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Apple wins big in US, strikes out worldwide

Mr.D., Aug 24 2012 07:18 AM in Apple News

It appears the only place that Apple can win its lawsuits is the US. Tokyo District Judge Tamotsu Shoji ruled Friday morning that Samsung did not infringe upon Apple's patents. Apple sued Samsung last year in Japan, claiming the Galaxy S, Galaxy Tab and Galaxy S II infringed Apple's patent on synchronization, and sought 100 million yen in damages, according to court documents.

Jury overly confused with decisions it needed to make?

More and more complex patent law cases are being decided by juries, rather than judges. And juries tend to be more generous in the penalties awarded for patent violations.

"This case is unmanageable for a jury," Robin Feldman, and intellectual property professor at the University of California Hastings Law School, said before the verdict was announced. "There are more than 100 pages of jury instructions. I don't give that much reading to my law students. They can't possible digest it."

He may be right, in that the jury made several errors, one being a $2 million error that required them to be sent back into deliberations to fix that, and several other errors. Some are questioning the quickness of the verdict, especially in regards to the recent Rambus versus Micron case, in which the jury in that case took eight full weeks to deliberate and reach a verdict. The jury in this case arrived at its verdict after less than three days of deliberations, far swifter than many experts thought in view of the many complex issues. Alessandro17 points to an excellent article below outlining the many inconsistencies in this verdict.

"The trial is evidence of a patent system that is out of control," Feldman said. "No matter what happens in this trial, I think people will need to step back and ask whether we've gone too far in the intellectual property system."

Samsung has vowed to fight the case all the way to the U.S. Supreme Court. It will first ask the trial judge to toss the verdict. Failing that, Samsung will appeal to the Court of Appeals for the Federal Circuit in Washington D.C., a specialized court that hears nearly all patent appeals.

Losing companies often appeal to the Court of Appeals for the Federal Circuit, which received 432 cases from the federal district courts in the 12-month period ending March 2011. The court reported that it reversed 19 percent of those cases, without differentiating between bench trials versus jury trials.

After deliberating for just for 21 hours and 37 minutes following the three week trial, the jury in the patent infringement lawsuit reached a verdict awarding Apple more than one billion (US) dollars in damages. This amount is less than half of the $2.5 billion that Apple was seeking, but a big win never-the-less for apple in the light of three losses in court around the world in as many months.

The jury decided Samsung did infringe on Apple's '381 bounceback patent with all 21 of its products in question. For the '915 patent on pinch-and-zoom, the jury ruled all but three of the devices listed infringed, and more damningly, found that Samsung executives either knew or should have known their products infringed on the listed patents.

The jury did not decide in favor of Apple regarding the Tab 10.1 and the iPad, mirroring an earlier decision by a judge in the UK who stated the Tab is 'uncool' and would not be mistaken for the iPad. The jury did however rule that Samsung's smartphones infringed on the iPhones design when it comes to Apple's contours on the back of the iPhone and its home screen GUI.

Apple is seeking a preliminary injunction against Samsung's infringing products and Judge Lucy Koh has set September 20th as a date for the hearing. Apple has until the 29th to file its motion, which Samsung will have 14 days to respond to, before Apple has two days to craft a response of its own. As expected, Samsung has indicated it will appeal the ruling. Wall Street Journal's Evan Ramstad tweets that it plans to file post-verdict motions to overturn the decision and if those are unsuccessful, it will take its case to the Appeals Court.

Attached Image: 200px-lucyh-koh.jpeg

Post trial statements from both companies:

Apple:


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. The lawsuits between Apple and Samsung were about much more than patents or money. They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy. We applaud the court for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right.

Samsung:


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. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. 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. Samsung will continue to innovate and offer choices for the consumer.


Apple is 0 for 3 versus Samsung worldwide and 0 for 1 versus Kodak. Apple claims that Samsung copied the look and feel of the iPhone in its products as well as various technologies contained within.

Apple lost in the UK, in a judgment that forces Apple to publish on its website and in British newspapers that Samsung did not copy designs for the iPad. In fact, the judge called the Samsung products 'not as cool' as the iPad, and unlikely to be confused with Apple's tablet. The judge also described some differences between the form factors and the ease of use of the iPad which Samsung tablets do not posess.

