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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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By Tony Swash on 8/25/2012 6:31:44 AM , Rating: -1
I agree with much of what you say but Apple will only compromise so far, they have a strong leadership, a strong hand to play and deep resources. As with Google when it became clear that they were transitioning from being an ally to a competitor, Apple can embark on a steady, slow but methodical move away from dependence on Samsung for components. Moving away from Samsung will be harder than moving away from Google but it could be done over time, especially given that Apple is run by the best supply chain manager on the planet and it has a 100 billion dollars and more in the bank.

The best approach for Apple would be to not deliberately provoke Samsung or try to humiliate them but to offer a truce. Ask Samsung to stop copying and to respect Apple's IP and in return Samsung gets the business of a gigantic customer and the opportunity to make profits stretching far into the future. I think the ball is in Samsung's court. I hope they do not prolong the war.


By Helbore on 8/25/2012 9:53:47 AM , Rating: 2
The ball is in both of their courts. If Apple attempt to get a blanket ban on all of Samsung's smartphone products - as some think they will now do - then they wouldn't be offering much of an olive branch for Samsung to take.

If Apple want to end this war, they need to say to Samsung "pay the fine and we won't ban those products." Being that most of the ones found in infringement are last-gen anyway, it would seem pointless to pursue it.

They also need to not insist that Samsung pay royalties for licensing Apple patents, but attempt to put together a mutually-beneficial cross-licensing deal, in which both parties get access to the others patents.

That's the best way it can work. If all sides cross-license their patents, then we can get rid of all this legal stupidity and the consumers can get a range of products to choose from.

But it's down to all sides to play nice. My gut feeling is that neither side will and this will go on up to a higher court for review.


By Pneumothorax on 8/25/2012 10:07:43 AM , Rating: 2
All Samsung has to do is have a few 'fires' at a few of the factories that make the A5x (or whatever Samsung-manufactured CPU the iPhone 5 will use) and the LCD's the day after the iPhone 5 is released. That will do a nice number on Apple's stock price.


By elleehswon on 8/25/2012 11:08:18 AM , Rating: 2
rather that be blatant as that, just make sure the soc's have backdoors into them, which, when triggered, hard-brick the device.


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