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Samsung Must Pay Apple $539 Million For Infringing iPhone Design Patents, Jury Finds (cnet.com)
Samsung must pay Apple $539 million for infringing five patents with Android phones it sold in 2010 and 2011, a jury has found in a legal fight that dates back seven years. "The unanimous decision, in the U.S. District Court in San Jose in the heart of Silicon Valley, is just about halfway between what the two largest mobile phone makers had sought in a high-profile case that reaches back to 2011," reports CNET. From the report: The bulk of the damages payment, $533,316,606, was for infringing three Apple design patents. The remaining $5,325,050 was for infringing two utility patents. Samsung already had been found to infringe the patents, but this trial determined some of the damages. The jury's rationale isn't clear, but the figure is high enough to help cement the importance of design patents in the tech industry. Even though they only describe cosmetic elements of a product, they clearly can have a lot of value.
Samsung showed its displeasure and indicated the fight isn't over. "Today's decision flies in the face of a unanimous Supreme Court ruling in favor of Samsung on the scope of design patent damages. We will consider all options to obtain an outcome that does not hinder creativity and fair competition for all companies and consumers," Samsung said.
Samsung showed its displeasure and indicated the fight isn't over. "Today's decision flies in the face of a unanimous Supreme Court ruling in favor of Samsung on the scope of design patent damages. We will consider all options to obtain an outcome that does not hinder creativity and fair competition for all companies and consumers," Samsung said.
Pay up cheaters
What'd they expect?
Apple's basically going to make them fight this one all the way up the chain.
Chas - The one, the only.
THANK GOD!!!
When my kid pokes his eye out with your phone corners, I'm planning on suing Apple for forcing other phone makers to make sharp corners.
Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
These kind of wins are more like a the win of a round than the competition. Samsung will find someway to fight this again.
The real winner is the lawyers as usual.
You can't handle the truth! - Because I don't post left all my comments get modded down, bye bye Karma.
Just wait, I'm going to patent a smartphone with sharp corners and then sue everyone who isn't using round corners! ;)
How about you patenting a shuriken smartphone, that you can toss at folks who are annoying you . . . ?
I'm sure that folks who already have a brass knuckles smartphone would buy your shuriken sharpphone:
https://www.google.com/search?...
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
Apple has a quarter-trillion dollars in cash and investments. They might have an extra 0.5 billion dollars in the couch cushions.
I'd like Samsung to ask Apple how it looks and feels today with sosumi on loop playing softly in the background...
Just wait, I'm going to patent a smartphone with sharp corners and then sue everyone who isn't using round corners! ;)
Rethink this. You'll end up with a documented record of assets to litigate for by the class action suit filed by men who cut their wieners off when putting your phone in their pockets.
Think circle-phone. Circles never hurt anyone. Except nooses. Avoid nooses.
I have observed (tech, pharma, oil, steel, agri..) American courts are favouring home companies with govt too eager to support cases. Fair trade rules are becoming a myth in land of freedom.
Juche. Go full Korean. Clamshell all the way.
Domestic spying is now "Benign Information Gathering"
What country is 'our' country? Do you mean Apple's home country? That's Ireland, isn't it?
samsung android phones are garbage anyway. zero software quality and their UI sucks ass.
The same can be said about courts in other countries. They usual favor companies from their own back yard.
But if you want to know how badly Samsung copied the iPhone take a look at the multiple times Apple won against Samsung in South Korea.
Samsung is known for cloning everything and they don't even try to hide it. Just ask LG .... every time they build something new, Samsung would clone it and sell it with plastic parts. Ever wonder why Samsung's (garbage) washer and dryers look almost identical to LG's top of the line versions?
Now!
Is Samsung for real? How is straight up copying being creative?
Interest?
For some unknown reason, probably dating back to the creation of the USPTO, in the United States an Industrial Design (a form of IP) is, uniquely, referred to as a Design "Patent", even though it's not a patent but instead describes some aspect of a product or item's appearance. For example if you try to copy a Ferrari you will be infringing on the Industrial Design (Design Patent in the US), not on some functional mechanism.
One rather famous Design Patent is for the Q-Ray Bracelet, which covers the shape of the bracelet itself, but in advertising it's implied that there is a "Patent" on it's function as a healing device. There isn't.
Every other nation on Earth refers to this form of IP as a (registered) Industrial Design.
Naw thats just where they are hiding 17B in unpaid taxes.
Well, Samsung copied the phone design, the UI and even the box it shipped in. They also debated it in internal emails.
Now, in a court of law you can't just stand up with a phone in each hand and say "look how alike they are, your Honor, what do you think?", instead you have to argue in great detail for each individual bit, such as corner shape/radius, button shape or feel, individual icons, etc. etc.. and then finally bring it to a conclusion. Thus, out of context we end up with the silly rounded corner debacle while the real case covered a lot more ground.
Apple infringes Samsungs patents Obama made them useless
US Court is Biased
to pay VirneTx for the tech apple stole from them. Or the University of Wisconsin for the CPU tech apple stole from them.
We all know rounded corner are state of the art for apple the rest of their stuff they just steal from other companies.
Just wait, I'm going to patent a smartphone with sharp corners and then sue everyone who isn't using round corners! ;)
Um, they also infringed upon Utility Patents.
What's that got to do with corner radii?
Samsung needs to up its game and stop shamelessly copying. Apple's way of doing things isn't the only option – we need some new life in the marketplace.
Well, Samsung copied the phone design, the UI and even the box it shipped in. They also debated it in internal emails.
Now, in a court of law you can't just stand up with a phone in each hand and say "look how alike they are, your Honor, what do you think?", instead you have to argue in great detail for each individual bit, such as corner shape/radius, button shape or feel, individual icons, etc. etc.. and then finally bring it to a conclusion. Thus, out of context we end up with the silly rounded corner debacle while the real case covered a lot more ground.
Not to mention the Utility Patent infringements; which have nothing to do with rounded corners. All the Haters are conveeeeeniently glossing over THOSE issues... Wonder why?
ok so everyone stop, that's right, the 8 million of the judgement is legit, it is only the measly 533 million you are complaining about.
Yet the rounded corners jokes will make apple look like the massive douches they are.
...and the Haters' willful blindness and fraudulent concealment of the two Utility Patent infringements will make the Haters look like the massive, lying douches that they are...
Now what, COWARD???
Not really a bad outcome for Samsung. Such a ridiculously excessive amount for rounded corners when a lower amount was already overturned by a supreme court pretty much guarantees Samsung will easily overturn this ruling.
Correct and this is actually an acceptable time for the swastika troll to come by and post it's NAZI PROPAGANDA.
you are making some huge claims, I am not disputing, asking just to increase my knowledge, can you give me proof as to which other countries extort 100+ million dollars over look and button placement?
Um, they also infringed upon Utility Patents.
What's that got to do with corner radii?
less than 1% of the total payment?
In other words, if it was less than 6 mill payout for some utility patents, Samsung couldn't care less. But that's not the bulk of the payout, not even close.
in their home countries, where the courts will side with them, just like American courts side with Apple.
Apple didn't invent shit for years. They just take the current good and great ideas and put into their own package.
Arguing that rectangles with rounded corners is a genuine invention is a special kind of dishonesty only seen with Americans, and it should be met with a barrage of court cases to put an end to it once and for all.
Or put a big trade embargo on Apple, to make it clear that American protectionism will only hurt yourselves.
So what are the two utility patents that are infringed?
All the Haters are conveeeeeniently glossing over THOSE issues... Wonder why?
Because when you bring shit to court, skip the bullshit.
If you make two legit statements and one that is out in the wild, of course I will focus on the one that is wrong.
You don't get a free pass at sneaking in crap just because you made a legit claim before it.
That Samsung copied Apple is no longer in dispute. The court has ruled that they did on these 3 design patents and 2 utility patents (I don't remember how many patents Apple originally claimed they had infringed) and Samsung has already exhausted or given up its appeals on that. The question now is how much is Apple entitled to for that infringement. For the two utility patents, there seems to be no dispute that $5M is the right ballpark, but for the 3 design patents - 1. a shiny blank rounded rectangle front face, 2. A tapered bezel, speaker hole and button, 3. a grid of icons on a screen (one of 139 screenshots in the design patent at issue) - the amount of $539M (Samsung's profit on the disputed products was $399M) is a bit ridiculous. Samsung actually prevailed in this case in getting the first two patents limited to the portion of the phone that was included in the design patent, not the whole phone, but somehow this jury came up with a bigger figure than the previous amount that was based on the whole phone infringing. And apparently since they can't see where the software physically applies to, the icons are still judged to apply to the whole phone (Samsung was trying to argue that only the display should be included).
