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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 nafhan on 1/2/2013 5:16:19 PM , Rating: 2
That does seem to be more likely than anything else. Ah well.
I am sure some day soon we will see them copy... to try to catch up with the competition.
Except it won't be catching up, it will be doing it right for the first time ever in the history of computing, AND IT WILL CHANGE YOUR LIFE! :) Seriously, though, they should and will copy this stuff, it makes sense, and that's how technology advances!

RE: Glad to see it
By retrospooty on 1/2/2013 5:22:14 PM , Rating: 2
Exactly... And there is nothing wrong with it if Apple does copy these things. All companies build off the ideas of others. Its not about who thinks of the best thing, its about who can bring it to market at a price point that people will buy it at. That is called free market and its how business has always been done since civilization began. Then only "foul" going on here is Apple crying about it and suing as if they dont do it themselves.

I wonder what the honest answer would be if we could ask Steve Jobs what the iPhone would be if not for Palm and RIMM?

Answer(if there were no Palm and RIMM): "What is an iPhone?"

RE: Glad to see it
By Conner36 on 1/2/2013 10:55:45 PM , Rating: 1
And if there was no Newton:
"Whats a palm pilot?"
And if there was no Larry Tesler at Apple: (Started the project after Steve Jobs was ousted in 1987)
"Whats a Newton?"
And if there was no Steve Jobs and Woz:
"Whats Apple?"

Learn your history... it's easy enough with access to the internet. Products like the Android or iPhone have deep development roots and it's mere chance that someone came up with the idea before someone else. Give credit to where credit is do though. There were many smart people working their butts off under Steve's direction to make the iPhone. Small known fact that the tech in the iPhone was meant for a tablet, but Steve saw a market and directed the engineers to create a phone.
It takes a good company to foster good chance taking which is why RIM is in the shitter right now.

ps It took years before the competition caught up with the original iPhone's UI snappiness

pps The tech industry as a whole needs to stop using patents as a crutch, but at this point with so much money on the line you would have to be crazy not to sue. It's just business. And its up to US citizens to vote people into Congress to affect change and make sense out of copyright and patents.

RE: Glad to see it
By retrospooty on 1/3/2013 7:45:36 AM , Rating: 2
"Learn your history"

If you did, you would know that the Apple Newton and Palm Pilot both copied the earlier Psion product (The first PDA)... But that doesn't change my point, in fact it underlines it. ALL companies build off the ideas of others. Apple has a long history of copying other companies products and again, there is nothing wrong with that.

"it took years before the competition caught up with the original iPhone's UI snappiness"

It did. The initial iPhone was a huge homerun. Apple's reward for making that hit product was record profits. Now they have been caught up with and surpassed and they are suing instead of going back to innovating. THAT is the problem here.

RE: Glad to see it
By MartyLK on 1/3/2013 9:43:09 AM , Rating: 1
And if you knew your history, you'd know that every technology the world uses came from the United States.

RE: Glad to see it
By retrospooty on 1/3/2013 10:27:23 AM , Rating: 2
This helps my point that all companies copy and its OK. Thanks.

"Can anyone tell me what MobileMe is supposed to do?... So why the f*** doesn't it do that?" -- Steve Jobs

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