 8/24/12, Rating: -1
RE: samsung is getting slammed
By Helbore on 8/24/2012 8:29:35 PM , Rating: 1
Come on, man. You are a parody of an Apple fanboy. No-one would actually try and come across as serious and use a phrase like "Apple invented the rectangular smartphone." You are not even attempting to hide the stupidity of the comments you make, which is why its so clear you are trollin'

Don't take it as an insult, man. Kudos to you for parodying the internet fanboy.It's entertaining to read.


RE: samsung is getting slammed
By macdevdude on 8/24/12, Rating: -1
RE: samsung is getting slammed
By Helbore on 8/25/2012 9:19:32 AM , Rating: 1
Keep it up, dude. You're doing us all proud.


RE: samsung is getting slammed
By Cheesew1z69 on 8/25/2012 12:34:26 PM , Rating: 3
quote:
Apple invented the smartphone.
No, no they didn't....no matter how many times you say it, it doesn't make it true. I'll point this out once more to shut you down again...

http://www.pcworld.com/article/199243/a_brief_hist...

quote:
The Simon was the first real attempt by the tech industry to create a "Swiss Army Knife" type of phone that incorporated voice and data services into one package, as the device acted as a mobile phone, a PDA and even a fax machine (remember those?). What's more, the device even had a touchscreen that could be used to dial phone numbers, making it a true pre-pre-pre-precursor to the iPhone that would come 14 years later. The downside? Well, one Simon owner describes it as "brick-like, huge and heavy." And its original retail price was (eep!) $899. If you wanted a smartphone in 1993, you were probably better off waiting 17 years and paying $200 for an iPhone 4.


RE: samsung is getting slammed
By StormyKnight on 8/24/2012 10:44:59 PM , Rating: 3
quote:
Most Americans want Samsung and Android banned.

This is why you're a shameless troll. Unless you have citations proving this, you're completely full of shit.


RE: samsung is getting slammed
By Reclaimer77 on 8/25/2012 7:19:52 PM , Rating: 1
Well he's obviously right. Americans buy Android phones, which Samsung is the top seller of these, some 60% of the time. Clearly they want a ban...


RE: samsung is getting slammed
By Cheesew1z69 on 8/25/12, Rating: 0
RE: samsung is getting slammed
By Mumrik on 8/24/2012 8:25:01 PM , Rating: 3
You can't be that stupid, so this must be trolling...

"Apple invented the rectangular smartphone and the animations we today know as "smartphone"."

Head explodes...


RE: samsung is getting slammed
By bigboxes on 8/24/2012 10:54:47 PM , Rating: 1
I want the GBs,


RE: samsung is getting slammed
By Cheesew1z69 on 8/25/2012 5:03:34 PM , Rating: 5
Actually, I think he is that stupid.


RE: samsung is getting slammed
By tecknurd on 8/24/2012 9:13:57 PM , Rating: 2
quote:
They deserve every penny of it.

No they do NOT. Apple has plenty of money. They just want to win because they feel they have damages to be healed.

quote:
Apple invented the rectangular smartphone and the animations we today know as "smartphone".

Wrong. Apple saids they did, but Blackberry did. Unfortunately, the jury says Apple did, but does not mean they are actually first.

quote:
Samsung ripped it off in virtually every facet of the design.

Nope. People's opinions said they did not, but jury saids that Samsung did. I have seen Samsung Galaxy SII and it looks very different.

quote:
And you tards will all be buying iPhones. As I said before, he who laughs last laughs best, and me and most of the other folks from Anandtech are laugh at you biased Droid lovers right now.

Nope because cellular carriers that supports the iPhone are too expensive. iPhone is also too expensive. Also I do not like the iPhone because the design sucks. Fourth, since Apple won this round, I now hate it even more. Not going to buy it. There are other cellphones that I like.

quote:
Enjoy your iPhones, because soon that will be all you'll be able to buy.

Forcing an monopoly on us, Apple fan. Ain't going to happen. Apple will then be split up and Apple will not be Apple anymore. No Apple fan wants that.

quote:
Good job jury, case closed. Game over, Android. Apple #1 in the U.S. market.

The jury should have taken a week to make a decision. Two days is too soon to make a decision after reading 100 pages and 20 pages of questions. There is something suspicions.

Again if Apple is #1 in the US market and no other choices, that is a monopoly. Apple will be split apart by the government. Also Android is also an open source project, so Apple can't touch that. This means if Apple kicks out the commercial products that are based on Android, Android will still live and I do mean forever.


RE: samsung is getting slammed
By retrospooty on 8/24/2012 10:15:34 PM , Rating: 4
something suspicious,yeah just slightly . the case was tried just a few miles away from Apple's headquarters . hometown judge, home town jury, evidence deemed inadmissible... a higher court will see the appeal and the decision won't be left up to 9 dipshits from Cali.


RE: samsung is getting slammed
By zerocks on 8/24/2012 9:25:41 PM , Rating: 5
You are completely incompetent.

