Print 63 comment(s) - last by nocturne_81.. on Sep 21 at 7:28 PM

  (Source: New Line Cinema)
Why not just ask Samsung to give up all its money?

Samsung Electronics Comp., Ltd. (KSC:005930) is still reeling from a massive $1.05B USD jury verdict loss to Apple, Inc. (AAPL) in Californian federal court.  Now Apple has added insult to injury, asking a judge to triple the damages.  If the judge accepts Samsung would now owe Apple over $3B USD.

I. Apple Looks to Triple Its Court Payday

The request comes due to federal rules regarding "willful" infringement.  In such cases, the plaintiff is allowed to request that a judge multiply the damages as a punishment to the infringer.  As the jury ruled that Samsung not only infringed, but also did so "willfully", Apple was eligible to make such a request.

A report in the Korea Times quotes an unnamed "senior legal executive" as saying, "By using that condition, Apple has decided to request the judge to order Samsung to pay more than $3 billion in the hearing on the San Jose verdict on Sept. 21 in California.  The decision means Apple want to quickly address the harm that Samsung’s infringing products are said to be causing. As has been the case throughout this trial, Apple is pressing its full advantage over the jurors’ decision."

Another legal source was quoted as saying that Apple is simply trying to levy more severe provisions against Samsung in an effort to kick it out of the market.  That source argues no amount of damages will satisfy Apple until it can kick its rival out.

Red card
Sources say Apple won't be satisfied until it kicks Samsung out of the market. [Image Source: AFP]

Comments the source, "Apple lawyers still believe Samsung should pull its popular Galaxy line of devices including smartphones and tablets from the United States and leave the market to proprietary handsets from Apple and Microsoft."

II. Kicking Out a Bigger Competitor

Currently, Samsung outsells Apple's smartphones 2-to-1 globally.  If Apple can indeed "kick Samsung out" of the global market (or at least the lucrative U.S. market), it could go on to dominate the smartphone market.

Samsung, however, is bracing itself for a tough fight to try to prevent that from happening.  It's countering Apple's request to Judge Lucy Koh, the presiding judge in the case, with a counter-request to toss parts of the jury verdict, reducing the damages.  If it cannot succeed, it will drag the case into the U.S. Federal Appeals Courts.

Samsung smartphones
Some say despite the pending bans, Samsung may be able to stay ahead of Apple.
[Image Source: Reuters]

Judge Koh this week upheld a ban on Samsung's Galaxy Tab 10.1 in the U.S.

The South Korean phone maker is also hedging its bets, increasing its Windows Phone 8 offerings.  Jumping ship from Google Inc.'s (GOOG) Android operating system to Microsoft Corp.'s (MSFT) Windows Phone 8 could offer an easy escape route for Samsung, as Apple presumably can't sue Windows Phone makers due to its cross-licensing pact with Microsoft.

Source: The Korea Times

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By GotThumbs on 9/19/2012 12:33:21 PM , Rating: 5
The amount of arrogance within Apple legal division is sickening. My guess is each lawyer gets His/Her bonus based on legal awards.

Absolutely disgusting.

Just another reason why I will NEVER buy/own an Apple product.

By GotThumbs on 9/19/2012 12:35:54 PM , Rating: 5
What I would simply LLLLLLL OOOOOO VVVVVV EEEEE is if the judge calls Apple on its greediness and says.....

"You just lost everything. Not one dollar goes to Apple"

By quiksilvr on 9/19/2012 12:54:14 PM , Rating: 5
In a fair world, that is what SHOULD happen.

NONE (I repeat) NONE of these patents have any merit or legal standing whatsoever. Shape, icon arrangement, multitouch, etc. are either already public domain or are so vague that it should not have been a patent to begin with.

Hopefully these patents get thrown out because this would be a slippery slope against other Android devices.

By Falacer on 9/19/2012 1:31:31 PM , Rating: 4
Apple will continue to exploit the flaws in the Copyright Law system until it is address or someone slaps them in the mouth (so to speak). I dont see any other tech companies that can/will do that.

By Amiga500 on 9/19/2012 2:30:25 PM , Rating: 1
Judge Amiga500 says (in Amiga-land)

If you cannot describe a shape numerically, then you should not be able to patent it as no effort has went in to developing it.

Apple have not described their shapes numerically.

Therefore, Apple have no IP worth protecting in that instance.

