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Apple and Samsung Both Get South Korea Bans
New submitter Mackadoodledoo sends this quote from the BBC:
"A South Korean court has ruled that Apple and Samsung both infringed each other's patents on mobile devices. The court imposed a limited ban on national sales of products by both companies covered by the ruling. It ruled that U.S.-based Apple had infringed two patents held by Samsung, while the Korean firm had violated one of Apple's patents. The sales ban will apply to Apple's iPhone 3GS, iPhone 4 and its tablets the iPad and iPad 2. Samsung products affected by the ban include its smartphone models Galaxy SI and SII and its Galaxy Tab and the Galaxy Tab 10.1 tablet PCs."
to stop the patent wars! Ban everybody!
Apple infringed 2 essential patents, Samsung 1 design patent, apple should have had to pay more.
When you cant win, ad hominem.
Considering that Samsung, just ONE CONGLOMERATE, generates 20% of the entire country of Korea's GDP, I hardly think the judge(s) would be capable of being impartial.
Korean's are quite "feisty" (I've got some blood). I've been in numerous protests in Seoul where students would fight the police for days over some perceived fault by the U.S. Demonstrations by striking workers quickly become violent.
Starting to understand the whole MAD thing yet?
Strange game. The only winning move is, not to play.
I do not know what about what patents the incoming Patent War will be, but next one will be about patenting sticks and stones.
You don't understand it. The lawyers are indeed really happy. They still got paid.
Recent? Kind of. Flagship models? Those would be iPhone 4S and Galaxy S3.
which is totally what she said
I believe this is what was referred to as Mutually Assured Destruction. That doctrine probably prevented nuclear war during the Cold War, but alas... Apple's not as rational as the Russians or Americans, so it lobbed the nuclear bomb of patent litigation anyway.
Samsung bought the suit in this instance in April last year
http://samsungtomorrow.com/1126
in response to Apple filling suit in the United States
Watch those corners
You don't understand it. The lawyers are indeed really happy. They still got paid.
My guesstimate is the lawyers are on retainer and/or are corporate salaried so they would have gotten paid anyway.
I don't think this is right. According to a recent article at Bloomberg this is actually causing a spike in lawyers and their services as this demand expands. From the article:
Costs are higher in cases before the ITC. The Washington agency has shorter timelines, squabbles over obtaining information from overseas companies, and no limits on how much pretrial evidence can be gathered or witnesses questioned. Forty or more lawyers may be assigned to each side in an ITC case, based on a review of dockets.
U.S. district court hearings can have 20 lawyers on either side. One or two wil take the lead, and the rest will be responsible for specific witnesses, the technology behind a single patent, or the legal arguments backing a key point.
“These big global cases, they become no stone unturned, no grain of sand unturned -- and for every one you turn over, you examine every facet,” Long said. “To do that, you need lots of people. You go down 1,000 rabbit holes, 10,000 rabbit holes, and most of them are empty but there’s one of them that’s not.”
The smartphone makers don’t disclose their total patent litigation costs. At some smaller companies, those expenses are enough to affect earnings. Computer-chip designer Rambus Inc. (RMBS) spent $56 million each in 2008 and 2009 when it was embroiled in trials, and chip packaging company Tessera Inc. (TSRA) has spent as much as $84 million in a year, based on their annual reports.
I believe these lawyers are assigned cases by their firm and the more cases the more lawyers and the more money paid. Of course, as that last paragraph notes, this means less innovation and more lawyers -- something nobody should want except the lawyers.
My work here is dung.
In the Apple vs Samsung case in California the jury needs instruction from the court. It seems the rectangular jury table with round corners infringes upon Apple's patent and the jury is unable to proceed.
I'll see your senator, and I'll raise you two judges.
MAD only works when all of the players are rational and sane. It worked for a long time because nobody is willing to pull the trigger, not even dancing monkey boy of the flying chairs, because doing so would be insane.
Enter Apple.
Steve: “Good artists copy, great artists steal. And we have always been shameless about stealing great ideas.”
Also Steve said don't steal our technology, invent your own. Yet Apple doesn't sue over technology but over mere style and perception and obvious design choices. Yet in the biggest hypocrisy ever, Apple won't license FRAND patents that are by definition Fair, Reasonable and Non-Discriminatory, and which others have taken a license for. Because Apple is special. Apple being special is not surprising considering that Steve himself was special enough that he should be able to park in handicapped parking spaces when it suits him. Whenever countersued over FRAND patents, Apple complains "but hey, this is an FRAND patent -- standards essential -- no fair!". Then why doesn't Apple buy a license for that patent like everyone else? If anything, the fact that it is standards essential, and FRAND ought to be a powerful reason to ban products from the market -- after all the license is *reasonable* and *fair*. But I guess it's not fair when Apple is the defendant.
In the California case of Apple vs Samsung, perhaps the best outcome would be to simply ban both company's accused products from the market. This would still leave Samsung with phones and tablets that are not infringing and could be sold. It would leave Apple with none. Meanwhile Samsung also can continue selling dishwashers and other appliances, TVs and other consumer electronics, jet aircraft engines, etc.
I'll see your senator, and I'll raise you two judges.
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