Apple winning a lawsuit against Samsung doesn't mean all android phones will be banned and even if it did, the vast majority are going to move to Windows phone before they move to Apple.

the iPhone is going to be dead in a few years because Apple sat down and forfeited all of their power as soon as they started suing people instead of making the iPhone good.


RE: samsung is getting slammed
By StormyKnight on 8/24/2012 10:42:56 PM , Rating: 2
You couldn't give me a free iphone, much less me buying one. I'd go back to a basic flip phone before I'd buy crapple.


RE: samsung is getting slammed
By muhahaaha on 8/27/2012 3:11:45 AM , Rating: 2
I did already. No more unlimited data plans = why waste my money? I have 20Mb/s at home for my PC, $19.95 per month, no cap.

We need to send a message to AT&T, Verizon, Sprint, etc. :

FU


RE: samsung is getting slammed
By glennforum on 8/24/12, Rating: -1
By CarlosViscarra on 8/27/2012 5:25:05 PM , Rating: 1
Well despite you being WWWAAAYYYY off topic with your anti obama rant...

Ill say this... it was the republicans who allwoed Monsantto to patent food naturally grown on earth...

Yes the republicans allowed Monsanto to patent CORN and POTATOES and other food, that before that, was a naturally occuring product on earth... So yeah, vote republicans in and I promise they will let Monsanto patent blonde hair so that you will have to pay them to license blonde hair and blue eyes for the rest of your life!


RE: samsung is getting slammed
By estarkey7 on 8/27/2012 4:26:13 AM , Rating: 1
Before I buy an iPhone, I will design my own damn phone. Have you seen the movie 'Law Abiding Citizen'? Engineers truly run the world, and the thing we hate the most is being forced to do anything. We want the freedom of choice, and if Apple had a truly good product I would buy it.

But I tell you what, I'd use payphones before I buy an Apple product. The only Apples allowed in my house are EDIBLE .

If you've heard of the Raspberry PI, you would understand just how feasible it is for the engineering community to make a killer phone AT COST, just to screw Apple over. In fact, since I'm a Software Engineer by day, my new hobby just became writing viruses for iOS! Thanks, I needed something meaningful to do in my spare time.

Apple, you got a bulls-eye on your forehead, and the EE community is holding a crossbow.


By CarlosViscarra on 8/27/2012 5:28:02 PM , Rating: 1
thanks now I will report you to the FBI for a felony...

"conspiracy to commit malicious software attacks on public domain"...

sad part... you think I am joking!


RE: samsung is getting slammed
By TSS on 8/24/12, Rating: 0
RE: samsung is getting slammed
By TakinYourPoints on 8/24/2012 7:31:15 PM , Rating: 1
quote:
What you need to realise is apple was just granted validity of a patent that mimics a natural phenominon as well as a patent on a geometric shape. That's all.


Microsoft and HTC were both used as specific examples by Apple lawyers that it is possible to make a smartphone or tablet while doing your own chassis and UI designs. This is about something much more specific than a simple geometric shape. That is a serious reduction of the similarities in designs.

Either way, this really isn't such a big deal. $1.05 billion in damages is probably less than Samsung would have spent in R&D and marketing had they done their own thing rather than being so blatant and purposefully deliberate about copying with their TouchWiz UI and chassis designs.


RE: samsung is getting slammed
By TSS on 8/24/2012 7:46:54 PM , Rating: 1
No it really isn't. The lawyers have reasoned it to be but that doesn't make it so. The judge decided it did but that still doesn't make it so. You can cover a turd with sprinkles, it's still a turd. Apple was granted a patent on the basis of semantics, basically.

I'm not fine either with apple lawyers determining what is somebody's "own" design - in this case a patent giant with a crosslicencing agreement with apple which made apple in the first place, and another company which they did sue for infringing on their patents and are engaged in a patent war with - only it has google with it's motorola patents backing it now.

I think we all know it's not about the money. It's about patents VS innovation. And very clearly patents won the day.


RE: samsung is getting slammed
By TakinYourPoints on 8/24/2012 8:09:10 PM , Rating: 2
Innovation may have actually won out at the end of the day. This might encourage Samsung to do more of their own designs rather than me-too copying of what other companies do. Before they were in the business of copying Apple phones and tablets they were sued by RIM over Blackberry wanna-bes.


RE: samsung is getting slammed
By TSS on 8/24/2012 8:33:28 PM , Rating: 2
Are you fucking kidding me?!?!

Allright, allright. So samsung designs something different, let's say an elliptical shape. Because of this ruling, samsung will patent the hell out of that shape to make sure apple can't make one and patent it then use it to sue samsung. The patent system has already been reformed recently to a first-to-file system, meaning prior art no longer matters.

So then HTC wants to make a new phone. Now it cannot make a rectangal, OR a elliptical phone. So they have to make a round one.

All shapes will be patented untill only the very inconvenient are left (remember every phone is a rectangle because it's the most convenient shape!) But it doesn't end there. All animations will be patented. All manners of shapes and forms will be patented.

And then a new Apple arrives. Remember the smartphones before apple? The first Iphone *was* better then all the other phones. It wasn't innovative, but it was better. In the same way back in the day the Apple II was better then all current offerings, but not innovative (they used off the shelf components for example).

