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Jury Finds Apple and Samsung Infringed Each Other's Patents

An anonymous reader writes "A U.S. jury concluded Friday that Samsung had infringed on two of Apple's patents and that Apple had infringed on one of Samsung's patents. Prior to the trial, the judge had ruled that Samsung had infringed on one other Apple patent. Samsung will receive $158,400 in damages, although they had requested just over $6 million. Apple will receive $119.6 million in damages, although they had requested just over $2 billion and a ban on certain Samsung phones. Some say that a sales ban is unlikely to be approved by the judge. The jury is scheduled to return on Monday to resolve what appears to be a technical mistake in their verdict on one of the patents, and Apple may gain a few hundred thousand dollars in their damages award as a result."

13 of 49 comments (clear)

  1. who wins? by Anonymous Coward · · Score: 5, Insightful

    Totally worth it. (For the lawyers making baaaaaaaaank)

  2. Re:These patent lawsuits are getting out of hand! by Anonymous Coward · · Score: 3, Insightful

    Samsung will receive $158,400 in damages, although they had requested just over $6 million. Apple will receive $119.6 million in damages, although they had requested just over $2 billion [...]

    Samsung demand a reasonable about and is granted peanuts. Apple make obscene demand and is granted smaller, but still obscene, amount. THE SYSTEM WORK!

  3. A method for. by serviscope_minor · · Score: 4, Insightful

    1. A method for doing stuff on a thing. Actually it's a modern patent, so the mere idea of using a thing to do stuff without bothering to elucidate the useful information which is how.

    2. The claim of (1) but like on a computer.

    3. The claim of (2) but like totally using the internet.

    4. The claim of (3) but like on a device but with a means of communication.

    5. The claim of (4) where the device is also portable.

    6. yeah and battery powered too.

    7. and uses like a radio.

    8. like 7 but may or may not do voice communication.

    9. like any of the above with with a touch screen.

    10. The claim of (9) whereby the touch screen represents physical elements

    11. And the claim of 11 where it doesn't,

    12. ooh and maybe rounded corners too.

    13. The claim of (1) but this one is so obtusely worded that if you manage to read it correctly (and we're pretty sure neither the judge, patent examininers or jury will) we atually managed to patent the idea of using buttons on a portable device so lolz to you.

    Sure I'm cynical, but whenever I see a patent in my area of speciality it's either the vague idea of doing something that people have been trying to do unsucessfully for ages, a totally obvious aggregation of two things that really is obvious to anyone in the field who happens to have that problem and of course, completely not novel in any way at all and has simply been done before in its entirety.

    Not to say all patents are bad, but it's the woeful 99.9% giving the remaining .1% a bad name.

    --
    SJW n. One who posts facts.
    1. Re:A method for. by Solandri · · Score: 2

      Because it was so obvious, everyone (or almost everyone) thought it was sure to be rejected by the USPTO so they didn't bother trying. I mean seriously, searching the device and the web at the same time? That's something you do any time you look for something. Yes you do it sequentially (because there's only one of you), but so does the computer. It just does it sequentially a whole lot faster so it appears to be simultaneously.

  4. Re:Apple vs Samsung by IQzeroIThero · · Score: 2

    You think if Samsung do the gangnam style, the jury will realize their mistake and overturn the verdict ?

    --
    Out of my mind. Back in 5 mins.
  5. The consumer gets screwed, as usual by bazmail · · Score: 4, Insightful

    Its us the consumer who ends up picking up the tab for the legal bills, and in the end we just find out what we all knew already, they all steal each others ideas. Thanks Apple.

    1. Re:The consumer gets screwed, as usual by Pascoea · · Score: 3, Insightful

      In a round-about way, yes, I believe he is saying that Samsung ripped off Apple. But in the same breath implied that Apple is stealing Samsung's shit. Which, as he said, everybody already knew that. So, in the end, they trade a shit ton of money, neither of them change what they are doing, and the price you and I pay for a smartphone goes up by 10c to subsidize the lawyers. Great system we have going.

  6. Re:Apple vs Samsung - no chance by Anonymous Coward · · Score: 5, Interesting

    What the mods failed to see with the GP is that the American jury is going to have some prejudices against the foreign company - especially an Asian one.

    All in all, Apple has this great reputation in the US, it's considered to be the poster boy for innovation and how USA is still #1!

