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Apple/Samsung Patent Case Returns To Court To Revisit Infringement Damages (macrumors.com)

An anonymous reader quotes MacRumors: The U.S. Court of Appeals for the Federal Circuit on Thursday reopened a longstanding patent lawsuit related to Samsung copying the design of the iPhone nearly six years ago...according to court documents filed electronically this week... Apple's damages were calculated based on Samsung's entire profit from the sale of its infringing Galaxy smartphones, but the Supreme Court ruled it did not have enough info to say whether the amount should be based on the total device, or rather individual components such as the front bezel or the screen. It will now be up to the appeals court to decide.

Apple last month said the lawsuit, ongoing since 2011, has always been about Samsung's "blatant copying" of its ideas, adding that it remains optimistic that the U.S. Court of Appeals will "again send a powerful signal that stealing isn't right."

35 of 84 comments (clear)

  1. Re:The damages weren't enough by sjames · · Score: 5, Insightful

    Since Jobs was inspired to the rounded rectangle design when he saw a street sign, shouldn't they be paying the DOT?

  2. Background information by Anonymous Coward · · Score: 1, Interesting

    This story won't make much sense to younger Slashdotters without a history lesson. Years ago Apple's CEO was a guy called Steve Jobs, and under his management they used to have ideas worth copying. Also at that time Samsung made phones that were successful as communication devices rather than as incendiaries. Now go back and read the summary and hopefully it'll make more sense to you.

    1. Re:Background information by Anonymous Coward · · Score: 1

      Oh ya, and the Jobs guy was a narcissistic a-hole that thought is was ok for him to steal ideas from others but went off in a rage when other dared use his. He was the villain of this story.

  3. What about what Apple stole? by backslashdot · · Score: 4, Insightful

    Finger scrolling on a touchscreen --- Stolen from IBM, US Patent 6278443
    Kinetic scrolling on a touchscreen -- Stolen from Philips
    Magnetic connector -- Stolen from Japanese appliance manufacturer
    Landscape/portrait mode change based on phone orientation -- Stolen from the touchscreen myOrigo phone made in Finland
    Browser Task switcher look & feel -- Stolen from Nokia
    Large touchscreen phone idea -- stolen from me http://slashdot.org/comments.p...

    That's not mentioning the wholesale lifting of the idea of cell phones, smartphones, and apps from Motorola, Blackberry, and others.

    1. Re:What about what Apple stole? by backslashdot · · Score: 1

      Forgot to mention also stealing their stealing of the fingerprint authentication idea from Motorola. I feel like that is pretty significant. What did Motorola get for that?

    2. Re:What about what Apple stole? by Ecuador · · Score: 1

      Yeah, but nobody had put all those in a rounded rectangle! It was a brilliant move, I hated all those triangles and hexagons that came before it!

      --
      Violence is the last refuge of the incompetent. Polar Scope Align for iOS
    3. Re:What about what Apple stole? by backslashdot · · Score: 1

      How is it questionable? What a frail attempt at discrediting my factual statements. Which of my statements is provably false? Are you saying Philips did not invent kinetic scrolling on a touchscreen before Apple? Just google it. Are you saying the myOrigo phone didnt have landscape/portrait mode switching? Again, google it .. you'll see many old articles reviewing that phone.

      Check the dates on any of the ideas or inventions I listed.

    4. Re:What about what Apple stole? by notsteve · · Score: 1

      Large touchscreen phone idea -- stolen from me http://slashdot.org/comments.p...

      You are delusional, unless you're being sarcastic, in which case, well-played.

    5. Re:What about what Apple stole? by notsteve · · Score: 2

      The things you list are not nearly as simple as you make them out to be - there's not "one thing" that generated these ideas. Each of these "ideas" is, fact, hundreds of different ideas, refined, combined, and cross-influenced. Look up some peer-reviewed papers on these topics—you'll find hundreds of papers on even very specific topics, usually representing small, evolutionary steps. User interface interface research is a complex science.

    6. Re:What about what Apple stole? by drinkypoo · · Score: 1

      So, mods, the +5 Insightful rating for the Parent simply points out (once again), the unbridled Apple Hate that manifests itself in Slashdot's asinine and broken "moderation" system.

      Dry your Apple-flavored tears, troll. Approximately every time I say bad things about Apple here I get moderated down by Apple fans who are crying about the resulting sand in their arsecrack.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:What about what Apple stole? by Anonymous Coward · · Score: 1

      The OP didn't lose. The entire body of phone customers did, as they'll be paying more for ludicrous "IP", as Apple suppresses competition which, for any other industry, would be completely standard "learning from others' simplistic design ideas". Rounded corner, fancier car headlights. Everything is built on something else, and when an idea is a) not even mildly clever, and b) originated with someone else entirely, you can stack the entire Earth's population of lawyers up claiming otherwise, it will still be ludicrous.