But now, that company will have to pay a ludicrous amount of royalties, both in quantity and amount, to a number of companies who have aquired patents on basically everything required to actually build a device (enclosure shape, icon shape/color etc). So much, that not even billions of dollars will be enough to launch a product.

Considering how there are already a few big patent giants, that means no new companies except those sanctioned by those giants will arise anymore. They will be the new elite. And once their position is secured, innovation will be a mere afterthought, rather then a nessecity. They will just continue to push out extremely minor upgrades of designs they've already patented and tested in court to be Theirs.

And the consumer will love it because it's all they've got.

PS. Apple copied the fuck out of everybody else and has in the past admitted to doing so multiple times. They are the most guilty of everything you say.


By TakinYourPoints on 8/24/2012 9:02:55 PM , Rating: 2
When Google tells you "stop doing what you're doing, you're copying Apple", and Samsung shrugs it off and keeps doing what they're doing, it shouldn't be a surprise that they paid the price for it.

Samsung seems to think the whole world works the way that South Korea and China does. Their chairman consistently gets in trouble with the law only to have his buddies in the government pardon him. In South Korea, Samsung is the 'too big to fail' company that provides a large part of their entire economy. It is in their best interests to let them do as that please. However, they seem to forget that outside of South Korea, people don't view them that way.

This verdict does nothing for or against Android. These issues are strictly Samsung based, being focused on TouchWiz and physical design of the phones.

If anything, all the Android users should be happy, THRILLED even. It means that other Android OEMs will be more likely to stick with the stock Android UI, without rooting, in order to avoid nonsense like this.


RE: samsung is getting slammed
By Reclaimer77 on 8/25/2012 12:17:29 AM , Rating: 1
Don't take him so seriously. He's a self confessed Apple stockholder, so he can't help but be biased.

Takin started out halfway decent here, but since then he's become more and more of a Tony/Macdevdude clone. Completely and obviously in the tank, with a side of bad trolling. It's almost as if he believes the more he can lie about Apple, the higher his stock price will get.

Takin and others don't seem to understand that this isn't a question of patents being violated or not. It's a question of the validity of software and design patents with this much vagueness and broadness.

It's been really funny watching his kind abandon all common sense, and instead pretend to be experts in IP and patent law and cling to it no matter what. I generally find the side to cloak themselves in legaleses first, is the one with the weakest position.


RE: samsung is getting slammed
By TakinYourPoints on 8/25/2012 2:09:45 AM , Rating: 2
Started out halfway decent? No dude, you've been on my case since I started posting here, haha. I'm a huge PC guy (my rig is way faster than yours, I know that), but I also don't go full on fanboy like you/Motoman or Swash/macdevdude. You're all both different sides of the same fanboy coin.

I also know that nothing I say has any bearing on stock price. What I say here doesn't matter one iota. What does matter is that Samsung, a company that has a long history of copying and being sued by others (RIM over the Blackjack before the iPhone), was caught willfully and deliberately doing so against Apple. They were warned by Google, and Apple even offered licensing terms before suing them. Samsung decided to risk going to court and they lost, whatever.

Either way, in the end Samsung did a-ok. For a billion dollars they became one of the largest sellers of smartphones out there. Microsoft bought Skype for $8 billion. For 1/8 of Skype they took the place of RIM and Nokia, not bad!

As to validity of patents, that's a whole other topic. It can certainly be debated whether or not they are silly. I actually think many of them ARE silly, and I believe that patent reform would be a good thing, but at the same time I'm glad to see that an maker of suchs blatant knockoff goods is getting theirs, but then again I love America.

Why do you hate America?


RE: samsung is getting slammed
By Reclaimer77 on 8/25/2012 2:55:52 AM , Rating: 1
quote:
Started out halfway decent? No dude, you've been on my case since I started posting here, haha.


Yes but even then you made damn good arguments. Even if you resorted to childish attacks about my region or whatever when you got tired of losing.

Now you're just another cheerleader who views everything through an Apple shaped prism. Supporting Apple's legal crusade against the world puts you clearly on the wrong side of the fence. Period.

Man you just REALLY love repeating yourself though. You've tried to make the same argument a million times, and failed. Nobody outside of a few zealots believes Samsung's products are a "copy", so just give it up.

This isn't about patents and you know it. Steve Jobs, in his own words, clearly believed that Apple "invented" the modern smartphone and nobody else had the right to "steal" his idea. That's what this is about.

quote:
Samsung decided to risk going to court and
they lost, whatever.


Yeah they lost in the court that has had the most rulings overturned in the history of our court system. A Silicon Valley judge and jury where evidence that clearly aided Samsung's case was declared invalid for no reason.

quote:
I also don't go full on fanboy


You really believe that don't you? Sad...


RE: samsung is getting slammed
By TakinYourPoints on 8/25/2012 3:36:02 AM , Rating: 2
Of course I believe it. I've built my own PCs for almost 20 years, I also own Apple stuff, I was one of the biggest WP7 cheerleaders up until a year ago when sadly their hardware didn't keep up, and I'm the biggest Kindle e-reader fan (fanboy, haha) you'll ever find.

