“A U.S. jury on Monday left the total damages Samsung Electronics Co Ltd must pay Apple Inc unchanged at $119.6 million after additional deliberations in a trial where the South Korean smartphone maker was found to have infringed three Apple patents,” Dan Levine reports for Reuters.
Brief article here.
“The jurors had been asked to reconsider one product and one patent for which they found infringement but did not award damages,” Ina Fried reports or Re/code. “It took the jury a little over two hours to reallocate its damages award. The panel raised the amount owed for some products, but lowered the amount for others, basically leaving things where they stood initially.”
Fried reports, “Both sides are expected to appeal various parts of the case, including the verdict.”
Read more in the full article here.
MacDailyNews Take: You really want to punish Samsung, Tim? Go back in time and release an iPhone with a larger display when you should have – 20 months ago. (And while you’re back there, make enough iMacs for Christmas, okay? 😉 )
A decent portion of the shit sandwich Apple is currently being forced to eat came from their kitchen. A too-small 3.5″ to 4″ increase with a bunch of “one-handed operation” baloney plopped on top trying to cover the mistake.
Ah, well, better late than never: We’re looking forward to the kneecapping of South Korea’s slavish copier ASAP in 2014!
Related articles:
Apple v. Samsung case shows why the patent system has to change – May 3, 2014
Apple latest patent infringement win against Samsung, could be worth more than $360 million when finalized – May 3, 2014
Apple v. Samsung II damages breakdown revealed in jury verdict form – May 3, 2014
After seeking $2 billion, jury awards Apple just $120 million over Samsung’s infringement of two patents – May 2, 2014
Slap on the wrist: Samsung’s damages for infringing Apple’s patents equivalent to 16 days’ profit – January 25, 2014
Wow.
“We, the jury, find that patent XYZ is worth $50 million and patent ABC was infringed but not worth anything. But, upon further review, we find that patent XYZ is only worth $40 million, and patent ABC is worth $10 million. Now we got it right.”
Whatever.
What a joke. The jury made a mistake, and rather than fixing it, they … fudged the numbers!? That’s it?
What an absolute joke.
Trouble is its full of people who want cheap phones so forced to give a verdict based on fact they nullify it based on prejudice.
I think their antics are a big fat gift for Apple. Apple doesn’t have to allege the jury was a bunch of ass hats then try to prove it. The jury has documented it in public records.
Good point. Hopefully Apple will be able to use that.
Makes you want to think that this set of jurors have an anterior agenda…hmmm.
“Ulterior” lol auto correct
@jubei
anterior is more funny … and accurate in the end!
And heads might well be ‘interior’ as well, from an alimentary point of view
Indeed, very good hanajs
The view from a canal boat? hjs?
I had noticed that anatomical contortions and excretory functions were popular in constructing analogies to intelligence and judgement here at MDN. Having changed a few bedpans in my time, I thought I’d try my hand at such Chaucerian poetry.
Apple at this point should not appeal anything. It is obvious that neither the judge or juries understand anything about justice and what is right. Apple should instead focus on pounding the crap out of Samdung and Goofle in the marketplace and forget about finding justice in the US law system – it is at best an illusion.
Apple has the funds. Apple should continue to fight for as long as it takes. Why? Because if no one stands up to these thieving wholes, they will continue to practice their sleazy ways and no one will stop them. It’s up to Apple to fight on.
Samsung a history of copying, stealing, illegal business practices
http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war
I agree. Tim Cook should take a piece of the cash horde and call Apple’s lawyers and PR reps and tell them to make Samsung’s life miserable but “don’t bother me.” Then Cook should focus on doing what Samsung is unable to do: create the next big thing, over and over again. Samsung shouldn’t get away with the biggest robbery in history but Apple’s executives shouldn’t be distracted either — they should focus on creativity and great new products that leapfrog the illegal copyists.
Exactly! Keep dragging them to court and making their lives much more complicated.
