South Korean Court: Both Apple and Samsung are Guilty
August 24, 2012 3:14 PM
A handful of older products are banned, both companies forced to pay the other a small amount of damages
Compete on the market, and stop suing each other.
I. A Tie in South Korea is a Win for Samsung
That seemed to be the sentiment from
a court in South Korea
, home to the world's largest phonemaker Samsung Electronics Comp., Ltd. (
). Locked in an international court battle with the world's second largest smartphone maker, Apple, Inc. (
), the South Korean case was one of the first to wrap up, and comes at a time when the companies are
battling for far greater stakes
U.S. District Court for the Northern District of California
The South Korean court ruled that Apple had infringed on two Samsung patents, and Samsung had infringed on a single Apple patent. Samsung must pay Apple 25M won ($22,000 USD) and Apple must pay Samsung 40M won ($35,300) (20M won per patent).
The court soundly rejected Apple's lawyers' arguments to
owning the rights to designing rectangular smartphones
with curved edges. Commented the court -- there is "no possibility" that Samsung's and Apple's phones and table PCs could be mistaken for the other company's product.
The South Korean court did not think the iPhone looked much like a Galaxy smartphone.
[Image Source: Snapguide]
The court also noted the fact that Apple did not pay estimated royalties pre-trial, as it did in some other locations as a sign of ill faith. It
, "In disputes regarding patent infringement in Japan, the Netherlands and other nations, Apple deposited estimated royalty rates, or expressed its intention to do so, based on the hypothetical acknowledgment of the validity of Samsung's patents and its infringement of them. It hasn't taken similar measures in South Korea."
Given that other regions like the Netherlands had
absolved Apple entirely
of Samsung's infrigement claims, while ruling exclusively against Samsung, the South Korean's court's "tie" ruling is widely viewed as a victory for Samsung.
The decision can be appealed to the federal appeals court. An appeals decision can only be appealed before the South Korea Supreme Court.
II. FRAND Suits -- Okay?
broke with its foreign peers
, ruling that it was valid for Samsung to sue Apple using
"fair, reasonable, and non-discriminatory" (FRAND)
licensed standard patents. The South Korean court argued, again, that Apple wasn't truly cooperative, and only tried to be when it felt it might lose.
Writes the court, '"It seems that Apple has sought to avoid Samsung's application for an injunction against Apple's infringement of the standard Frand patents, rather than engaging in a sincere negotiation for the determination of royalty rates based on the rational evaluation and verification of the standard patents in this case."
Judge Bae Jun-Hyun -- a member of the three judge Seoul Central District Court panel that decided the case -- acknowledged, "In the Netherlands, the same argument [by Samsung] was rejected as abuse of its patent right. But each country has a different legal system and standard."
[Original Image: Cayusa/Flickr; modifications: Jason Mick/DailyTech]
While Apple is hardly a small company, some fear the case could make it easier for large companies like Samsung -- who typically own a number of standards patents -- to demand larger royalties from smaller companies in other cases. On the other hand, with large companies like Apple
already doing that with non-standard patents
, and bullying large FRAND patent holders, this could level the playing field in other cases.
With the South Korean case over, all eyes turn to the U.S., a country where FRAND patents typically are not considered valid fodder for lawsuits. In that sense, Samsung's position in the U.S. is considered far weaker.
Still, Apple has a long ways to go to proving that Samsung's current generation of smartphones/tablets infringes on the iPhone/iPad's technology or look and design. Anything less than
a ban on Samsung's latest products
, though, would be an unsatisfactory outcome for Apple, who has struggled to keep up with Samsung in unit sales.