I have my fingers in all kinds of pies, I try and use what's best for my needs. Fanboys generally only prefer an ecosystem or company at the expense of everything else, like you and Android or Motoman and his ridiculous anti-Intel bent, or Swash/macdevdude and their fanatical devotion only to Apple products. I like whatever is really good, no matter who makes it. Any issues I have with Android (OS/hardware fragmentation, software piracy, malware) would be addressed if Google took control over it from carriers and manufacturers. I still think they need to. Simple!

As for this trial, the system isn't perfect but it did ensure something important: If Samsung won then it would prompt companies not to innovate because someone could take your years of R&D and 'take notes' to make a knockoff in three months time.

The system is broken but it can't be completely tossed out.

American companies that spend money on R&D to bring new products to market: 1
Asian conglomerates that use American companies as free R&D departments: 0

I'm ok with that. At the very least it means that Samsung will finally license tech from Apple as Microsoft and others have done, and they may also do what others have done and differentiate their designs enough to actually *gasp* innovate!

Hell, at the very least they'll dump TouchWiz and go with stock Android instead, that's cause for celebration right there.


RE: samsung is getting slammed
By TakinYourPoints on 8/25/2012 3:42:32 AM , Rating: 1
And to be abundantly clear, I don't feel that Samsung has significantly contributed anything to our understanding of handheld computing, multitouch interfaces, or communications with their work. I can't think of a single thing Samsung has done with their phones or tablets that would make an interesting journal article on engineering or design.

Companies like Microsoft didn't reinvent the wheel, but came up with incredibly fresh interesting designs that could not possibly be misconstrued as an Apple product. I feel that they've significantly contributed to our understanding of design and even the very language of devices of the small tablet form factor. Progress isn't retreading the same material over and over again, it's forging ahead.

Samsung's post-trial press release with talk of stifling innovation is comical. They only innovation they've shown is at the photocopier. I don't understand how nerds can defend companies like Samsung in one breath while bashing Zynga in the next, they're philosophically one and the same.


RE: samsung is getting slammed
By Reclaimer77 on 8/25/2012 9:48:50 AM , Rating: 2
quote:
And to be abundantly clear, I don't feel that Samsung has significantly contributed anything to our understanding of handheld computing, multitouch interfaces, or communications with their work. I can't think of a single thing Samsung has done with their phones or tablets that would make an interesting journal article on engineering or design.


Well this is just opinionated drivel that has no bearing at all on the discussion. Just because you're plainly ignorant about Samsung and Apple alternatives, doesn't make you right.

"Contributed to our understanding"? What is this, research? I'm sorry, I thought these were consumer products!

I suppose pushing the boundaries of acceptable form factor sizes with the Galaxy Note, a nearly tablet sized phone, didn't contribute anything to our understanding of handheld computing? After being laughed at by Luddites and called "ridiculous", it's quietly racked up millions of sales.

Samsung developed the very technology smartphones depend on. 25% of the iPhone 4S has Samsung stamped on it. How have they not contributed? That's just BS and you know it.

Just give it up, you've got nothing.


RE: samsung is getting slammed
By TakinYourPoints on 8/25/2012 3:24:03 PM , Rating: 2
Well, no, Samsung hasn't contributed anything to mobile interfaces. Before the iPhone, Samsung was all-in on cloning BlackBerrys and clinging to the traditional Windows Mobile formula. It had no inclination to embrace full-touch finger-optimized smartphones until after it was clear the iPhone wasn't a one-off blip.

Samsung wasn't interested in being innovative until it had a kick in the ass from a competitor, and even then it was all about making, by their own admission in court, a copy of iOS and the iPhone 3G chassis. This is far less than what Microsoft has been doing, they're actually trying to innovate and push things forward in their own way with WP7/8.

This isn't Apple vs Android, it is Apple vs Samsung, and defending Samsung is defending the exact opposite of defending innovation. Again, blows my mind that a lot of the same people who bash Zynga step right up to defend Samsung. It is the same BS.


RE: samsung is getting slammed
By Reclaimer77 on 8/25/2012 4:17:41 PM , Rating: 2
Okay well you've firmly proven that you are now more of a troll than ever. I can see you grinning at your keyboard like Tony, taking glee and saying to yourself "This will get him going for sure!". I'm not playing the game anymore.

You haven't made a single valid point in this entire discussion. You're hopelessly blind to anything non-Apple.

quote:
It had no inclination to embrace full-touch finger-optimized smartphones until after it was clear the iPhone wasn't a one-off blip.


So? I don't think there's any doubt that Apple changed smartphones forever due to simply being first to market with a multi-touch phone and OS optimized for it.

But so what? That doesn't give Apple the right to a monopoly or to own the concept of a smart phone.

Patents are supposed to encourage innovation and market players. How is supporting a Samsung "ban" or Apple monopoly helping that?