The jury fell for Samsungs expert lawyers in devaluating the patents. Which was their plan and these guys are really slick. The jury fell for it hook line and STINKER!
I think they waited too long and should have went after Google the day the first Android phone hit the market a few months after the first iPhone. They waited years before doing anything and now the Android system is too large and is the norm now.
Should have “gone.”
Apple really can’t go after Google because Google isn’t making money off of Android. It gives Android away for free, so Apple’s damages are zero. I know it sounds backwards, but Samsung is the entity using Google’s software to make money by infringing on Apple’s patents in the smartphone arena (although Google is selling its Nexus phone too).
Samsung is the biggest fish, and if Samsung falls, Apple can leverage those judgments against the likes of LG, Motorola, etc.
It doesn’t matter, and it will never matter until Apple can seat a jury if its PEERS. I am reasonably certain that none of the jurors had any idea of the tech, or the marketing, or value of the tech involved in this case. Not to mention the fact that most of the jurors were probably Samsung customers. So Apples’s only recourse is to continue pounding the crap out of Samsung and their ilk with profit margin.
Your definition of “peers” is way out of whack.
Jury got it right this time. No Apple share holders in the mix or maybe people in the USA finally agree that Apples patients are mostly rubbish and don’t believe anyone should have the ownership of a rectangle device with rounded corners. Then again, its only the states that are truly IPhone mad these days, the other 87% of the world learnt long ago theres much better devices on the market at a much cheaper price that do a whole lot more and cost peanuts to run.
So basically you can steal my property if you think I charge too much. Right? So if your landlord is charging more rent than you think is fair you can just squat. If your car costs more than you want to pay then just steal it. That’ll teach-em. Great!
This case had nothing to do with a rectangular device with rounded corners.
Thanks for playing. Try reading next time.
Here is what I wrote the other day:
“Adding all the various jury awards from the previous trials etc Apple has made over a billion dollars from Samsung (1st trail was : 639 + 290 million for a total of 929 million).
to put that into context: Amazon last quarter made about 100 m and Netflix 50 m. in profits.
Plus as people has said Apple has spent tens on millions on lawyers SO HAS SAMSUNG! Apple has at least recovered it’s lawyers fees and more. Samsung has to ADD the lawyers fees to it’s billion dollar plus loss.
No other Android maker on the planet can afford that kind of loss to Apple, (Samsung and Apple make up near 100% of the profit of smartphone world because the other manufacturers make little or lose money) so nobody else will try to infringe as Apple has shown it is willing to go all the way . HTC knowing it can’t fight has already signed deals with Apple and pays apple royalties.
So effectively Apple has put the Kaboosh on Android infringers it is concerned with: i.e the HIGH END phones. the little cheap Android flip phone makers that is not in Apple’s market, apple is less concerned with BUT who knows where apple will focus on next! It has put the fear of God into infringers, who can afford hundreds of millions in lawyers fees or possible multi million dollar jury awards ? (HTC has lost money in the last three quarters, Motorola now sold has lost money for years, Apple just made 10.2 billion – that’s ten thousand million – in profit — that’s net after expenses — last quarter alone. Apple can play the lawyer game all day long… ).
The really long term disaster for Samsung is that because Copying and Stealing is in it’s DNA, it can’t INNOVATE anymore! look at the horrible Samsung Stupid Watch! and when it doesn’t copy apple exactly like it’s new S5 fingerprint sensor it DOES NOT WORK! lol. Samsung is so bad at innovation that without apple showing it the way, it uses Qualcomm processors in it’s own top of the line phone the S5 (so Samsung’s top phone has a processor Snapdragon by qualcomm, an OS Stolen by Google via Android and a body stolen from Apple . So Samsung innovated what in the S5? LOL. Samsung can only do good work when it is masterminded by Apple like apple telling it how to build the A series chips. )
and none of the other high end android makers who don’t copy Apple’s designs exactly (like HTC) make any money.