      Really, I'd suggest working first on your magical thinking and irrationality in casting random insults to posters having nothing to do with the financial gains being discussed, first, though. He was expressing an ethical opinion. Maybe the first time you've heard one, and maybe know you'll be able to formulate your first one of your life.

    8. Re:What about what Apple stole? by Anonymous Coward · · Score: 2, Insightful

      So, mods, the +5 Insightful rating for the Parent simply points out (once again), the unbridled Apple Hate that manifests itself in Slashdot's asinine and broken "moderation" system.

      It isnt Apple "hate", you just characterize it that way because you can't understand that people can view companies objectively rather than emotionally. In TFS you see Apple's motivation for this is to push the idea that copying is wrong, which GP is pointing out is rather hypocritical given their history of not really inventing anything but rather producing a collection of copied ideas. This usually results in brilliant products from the company but nonetheless is copying of other peoples' ideas.

      I'm a fan of what they produce and I think the fact that they copy others to do it is just fine, but it's obviously hypocritical for them to say nobody is allowed to copy them.

    9. Re:What about what Apple stole? by Plumpaquatsch · · Score: 1

      Large touchscreen phone idea -- stolen from me

      Considering people complained the screen of the original iPhone was too big, they obviously stole the idea from themselves.

      --
      Of course news about a fake are Fake News.
    10. Re:What about what Apple stole? by Plumpaquatsch · · Score: 1

      Forgot to mention also stealing their stealing of the fingerprint authentication idea from Motorola. I feel like that is pretty significant. What did Motorola get for that?

      Oh, you mean from the Moto phone where the fingerprint scanner was on the back, and you had to swipe your finger across it and the camera lens right next to it? Yeah, Apple totally stole that - only that there were fingerprint scanners decades before, and Apple actually did it in a way that wasn't literally a mess.

      --
      Of course news about a fake are Fake News.
    11. Re:What about what Apple stole? by Plumpaquatsch · · Score: 1

      So, mods, the +5 Insightful rating for the Parent simply points out (once again), the unbridled Apple Hate that manifests itself in Slashdot's asinine and broken "moderation" system.

      Dry your Apple-flavored tears, troll. Approximately every time I say bad things about Apple here I get moderated down by Apple fans who are crying about the resulting sand in their arsecrack.

      Yeah, it has nothing to do with your claims being wrong. Facts be damned.

      --
      Of course news about a fake are Fake News.
    12. Re:What about what Apple stole? by drinkypoo · · Score: 1

      Yeah, it has nothing to do with your claims being wrong. Facts be damned.

      I've used Apples since the ][+. Still have two macs here now, just to fiddle with them. I think I've probably owned a dozen or so Apples, if I think about it. The longer I think, the more I remember. ][+, Mac Plus, SE, IIci, Centris 650, Powerbook 280c, B&W G3 Revision 1, original B&W iMac, iBook G3, iMac G4 are the ones I can think of right now. I thought about building a Hackintosh, but then I came to my senses and refreshed my Linux install. I've also run NeXTStep in vmware, and used a Turbo slab a few times. Point to a claim I've made about Apple which is wrong. I know my Apple bullshit from personal experience.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:What about what Apple stole? by Plumpaquatsch · · Score: 1

      Well, I have been told using Apple products proves you are wrong - so what's your point? That you are wrong? Yes, we already told you. That you continue to be wrong, or are in fact even more wrong than before is completely your problem. Stop whining.

      --
      Of course news about a fake are Fake News.
    14. Re:What about what Apple stole? by drinkypoo · · Score: 1

      Stop whining.

      Point to where I said something untrue about Apple, or take a flying fuck off a tall cliff. Thanks.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:What about what Apple stole? by drinkypoo · · Score: 1

      That's easy. Every use of the word stolen is an emotive statement not based in fact or law unless you also show us where the courts upheld that view.

      Oh, my incompetent noob. Go back and read the thread, and point to the place where I used that word.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re:What about what Apple stole? by Plumpaquatsch · · Score: 1

      That's easy. Every use of the word stolen is an emotive statement not based in fact or law unless you also show us where the courts upheld that view.

      Oh, my incompetent noob. Go back and read the thread, and point to the place where I used that word.

      ThatÄs easy: https://slashdot.org/~drinkypo... - find one that was modded down to be sure.

      --
      Of course news about a fake are Fake News.
  4. Bull by sjvn · · Score: 3, Informative

    SCOTUS specifically said Apple is NOT entitled to all of Samsung's Galaxty profits. That ship has sailed. They'll also get a fraction of what they wanted, which is still too much. See

      http://www.zdnet.com/article/s...

    for details.