Software and design patents clearly need reform because nobody has the right to "own" concepts like rounded corners and obvious UI elements. Nobody should own multitouch patents because it's become THE defacto standard of using modern smartphones. It's like a car company claiming they own the rights to using radial tires, everyone else can just come up with something else on their own!

quote:
This is far less than what Microsoft has been doing, they're actually trying to innovate and push things forward in their own way with WP7/8.


MS uses "pinch to zoom" in Windows Phone too. Just because Apple has not chose to sue Microsoft as well, doesn't mean they couldn't make the same arguments that Windows Phone is a "stolen product" too. You're using VERY poor circumstantial evidence to make your case.

Also they made a cross licensing deal with Apple to share some patents. But so what?

Basically your logic is a product is a "clone" if Apple says it is. Whether or not something actually is. Microsoft isn't more original, them and Apple just got in bed together to fight Google. Typical tech company dirty pool.

Also Microsoft has significant patent holdings that Apple is in violation of, so if they went after MS, they'd just get into hot water themselves, so there's no real benefit to it.

quote:
Again, blows my mind


That explains a lot. You clearly have no grey matter left to lose.


RE: samsung is getting slammed
By Reclaimer77 on 8/25/2012 4:16:38 AM , Rating: 2
I just think it's funny you can't see what an extremist you are. Even if Samsung copied aspects of the iPhone for their products 2+ years ago, to make a blanket statement that they don't "innovate" at all is not only inflammatory, but grossly inaccurate.

I guess the Galaxy Note didn't innovate? Right, you probably would say it's just a "giant" iPhone. Samsung's phones being thinner, lighter, and with larger screens isn't innovative either huh. They INVENTED an entire display type, SAMOLED+!! Is that not innovation? Come on man.

quote:
American companies that spend money on R&D to bring new products to market: 1 Asian conglomerates that use American companies as free R&D departments: 0


Someone needs some fact checking! Apple is notoriously frugal on R&D spending. They don't even come CLOSE to Samsung's R&D budget.

Secondly Samsung employs 6 times more people than Apple. Samsung has more Americans working for them than Apple. Samsung arguably benefits the American economy MORE than Apple. And without Samsung's components, those highly profitable iDevices wouldn't even be possible on the scale they are today.

Hell Samsung is investing $4b to build a chip manufacturing plant in the US. Wake me up when Apple has a product NOT made in China. Instead they choose to build up a "warchest" of billions of dollars for a spiteful legal campaign when they could be investing into the economy and moving some production here.

Oh and nice job with the "Asian conglomerate" jab, nationalism sprinkled with just a hint of bigotry. Damn those Asians and their conglomerations!! Support Apple, the worlds largest employer of suicidal Chinese 'workers', but damnit, at least they're AMURICAN!

quote:
As for this trial, the system isn't perfect but it did ensure something important


It didn't ensure anything. There will be appeals. And it will be years before any money even changes hands. This isn't over. In the meantime Samsung will continue to innovate and outsell Apple in unit sales.

quote:
If Samsung won then it would prompt companies not to innovate because someone could take your years of R&D and 'take notes' to make a knockoff in three months time.


And you aren't a fanboi? What "innovations" has Apple done to the iPhone platform in the last 3 years? Sorry, Siri doesn't count. It's the same phone. Your bias is preventing you from seeing that it's everyone ELSE innovating in the smartphone market, not Apple.


By TakinYourPoints on 8/25/2012 3:35:58 PM , Rating: 2
quote:
Someone needs some fact checking! Apple is notoriously frugal on R&D spending. They don't even come CLOSE to Samsung's R&D budget.


Yup, highly efficient R&D, that kind of ROI is something to be envied. To spend that much and have so much influence over the direction of the entire tech world is pretty amazing. It might also speaks volumes about how poorly optimized and focused other companies are in comparison, who knows. Microsoft throws away billions on R&D that never ends up in a shipping product because their leadership has (sadly) been garbage lately.

quote:
I guess the Galaxy Note didn't innovate? Right, you probably would say it's just a "giant" iPhone. Samsung's phones being thinner, lighter, and with larger screens isn't innovative either huh.


You know what, I'm glad Samsung is doing this! I've said before that this ruling will be an even bigger kick in the pants for Samsung to actually differentiate its products further. And if it happens, dumping TouchWiz is also a victory for Android users everywhere!

Samsung has been copying, there is no question. If this trial pushes them to further split off from the original work of other companies like Apple and RIM, good for them, its about time.

quote:
Hell Samsung is investing $4b to build a chip manufacturing plant in the US.


Yup, a chip manufacturing plant for making Apple SoCs that is next door to Apple's SoC development campus. Coincidence? You have Apple to thank for that American Samsung plant happening, meanwhile Samsung is spending several times that amount making more fab plants in China.

quote:
Oh and nice job with the "Asian conglomerate" jab, nationalism sprinkled with just a hint of bigotry.


I thought you were the "anti-PC" guy around here. No, it isn't bigotry, it is just a fact that companies in that region see copying products very differently. The concept of "Asian knockoffs" didn't just materialize out of thin air, it is a cultural difference. Same applies to how piracy is seen differently there and in Eastern Europe, it isn't seen as harmful or bad.


RE: samsung is getting slammed
By joebrooks on 8/25/2012 6:28:24 PM , Rating: 2
quote:
Oh and nice job with the "Asian conglomerate" jab, nationalism sprinkled with just a hint of bigotry.


ASIAN?! That's racist!


By CarlosViscarra on 8/27/2012 5:57:13 PM , Rating: 1
Samsung has more employees because they need more people to RIP OFF other products in other industries like appliances and TV's!!!

Apple only focuses on consumer electronics.

I dont understand how you even consider that relevant!???
Who hires more employees has little to do with the final products!

Do you know how many employees samsung has in the phone division? Id be shocked if you knew that internal detail!!!


RE: samsung is getting slammed
By joebrooks on 8/25/2012 6:17:16 PM , Rating: 2
quote:
Nobody outside of a few zealots believes Samsung's products are a "copy", so just give it up.


Yeah... like those "zealots" on that impartial jury.

I think what you meant to say is that no one outside of a few zealots can look at the evidence and say that Samsung's products weren't in some respects blatantly copying Apple's.


RE: samsung is getting slammed
By Reclaimer77 on 8/25/2012 6:39:09 PM , Rating: 1
Impartial Jury...

That was sarcasm wasn't it?


RE: samsung is getting slammed
By joebrooks on 8/25/2012 9:05:17 PM , Rating: 1
Haha, right, you're not biased, it's that group of randomly selected people that's biased. Of course. And each of them is biased to such an equal degree that they reached a unanimous verdict. I'm sure that had nothing to do with the facts of the case.

Was everyone biased? Is the judge biased? Was the evidence biased? Were Samsung's lawyers biased in favor of Apple? That would go a long way toward explaining how little they seemed to take this case seriously.

The part about them being "zealots" was sarcasm, but I suppose you actually believe it.


RE: samsung is getting slammed
By retrospooty on 8/26/2012 10:35:51 AM , Rating: 1
So you dont think a Judge and 9 jurers from Apples hometown in the Silicon Valley would be biased? You also dont seem to think the judge disallowing vital evidence of prior Art that showed Samsungs designs long before iPhone exposure was biased. You also then seem to think its OK for Apple to be allowed a patent on rectangular phones.

It's a damn good thing your opinion doesnt matter. This will go to a higher level appeals court where much smarter people will look at it rather than 9 dipshits off the streets of CA and a Judge that knows nothing of tech.


RE: samsung is getting slammed
By joebrooks on 8/27/12, Rating: 0
RE: samsung is getting slammed
By retrospooty on 8/27/2012 1:20:57 PM , Rating: 2
Dont patronize me you putz. I am from the Silicon Valley, my whole career has been there up until I moved to AZ sevearl years ago. I know the place and the people there. I have also read the case files and how they agreed to the patent that Apple has on any rectangular phone with rounded edges.

Whatever. Let the appeals process do its thing.

Want a clue what an unbiased trial gives you? The case in England resulted in the Judge ordering Apple to publicly apologize on the front page of their UK website. Apple appealed it and got the judge to not enforce it until the appeal, but that is a clue how it could go.


RE: samsung is getting slammed
By Reclaimer77 on 8/26/2012 10:41:35 AM , Rating: 2
Yup and OJ Simpson never really murdered anyone either.


By CarlosViscarra on 8/27/2012 5:53:26 PM , Rating: 1
Dude STFU and stop WHINING!!!

You sound like a pansy little B1TCH!!!!

Is it your time of the month? Go change your rag!
Geez If you were in front of my id B1TCH slap you for actin like a ho!!!!

Man up! The river you're crying is tearing up my keyboard.!
Your father would be ashamed of the cry baby youve become! It really is disgusting!

Scamsung ripped off Apple. A jury of 9, with 6 college graduate, and 3 grad school graduates made it clear beyond a reasonable doubt.

Now seriously STFU!!!


By CarlosViscarra on 8/27/2012 5:37:51 PM , Rating: 1
WOOOHOOO!!!!

And I awoke that day, and to my surprise, there it was in all its glory!!!!

I had found "COMMON SENSE"!!!!!

:-)


RE: samsung is getting slammed
By W00dmann on 8/25/2012 2:59:36 PM , Rating: 2
Hi TSS, although I am not altogether upset about the ruling, I just wanted to say that you made some excellent points in your post. I'll have to agree with you that I, too, hope that things as basic as "cell phone shapes" aren't trademarked otherwise we'll all be in a world of hurt.


RE: samsung is getting slammed
By joebrooks on 8/25/2012 6:01:39 PM , Rating: 1
quote:
PS. Apple copied the fuck out of everybody else and has in the past admitted to doing so multiple times. They are the most guilty of everything you say.


Is that so? Funny how they haven't been sued for over a billion dollars for these serious patent violations you're accusing them of. I wonder why that is. Conspiracy?

If you really think this trade dress case is about shapes, I think you need to do some more reading. I think you'll find that the law of the real world is much more nuanced than the legal world you dreamed up in your head.