    Most Americans have the view that Asian companies do nothing but copy American companies' products, cheapen it, and sell it for less; while costing the jobs of red blooded Americans.

    Rule based on law? Ah, the subconscious is an amazing thing. Dan Ariely, Daniel Kahneman and other Behavioral economists have quite a bit of data on how we humans are anything but rational and our decisions are mostly made unconsciously.

    Samsung had no chance.

  7. Re:Which patents? by jcr · · Score: 4, Insightful

    I would have thought the "Look and Feel" --type patent suits were dead and buried after Microsoft won vs. Apple back in the Win3.1 days.

    Nope. Microsoft skated on that because of a poorly-worded license contract that was intended to permit them to use Apple's UI ideas in their Mac products.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  8. Apple's patents "click on a link" by Anonymous Coward · · Score: 4, Informative

    The NY Times has a summary of the 6 patents involved.

    They are:

    1. Click on an underlined phone number to dial the number
    2. Search your phone for stuff
    3. Do two tasks at one time
    4. Slide to unlock
    5. Compress data to minimize transmission time
    6. Put your photos into one location

    Which of those 6 patents covers a non-obvious idea?

  9. Re:These patent lawsuits are getting out of hand! by Grand+Facade · · Score: 2

    Yeah more laws is what we need.

    Just think of how we got to where we are....

    --
    Rick B.
  10. Re:Samsung lost the case in Korea by Flytrap · · Score: 3, Informative

    I think that scenario has already played out before a South Korean court.

    The summary from the Wall Street Journal:
    The Seoul Central District Court rejected all of Samsung's claims against Apple, including a request to pay 100 million won (about US$95,000) in damages. It noted that the two patents are invalid because they can be easily developed using existing technologies.

    You can read about it here: http://online.wsj.com/news/art...

    In 2012, a Korean court had found that Apple did infringe on 2 standards essential Samsung patents. This is what got Samsung into trouble with the European Union regulators, because you cannot volunteer your technology to become part of a standard and then later hold the industry (or competitors in the industry) to ransom by selectively refusing to license that technology on FRAND terms - this is the same reason that Obama overturned the iPhone ban, by the way.

  11. Apple Refusing To Pay by meehawl · · Score: 3, Informative

    you cannot volunteer your technology to become part of a standard and then later hold the industry (or competitors in the industry) to ransom by selectively refusing to license that technology on FRAND terms

    You're got it backwards. It's Samsung that has "essential" patents and demanding payment but it's Apple that's refusing to pay anything for them. So ironically, thanks to the US's obvious native-company favouritism, a company with essential patents (like Samsung's) can't get money or redress, while a company with trivial, obvious patents (like Apple with rounded corners, hyperlinks, search bars, etc) can sue, and sue, and sue, and sue till the sun dies. Basically, Apple gets to pirate Samsung's essential patents in the US, thanks to govt protectionism.

    Apple wants a royalty rate of $24 per unit from Samsung for its alleged use of Apple's design patent, the notorious tablet shape with rounded corners ... when Samsung asked Apple for a much lower amount per unit that everybody else in the market pays for Samsung's standards patents, Apple refused, offered no counter-offer, and sued instead. To date, it's paid nothing at all for those patents or for the other regular patents Samsung is accusing Apple of infringing. In its trial brief, Apple states in one header:
            To The Extent That Samsung Is Entitled To Any Remedy, its FRAND Damages Cannot Exceed $0.0049 Per Unit for Each Infringed Patent
            Less than a penny should be Samsung's lot for patents that are essential to even be in the mobile phone business, but Apple wants Samsung to pay $24 for rounded corners, plus from $2.02 and up to $3.10 per unit for its utility patents.

    The Commission also found that Apple had failed to argue other FRAND-based defenses, such as promissory estoppel, laches or fraud. Finally, the Commission determined that even if Apple had offered evidence of the proper interpretation of ETSI’s IPR policy and had shown that the patents at issue were actually necessary to practice the standard, that the FRAND declaration was a legally enforceable obligation, and that Samsung was required to grant irrevocable licenses under FRAND terms to any party, it still would not have found in Apple’s favor, because the parties’ final offers were sufficiently close to each other that Samsung did not violate its obligation to negotiate in good faith.

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