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  1. amazinglygraceless's Avatar
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    Default Apple wins $1 billion judgement against Samsung

    So, what does this mean in terms of the current smartphone landscape? Apples' relationship as one of Samsungs' biggest customers? Thoughts

    Apple Wins $1 Billion as Jury Finds Samsung Violated Patents - US Business News - CNBC

    Apple scored a sweeping legal victory over Samsung Electronics 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 $1.05 billion in damages.

    As for the countersuit, the jury found Apple did not violate any of Samsung's wireless standards or feature patents.

    Shares of Apple [AAPL 663.222 0.592 (+0.09%) ], which this week became the biggest company by market value in history, hit an all-time high of $675 in after-hours trading. Click here for the latest after-hours quote.


    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 [GOOG 678.63 1.83 (+0.27%) ] 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.

    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."

    In a statement after the verdict, Apple said, "We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. The mountain of evidence presented during the trail showed that Samsung's copying went far deeper than even we knew ... We applaud the court for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right."

    Samsung also issued a post-verdict statement, saying, "Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer. It will lead to fewer choices, less innovation, and potentially higher prices. It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies ... This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims."

    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 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.

    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 Aug. 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.
    Last edited by amazinglygraceless; 08-24-2012 at 09:13 PM. Reason: missed a couple of paragraphs in the 1st quote
  2. njblackberry's Avatar
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    Time for the appeals...
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  3. sgt50's Avatar
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    so Apple will pay Samsung for parts with lawsuit money, ha ha glad ill be rock in a BB9900 ON MONDAY


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  4. qbnkelt's Avatar
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    LOL!!!! You beat me by a minute, AG!!!!

    Going to request to have my thread closed....
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  5. ColdFistOfTruth's Avatar
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    Just about to post that!

    A key takeaway is that RIM legal counsel better review the all-touch BB10 VERY closely. A $1B verdict against RIM would kill it instantly and AAPL will NOT be afraid to throw down if it sees compelling similarities in BBOS 10 and the BB10 devices...

    But regardless, Androidland just got a whole lot more dangerous for phone builders...

    And double-regardless (and I say this even though I admire Apple), the whole patent law landscape is a steaming pile of p00 due for a modern massive overhaul...

    -CFOT
    CDM76 likes this.
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    This is great news, never liked Samsung and thought they always copied with all their products.
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  7. amazinglygraceless's Avatar
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    Quote Originally Posted by Qbnkelt View Post
    LOL!!!! You beat me by a minute, AG!!!!

    Going to request to have my thread closed....
    Damn RSS feeds
    qbnkelt likes this.
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    "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."

    Always nice to see the lawyers focused on the merits of the case.

    Appeal?
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    I have to wonder about the jury.....you'd be hard pressed to find someone who doesn't have a bias for either apple or Samsung these days,especially in a place like California.
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    This is a sad sad day for rectangular touchscreen devices with rounded corners.
  11. Tre Lawrence's Avatar
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    Next round: appeals.

    Non-smartphone using lawyers worldwide rejoice.
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    Apple is evil. I heard they plan on suing laptop manufacturers next.
    Left BlackBerry in May 2014 after very poor customer service and poor build quality. Had been a BlackBerry user since 2007 with the BlackBerry Pearl 8100.
    Now rocking a HTC One M8.
  13. amazinglygraceless's Avatar
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    Quote Originally Posted by Knightcrawler View Post
    I have to wonder about the jury.....you'd be hard pressed to find someone who doesn't have a bias for either apple or Samsung these days,especially in a place like California.
    If this mattered we'd have no jury system at all. People have biases on just about everything and are still able to set those aside, view the facts as presented and come to a reasoned verdict. And yes, they do that in California too.
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    What a crock. bounce back has no monetary value.. people didn't buy a phone just for bounce back.. nobody said "I want a bounce back phone so I'll buy the samsung instead of the iPhone".. this is a crock of sh1t. Samsung should tell the court to get f****d and just release a software patch to remove bounce back and be like "What? bounce back.. never heard of it"

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    Quote Originally Posted by amazinglygraceless View Post
    If this mattered we'd have no jury system at all. People have biases on just about everything and are still able to set those aside, view the facts as presented and come to a reasoned verdict. And yes, they do that in California too.
    Or, as in the case of RIM, the judge just sets the jury decision aside.
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    Default Apple must tread carefully.

