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Samsung Agrees To Pay Apple $548 Million Over Smartphone Patents (theverge.com)
An anonymous reader writes: After years of legal wrangling over smartphone patents, Apple and Samsung appear to have reached an agreement. The two companies released a joint statement (PDF) saying Samsung will pay Apple $548 million before December 14th. Apple must send them an invoice before they'll pay. It's not a complete stand-down; even their agreement contains disagreement. "The statement notes that Samsung 'continues to reserve all rights to obtain reimbursement from Apple,' although in the same document, Apple disputes these rights. ... Not only does the joint statement reserve Samsung's right to take some of this money back in any future cases, but this summer, the South Korean company announced it would be requesting a U.S. Supreme Court review of its legal case." At the very least, it's a big step toward resolving the mountain of patent issues between the companies.
The only comment I have about this is: PJ, please! Bring us Groklaw back! I miss Groklaw so much!
Samsung will pay it, report it as a minor loss and move on...
Glad to see this pioneering and innovative company is finally getting paid for all their hard work.
Samsung should try doing something *original* instead of *stealing* from the genius that is Apple. Quite honestly, they got off easy with this settlement. Samsung should be out of business for such despicable practices.
No one, not even Apple or Samsung, holds the patent on looking and acting like an ass. Even when using a mobile computing device. Even as a business practice.
It is our one last right. Exercise it proudly, just like they are.
If you understand Korean culture, and especially that of Samsung, you will know how painful and embarrassing for them this is. Firstly, Samsung always wants to dictate terms, they never are on the other end of things. Second, that they were shown to have have knowingly violated patents and publicly made to acknowledge that must be a very bitter pill to swallow. Loss of face in a lot of Asian cultures is considered among the more terrible things that can happen to a person.
Anyhow, both companies can eat a bowl of dicks, but this is still funny.
Gotta love the US patent system.
Since it lists all the ways this agreement is not an agreement and ends with:
"At the very least, it's a big step toward resolving the mountain of patent issues between the companies."
Apple: "That'll teach you to infringe our patents. Now give us the money."
Samsung: "Fine, here you go."
(Hands over check for $548 million)
Apple: "Thanks. Oh, by the way, how is the manufacturing of our new processors coming along?"
Samsung: "Oh, erm... Our running costs have gone up, so we're going to have to pass the increase onto you, I'm afraid."
Apple: "How much has it gone up by?"
Samsung: "$548 million"
Apple: "Fine, here you go."
(Returns check)
Summation 2
I'm starting to get the notion that these patent lawsuits are a way for big multinationals to further dodge taxes. Not only are civil penalties often deductible, but civil awards are very often not taxable.
So, it's sue me, sue you and can you scratch a little lower on my back, please.
You are welcome on my lawn.
I seriously doubt that intelligent people outside of the patent/legal profession would think any of either of their patents hold any merit. The best invention would be a way to send a message back to those who originally created patent law and tell them how ridiculous, abused, and twisted it is all going to become, so write it very carefully and define it very narrowly.
from the system-and-method-for-generating-half-a-billion-in-extra-revenue dept.
1) It's good to see the departmental tradition of /. making a comback.
2) Joking aside, I wonder how in accounting this kind of income is reckoned. From Apple's point of view, is it really like a one-off sales "revenue", as if $584M's worth of iphones are sold, or is it some kind of repair/appreciation to the damaged/depreciated asset, whose effect must be amortized over time? A single "yes" is not an answer to this "Is it ... or ...?" question.
...
3) Profit!!!1
Personally I'd say there's nothing to account for. The patent "asset" is simply not there, and the money that Samsung will pretend to pay is probably not theirs.
What a massive waste of everyone's time (including the lawyers, surely they want to leave more of a dent on the world than this). But it's not going to change. Patent laws have been abused by industrialists and trolls for a very long time, but I think most engineers would agree the stupidly trivial patents being issued now take things to a new level.