In other countries process/people are good enough not to allow round corners, camera placement, notch, icons, size to be patented and sue others. They are not innovations.
Having 100 pharma patents around one medicine is business helped by Murican patent system...grow up stop wining big brother..
The German manufacturer, Braun might like a word if it still had an independent existence. Dieter Rams their industrial designer was an inspiration to Jony Ive and in particular the rectangular device and display with rounded edges. If you have a display with rounded edges, then rounded icons are a an obvious extension.
Especially as I could find prior art for ALL of Apple's claim. Except perhaps the claim of providing only a single button. But even then, gee....I mean yes, Macs for years had only one button. It was annoying then, and it's annoying now..
Trump is a hero. People like you will be purged.
I dont know, but im sure they copied them from blackberry.
The damages for the two utility infringements haven't been awarded and are not the subject of the conversation. The news here is that the courts overruled a 300 million USD damage award, saying it was too much, and the jury came back with a 500 million USD damage award.
> a jury has found in a legal fight that dates back seven years "The unanimous decision, in the U.S. District Court in San Jose in the heart of Silicon Valley
What a load of bullshit. Patents reek of ass juice and a Jury in the middle of Appleland gee what a shock! I bet a Korean jury would deliver a very different decision but I will bet any fair jury and court would deliver a different decision. Fuck patents.
Please dont bring the truth to the blind apple cultist here. They are allergic to the truth.
LOL remember the time apple tried to patent rounded corners in a rectangle. Man they had the COURAGE to tell people they where HOLDING IT WRONG.
FUCK apple ; they are just a company full of assholes.
Remember when apple tried to make the one button mouse a thing; man that was stupid too.
Did apple patent that or where not of mouse makers stupid enough to claim two buttons was too confusing for people.
Man apple is dumb arnt they?
He has no idea. He is just a ignorant blind apple follower parroting what he heard other say.
they need to start suing schools again for using an apple in their logo. God knows how apple deserves millions for that too.
apple should go thermonuclear on schools.
better sleep with one eye open. apple is coming for you next.
I have observed (tech, pharma, oil, steel, agri..) American courts are favouring home companies with govt too eager to support cases. Fair trade rules are becoming a myth in land of freedom.
I have observed that American juries don't like companies who keep objecting to verdicts abd force a retrial in the hope that the winner will lose interest and they will get away scot-free. I'm not the only one who has observed that Samsung used that tactic for decades.
Of course news about a fake are Fake News.
The Supreme Court ruling was actually in favor of Samsung, and it was 8-0.
The question before the Court was how damages were determined. The jury had not read the jury instructions and in fact violated those instructions in multiple ways. Samsung asked for a retrial and SCOTUS unanimously agreed the $1 billion award in favor of Apple was arrived at improperly and reversed. In other words, Samsung won 100% at the Supreme Court.
The damages for the two utility infringements haven't been awarded and are not the subject of the conversation. The news here is that the courts overruled a 300 million USD damage award, saying it was too much, and the jury came back with a 500 million USD damage award.
Errm, the supreme court didn't say the ruling was to high, they said " whether, in the case of a multicomponent product, the relevant 'article of manufacture' must always be the end product sold to the consumer or whether it can also be a component of that product."" - the jury decided the part of the product Samsung copied was worth only halve of of what Apple claimed. Too bad it was a little more than Samsung wanted to pay based on the price of plastic they used.
So Samsung should get over it that Apple lost, and stop being the sour winner.
Of course news about a fake are Fake News.
The Supreme Court ruling was actually in favor of Samsung, and it was 8-0.
Yes, the Supreme Court ruling validated his allegations - Samsung violated Aplpe's design patents. Stop pretending.
Of course news about a fake are Fake News.
The Supreme Court ruling was actually in favor of Samsung, and it was 8-0.
Yes, the Supreme Court ruling validated his allegations - Samsung violated Aplpe's design patents. Stop pretending.
