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.

Sources: The New York Times, Twitter

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RE: Where is...
By Tony Swash on 8/26/2012 11:35:17 AM , Rating: -1
I think that one company should not copy another's products. If one breaks down what is involved in an act of copying a product into it's constituent parts then each component part that makes up the act of copying sounds absurd, harmless and generic. However most neutral observers can quickly see if a product has been copied, as was the case with this jury.

Samsung copied many things from Apple, the look, the feel, the detailed functionality, the packaging, even it's company stores. Samsung also wrote internal memos and emails in which they discussed the need to copy Apple and the precise and detailed mechanics of making a copy, and when approached by Apple with a request to stop the copying decided to continue doing it.

A jury, when confronted with obviously copied products, with the evidence of it's deliberate, ambitious and planned nature, and with Samsung's decision to continue copying even when Apple asked them to stop, decided very reasonably that it was wrong, that Samsung should stop doing it and that they should be punished for acting wilfully.

The endless and witless focus on the minutiae of any patents or copyright involved in this case, such as your reference to "a rectangle with rounded edges", is just a debating trick to try to avoid the actual substantive questions in this case. Did Samsung set out to deliberately copy Apple's products? Yes. Should they be made to stop? Yes. Should they be punished for deliberately doing something so unethical? Yes.

Other than the fine, which for a company the size of Samsung is not that significant except in a symbolic sense, the real punishment is that they, along with other Android OEMs, will now have to compete with Apple by consistently coming up with new and original designs of their own with all the hard work and uncertainty that that involves.

Now that really is a fitting 'cruel and unusual punishment'. Maybe they will rise to the occasion, but mostly I expect the Android OEMs to fuck it up as they are on the whole an inept bunch

RE: Where is...
By DFranch on 8/26/2012 2:31:43 PM , Rating: 1
Why don't you pretend this is a court of law where you wouldn't be able to drone on and on for 6 paragraphs dancing around a simple yes or no answer.

Yes or No, Should you be able to patent a rectangle with rounded corners?

RE: Where is...
By Tony Swash on 8/26/2012 6:38:13 PM , Rating: 2
That's a 'when did you stop beating your wife' debating type question, it does not relate to actual real world issues this case involved, which were about product copying. Why don't you answer this question. In your opinion and having heard the evidence in the trial do you think Samsung copied Apple's designs and products?

RE: Where is...
By themaster08 on 8/27/2012 4:19:30 AM , Rating: 2
I'm not talking about the case. Stop avoiding the question. Answer with a yes or no.

RE: Where is...
By Tony Swash on 8/27/2012 6:04:21 AM , Rating: 2
I'm not talking about the case.

Yes you are. Stop avoiding the question. Answer with a yes or no. Do you think Samsung copied Apple's products?

RE: Where is...
By themaster08 on 8/27/2012 10:43:08 AM , Rating: 2
Yes I do, and this has helped to leverage Samsung into the number 1 spot. However this has become less-so over time and I don't believe for a second that anyone with even a single brain cell bought a Samsung smartphone under the assumption that it was an iPhone. That would take some doing, especially since all of Samsung's phones have a huge SAMSUNG on the front of them. I think this entire debacle should end now.

My issue isn't with copying, it's with Apple being granted frivilous patents. Patents that require absolutely no research and development, are used in every day life and can give Apple a stranglehold on the market, such as the patenting of a simple shape. Now be a man and stop answering my question with further questions. Do you think it's right that a company is allowed to own a patent to a rectangle with rounded edges?

RE: Where is...
By Cheesew1z69 on 8/27/2012 10:08:18 AM , Rating: 2
Do not bother, you aren't going to get an answer... QFT...

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