Apple Goes for the Jugular, Asks Judge to Triple Samsung Damages to $3B
September 19, 2012 12:24 PM
comment(s) - last by
(Source: New Line Cinema)
Why not just ask Samsung to give up all its money?
Samsung Electronics Comp., Ltd. (
) is still reeling from a
massive $1.05B USD jury verdict
loss to Apple, Inc. (
) 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.
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.
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
. 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.
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 (
) Android operating system to Microsoft Corp.'s (
) 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
The Korea Times
This article is over a month old, voting and posting comments is disabled
RE: Pyrrhic victory, if any
9/19/2012 6:47:08 PM
I don't think Apple was set on pushing Samsung from Android. I believe Apple decided that Samsung had features that was too close in comparison to the iPhone (not making a judgement, just telling you my impression of Apples thought process).
There are other Android handset manufacturers that are different enough from iOS that Apple has left them alone.
Eventually Samsung and other Android phone manufacturers will have to migrate to WP8. Googlerolla will eventually start to compete for that multi-billion dollar industry and I am sure they don't want to have to compete with 10 different manufacturers using the Google OS. So I think Samsung will have to eventually either move to WP8 exclusively or come up with an alternative OS to remain viable in the smartphone industry.
WP8 is so different than iOS that I am sure Apple is just fine with customers making that choice. Android on the ohter hand, since manufacturers overlay the Android OS with exclusive manufacture software/interface, sometimes the lines can be blurred when trying to distinguish Android interface from Apple (Not a judgement, just saying what I belive Apple is thinking).
I do envision that Microsoft/(Phone Manufacturers), Googlerolla, and Apple will eventually be the only smartphone choices.
For those of you who may have been around during the 70's and early 80's, for computers we had Apple, IBM, Microsoft/PCs, Commodore/Amiga.
Commodore was and is the number one best selling computer of all time. Estimates of over 20 million computers sold within 10 year time span. Shit load of market share for a computer. Too bad they are out of business. Software companies were able to create software without needing a license. Software companies flooded the market with crap software, and eventually Commodore ultimately died a slow painful death. (Other reasons for the death but story still relevant).
IBM is out of PC businees. Only two left are companies that licesned there OS and was able to have some control of third pary applications/hardware. You have seen video card manufacturers go through the same death pattern.
I envision the smartphone industry going down this same path. Not today or tomorrow but maybe next 5-6 years.
"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain
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