Pro-tip: The jurors in this case was infinitely more informed about its details than you were, and yet they resoundingly ruled against you. Try to figure out why that is.

Also, if you don't understand how protection of IP promotes innovation, you also need to do some more reading, since that's kind of the whole point of it.


RE: samsung is getting slammed
By CarlosViscarra on 8/27/2012 5:31:42 PM , Rating: 1
HAHAHAHAHAHA

Google LITERALLY wasted $12 BILLION DOLLARS in that whole acquisition!!!!

So far NONE of those patents have been deemed worth a penny!!!

Google has not been able to use any of those thousands of patents to get an advantage over Apple!

It was an impulse buy, and Larry Page is a M0R0N for spending that much! It will be YEARS before google can recoup those $12 BILLION thru selling phones and tablets!


RE: samsung is getting slammed
By Cheesew1z69 on 8/28/2012 1:32:24 PM , Rating: 1
They just closed the deal last month or the month before... not much time to do anything. So you really should calm the fuck down.


RE: samsung is getting slammed
By Reclaimer77 on 8/25/2012 12:18:53 AM , Rating: 2
quote:
HTC were both used as specific examples by Apple lawyers that it is possible to make a smartphone or tablet while doing your own chassis and UI designs.


Lol! Apple sued HTC for the same thing. So yeah, great example there...


By TakinYourPoints on 8/25/2012 2:13:44 AM , Rating: 2
Yeah, they sued over HTC phones that were blatant copies. Apple presented examples of HTC phones made afterwards that did their own thing, as well as Lumia phones that again, are decidedly different designs in both chassis and UI (with some aspects that Microsoft, unlike Samsung, DID license from Apple).

Again, this is a WIN in innovation for Android fans. At the very least this means that Samsung may abandon TouchWiz and go with stock Android without users needing to root. That's GREAT news, no?


RE: samsung is getting slammed
By masamasa on 8/24/2012 7:12:31 PM , Rating: 2
"Apple has been granted exclusive rights by the U.S. Patent and Trademark Office to animate this class of naturally occurring phenomena, oft observed visually in nature."

When you can patent the crap they have allowed it should be dead. USPTO is a joke.


RE: samsung is getting slammed
By masamasa on 8/24/2012 7:16:03 PM , Rating: 3
"More surprisingly the jury found Samsung guilty of infringing Apple's U.S. Design Patent No. D618,677 and D593,087, which Apple's attorney's argued in testimony give it exclusive rights to produce rectangular smartphones with rounded edges."

Pathetic...protectionism as it's best. USPTO, once again...an organization with zero credibility.


RE: samsung is getting slammed
By joebrooks on 8/25/2012 6:21:41 PM , Rating: 1
Care to attribute those quotes?


RE: samsung is getting slammed
By Uncle on 8/25/2012 1:44:35 AM , Rating: 1
Agree, its skewered for american companies. apple can have all their products in every store, as long as I can buy and import my products from offshore.Or is apple going to shut down the delivery system from offshore also, to monopolize itself. It did my heart good to read that apples sales in china is dropping fast. apple can't fuck them around like they can Americans.


By inperfectdarkness on 8/26/2012 9:24:48 AM , Rating: 2
agreed...if only because it's the most visible positive proof that the US is headed to a brutal fall from grace.


My second response
By Tony Swash on 8/24/12, Rating: -1
RE: My second response
By Helbore on 8/24/2012 7:32:59 PM , Rating: 3
Tony, putting everything else aside, do you honestly believe that a patent for a rectangle with rounded corners should be allowed?

Just that one. Do you think that is something that can be claimed as an invention and should be owned by a single company?


RE: My second response
By Zshazz on 8/24/2012 8:10:04 PM , Rating: 3
You forgot something very important...

quote:
Do you think that is something that can be claimed as an invention and should be owned by a single company for 20 years ?


fix'd


RE: My second response
By themaster08 on 8/25/2012 2:35:01 AM , Rating: 3
Don't expect an answer from Tony. He's great at diving these straight forward questions. He knows the real truth, but his infallible fanboyism forces him not to speak out.

If he does respond, expect a long rhetoric about how the jury have made their decision, and how much money Apple made last quarter. Either that, or "I don't care". Y'know, typical, self-righteous, elitist Apple fanboy responses.


RE: My second response
By bupkus on 8/25/2012 9:12:17 PM , Rating: 2
He will never reply to this kind of question because it involves logic and a sense of proportion. He is a troll who would prefer to search for a laugh track and provide a download to mock others who present logic to their statements.


RE: My second response
By CarlosViscarra on 8/27/2012 6:01:28 PM , Rating: 1
Crack Kills!

Your mother must be a survivor!

Apple was awarded a patent for the design of a phone".

They were never awarded a patent for a rectangular phone. Had you done any fact checking instead of parroting samsung executives you wouldnt look as stoopid. These scamsung guys obviosuly succeeded at dumbing down the whole idea of what that patent was about.


RE: My second response
By Helbore on 8/27/2012 6:56:23 PM , Rating: 2
Dumbing down what the patent was about, or cutting through all the legalese bullshine to get to the underlying point of the patent.

