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Samsung Loses

danibbler

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The Apple vs Samsung trial is now over and it's a pretty clear sweep against Samsung:

http://www.cultofmac.com/186954/apple-samsung-trial-verdict-samsung-infringes-patents/

Here are the decisions:
– On the question of patents on the bounce-back technology featured in Galaxy line of smartphones immediately following the launch of the iPhone, Samsung is liable.
– On the question of pinch-and-zoom technologies, mostly based on one-and-two fingered control, the jury finds Samsung is guilty. Not all of the phones and tablets have been tagged as liable but many of them. (The damage figures could be huge.)
– On the question of tap and zoom technologies, Samsung is guilty. There are fewer devices dinged.
– Jury finds Samsung should have known that its divisions were enabling infringement actions.
– Jury finds Samsung DID NOT infringe iPad patents. That’s one on the column for Samsung.
– On the question of UI, mostly based on the iconography of the front screen of the iPhone, the jury finds Samsung guilty.
– This might be the biggest one so far: On the question of willfulness on most of the infringement of patents, the jury finds Samsung guilty as well.
– The jury ultimately upholds most of Apple’s patents.
– The jury decides against awarding Samsung any damages. Zero.
– The jury finds Samsung did not break Apple’s anti-trust exception.

Read more at http://www.cultofmac.com/186954/app...amsung-infringes-patents/#cG61S08IOq5T01p7.99
 

onthebottom

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$1.05B

As Cheney would say, big time....

OTB

 

onthebottom

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Will be interesting to see what products get banned from sale and what impact this has on other android vendors....

Here is another article:

Apple triumphs over Samsung, awarded over $1 billion damages

SAN JOSE, California (Reuters) - Apple Inc. scored a sweeping legal victory over Samsung on Friday as a U.S. jury found the Korean company had copied critical features of the hugely popular iPhone and iPad and awarded the U.S. company $1.051 billion in damages.

The verdict -- which came much sooner than expected -- could lead to an outright ban on sales of key Samsung products and will likely solidify Apple's dominance of the exploding mobile computing market.

A number of companies that sell smartphones based on Google's Android operating system may now face further legal challenges from Apple, a company that is already among the largest and most profitable in business history.

Shares in Apple, which just this week became the biggest company by market value in history, climbed almost 2 percent to a record high of $675 in after-hours trade.

Brian Love, a Santa Clara law school professor, described it as a crushing victory for Apple: "This is the best-case scenario Apple could have hoped for."

The jury deliberated for less than three days before delivering the verdict on seven Apple patent claims and five Samsung patent claims -- suggesting that the nine-person panel had little difficulty in concluding that Samsung had copied the iPhone and the iPad.

Billions of dollars in future sales hang in the balance.

Apple's charges that Samsung copied its designs and features are widely viewed as an attack on Google Inc and its Android software, which drives Samsung's devices and has become the most-used mobile software.

Apple and Samsung, two companies that sell more than half the world's smartphones and tablets, have locked legal horns in several countries this year.

Earlier on Friday, a South Korean court found that both companies shared blame, ordering Samsung to stop selling 10 products including its Galaxy S II phone and banning Apple from selling four different products, including its iPhone 4.

But the trial on Apple's home turf -- the world's largest and most influential technology market -- is considered the most important.

The fight began last year when Apple sued Samsung in multiple countries, accusing the South Korean company of slavishly copying the iPhone and iPad. Samsung countersued. Apple had sought more than $2.5 billion in damages from Samsung, which has disputed that figure.

The companies are rivals, but also have a $5 billion-plus supply relationship. Apple is Samsung's biggest customer for microprocessors and other parts central to Apple's devices.

A NEAR CLEAN SWEEP?

The U.S. jury spent most of August in a packed federal courtroom in San Jose -- just miles from Apple's headquarters in Cupertino -- listening to testimony, examining evidence and watching lawyers from both sides joust about seven Apple patents, five Samsung patents, and damage claims.

Jurors received 100 pages of legal instructions from U.S. District Judge Lucy Koh on August 21 prior to hearing the closing arguments from attorneys.

Lawyers from both tech giants used their 25 hours each of trial time to present internal emails, draw testimony from designers and experts, and put on product demonstrations and mockups to convince the jury.

At times, their questions drew testimony that offered glimpses behind the corporate facade, such as the margins on the iPhone and Samsung's sales figures in the United States.

From the beginning, Apple's tactic was to present what it thought was chronological evidence of Samsung copying its phone.

Juxtaposing pictures of phones from both companies and internal Samsung emails that specifically analyzed the features of the iPhone, Apple's attorneys accused Samsung of taking shortcuts after realizing it could not keep up.

Samsung's attorneys, on the other hand, maintained Apple had no sole right to geometric designs such as rectangles with rounded corners. They called Apple's damage claim "ridiculous" and urged the jury to consider that a verdict in favor of Apple could stifle competition and reduce choices for consumers.

