backtop


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



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: I don't understand...
By JackBurton on 9/19/2012 1:05:07 PM , Rating: -1
To make it as painful for Samsung and to send a clear message, "this is what happens when you try and rip us off."

That's why.


RE: I don't understand...
By dark matter on 9/19/2012 1:09:13 PM , Rating: 4
Great message for US Capitalism.

We don't let the customers decide. We get our judges to do it.

The US is turning more and more into a rogue country.

Oh, and BTW, the US is only a potential market of 312 million.

The rest of the world = 6.7 billion.

Do get over yourselves.


RE: I don't understand...
By ForceCredit on 9/19/2012 2:05:12 PM , Rating: 2
312 million people in which the average consumer has money to spare and a propensity for buying electronics gadgets.

If Market A has half the people of Market B but on average buy three times as much product, Market A is still better. A census won't tell you an accurate story of how valuable a market is.


RE: I don't understand...
By michael2k on 9/19/2012 8:03:28 PM , Rating: 2
Apple's been using judges since 1983:
http://en.wikipedia.org/wiki/Apple_Computer,_Inc._...

They won, then, as well as later against Digital Research and again in 1999 against eMachines and FuturePower, and again in 2008 against Psystar as well as Samsung in 2012.

They tried against Microsoft as well, but lost due to sloppy contract terms allowing Microsoft the right to copy them with Windows 1.0, and probably would have won against Intel and Microsoft for copying QuickTime in 1995 excepting that Apple was in fact going broke and settled for a $150m cash infusion from Microsoft.


RE: I don't understand...
By retrospooty on 9/19/2012 4:23:26 PM , Rating: 3
I think they need to send a clear message to Apple.

http://hothardware.com/News/Apple-CoFounder-Steve-...

"I don't think the decision of California will hold. And I don't agree with it -- very small things I don't really call that innovative," Wozniak told Bloomberg in an interview ."


"Intel is investing heavily (think gazillions of dollars and bazillions of engineering man hours) in resources to create an Intel host controllers spec in order to speed time to market of the USB 3.0 technology." -- Intel blogger Nick Knupffer














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki