Article: Samsung loses. Ordered to pay Apple $1 billion.

[ceredon]

You have an iPhone for your avatar, I would bet you would defend Apple regardless of any facts, info or details. Apple, when others do well, we don't innovate, we sue! If they had put the trial in South Korea, it probably would have been a landslide in Samsung's favor, you put the trial in an area 10 miles from Apple's HQ, in Apple's backyard, you pretty much guarantee Apple a win. What they SHOULD have done is put it in a neutral place, say the midwest, FAR from Apple or Samsung, I hope Samsung wins their appeal.

Trial in Korea split, but was slightly in Apple's favour. Samsung had as much input on jury selection as Apple did. A jury, partly selects by Samsung, disagrees with you. If the best you can muster is accusations of bias and the jury being loaded, that's sort of sad.

The reality is the jury, selected with Samsung, listened to the facts and saw Samsung documents (those that weren't admittedly deleted anyway), used common sense and came to a conclusion. You don't like that. Too bad. No one could objectively look at the Samsung phones in question and not immediately see they aped Apple.

[tcross8361]

I don't get what Samsung infringed on.

[jcalder]

0
You have an iPhone for your avatar, I would bet you would defend Apple regardless of any facts, info or details

You have a bunch of Samsung products listed as your "Phones", I bet you would defend Samsung regardless of any facts, info or details.

[jarrodpd]

They avoid paying billions in tax, employ workers in sweatshops and sue instead of innovating

Its kind of hard to avoid paying taxes when you're a number one company in general and sell millions of devices a year, and also the fact that our current government has to steal from the rich to feed the poor and keep the back door schemes active. You're going to criminalize Apple yet samsung and many other tech companies do the same thing by sending assembly jobs to third world countries. I don't know if you have read the tech sites lately but there is a report out the working conditions in Apple factories are improving, Can the same be said for other companies? I agree with what has been said in a previous post about rectangular phones with rounded edges has been around for years, I know we have yet to get to a point where we can defy physics and come up with new shapes. But the issue is that the front facia of the phone antagonizes Apple by kicking them in the face and "borrowing" what has been a hallmark of the iPhone since the very first model(long before the S line even had been thought of) the continuous top to bottom glass bezel which incorporates the earpiece home button and user input, so my opinion is that they have every right to sue for them copying the facia and what makes the device an Apple iPhone design wise.

[Drillbit]

Excuse me. Every Android manufacturer besides Samsung is bleeding to death?

1. Motorola's sequential quarterly sales of smartphones are actually up. Where Motorola is losing money is in the featurephones, which is the same reason LG and Nokia find themselves in.
2. HTC has reduced profits, but its not in the loss region.
3. LG's smartphone sales are also up, but like Motorola, featurephones are dragging the division down.
4. ZTE is certainly up, it has passed HTC into being the 4th place manufacturer.
5. Huawei is also up, pass the 5 million a quarter region. This is now a tight bunch between LG,
Sony and Huawei.
6. Lenovo is now No. 2 in China, behind ZTE. Apple and Nokia has dropped badly in the enormous Chinese market.

[ceredon]

Excuse me. Every Android manufacturer besides Samsung is bleeding to death?

1. Motorola's sequential quarterly sales of smartphones are actually up. Where Motorola is losing money is in the featurephones, which is the same reason LG and Nokia find themselves in.
2. HTC has reduced profits, but its not in the loss region.
3. LG's smartphone sales are also up, but like Motorola, featurephones are dragging the division down.
4. ZTE is certainly up, it has passed HTC into being the 4th place manufacturer.
5. Huawei is also up, pass the 5 million a quarter region. This is now a tight bunch between LG,
Sony and Huawei.
6. Lenovo is now No. 2 in China, behind ZTE. Apple and Nokia has dropped badly in the enormous Chinese market.

Motorola is laying off 4000 after 14 quarters of losses in the last 16. Sony is laying off 1000. LG is bailing on the Android tablet market. Samsung sold only 37k Android tablets in the US last quarter. The most successful Android tablets are sold at a loss (or close to cost), being the Kindle Fire and the Nexus 7. Samsung and Apple together are estimated to make up as much as 99% of mobile profits leaving effectively nothing to the others to fight over.

Whether one wants to acknowledge it or not, the advent of Android has not resulted in any real profitability for the manufacturers. One can lay the blame at feet of their other mobile ventures or just a generally poor business model or the race to the bottom of retail pricing strategies.