    Steven

  5. stealing isn't right and is not the right word by Zemran · · Score: 1

    Court of Appeals will "again send a powerful signal that stealing isn't right." steal (v). take (another person's property) without permission or legal right and without intending to return it. I do not think that there was any intention to permanently deprive Apple of anything so there was no theft. I would expect the Court of Appeals to understand the legal definition and not pander to the latest propaganda.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  6. Doctor Who by Anonymous Coward · · Score: 1

    Somehow all the geeks here missed the good doctor. In fact, I'd like to sight just two examples:
    Episode 1 - An Unearthly Child - William Hartnell ... hand held device with modestly rounded corners, flat front amd flat back

    Episode 2 - The Daleks - William Hartnell ... hand held device with rounded corrners, flat face, slightly rounded back

    Food for thought ... Woz and Jobs were who fans or at least one of them was!

    Just sayin ...

  7. Re:The damages weren't enough by meerling · · Score: 2

    It was a 'design patent'. Not something about technology or production, but rather about looks. Pretty much everyone I've ever talked to about that says the entire concept is total B.S.
    Gee, bevels in glass so it doesn't have the sharp edges. Corners on rectangles to they don't poke you when in your pocket. Total obvious garbage.

  8. Re:The damages weren't enough by Plumpaquatsch · · Score: 1

    If that were true, then why did Apple have to fake images of a Samsung phone to look like the iPhone?

    They didn't so they didn't.

    --
    Of course news about a fake are Fake News.
  9. Re: The damages weren't enough by Plumpaquatsch · · Score: 1

    WTF are you talking about. The iPhone was a copy of the LG Prada with a few differences

    A phone that was officially announced a week after the iPhone. And was immediately called an iPhone copy. . To be fair - they actually didn't look that much alike. As for the differences: One was an overpriced, underpowered fashion accessory, the other one the iPhone.

    --
    Of course news about a fake are Fake News.
  10. Re:The damages weren't enough by Plumpaquatsch · · Score: 1

    It was a 'design patent'. Not something about technology or production, but rather about looks

    IOW something that can be very easily be avoided to violate. Thanks for confirming Samsung is guilty as hell.

    --
    Of course news about a fake are Fake News.
  11. Re:Violence: Profitable for the conficted & ig by Plumpaquatsch · · Score: 1

    And Hillary and Obama destabilized Syria so they could build a pipline.

    Why would one destabilize a country to build anything? You are confusing the theme of your conspiracy theory: they supposedly did it to stop a pipeline.But I wonder how they managed to create the drought at the heart of the destabilization- back when Dubya was still PotUS. . Or how they forced Assad to gas his people.

    --
    Of course news about a fake are Fake News.
  12. Re:Just how much of the phone by Dan541 · · Score: 1

    Think of Samsung being the knock off Rolex watch of cellphones.

    Since when is the superior product a "Knock off"?

    --
    An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  13. Re:Just how much of the phone by Plumpaquatsch · · Score: 1

    Think of Samsung being the knock off Rolex watch of cellphones.

    Since when is the superior product a "Knock off"?

    Exactly. And that's why Samsung makes "Knock offs" - thanks for the confirmation.

    --
    Of course news about a fake are Fake News.
  14. Re: The damages weren't enough by Anonymous Coward · · Score: 1

    One was an overpriced, underpowered fashion accessory, the other one the iPhone.

    So they were the same after-all.

  15. Re:The damages weren't enough by Ranbot · · Score: 1

    It was a 'design patent'. Not something about technology or production, but rather about looks....the entire concept is total B.S. Gee, bevels in glass so it doesn't have the sharp edges. Corners on rectangles to they don't poke you when in your pocket. Total obvious garbage.

    The 1990's Nokia cell phones had beveled edges, should no one have ever been allowed to have a beveled edge on a phone afterward? Phones have certain functionality constraints that limit design possibilities which I think should be considered. I appreciate the patent and copyright systems to protect inventors, artists, and entrepreneurs, but we all know they are imperfect systems. IMHO, this Apple vs Samsung case has been counter to the spirit of the system and this saga should have ended long ago [I understand my opinion is worth nothing to most people].

  16. Re: The damages weren't enough by sjames · · Score: 1

    If it came one week later, it definitely wasn't a copy. It takes a lot longer than a week to design a smartphone.

  17. Re:Common Sense Ways to Protect America by Coren22 · · Score: 1

    I don't know, let me know when you come across a fascist police state.

    https://en.wikipedia.org/wiki/...
    https://en.wikipedia.org/wiki/...

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  18. Re:The damages weren't enough by Plumpaquatsch · · Score: 1

    What a completely idiotic troll. Apple phones have been looking more and more like Androids every generation, why is that?

    Because it's actually the other way around.

    --
    Of course news about a fake are Fake News.