Apple also lost in South Korea where they brought suit against Samsung on their home turf. While the judge ruled both in favor and against Apple, the only fine that was imposed was against Apple. The real impact in this case is that the products described in the suit can no longer be sold in South Korea. The product list includes the iPhone 4, the iPad 2 and the Galaxy Tab 10.1, Galaxy S II and the Galaxy Nexus. All last generation products, these devices are now missing from stores and electronic retailers in South Korea.

Apple also lost a patent case against Kodak earlier in the month when the judge dismissed the suit for being filed “unreasonably late”. Apple has filed a motion to reconsider while an appeal is prepared because Kodak is trying to sell those assets that are contested by Apple. The sale of the digital imaging patents that Apple has claimed is now being reconsidered by Kodak.

Sources for this story include CNET, The Verge, Evan Ramstad (Twitter), Reuters, AP, Reuters(Japan)

I believe they used the Retina MacBook as an excuse to take the 17" out of the lineup and use the Ret as the new professional favorite.


Indeed, along those lines, but some people are saying: give us the 17" MacBook Pro back, with or without Retina (even without Retina the MacBooks Pro have a very good screen).
U.S. Patent law has become way too overprotective of ideas and concepts which, in past decades, were not patentable. This is the result of corporate dollars influencing U.S. Congressmen. Things have gone way too far, and there is no leadership that will rein in these laws. At this rate, someone will manage to patent air and charge us all to breathe. I don't blame Apple or Samsung in this mess and don't think either are wrong. This is just a case of money corrupting law and perverting justice. Who loses? Consumers, of course.
you know something - and maybe im stupid - what if samsung just said to apple - screw you - go and find some other company big enough and capable of manufacturing the quantities of chips and other stuff that you need for your devices I wonder how quickly they would come up with a compremise to all of this stuff
yes its called stupid.
Apple must pay samsung for this chips,and all other stuff.

This its all marketing stuff and i am sure its nothing personal Samsung vs Apple.

They get many publicity with this SUE,and they profit together.

Sorry for bad english.
@ Kucksy It's not likely to happen because in the marketing world, business and friendship do not coexist together.
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When I read this article the first thing that came to my mind was the exact video clip that Rowas posted. GOOD FOR YOU MAN !!! I couldn't agree with you more. It's completely and utterly HYPOCRITICAL for a company like Apple to have the GALL to even think of suing a company like Samsung for only being inspired by Apple's iOS and imitating from them (yet they call it stealing). Apple (instead of suing) should be proud that anyone would want to imitate from them.

Let's take it even a step further look at this article:

http://www.dailymail...king-iPads.html

SUISIDE NETS for Chinese sweatshop workers at Apple ?!?!?! So this is how you keep a company growing? It's no surprise that their stock at over $600 Billion now. They've hit the "big-time"... it's called: Corporatism. Apple should be ashamed of themselves.
This is so ridiculous that it makes me puke.

I could have bought 10 Xperia X10 Mini pro for 1 Iphone. :2cents:
UPDATE!!

U.S. District Judge Lucy Koh cut from $1.05 billion to $600 million the damages Samsung must pay in Apple v. Samsung, ruling that the damages awarded for a handful of products in the case must be recalculated in a new trial.

In a lengthy ruling released Friday afternoon, Koh waded further into the ongoing question of damages. She denied Apple’s request for supplemental damages and granted Samsung’s request for a new trial to reconsider the damages after finding that the method jurors used to calculate the sum directly violated instructions they’d been given. Koh did not overturn the verdict that these mobile devices infringed Apple’s IP, she only disagreed with the amount Apple had been awarded.

... from Wired.com Friday 00:04 EDT

I think this is just terrible. I respect the products that Apple has made. I respect the value of quality in their systems and interfaces.

However, Apple is an anticompetitive company with little to no moral value. Any argument otherwise is a sign of ignorance. Steve Jobs and Apple has admitted to copying, yet now they sue for the same reason.

http://www.youtube.com/watch?v=J0UjU0rtavE
http://www.youtube.c...VidOFqBo#t=245s

All I'm saying is that the world needs to change. These cases are getting out of hand.


Your post is untrue and it's galling because so many people say the same thing without bothering with the facts. Steve Jobs licensed the technology for mouse and graphical user interface from Xerox Parc. No Apple did not invent the mouse and gui but they were the first to bring it to the masses. This is an example of copying or stealing a great idea but doing it in a legal way. The same approach has been applied to iPhone, iPad and all their devices. No, Apple did not invent the touch screen or the camera, or the app store, but they licensed the technology and were the first to bring it to the masses in one slick easy to use package.

