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Print 124 comment(s) - last by nafhan.. on Aug 27 at 4:41 PM

Want to guess which company is breaking out the champagne tonight?

The jury reached a verdict today and they found Samsung guilty on multiple counts of infringing upon Apple design and software patents. While Apple was able to hold Samsung's feet to the fire on the majority of its utility patents, Samsung received no love from the jurors on its countersuit claims.
 
The jury ordered Samsung to pay Apple $1,051,855,000 USD ($1.05B USD) in damages. Apple owes Samsung absolutely nothing.
 

Apple CEO Tim Cook [Image Source: Paul Sakuma, Associated Press]

Not surprisingly, both Apple and Samsung have issued statements to the New York Times regarding the decision. First up, Apple:
 
We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. The mountain of evidence presented during the trail showed that Samsung’s copying went far deeper than even we knew. The lawsuits between Apple and Samsung were about much more than patents or money. They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy. We applaud the court for finding Samsung’s behavior willful and for sending a loud and clear message that stealing isn’t right.
 
And now we have Samsung, which is clearly not pleased with the outcome of this case:
 
Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer. It will lead to fewer choices, less innovation, and potentially higher prices. It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims. Samsung will continue to innovate and offer choices for the consumer.
 
And even though Microsoft had absolutely nothing to do with this trial (Microsoft can safely sit on the sidelines as a spectator), Bill Cox, senior director of Marketing Communications for Windows Phone, added his two cents in on the decision:
 

Considering Microsoft’s current position in the smartphone marketplace, we’re not quite sure it's “winning” in this case.


Updated 8/25/2012 @ 2:53am EST
9to5Mac has received an internal memo sent to Apple employees by Apple CEO Tim Cook. In the memo, which features similar wording to the statement issued by Apple after the ruling, Cook describes how taking Samsung to court wasn't about the "patents or money":

Today was an important day for Apple and for innovators everywhere.
 
Many of you have been closely following the trial against Samsung in San Jose for the past few weeks. We chose legal action very reluctantly and only after repeatedly asking Samsung to stop copying our work. For us this lawsuit has always been about something much more important than patents or money. It’s about values. We value originality and innovation and pour our lives into making the best products on earth. And we do this to delight our customers, not for competitors to flagrantly copy.
 
We owe a debt of gratitude to the jury who invested their time in listening to our story. We were thrilled to finally have the opportunity to tell it. The mountain of evidence presented during the trial showed that Samsung’s copying went far deeper than we knew.
 
The jury has now spoken. We applaud them for finding Samsung’s behavior willful and for sending a loud and clear message that stealing isn’t right.
 
I am very proud of the work that each of you do.
 
Today, values have won and I hope the whole world listens.
 
Tim

Sources: The New York Times, Twitter



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RE: well
By Solandri on 8/25/2012 1:44:13 AM , Rating: 5
The problem is that too few people know about jury nullification. The judge instructs them to rule based on the letter of the law. That's what they did in the Tenenbaum case (with the $675k award). They don't know that if they feel the law is unjust or plain wrong, they can toss it and rule however they like. That's the next-to-last line of defense in the American legal system (last being the 2nd Amendment), but too few jurors know about it.

quote:
Whatever way you spin it this is not a good day for the US justice system. Or the consumer.

Obviously I got into the wrong career. Instead of an engineer, I should've become a patent attorney. I have several software and hardware ideas I'd like to develop into a product. There's nothing like them on the market right now, and I'm pretty confident they'd do well in their respective markets. But right now I am absolutely scared to death of being sued for infringing on some vague or obvious patent for what seems to be some fairly obvious ideas (application of already-existing technologies in one market into a different market). Even if you win, you lose because you have to pay your lawyer. I don't have enough cash reserves to fight a small business-threatening patent suit, and the last thing I want to do at my age is to get financially wiped out and have to start over.


RE: well
By Totally on 8/25/2012 2:28:24 AM , Rating: 2
Can't you simply have the guy who took you to court pay for your lawyer fees if you win the case.


RE: well
By Brazos on 8/25/2012 11:06:56 AM , Rating: 2
If you get called for jury selection and you don't want to be on it (personally, I love it)ask a question about jury nullification. They'll pass right over you.


RE: well
By ExarKun333 on 8/25/2012 12:54:16 PM , Rating: 1
Thats why they created corporations. Create your own and assign the patents. You are then not personally responsible.


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