[dtong22]

Apple completely misses the 5" smartphone market resulting in Notes establishing the dominant force. Surely Apple cannot sue over 5" smartphone at all. If Apple allowed free or close to free use of its software, things will be different

http://www.geek.com/articles/mobile/...os-4-20120820/

With Notes and Lenovo (mainland China) I can see the market share of Apple can only go down like the repeat of Windows Machintosh fight

The future of tablet and smartphones are in 7" form factor and large 4+" respectively where Apple has not had time and resource (turn around time) even to participate

Daniel T O

[amylyn1970]

Someone on another forum suggested all Android users walk into an Apple store and report their phones aren't working properly. When the "genius" attended says "that's not an iphone" simply reply with "that's funny the rest of your company couldn't tell the difference."

I found that funny

Sent from my BlackBerry 9900 using Tapatalk

I am LMAO right now!! That's just too funny! I would love to actually do that. Man, if I only had an Apple store in my area.

[ceredon]

I am wondering if Apple will push for triple the damages, as appears to be an option. Hard to imagine a quarter of Samsung's 2011 operating profits being in play.

[mandrsn1]

I just have a hard time with the logistics of this jury decision--irrespective of the actual decision.

The jury had 700 questions they had to answer. The jury had over 100 pages of instructions (which they admitted were not read). They skipped looking at prior art because the patent-owning foreman "had patent experience" and "so we could go on faster [i]t was bogging us down."

Two and half days does not seem anywhere near enough time to properly make all the decisions they should have.

[joninator]

I just have a hard time with the logistics of this jury decision--irrespective of the actual decision.

The jury had 700 questions they had to answer. The jury had over 100 pages of instructions (which they admitted were not read). They skipped looking at prior art because the patent-owning foreman "had patent experience" and "so we could go on faster [i]t was bogging us down."

Two and half days does not seem anywhere near enough time to properly make all the decisions they should have.

Jurors admits ignoring evidence:

http://www.techdirt.com/articles/201...-factors.shtml

[GeminiIII]

dear mr woz, who is never likely to ever side with samsung against apple, had this to say. common sense at long last.

Woz on Apple's patent war with Samsung: “I don’t think the decision of California will hold. And I don’t agree with it.”

Steve Wozniak is not only the co-founder of Apple and one of the most important people sculpting the computer as it is today, he is an avid user of all new technologies. He’s been using all kinds of devices, not discriminating on the operating system and loving the new advancements in mobile, but while a lover of technology, there is one thing that Woz really hates.

If you guessed patents, you’d be absolutely right.

“I hate it,” Wozniak replied to a question about the patent war raging between Apple and Samsung. “I don’t think the decision of California will hold. And I don’t agree with it -- very small things I don’t really call that innovative.”

“I wish everybody would just agree to exchange all the patents and everybody can build the best forms they want to use everybody’s technologies,” Wozniak concluded. If there is one thing we love best about Wozniak, a man who’s become a symbol for the early days of computing, is the spirit of freedom and his true infatuation with innovation, and not just blind following of one company.

Wozniak also commented on the new iPhone 5 saying he hopes it takes better pictures and noting that in it Apple took some important steps.

“I am always excited about every iPhone product because there are always good advances,” Wozniak said in an interview. “A better quality on the pictures will mean a lot, because when I show people pictures on my iPhone 4 and my Galaxy S III, they always say the Galaxy S III, or even the Motorola Razr, pictures look better.”


Wozniak did reserve his final judgment for until he gets to actually use the iPhone 5 for some time. And that’s a reasonable thing to do. Do you share his opinion about the patent war and the new iPhone?

[ceredon]

dear mr woz, who is never likely to ever side with samsung against apple, had this to say

“I wish everybody would just agree to exchange all the patents and everybody can build the best forms they want to use everybody’s technologies,” Wozniak concluded. If there is one thing we love best about Wozniak, a man who’s become a symbol for the early days of computing, is the spirit of freedom and his true infatuation with innovation, and not just blind following of one company.

Let's just keep holding our breath. If google agrees to open up and give away all of their search patents, they just might be able to create a trend. Or Samsung, moto and HTC and be the trend setters and publish their patents for open use. Samsung has after all overtaken IBM as the global patent pig. That would make woz happy.

[GeminiIII]

that foreman was always a bit suspect in the eyes of the general public
http://www.bloomberg.com/news/2012-1...pple-case.html

Samsung Claims Jury Foreman Misconduct Tainted Apple Case

Apple Inc. (AAPL)’s billion-dollar trial victory in August was tainted by the jury foreman’s failure to disclose a lawsuit and his personal bankruptcy, Samsung Electronics Co. (005930) said in a request for dismissal of the verdict.

Samsung said foreman Velvin Hogan was asked during jury selection whether he’d been involved in lawsuits and didn’t tell the judge that he had filed for bankruptcy in 1993 and had been sued by his former employer, Seagate Technology Inc.