However, there are significant amounts of common sense in Amiga-land, which obviously does not apply within the legal profession.

By quiksilvr on 9/19/2012 2:52:39 PM , Rating: 5
Any patent regarding touch, multitouch, touch to zoom, pinch to zoom, etc. is public domain:

As for their design patents, rectangular screens with black border and curved edges has been done since the days of 2001: A Space Odyssey.

And gridded icons? Gimme a break:

By retrospooty on 9/19/2012 3:22:11 PM , Rating: 4
IT seems that most thinking people agree.

By Mint on 9/19/2012 8:56:25 PM , Rating: 2
That's awesome.

Reminds me of Patrick Moore, cofounder of Greenpeace, railing against his former organization for their anti-nuclear stance. IMO they're the single most responsible entity for CO2 emissions (not that I care much) and air pollution (bigger issue).

By Old_Fogie_Late_Bloomer on 9/19/2012 1:25:54 PM , Rating: 2
Well, I doubt (or at least, I hope) that Samsung will even be paying the original billion, much less three of them. This will get dragged up the appeals system and I imagine a lot of Apple's "victory" will get thrown out.

By rudolphna on 9/19/2012 5:55:34 PM , Rating: 2
This is hoenstly what I'm expecting to happen. No way Judge Koh wouldn't look at this raise an eyebrow and be all "Oh no you di'int" <insert awesome black woman head bob here>

By dark matter on 9/19/2012 1:11:26 PM , Rating: 4

You'll have the chosen ones bringing down their wrath upon you for such blasphemy.

Seriously, Apple fans are getting more and more like Jihadists by the day. Totally deluded and aggressive.

By JasonMick on 9/19/2012 1:40:56 PM , Rating: 2

You'll have the chosen ones bringing down their wrath upon you for such blasphemy.

Seriously, Apple fans are getting more and more like Jihadists by the day. Totally deluded and aggressive.
Be careful, Tony Swash might look to take you out.

You know he'd give his life if his messiah (Tim Cook) asked for it. ;)

By ebakke on 9/19/2012 1:23:12 PM , Rating: 5
Well, this settles it for me. I'm wrapping up my AirPort Extreme and my two older iPods. I'm sending them back to Apple with a letter describing how I'll never purchase anything from them again. And I'll certainly advocate against Apple to anyone asking for my opinion.

If my employer didn't pay for my laptop, I'd send that back too.

By zerocks on 9/19/2012 1:48:46 PM , Rating: 3
You should inform your employer of said opinion and encourage him/her to return all their purchased Apple goods (bads) too!

By Old_Fogie_Late_Bloomer on 9/19/2012 2:46:56 PM , Rating: 3
Because nothing says 'stop your 3 billion dollar lawsuit' like returning 3 inexpensive Apple products.

It's delivering the message that Apple's litigious approach to "competing" in the market is coming at the cost of public opinion. I'm not saying that public opinion of Apple is being affected on a large scale, but if that's the message he wants to send, how do you suggest he better send it?
Get off your high horse and stop this misguided attempt at self righteousness. IBM sold computers to Hitler and yet people still buy IBM computers and don't care one bit.

The first rule of debate is, you do not talk about Hitler, Nazis, or the Holocaust.
The second rule of debate is, you do not talk about Hitler, Nazis, or the Holocaust.

Also, IBM sold computers to the Nazis like two generations ago. Boycotting them now for something they did before WWII is not exactly analogous to boycotting Apple now for something they are doing now .

Which brings me to...
We are the all singing, all dancing crap of the world.... We're the bi-products of a lifestyle obsession.

Really? I mean, I like Fight Club as much as the next guy (maybe even more) but these quotes don't even relate to what's around them.
...and it's little issues like this that become so completely enthralling. We have no wars to protest, we have issues like returning old products to show our distaste at a lawsuit, of which outcome has no affect on our personal lives. One company wins, one loses, who cares.

If you consider technology to be important to you, then these issues really do matter. And the outcomes will affect your personal life unless you don't use technology at all. There's a profound difference between "no affect" and "an affect you don't notice or don't care about."
You are buying a product period, not the company or what you feel it represents.

That's kind of a thoughtless way to live.

By JasonMick on 9/19/2012 2:54:26 PM , Rating: 2
Also, IBM sold computers to the Nazis like two generations ago. Boycotting them now for something they did before WWII is not exactly analogous to boycotting Apple now for something they are doing now .
Exactly... Volkswagen was founded by the Nazi people's union and was a personal pet project of Hitler.