What Samsung did was clearly copying. They had executive emails wondering what would happen because they knew they were infringing. The reason why Apple has a hard time winning in other parts of the world is because the rest of the world has a different take on things. Their courts look at what the Patent Offices in the U.S. are granting and laugh their a**** off. Copying is not the same in China, Russia, or Spain as it is in the U.S. In those countries, if you make a copy of a CD it's like no big deal, who cares? In the US the RIAA will send a drone over to your house and have you executed on the spot. That's the difference.

If you can sue McDonald's because your coffee is too hot, who is to say Apple can't sue for patent infringement? You see people in China suing McDonald's because their coffee was too hot? You see people in London suing Starbucks because they spilled hot coffee on their lap? In other countries you are responsible for your own actions, in the U.S. it's different.

Incidentally I think Samsung did copy Apple but Apple has no choice but to try to defend their turf. My Galaxy S2 just looks like an iPhone, icons and all. It's a business decision. If you know your competitor is copying do you just sit there idly by while the rest of the world beats you over the head with a hammer you created?

I don't mind the lawsuits if they have some merits, and I think Apple's case clearly has some merits. Apple isn't suing Samsung just for the sake of suing them like Samsung tries to do with Apple with their counter-suits. Apple isn't in the business of wasting their time. Their devices have no doubt changed the world and I can't wait to see what's next.

When I read this article the first thing that came to my mind was the exact video clip that Rowas posted. GOOD FOR YOU MAN !!! I couldn't agree with you more. It's completely and utterly HYPOCRITICAL for a company like Apple to have the GALL to even think of suing a company like Samsung for only being inspired by Apple's iOS and imitating from them (yet they call it stealing). Apple (instead of suing) should be proud that anyone would want to imitate from them.

Let's take it even a step further look at this article:

http://www.dailymail...king-iPads.html

SUISIDE NETS for Chinese sweatshop workers at Apple ?!?!?! So this is how you keep a company growing? It's no surprise that their stock at over $600 Billion now. They've hit the "big-time"... it's called: Corporatism. Apple should be ashamed of themselves.


Again, another galling article that is taken out of context. Foxconn, (or Hon Hai) the company that is building Apple's iPhones and iPads is a huge company. They have over 700,000 people employed and living on the premises. That's larger than most U.S. cities. If you have a population of 700k+ you will have suicides because any city of 700k will have suicides. Everyone has personal problems. Because they live, eat, and work all in the same place, it's no surprise if they gonna commit suicide it's gonna be at work.

As for your link many of the stories online are completely fabricated: http://news.yahoo.co...-175638428.html

"American Life" actually retracted their story and issued an apology after it turned out much of the information about Apple's factories were in fact, untrue. Fact of the matter is, if you followed up on these stories you'd find that much of the time they are made up. This guy Mike Daisey deserves to be punished for his lies. He made an effort to gain himself some notoriety by making up false stories about Apple. There's no doubt in my mind that there are scores of other people just like this scum. People are pushing these stories around and there's no truth to them whatsoever.

If you can sue McDonald's because your coffee is too hot, who is to say Apple can't sue for patent infringement? You see people in China suing McDonald's because their coffee was too hot? You see people in London suing Starbucks because they spilled hot coffee on their lap? In other countries you are responsible for your own actions, in the U.S. it's different.


Yes, welcome to America where nearly anybody can sue anybody for anything. I think that your comparison that includes China in the list above is a little misleading... as China is basically a single party, part socialist, part capitalist, authoritarian/ totalitarian oligarchy with figurehead leaders. The U.S. is different - thank the 8 pound 6 ounce newborn infant Jesus for that!

Fact of the matter is, if you followed up on these stories you'd find that much of the time they are made up. This guy Mike Daisey deserves to be punished for his lies. He made an effort to gain himself some notoriety by making up false stories about Apple. There's no doubt in my mind that there are scores of other people just like this scum. People are pushing these stories around and there's no truth to them whatsoever.


Speaking of following up on stories quoted in comments - for further reading on the Hot Coffee Lawsuit - which was later settled out of court after damages were reduced (sound familiar???) on appeal, read this. It also mentions on that wiki page about other suits that were brought against other companies for similar complaints, and were dismissed or defeated as frivolous.
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