Samsung has a “substantial strategic relationship” with Seagate and the lawyer who filed the complaint against Hogan is married to an attorney who works for the firm that represented Samsung in the trial against Apple, the Suwon, South Korea-based company said in a filing yesterday in federal court in San Jose, California.

“Mr. Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore,” Samsung said in its request for a new trial. The company also said Hogan’s public statements after the verdict suggest he failed to answer the court’s questions truthfully to “secure a seat on the jury.”

The Aug. 24 verdict is part of a global fight for dominance in the $219 billion global smartphone market. The world’s two biggest makers of high-end phones have accused each other of copying designs and technology for mobile devices and are waging patent battles on four continents.

“It is very hard to get a jury verdict thrown out for juror misconduct,” Mark Lemley, a Stanford Law School professor, said in an e-mail. “If he truthfully answered the questions he was asked, Samsung will have a hard time proving bias.”
Denied Misconduct

Hogan, in a phone interview yesterday, denied that there was any misconduct, saying the court instructions for potential jurors required disclosure of any litigation they were involved in within the last 10 years -- and that the 1993 bankruptcy and related litigation involving Seagate fell well outside that time range.

“Had I been asked an open-ended question with no time constraint, of course I would’ve disclosed that,” Hogan said, referring to the bankruptcy and related litigation. “I’m willing to go in front of the judge to tell her that I had no intention of being on this jury, let alone withholding anything that would’ve allowed me to be excused.”

Hogan said once he was selected as a juror he “took it as an honor” because the suit was related to his job as an electrical engineer, which he’s done for almost 40 years.

“I answered every question the judge asked me” and Samsung “had every opportunity to question me,” Hogan said. He added that he’s surprised Samsung didn’t know about the history it’s now citing given the relationship the lawyer Samsung refers to in its filing has with another lawyer at Quinn Emanuel Urquhart & Sullivan LLP, the firm representing the company.
‘An Excuse’

Hogan said yesterday’s filing has him wondering whether Samsung “let me in the jury just to have an excuse for a new trial if it didn’t go in their favor.”

Susan Estrich, a Quinn Emanuel lawyer, wrote in an Oct. 1 filing that Apple demanded to know when Samsung’s lawyers learned of Seagate’s lawsuit involving Hogan. Samsung “did not know of Mr. Hogan’s undisclosed litigation against Seagate until after the verdict,” according to the filing.

Samsung said in a filing yesterday that Diane M. Doolittle, a partner in the Silicon Valley office of Quinn Emanuel, is married to Michael F. Grady, the attorney who filed the 1993 complaint against Hogan on behalf of Seagate. The lawsuit was a breach of contract claim over a loan Seagate said it to have made to Hogan for $25,000.

Kristin Huguet, a spokeswoman for Cupertino, California- based Apple, declined to comment on Samsung’s filing.

Adam Yates, a spokesman in the U.S. for Samsung, didn’t respond to an e-mail yesterday seeking comment on Hogan’s remarks.
Unanimous Verdict

The nine-member panel reached a unanimous verdict in three days of deliberations following the trial. The jury awarded Apple $1.05 billion after finding that Samsung infringed six of seven patents at issue. Apple is using the verdict to seek a permanent U.S. sales ban on eight Samsung smartphones and a tablet computer.

Hogan, who told the court he had served on three juries in civil cases, spent seven years working with lawyers to obtain his own patent covering “video compression software,” a hobby of his. He worked in the computer hard-drive industry for 35 years at companies including Memorex Corp., Colorado-based Storage Technology Corp. and Massachusetts-based Digital Equipment Corp.

Based in part on that experience, jurors elected him foreman, Hogan said in an interview in August. The only dissenting vote was his own, he said.

The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).

[Guest 252]

I just have a hard time with the logistics of this jury decision--irrespective of the actual decision.

The jury had 700 questions they had to answer. The jury had over 100 pages of instructions (which they admitted were not read). They skipped looking at prior art because the patent-owning foreman "had patent experience" and "so we could go on faster [i]t was bogging us down."

Two and half days does not seem anywhere near enough time to properly make all the decisions they should have.

Well thats what you get when the jury foreman has an axe to grind with Samsung's besty. If American courts are dumb enough to award those copy cats any money from Samsung, it would be fitting for all other coutries to also rig their jury and slam apple to the point where the US is the only place it can sell its faulty hardware.

Motorola, Google, Samsung etc etc need to slaughter the idea stealing, patent pig before it becomes the norm, or simply continue doing what they are recently doing... besting the iphones old technology and tired ideas.