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Samsung says release damages it competitively; federal judge says "too bad", sides with local firm, Apple

While Samsung Electronics Comp., Ltd. (KSC:005930) and Apple, Inc. (AAPL) are still preparing to square off for a second major patent infringement case, both companies are also actively engrossed in battling over damages in the first case, which saw Apple found innocent of infringement and Samsung guilty of $1.05B USD in willful infringement.

U.S. District Court for the Northern District of California Judge Lucy Koh gave Samsung a bit of a boost in December when she rejected Apple's request to ban sales of 26 Samsung "Galaxy" products, writing that Apple failed to prove that Samsung's infringement drove the demand for Samsung products.

But she's still in the process of finalizing how much Samsung should have to pay Apple.

And this week she dealt Samsung a blow, denying a request by Samsung to seal the results of a Dec. 10 request she made to Samsung.  Judge Koh had asked Samsung last month to reveal unit sales of certain products over certain time periods.  It is unknown what models precisely were requested, but they likely included the Galaxy S and Galaxy S II smartphones -- centerpieces of Apple's first infringement case against Samsung.
Samsung had pleaded with Judge Koh to keep those details out of the public eye, arguing that it would damage it from a competitive perspective.  Judge Koh had little sympathy for the South Korean electronics company, though, siding with local firm Apple, who argued the information should be made public regardless of the damage to its rival.

Apple is pushing Judge Koh to triple the damages to over $3B USD, which can be done in certain cases if the infringement was deemed "willful".  Samsung, meanwhile, is urging Judge Koh to trim the settlement, pointing out that the U.S. Patent and Trademark Office has filed preliminary invalidation rulings regarding two of the key Apple utility patents involved in the case.

Thus at this point damages could go in any direction.  For now all that is clear is that we'll soon be learning some new information on Samsung sales and that for now no Samsung products are banned.

Source: Bloomberg

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What seems to be the problem ?
By Gondor on 1/2/2013 2:12:43 PM , Rating: 2
If sales were good, Samsung should be proud of the fact and use it for advertising purposes.

If sales were bad that means Apple has no grounds to claim that Samsung copied their telephone. The downside is that competition would know how bad the sales were and perhaps figure out where they went wrong in followup years to lose their share to Samsung.

Either way it can't be all bad for Samsung to reveal those figures, it won't affect the share price since those are past sales from years ago.

RE: What seems to be the problem ?
By ritualm on 1/2/13, Rating: 0
RE: What seems to be the problem ?
By xti on 1/2/2013 3:42:39 PM , Rating: 2
"Punish them because America! Yuck Feah!"

its "FK YEAH" you commie.

By ritualm on 1/2/2013 7:41:57 PM , Rating: 2
It's hard to understand when you're not aware of DT's swear word filter routines, you socialist.

RE: What seems to be the problem ?
By Tony Swash on 1/2/13, Rating: -1
RE: What seems to be the problem ?
By ritualm on 1/2/2013 7:45:33 PM , Rating: 1
I think probably on balance it is a bit more likely that it is you who are being illogical.

Oh look, illogical troll accuses others for illogical trolling.

Pot, kettle, black. Your lips are full of Tim Crook's dairy creamer. You're a disgusting piece of dog poop.

RE: What seems to be the problem ?
By Andora76 on 1/2/2013 11:58:54 PM , Rating: 1
Get help buddy. Why are you so passionately anti-Apple? What vested interest do you have? Since when did tech supporters become so emotionally unstable in support of or against tech companies? Who really cares. Just be happy your phone works. Now go smoke some pot and relax.

RE: What seems to be the problem ?
By ritualm on 1/3/2013 2:20:51 AM , Rating: 2
So I am not allowed to criticize Apple even if I use Apple products almost exclusively? How freaking logical of you.


Oh and by the way, Apple's response to the Do Not Disturb feature not auto-turning itself off per schedule settings = wait a week for it to fix itself! The phones are broken! Meanwhile, millions of Android smartphones which you routinely lambast as totally lacking in innovation and originality do not have such unfixed issues!

RE: What seems to be the problem ?
By Tony Swash on 1/3/13, Rating: -1
By retrospooty on 1/3/2013 2:18:44 PM , Rating: 2
LOL... You are great Tony. This is what I meant in the other thread about the truth the whole truth and nothing but the truth.

"That must be why Apple will sell 50 million iPhones this quarter and Google will be lucky to sell 500,000 Nexus 4"

You pick one Android model with well publicized supply problems and leave out the fact that Android is outselling iPhone by a 5 to 1 margin and climbing fast. Also you added zero to the topic at hand. While you didn't "lie" you are still totally full of s%&t and everyone sees it.

By Andora76 on 1/2/2013 11:51:45 PM , Rating: 2
Good point. The numbers don't lie regardless of how emotionally unstable people get over Apple.

RE: What seems to be the problem ?
By Nortel on 1/2/2013 2:34:06 PM , Rating: 2
If sales were bad, in what logic construct would that constitute Samsung not copying Apple? If a random Chinese company blatantly makes iPhone clones doesn't sell 50 million units, they aren't copying Apple?

By retrospooty on 1/2/2013 2:43:54 PM , Rating: 1
Apple and Samsung... READ MY LIPS...

(a re-post, but well worth it)

"Nowadays you can buy a CPU cheaper than the CPU fan." -- Unnamed AMD executive

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