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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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RE: Glad to see it
By retrospooty on 1/2/2013 4:57:52 PM , Rating: 2
"i still dont get how a company is said to be "arrogant jerks"."

Your holding it wrong, or the deliberate falsification of benchmarks are 2 of my personal favorites.

RE: Glad to see it
By MartyLK on 1/2/13, Rating: 0
RE: Glad to see it
By Dorkyman on 1/2/2013 8:28:28 PM , Rating: 4
Hmmm...That's not how I remember it.

I seem to recall that the iPhone4 design was a bit unusual and the antenna was exposed. Put your finger across the tiny gap on the left-hand side, and the signal gets clobbered. I don't recall the same issue with other contemporary phones.

Could be wrong, but I think DT had multiple articles about AntennaGate.

RE: Glad to see it
By retrospooty on 1/2/2013 9:01:43 PM , Rating: 3
no, you are correct about the issue. But the arrogant part was the a****** CEO saying you're holding it wrong to his customers. What you're supposed to do is acknowledge the problem not call your customers idiots.

RE: Glad to see it
By MartyLK on 1/2/13, Rating: 0
RE: Glad to see it
By retrospooty on 1/3/2013 7:10:25 AM , Rating: 2
Where do I even start with you? You posting that some other phones had a similar problem does NOT mean it wasn't a problem. Holding the phone as many people do should NOT cause reception issues. Apple did go back and fix it for the next gen, so fixing a problem doesn't make it a non-problem, it was clearly a problem or Apple wouldn't have fixed it... Good that they did though. And "Holding it wrong" was not only an arrogant way of treating your customers it was technically incorrect as to the problem.

Seriously, what are you on?

RE: Glad to see it
By MartyLK on 1/2/2013 9:29:18 PM , Rating: 1
Put your finger across the tiny gap on the left-hand side, and the signal gets clobbered

I never experienced that issue with my iPhone 4 or any of my friend's or my brother's iPhone 4s. And we had the 1st design from AT&T.

I know that I deliberately and with intent tried to get the signal to fall away by doing exactly that - putting finger across gap and so forth. But was unsuccessful. In fact, the signal didn't drop at all that way. But I did manage to get it to drop moderately by holding normally in my hand - the very same thing with any of my other phones.

I call B.S. on the claims. My brother and I even went to the local Apple store to test out the display units they had and none of them performed any differently than our own units.

RE: Glad to see it
By retrospooty on 1/3/2013 7:22:03 AM , Rating: 2
1st off, it was the iPhone 4. The 4s had already fixed the issue. 2nd off, the issue was signal related. Just because you, one person had an iPhone 4 and no problem doesnt mean hundreds of thousands of others didnt have the issue. Clearly it was an issue as iPhone 4 owners reported it. Not the competitors...The owners. Clearly it was an issue as Apple publicly addressed it, and fixed it (after denying it)

RE: Glad to see it
By MartyLK on 1/3/2013 9:32:18 AM , Rating: 2
Really? You're going to make an erring distinction between iPhone 4s and iPhone 4S? Whereas "iPhone 4s" designates plurality and "iPhone 4S" designates model name.

Come on, have a clue, will ya? Just because a small percentage of very vocal people harasses Apple over a common issue that can be seen on all phones, does not make Apple the bad guy.

Open up your mind and be objective. Only then will you be able to see both sides. Until then, you are only an Apple hater.

RE: Glad to see it
By retrospooty on 1/3/2013 9:37:45 AM , Rating: 2
No, ya ding dong. I am not picking apart your capitalizations... I am telling you the antenna issue existed on the iphone 4 NOT on the 4S FFS, you are thick headed and ill informed. The issue DOES NOT exist on all phones. The iPhone 4S for example.

RE: Glad to see it
By MartyLK on 1/3/2013 9:53:36 AM , Rating: 2
WTF! I never said anything about the iPhone 4S. I never mentioned the iPhone 4S once in any of my posts.

RE: Glad to see it
By MartyLK on 1/3/2013 10:01:01 AM , Rating: 2
Idiot! The issue DID exist on all phones at the time the iPhone 4 was released. Sheesh! Talk about thick-headed. I even made note that my current and modern Galaxy S3 shows no signs of any signal loss.

Of course there is no issue with later phones, dingbat. That doesn't mean the issue, which was so hotly debated and made known by the dumbasses who berated Apple over it, wasn't on all other phones, to varying degrees, at the time.

RE: Glad to see it
By retrospooty on 1/3/2013 10:14:51 AM , Rating: 2
OK, lets get this straight since you are being a complete dipshit about it.

1. Signal attenuation problems can exist on any phone depending on where the hand is and the signal strength at the time... This in itself is NOT an issue. It BECOMES an issue when it casues reception problems on phones. "ALL" phones did not have that issue to the extent it caused problems, so you cannot say it existed on all phones when talking about the problemetic form of it.