The California trial has produced its share of drama and heated moments. Lawyers routinely bickered over legal matters in the jury's absence, filed rafts of paperwork to thwart each other's courtroom strategy, and sometimes even resorted to public relations tactics to make their views known.

OTB
 

onthebottom

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Tim Cook to Apple Employees:

Today was an important day for Apple and for innovators everywhere.

Many of you have been closely following the trial against Samsung in San Jose for the past few weeks. We chose legal action very reluctantly and only after repeatedly asking Samsung to stop copying our work. For us this lawsuit has always been about something much more important than patents or money. It’s about values. We value originality and innovation and pour our lives into making the best products on earth. And we do this to delight our customers, not for competitors to flagrantly copy.

We owe a debt of gratitude to the jury who invested their time in listening to our story. We were thrilled to finally have the opportunity to tell it. The mountain of evidence presented during the trial showed that Samsung’s copying went far deeper than we knew.

The jury has now spoken. We applaud them for finding Samsung’s behavior willful and for sending a loud and clear message that stealing isn’t right.

I am very proud of the work that each of you do.

Today, values have won and I hope the whole world listens.

Tim
 

WoodPeckr

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1 Billion? damn. apples making a killing off of patenting the inventions of others.
Steve Jobs did say stealing what others had already invented was his SOP!

The appeals will go on and on.

They ALL steal from each other....LOL!!!....:D
 

djk

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Its plainly pathetic though that you can patent a visual effect, the whole point of patenting was that you could patent how you did it, but you couldnt patent the effect.
Now we live in a world where you can patent a rectangle., doesn't matter how you did it, its a rectangle. WTF.
Funny how Samsung would compile a 132 page internal document on the iPhone UX and design if all they had to do is make their phones in the shape of a rectangle.

http://www.theverge.com/2012/8/8/3227289/samsung-apple-ux-ui-interface-improvement
 

danibbler

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The appeal will be even more interesting.

Despite apples 'winning', that doesn't change market dynamics much right now.
People will still buy what they want, the S3 still has great features, and a quick rewrite of some bits of the UI and UI effects will easiliy change things up.

The only way it will help apples numbers is if the Samsung phones get pulled, then you have less choice and by that it means more can choose apple but how many more.

Its plainly pathetic though that you can patent a visual effect, the whole point of patenting was that you could patent how you did it, but you couldnt patent the effect.
Now we live in a world where you can patent a rectangle., doesn't matter how you did it, its a rectangle. WTF.
Let's not get too fixated on just the rectangle part. Samsung went and deliberately copied everything they could. How else do you think they came up with a 100+ page document?
 

shakenbake

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1 Billion? damn. apples making a killing off of patenting the inventions of others.
And I suppose that you are the patent examiner, court judge and expert engineer who has authority to make that statement? Back up your statement with facts, show us the commercial precendents, or shut the fark up.
 

shakenbake

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Apple had the home court advantage.
No such thing as 'home court advantage' when it comes to legal battles. As a personal example, a company where I worked was being in a Texas court, the plaintffs' home advantage, and lost. There is no such thing as 'home court advantage' in big legal cases.
 

shakenbake

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Its plainly pathetic though that you can patent a visual effect, the whole point of patenting was that you could patent how you did it, but you couldnt patent the effect.
Now we live in a world where you can patent a rectangle., doesn't matter how you did it, its a rectangle. WTF.
Design patents, that is what allows an organisation to do just that.
 

shakenbake

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This case is far from over and I doubt very much Samsung will ever be required to pay anything near the 1 Billion awarded.

interesting read here... Apple/Samsung Jurors Admit They Finished Quickly By Ignoring Prior Art & Other Key Factors

and more interesting reading here from the law website Groklaw Jury in Apple v. Samsung Goofed, Damages Reduced -- Uh Oh. What's Wrong With this Picture?
Nothing is ever etched in stone when it comes to this type of legal action. There was once a lawyer freind of mine who had a picture in his office. A cow was being pulled from the front by one farmer and the rear by another one. In the middle, was a lawyer who was milking the cow. The caption read, 'Litigation'.
http://api.ning.com/files/m5*eqneL3...yzqXIRVsQk1Kc66v9d-LbqXrm6L*BDz1/DSC01916.JPG
 

djk

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This case is far from over and I doubt very much Samsung will ever be required to pay anything near the 1 Billion awarded.
You might be right. Apple has filed with the court asking to increase the award to $3 billion.
 

GG2

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Lame. Take ideas and improve on all of them to make a superior product, then get punished for it. Patent/copyright/trademark laws need to be revised.
 

b4u

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Steve Jobs: Good artists copy great artists steal

apparently this is only permissible if you're Apple :p
 

WoodPeckr

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^^^Funny how our resident fanboi apologists miss that above FACT!!!....;)
 
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