    Quote Originally Posted by ColdFistOfTruth View Post
    Just about to post that!

    A key takeaway is that RIM legal counsel better review the all-touch BB10 VERY closely. A $1B verdict against RIM would kill it instantly and AAPL will NOT be afraid to throw down if it sees compelling similarities in BBOS 10 and the BB10 devices...

    But regardless, Androidland just got a whole lot more dangerous for phone builders...

    And double-regardless (and I say this even though I admire Apple), the whole patent law landscape is a steaming pile of p00 due for a modern massive overhaul...

    -CFOT
    The American legal system sometimes is a bit biased. Apple needs to tread carefully and ensure that they do not lose the goodwill they have currently. The American market is nice to control, however, the Asian markets dwarfs it. Just saying, Samsung is entrenched with Apple on the supply side, and how this works out in the end is going to be very interesting.
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  17. MartyMcfly's Avatar
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    Couldn't Samsung have settled a while ago? They gambled and lost. I'm interested to see how things play out from here on out.
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    If I were Apple, I think I'd be looking at finding a new supplier! LOL. I'm not sure I'd trust Samsung parts after this.

    Of course, in fairness, it should be pointed out that in the South Korea case, Samsung won & Apple lost.

    I suspect a little bit of bias plays a part in both cases and their judgements.
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  19. amazinglygraceless's Avatar
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    Quote Originally Posted by cynicalreader View Post
    Or, as in the case of RIM, the judge just sets the jury decision aside.
    The judge in that case did not set aside the jury verdict. Overturning a verdict on appeal (which is what was done) and setting aside a jury verdict are two different things.
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    If I didn't know any better and was going strictly off of what I was hearing on the major news outlets, I would think that Apple had invented the rectangle and that Samsung had released a series of products that "stole" Apple's shape.
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    Of course (as has been mentioned) it will be appealed, and I'm curious to see how the mobile/tech industry as a whole reacts during the appeals process.

    While many of Samsung's competitors probably grinned at the verdict, after some reflection I think many of them who initially grinned at it will begin to speculate as to how the verdict will affect them should they strive to be a contender against Apple. I foresee a lot more players pushing for patent reform in the near future. Unfortunately, it'll get uglier before it gets better.
  22. #22  

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    Quote Originally Posted by amazinglygraceless View Post
    The judge in that case did not set aside the jury verdict. Overturning a verdict on appeal (which is what was done) and setting aside a jury verdict are two different things.
    True, my wrong choice of words. Anybody know what the appeal process on a case like this is like - next steps, time frames?
  23. #23  

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    This at all things digital:
    "And, now that the verdict is in, the inevitable appeals process will begin.
    First, though, Samsung will ask Judge Lucy Koh to throw out the verdict as matter of law and Apple will seek an injunction and the increasing of the award based on willfulness. Koh has said she will hear those motions at a future date."

    Even more interesting is this statement:

    'Throughout the trial, both sides made statements and objections that were geared more toward an inevitable appeals court review than to either Koh or the seven men and two women on the jury."

    More fodder for arm-chair lawyers.
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    Quote Originally Posted by MartyMcfly View Post
    Couldn't Samsung have settled a while ago? They gambled and lost. I'm interested to see how things play out from here on out.
    Depends on how much Apple was asking for in a settlement. If it was more than $1Billion, maybe not such a bad gamble.
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    Quote Originally Posted by canuck_67 View Post
    The American legal system sometimes is a bit biased. Apple needs to tread carefully and ensure that they do not lose the goodwill they have currently. The American market is nice to control, however, the Asian markets dwarfs it. Just saying, Samsung is entrenched with Apple on the supply side, and how this works out in the end is going to be very interesting.

    If you read further you will see other courts in other countries have also rulled in Apples favor, not just the "American legal system". (BTW, that should be U.S. or United States, not American).

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