2. The problem DID exist on the iPhone 4. Problem being that the attenuation issue was so bad it caused reception issues and dropped called depending on how you held the phone.

When you have this issue and it is exacerbated by the natural way people hold your phone then you have a problem. This WAS a problem that some phones had and the iPhone 4 had in abundance. It WAS a problem and WAS fixed in later iterations of the iPhone4's.

Stop being jackass. You are wrong in your assertion that all phones had a problem. All phones in the 2009/2010 era and prior did NOT have this problem.

RE: Glad to see it
By MartyLK on 1/3/13, Rating: -1
RE: Glad to see it
By retrospooty on 1/3/2013 11:10:49 AM , Rating: 2
I don't understand where you are coming from or what impression you get when you mis-read everything others say and then post against it.

#1, I don't hate Apple. I said it was an issue and they handled it in an arrogant way with the "you are holding it wrong" comment. You went all sorts of sideways at that comment. You have done this before. You take one comment and pigeon hole the person that made it as if it was their life's philosophy. Sorry, I am more dynamic than that. I like Apple for thier contributions and I dislike them for thier arrogance and politics. What of it? What I said above is a fact. Steve Jobs did say that about the issue, while his engineers got busy and fixed it. It was an arrogant thing to say. I personally commend Apple for their contributions to the industry and thank them for the iPhone. It was leaps and bounds better than anything else on the market at the time and it literally forced everyone else to raise their games. We all benefit from that. We all benefit from their push on higher resolutions too. thanks again Apple. Does that sound like something an Apple hater would say? Like anything else, they do some good and some bad moves. Overall, a good force in the industry. I can say I don't like Steve Jobs crappy comment and I don't like Apple's ridiculously hippo-critical lawsuits. That doesn't make me a hater, it makes me observant and human and very normal in that regard. Any normal person would look at that and agree. Only a nut would get all bent about it and fgeel some strange need to defend a company.

#2. I never said it was "universal problem with all iPhone 4s" just that it was a problem and they fixed it. Again, you got bent at the mere assertion that it was a problem. Sorry again, it was a problem and that is a fact.

RE: Glad to see it
By MartyLK on 1/3/2013 11:35:48 AM , Rating: 1
This is where my last post was meant to go. But somehow it got misplaced to another poster's comment.

RE: Glad to see it
By retrospooty on 1/3/2013 11:43:13 AM , Rating: 3
Then we mainly agree other than the part about how Apple is being "stolen" from.

I would argue that Apple "stealing" the whole smartphone idea from Palm and RIMM was far more ofa major theft than Samsung "stealing" rounded corners, packaging material and slide to unlock (by the way Apple "stole" that too). If you see both sides so well, you need to focus that razor sharp sense of yours on Apple too eh?

Whatever though. I am done with your nonsense.

RE: Glad to see it
By Cheesew1z69 on 1/3/2013 11:07:32 AM , Rating: 1
Time to quit feeding the troll...I have wrote a few responses to his bullshit but stopped. Not worth it.

RE: Glad to see it
By retrospooty on 1/3/2013 11:38:10 AM , Rating: 2
You are right... Freegin rediculous.

I keep arguing past the point. I should be more like you and keep it short and simple instead of posting lengthy explanations. "Your a complete idiot" would have sufficed several posts ago LOL.

RE: Glad to see it
By Cheesew1z69 on 1/3/2013 11:40:29 AM , Rating: 2
Yes it would have ;)

RE: Glad to see it
By nafhan on 1/3/2013 10:29:29 AM , Rating: 2
20dB off of a good signal = no problem/not noticeable. 20dB off of a poor signal (might) = lost connection. You not noticing the problem when you tried it with your brothers phone = useless example.

Further, it was a design problem that was mostly fixed in the 4S and 5, not a factory defect. So, it wouldn't matter how many phones you tried it on.

RE: Glad to see it
By Andora76 on 1/3/2013 12:18:29 AM , Rating: 2
DT is a blog with their own biases. It's fun to read, but like any other blogs, take what you read with a grain of salt. Keep in mind, when you are "top dog" everyone's eyes are looking..... very closely, and inspecting your every move with a fine-toothed comb. At the end of the day, this antennae issue was not a big problem. Millions of iPhone 4 users today are not having conniptions every time they talk on their phone. When you are Apple any mistake made is amplified simply because you are who you are. The maps issue on the other hand is pathetic.

RE: Glad to see it
By xti on 1/2/2013 8:53:08 PM , Rating: 2
thats marketing i guess? a company cant have emotions is what i am getting at. it just sounds ... dumb for lack of better words.

** shrug **

"Google fired a shot heard 'round the world, and now a second American company has answered the call to defend the rights of the Chinese people." -- Rep. Christopher H. Smith (R-N.J.)

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