"I'm an Internet expert too. It's all right to wire the industrial zone only, but there are many problems if other regions of the North are wired." -- North Korean Supreme Commander Kim Jong-il
Samsung CEO to Call Apple's Cook for One Last Settlement Chance
August 20, 2012, 4:11 PM
Samsung Product Chief Takes Issue With Apple "Owning" the Rectangle
July 31, 2012, 1:03 PM
Apple Plays Wile E. Coyote, Sees Galaxy S III Ban Attempt Foiled
June 13, 2012, 1:43 PM
Analysis: Apple is Seeking 10,000x FRAND Rates in Patent Lawsuits
February 29, 2012, 6:15 AM
EU Nails Samsung With Formal Investigation Over 3G Patent Abuse
January 31, 2012, 9:32 AM
Xiaomi Mi 6 - Flash Sale on April 28 in China
April 26, 2017, 7:45 AM
Apple Watch NikeLab Limited Edition unveiled.
April 22, 2017, 6:20 AM
What is the Apple’s iPhone 8 specifications and release date?
April 14, 2017, 5:43 AM
Xiaomi Mi Pad 3 tablet with Hexa –Core SoC, Android Marshmallow
April 6, 2017, 6:40 AM
Vivo launches V5 Plus IPL edition smartphone
April 4, 2017, 11:10 AM
Samsung S8 and S8 Plus: On Sale April 21 at Major Wireless Dealers
March 30, 2017, 7:35 AM
Most Popular Articles
Surface Pro 5 Rumors - New Release Date and Price
April 22, 2017, 6:45 AM
SAPPHIRE PULSE Radeon RX 580 8GD5 – Great Value for the Money
April 20, 2017, 7:47 AM
Dell Inspiron 17 7000 – A Premium Laptop featuring 7th Gen Intel Core i7 in a 2-in-1 Frame.
April 19, 2017, 7:45 AM
Tesla will announce electric lorry in September
April 19, 2017, 6:20 AM
Meet the Smartphone with four cameras - Alcatel Flashphone
April 5, 2017, 11:20 AM
Latest Blog Posts
Google Co-Founder, Sergey Brin has an Airship
Apr 26, 2017, 6:43 AM
Samsung Galaxy S8 and S8 Plus – Lots of Glass that Breaks Easily
Apr 25, 2017, 7:20 AM
Samsung Galaxy S8 – Warning for Pet Owners
Apr 24, 2017, 5:59 AM
Sound Bars and the Costs?
Apr 23, 2017, 6:30 AM
Link your Brain to Your Computer – In Four Years…Maybe
Apr 22, 2017, 7:03 AM
Google Home can now identify users by their voice.
Apr 21, 2017, 7:15 AM
Amazon Lex – Now Available for Developers.
Apr 20, 2017, 6:58 AM
You can now use Instagram offline on your Android Smartphone
Apr 19, 2017, 8:00 AM
Now you can livestream to YouTube from your mobile device.
Apr 18, 2017, 8:05 AM
Google Home – Is It a Spy Device?
Apr 17, 2017, 7:30 AM
Apple added to self –driving test permit list
Apr 15, 2017, 6:21 AM
Project Scorpio – Coming on June 11
Apr 14, 2017, 6:20 AM
Looks Like Samsung Has Been Forgiven.
Apr 13, 2017, 6:50 AM
United Airlines - Blasted on China’s Social Network and the Stock Market
Apr 12, 2017, 6:50 AM
Amazon's Third-Party Sellers Hacked
Apr 11, 2017, 6:25 AM
Microsoft Surface Pro5 Details Revealed
Apr 9, 2017, 6:41 AM
Own An Android Phone? Then you could be hacked over Wi-FI
Apr 7, 2017, 6:47 AM
Apple confirms iOS 10.3 bug and its effect on iCloud Services
Apr 6, 2017, 6:30 AM
Apple Rolls Out New Version of Apple Music
Apr 5, 2017, 10:35 AM
Apple in the News
Apr 4, 2017, 9:03 AM
Apple iPhones Will Soon Feature Graphics Chips Designed BY Apple
Apr 3, 2017, 6:23 AM
More Blog Posts
Copyright 2017 DailyTech LLC. -
Terms, Conditions & Privacy Information