The things is that the people who have the most power to fix this problem seem to be too scared to tackle it. Fundamentally, engineers are the ones coming up with these ideas. It's not the CEO's or the finance monkeys. It is the engineer on the line dreaming up solutions to the company's problems. If engineers banded together and changed the way IP ownership was transferred into employers we could fix this problem overnight.
My thoughts would be to setup an association that basically took ownership of all patents produced by engineers and then licensed these back to employers. So if you are a member of this association and you go to work for Apple/Samsung, they have to agree that any patents you produce are paid for and owned by the association but an exclusive license is granted to the employer. This would allow engineers to then replace the government in administering and issuing patents. If a patent is deemed to be trivial, the association could have a review process to decide whether to open-source the patent or continue to grant an exclusive license to the employer. It could also reduce the default patent length (perhaps just on software patents) to 5 years, and have a defined process for an employer to ask for that term to be increased. This could all be funded through a small royalty on the patents it's members generate so the association could defend the inevitable massive legal attacks that will be taken against it.
Of course Apple/Samsung/Google would fight such a setup like crazy, which is sad in itself, but if enough engineers en-mass started doing this, and in particular the top talent in these companies, they would have little ability to fight it. Anyway, I imagine this will never happen, but I just find it silly how most of the great tech workers I meet are largely motivated by a desire to push forward progress, but are actually just pawns in a sick global game to allow one CEO to have more zeros in his bank account than another, with no regard for whether the world gets screwed over in the process.
They are to prevent competitors from making knock off parts or cloning exact looks. If the shape is larger, smaller, different in the slightest it is different and not a violation.
This is all non-sense overreach and is completely crap that the court allowed it to move forward and miss instructed the jury about what they were allowed to determine. I believe Samsung should ultimately win if the Supreme Court finally strikes down this bullshit payday for courts and lawyers.
The summary makes the agreement sound like it was hammered out by lawyers representing third grade kids. One kid says "I will pay, but disagree on why and can get my money back later". The other kid says "I agree, but disagree that you should get your money back". Rich kids these days!
And the lawyers continue to profit while we pay higher prices.
Sure patent agreements are resolved between companies which still results in preventing other players from entering the market. Even with all the FRAND patents the barrier to entry is insurmountable
Twinstiq, game news
Tief tiefin' from a tief make God laugh.
Beggah from a beggah make Him cry.
Cockroach 'ain ga no business in fowl cob.
Patent troll issa like a pile a goat dung sittin' on top of hill...
waitin' fo wind to blow.
<blink>down the rabbit hole</blink>
but TSCM doesn't have nearly the capability to keep up with demand {...}Samsung dictates the worlds production of some components (like Flash storage)
And when you're a device maker the size of Apple, you definitely need to spread production accross 2 different companies.
There is no number 3 after TMSC that could swallow the production that would need to be shifted from Samsung if Apple wanted to cut the cord.
Apple, at their scale, is basically stuck with Samsung and TSCM.
This fine is basically a way for them to try to get screwed a few penny less by Samsung.
(Who can then pretty much jack up the prices of flash to compensate if they want. Beside them and Micron there's nearly no one else able to follow the demand. Maybe Hynix?...)
And if someone has taken the time to have a look, but it might also by that Samsung is also one of the only two manufacturer from which Apple sources display pannels, with not much possibility further 3rd choice. Could someone have a look ?
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
My thoughts would be to setup an association that basically took ownership of all patents produced by engineers and then licensed these back to employers.
Employers would fire or decline to hire anybody who joins such an association.
Of course Apple/Samsung/Google would fight such a setup like crazy, which is sad in itself, but if enough engineers en-mass started doing this, and in particular the top talent in these companies, they would have little ability to fight it.
Except in antitrust court.
Just wait Samsung sues Apple back and demands same agreement, but over a lot lot more money.
Apple's patents are silly. Samsung has some real innovations that can kill every mobile phone manufacturer.