I don't see people lining up to boycott them.

You're judged by your actions in the present . Punitive punishment for past sins is a lot of what allowed the Nazis to take hold in Germany in the first place (see reparations).

In short, I agree it's silly to attack IBM without valid justification in a present context.

The debate is about Apple. Let's stay on topic and avoid the non sequitur and compulsive Godwin-ing

By web2dot0 on 9/19/2012 6:10:36 PM , Rating: 2
So you are saying that if Apple gets it's $3B and 10years later they stop doing "bad things" ..... you are not going to hold anything that they have ever done wrong against them right?

Just want to clear where you stand on this issue.

Because that's what most people did for Microsoft. Suddenly, Win8 is the "People's champion" :-D hahahaha.

By ebakke on 9/19/2012 4:23:42 PM , Rating: 2
The implication that I can't care about multiple issues simultaneously is fairly narrow minded of you. I'm also interested in, and also voice my opinion on, issues that you would likely deem "more important".

The fact that you cannot see how these lawsuits affect my life "in any way whatsoever" is saddening. Lawsuits such as these, do several things.
* First, they raise the price of consumer electronics. The lawyers don't work for free.
* Second, they stifle innovation. The risk of getting the bajesus sued out of you is a large enough risk to keep some people from developing what otherwise could've been the "next iPhone" or "next Facebook".
* Third, they discourage competition. Giant lawsuits between giant companies result in big cross-licensing agreements. Company A pays Company B $12.13 per phone, and Company B pays Company A $9.84 per tablet. That's fine for giant companies, but it squashes out the small players who can't afford to pay $XX per widget for something that never should've been patented in the first place.
* Lastly, if I were a Samsung shareholder (I might be, in some mutual fund or another) it would quite obviously affect me.

Those 4 items might not be important to you. It seems fairly apparent by your rant, that they are not. Fine. But to claim these lawsuits don't concern me or affect me in any way whatsoever, is asinine.

By Reclaimer77 on 9/19/2012 4:30:13 PM , Rating: 2
Just curious, but how much marijuana are you on currently? You sound like a REALLY stupid stoner trying to wax philosophical with half his brain working. So he uses movie quotes to back his incoherent ramblings.

Just...shut it.

By Old_Fogie_Late_Bloomer on 9/19/2012 6:04:15 PM , Rating: 2
The FC quote I was aiming for was more of "We're the middle children of history, man. No purpose or place. We have no Great War. No Great Depression. Our great war is a spiritual war. Our great depression is our lives."

Yeah I kind of figured that's where you were trying to go, but you definitely didn't make it. :-P
I have friends who swore they would never buy another Apple product when stories came out about Apple using slave labor camps (which was BS) and pre-ordered the iPhone 5.

That speaks to the quality of your friends' characters, not to the quality of my character, or anyone else's for that matter.
Keep reality in check, these lawsuits do not concern you and will not affect your lives in any way whatsoever.

I guess if you're looking at the world through the eyes of Tyler Durden, you're probably right, but...
Its a little rectangle that goes in your pocket.

And the precedent (or one of the precedents) being set here is that your rectangle can't do this thing that that other guy's rectangle can do, because no matter how obvious of a thing it is, no matter how laughably straightforward, the company who made that guy's rectangle put a patent on it.

I'm not gonna sit here and detail why you're wrong about this stuff not mattering, because you obviously don't care, which is fine, and because ebakke already touched on some of it. If you care about more innovation, more progress, more companies designing and selling devices, then the precedents that these lawsuits will set is important. Period.

By nocturne_81 on 9/21/2012 7:28:38 PM , Rating: 1
Wait.. IBM sold computers to the Nazis..? xD

In a way, you are right.. though I don't see how a punch card system is what anybody would refer to as a 'computer'.

By tayb on 9/19/2012 1:54:38 PM , Rating: 2
What exactly do you expect lawyers to do...? They are lawyers. They try to maximize the reward for their client. That's what they are supposed to do. Blame Apple or the legal system, not the lawyers.

By Natch on 9/19/2012 2:54:46 PM , Rating: 2
Actually, they try to maximize their own maximizing their client's reward. No doubt, they will get more if the judge (foolishly) triples the damages.

"Let's face it, we're not changing the world. We're building a product that helps people buy more crap - and watch porn." -- Seagate CEO Bill Watkins

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