I did my fact-checking. I disagree with your interpretation of the patent. I also doubt your ability to present a reasoned case, due to the fact that your initial defence of Apple's patent was to use an ad hominem attack - or more specifically; you mum-cussed me like a 14-year-old in a school playground.


RE: My second response
By Mint on 8/24/12, Rating: 0
RE: My second response
By drycrust3 on 8/25/2012 6:39:34 AM , Rating: 1
quote:
This is good. This is good for innovation. This is good for consumers, the industry and the whole tech market.

I think its a pretty sad day for America.


RE: My second response
By troysavary on 8/25/2012 5:18:30 PM , Rating: 1
Actually, about the only thing tis is good for is Microsoft. Samsung has already made a commitment to making WP8 devices. All this verdict can do is strengthen that resolve. Apple will have a lot more trouble suing manufacturers using MS software instead of Google. With both Nokia and Samsung making higher end WP8 devices, I expect that we will see WP8 making a serious bid for marketshare.


RE: My second response
By TakinYourPoints on 8/25/2012 6:45:54 PM , Rating: 2
Microsoft licenses from Apple (something Samsung refused to do) and WP7 is novel enough to not be taken as a copy of iOS in the same way TouchWiz was, so there isn't really anything to sue about.

And yeah, hopefully this means a better shot for WP8, it deserves to have more market share than it does.


Samsung fights back
By Tony Swash on 8/24/12, Rating: -1
Android Fanboyism
By W00dmann on 8/24/12, Rating: -1
RE: Android Fanboyism
By bupkus on 8/25/2012 12:47:47 PM , Rating: 3
Really? Now you're a psychoanalyst?
I just skimmed your paragraphs by reading the first sentence of each and what vitriol.

Sorry, but the fat lady(appellate and Supreme Court) have yet to clear their throats.


RE: Android Fanboyism
By joebrooks on 8/25/12, Rating: 0
My first response
By Tony Swash on 8/24/12, Rating: -1
RE: My first response
By Helbore on 8/24/2012 7:26:33 PM , Rating: 4
You really need to get laid, dude.


RE: My first response
By amanojaku on 8/24/2012 7:26:53 PM , Rating: 2
A small victory for Apple, since it doesn't affect any of the products that Samsung actually makes money off of, namely the SIII variants, and the Note. Hell, it barely affects the SII and Tab. If a ban were to happen, Samsung won't be affected.


RE: My first response
By Tony Swash on 8/24/12, Rating: -1
RE: My first response
By Helbore on 8/24/2012 7:55:42 PM , Rating: 3
It doesn't matter to me. The judge in my country told Apple to publically apologise to Samsung for falsely accusing them of stealing.

Being that Apple don't want to do that, I'm going to take a wild guess and assume Samsung won't accept this ruling in America, either.

This whole thing is far from over.


RE: My first response
By mocyd on 8/24/2012 8:13:27 PM , Rating: 2
quote:
That must be why Samsung put so much effort in to their defence case.


I think the potential penalties were reason enough to put in a strong defense- along with future ramifications- let's face it, no one should have devices banned based on trivial design aspects. Nothing Apple has thus far sued Samsung for is unique and warrants patent protection, even if Samsung ripped Apple off, none of it should have been called "infringement" as nothing was truly a unique invention requiring protection.

I won't go as far as to say Judge Koh is in Apple's pocket- but she definitely made some questionable rulings, and Apples similar case and legal against Motorola pretty much got shot down by a higher Judge with more experience (and who obviously has no need/desire for publicity).

I'll put money on the idea that the appeal will go through, and the penalties against Samsung will be muted, if not dismissed entirely based on the evidence Koh wouldn't allow.


RE: My first response
By amanojaku on 8/24/2012 8:27:56 PM , Rating: 3
What matters is the flagrant abuse of the patent system. This ruling would make it easy for any company to ban any competitor from supplying basic functionality. It's a slippery slope. Did you even see Apple's list of "recommendations" for competitors?

* Overall shapes that are not rectangular with four flat sides
* Or that do not have four rounded corners
* Front surfaces that are not completely flat or clear
* And that have substantial adornment
* Thick frames rather than a thin rim around the front surface
* Profiles that are not thin
* Or that have a cluttered appearance

And that doesn't even touch on the BS animation and swiping patents.


RE: My first response
By tayb on 8/24/12, Rating: 0
RE: My first response
By Cheesew1z69 on 8/25/2012 12:42:15 PM , Rating: 2
Of course you would....


RE: My first response
By b3am3r on 8/27/2012 6:00:03 PM , Rating: 2
and the little whining boy won! Now that the route is clear, Samsung with higher sales than Apple is the winner no matter what the fandogs bark.


Third response
By Tony Swash on 8/24/12, Rating: -1
RE: Third response
By bug77 on 8/24/2012 8:03:28 PM , Rating: 3
You're right. After all most evidence showing prior art were not admitted. Probably enough ground for an appeal by themselves.


"The Space Elevator will be built about 50 years after everyone stops laughing" -- Sir Arthur C. Clarke














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