Did the ruling say anything at all about whether or not Samsung's phones were infringing? I haven't read the ruling, but typically, the Supreme Court rules only on exactly what the appellant asks them to rule on. If Samsung only appealed how damages were determined, then that's all that the Supreme Court would address. They wouldn't say anything about infringement either way.
Um, they also infringed upon Utility Patents.
What's that got to do with corner radii?
less than 1% of the total payment?
In other words, if it was less than 6 mill payout for some utility patents, Samsung couldn't care less. But that's not the bulk of the payout, not even close.
I don't know how much you know about the American Civil Justice System; but, in our Civil Courts, Determination of Liability (that is, who was wrong, and who was right) is COMPLETELY SEPARATE from Determination of Damages (what "relief" is awarded because of the LIABILITY Determination).
There are MANY lawsuits in which the ONLY "Award" is an INJUNCTION (to get the Liable party to stop doing whatever they were doing).
Does that make the Verdict any less "important"?
The answer is "No".
Stupid Hater. GTFO.
Apple believes it can demand near suicidal production of iphones and ipads from Asians,
but refuses them their basic right to innovate and compete.
Samsung and other compqnies make most of the hardware.
If Apple wants to safeguard its profits, they should move all manufacturing to USA.
AMERICA FIRST
The Supreme Court, and appeals courts generally, don't even rule on facts at all. There is no testimony at the Supreme Court, so they would have no basis on which to judge the facts.
SCOTUS couldn't rule that Samsung in fact violated the patents, that's for the trier of fact (the trial court) to decide, based in testimony and other evidence. What SCOTUS rules on is whether the process uses in the lower was legal. Scotus ruled that the trial was not lawful and ordered a new trial, this time following the law, as Samsung requested.
All designs are the sum of their individual elements. The thing is, when you hold up item A and item B and you can't tell them apart, it starts to become fairly obvious that one copied the other. Especially when internal memos back up those claims.
Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
Honestly dont see how a box shape for a cellphone wouldn't be obvious. but as my subject line says.....
Jack of all trades,master of none
That's not exactly correct. The supreme court didn't rule that Samsung had not infringed. Every court that has made a ruling on whether Samsung actually infringed has said that, and even Samsung is itself is backing down and wanting to settle the case, just not for as much as Apple is asking for.
Samsung isn't even fighting the patents... Just the amount of damages.
Samsung had argued a $28 million penalty was an appropriate penalty for infringing three Apple design patents
Samsung didn't fight Apple's suggested $5.3 million penalty for infringing two utility patents.
The AC is either blind, or a troll. Even Samsung knows it's guilty.
instead you have to argue in great detail for each individual bit, such as corner shape/radius, button shape or feel, individual icons, etc. etc..
If you think that icons deserve patent protection, you might be a redneck..um..troll. Given your user ID, I assume that you worked for Xerox PARC in the 1970s.
> I haven't read the ruling, but typically, the Supreme Court rules only on exactly what the appellant asks them to rule on.
No need to even read it. As an appellate court, SCOTUS doesn't have witnesses and doesn't examine evidence, so they wouldn't have anything on which to decide facts, such as if Samsung did in fact infringe. Appellate courts rule on matters of law. By law, the award for Apple is unlawful.
SCOTUS has original jurisdiction and decides facts only when one state is suing another, or cases involving foreign ambassadors and consuls.
The Supreme Court ruling was actually in favor of Samsung, and it was 8-0.
Yes, the Supreme Court ruling validated his allegations - Samsung violated Aplpe's design patents. Stop pretending.
Did the ruling say anything at all about whether or not Samsung's phones were infringing? I haven't read the ruling, but typically, the Supreme Court rules only on exactly what the appellant asks them to rule on. If Samsung only appealed how damages were determined, then that's all that the Supreme Court would address. They wouldn't say anything about infringement either way.
Ahh, so it wasn't the Supreme Court ruling that Samsung violated Apple's design patents, it was the Supreme Court ruling on Samsung's appellation which itself confirmed they needed to pay for violating Apple's design patent.
Sorry for implying it wasn't Samsung itself admitting they were guilty by going to SCOTUS in the first place.
Of course news about a fake are Fake News.
So many times people thought my BlackBerry Z10 and Z30 were iPhones. That's not completely on the user for being uninformed, that's a whole bunch of people thinking any/all smartphones are Apple, because, you know, Apple invented smartphones.