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Print 26 comment(s) - last by ProZach.. on Mar 5 at 3:49 PM

Samsung gets a nice boost from court win

Judge Lucy Koh of the U.S. District Court for the Northern District of California on Friday dropped a bombshell on Apple, Inc. (AAPL), effectively tossing $400M USD in damages from the $1.05B USD jury verdict against Samsung Electronics Comp., Ltd. (KSC:005930).

The modification was due to a mistake in how the damages were calculated by the jury on 14 products.  At least part of that sum may come back, as Judge Koh ordered the two to participate in a new damages trial.  The products involved in that trial will be Samsung's:
  • Captivate
  • Continuum
  • Droid Charge
  • Epic 4G
  • Exhibit 4G
  • Indulge
  • Infuse 4G
  • Galaxy Prevail
  • Gem
  • Galaxy SII for AT&T
  • Galaxy Tab
  • Nexus S 4G
  • Replenish
  • Transform
Judge Koh writes, "The court has identified an impermissible legal theory on which the jury based its award and cannot reasonably calculate the amount of excess while effectuating the intent of the jury."

Apple on Samsung phone
[Image Source: Reuters]

Samsung, while disappointed at Judge Koh's decision not to review the merit of the verdict, cheered the damage vacation, commenting to Reuters, "We are pleased that the court decided to strike $450,514,650 from the jury's award.  Samsung intends to seek further review as to the remaining award."

Apple shares fell nearly 1.8 percent on the news, while Samsung shares rallied 1.1 percent upwards.

Samsung will be appealing the overall verdict in the appeals circuit.  The South Korean phone giant should be aided by the fact that the U.S. Patent and Trademark Office (USPTO) has filed preliminary invalidation rulings regarding two of the key Apple utility patents involved in the case.  Samsung faces one other additional trial in which Apple claims patent violations against Samsung's newer products.

Source: Reuters



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Can't favor anyone
By UpSpin on 3/4/2013 3:42:38 PM , Rating: 1
I think it's pretty obvious that Samsung copied Apple with the Galaxy SI, less with the SII and created their own design with the SIII. Sure, other smartphones are also rectangular and don't look totally different, but Samsung really made a copy both with the smartphone design (seen from the front, chrome edge, dominant centered hardware button at the bottom, ...) and GUI (icons). So in my opinion, Samsung is guilty, they tried to mimic the iPhone to gain popularity, and they should pay a fine to Apple. $1 Billion sounds much, but isn't that much considering how much profit those companies make with Smartphones.

On the other hand is Apple, a greedy company which owns and uses ridiculous patents in their lawsuits. Probably because those patents are so broad and idiotic and nothing really exceptional (rectangular design, bounce back, multi-touch) Apple earned a lot of hate, justified. And if they win with those patents they might start suing others, too. No one should want this.

Because Apple is not the only patent troll, Microsoft is even worse, and even Samsung might use the power of patents to suppress competition I somehow hope that Samsung has to pay at least a smaller fine, most of those patents Apple used get invalidated and others judges invalidate other trivial software and design patents used in other lawsuits we hear nothing about.




RE: Can't favor anyone
By petrosy on 3/4/13, Rating: 0
RE: Can't favor anyone
By Dorkyman on 3/4/2013 8:33:40 PM , Rating: 1
How about Samsung pays Apple $20, and then joins with others in suing Apple for, say, $10B for abuse of the patent system?


RE: Can't favor anyone
By chick0n on 3/4/2013 10:21:22 PM , Rating: 4
I'm fairly sure Ferrari copied Ford's design, you know, the 4 wheels, doors, etc etc.

Apple didn't invent S HIT, they just buy questionable patents and sue everyone else.


RE: Can't favor anyone
By UpSpin on 3/5/2013 4:08:27 AM , Rating: 2
In every industry there are lots of design patents which patent the simple shape, the look of specific objects. Maybe this helps you to understand the purpose and the fact that it's pretty common to own such design patents:
http://books.google.de/books?id=WmiOAa5z03cC&pg=PA...

Porsche has one for the shape of their cars, it has one for the look of their fender and so do other car manufacturers own design patents.
http://www.google.com/search?client=opera&q=porsch...

Yes, all cars have 4 wheels, doors, and windows at each side. Yet, most cars look different, and none looks like a real Porsche.

quote:
Apple didn't invent S HIT, they just buy questionable patents and sue everyone else.

Apple invents a lot, just as Samsung, MS and others do. But all of them also hold a lot of questionable patents. And all of them sue each other. Do you think a double click is patent worthy?


RE: Can't favor anyone
By ritualm on 3/5/2013 7:45:56 AM , Rating: 2
quote:
Do you think a double click is patent worthy?

That's your justification that 'rectangle with rounded corners' is patentable?

ST F U.


RE: Can't favor anyone
By Cheesew1z69 on 3/5/2013 9:19:58 AM , Rating: 2
quote:
Apple invents a lot,
No, they really don't.


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