Also All people outside the tech world gets is that Samsung is losing patent trial after patent trial (the first one was divided into 2 trials. so this really the third in the USA it’s lost. ) So the IMAGE Samsung is putting out is that it’s a Copycat! Even the so called Apple ‘flop’ the iPhone 5C (i.e a repackaged iPhone 5) OUTSOLD THE Galaxy S4!! Even Samsung’s designers, managers etc must be demoralized …. (samsung shareholders were very angry last two quarters complaining about the absurd amounts Samsung had to spend on marketing — 4 times apple’s — to push their stuff and the bonuses they had to pay to staff…. )
=====
It’s weird that Dumddroids are HAPPY THEY ARE GETTING KNOCKOFFS!! It’s like Apple users got a REAL Rembrandt oil painting and Dumddroids are happy they got A PHOTOCOPY of the painting and PAID ABOUT THE SAME PRICE! (a top of the line android knockoff costs about the same as an iPhone). Think about it: two of them paid the same money, one guy got the real Rembrandt they other is jumping happy he got a photocopy!! Samsung is shaking their heads at the stupidity of their customers and laughing.
Samsung’s MAIN ARGUMENT in the trial was that nobody bought their phones because they were good (the features they copied were mediocre their executives claimed and aren’t worth much … but they STILL used them instead of designing something better! ) they said they sold a lot not due to features or quality BUT due to MARKETING (executive after executive made the claiming trotting out marketing emails and ads like the Super Bowl ad etc to prove it). i.e they are saying their phones suck but they can B.S the idiots who buy them with lots of Advertising spending 4 times Apple! They are so confident of the stupidity level of their customers that they dared to use that argument in court as they knew the dumddroids would never figure out how insulting to their customers the argument is …. LOL.
Bravo!!!
Great take MDN the biggest fear I have for Apple is based on their arrogance in seeing how markets are developing or refusing to recognise it because of their maximum profit from minimum product range mantra. Not only the refusal to broaden the iPhone range but also the delay in producing the iPad mini and the refusal to redefine music streaming because no one apparently wanted it. Learn and change your attitude in future Apple or you are going to look anything but the leader in future.
The jury is a complete JOKE !
Eventually samdungs butt shall be kicked!
Distribute at will
perhaps it would help if people read the list of patents and determinations (courtesy of Alex Veiga, AP):
“… a California jury found that Samsung copied some of Apple’s smartphone features. The panel also concluded that Apple illegally used one of Samsung’s patents in creating the iPhone 4 and 5.
All told, the jury awarded Samsung $158,400 and Apple $119 million, far less than the $2.2 billion the company sought.
Jurors were ordered to return to court Monday to continue deliberations on a minor matter that could result in a higher award for Apple.
Before determining whether the companies copied phone technologies, jurors had to consider several patents. Here’s a look at select patents and the jury’s conclusions:
Patent 5,946,647
—Official description: System and method for performing an action on a structure in computer-generated data.
—What it really means: In a mobile device, the technology described in this patent is used to display a pop-up menu of options. One example: When you highlight a phone number on the touchscreen and the software gives you a prompt of options.
—The jury’s verdict: The jury found that Apple proved Samsung infringed on the patent across several mobile devices, including the Galaxy Nexus, Galaxy S III and Stratosphere.
Patent 6,847,959
—Official description: Universal interface for retrieval of information in a computer system.
—What it really means: This patent covers a process that’s similar to the function of a search engine. It enables the mobile device to access information from a variety of locations, while only listing relevant data for the user.
One of the features in the patent is a graphic interface showing a “Go-To” menu option in a text input window.
—The jury’s verdict: Apple failed to prove Samsung infringed on this patent.
Patent 7,761,414
—Official description: Asynchronous data synchronization among devices.
—What it really means: This patent involves a way to synchronize data across computers and mobile devices. In the case of a smartphone, this could apply to synchronizing address books on your phone with online storage.
—The jury’s verdict: Samsung did not infringe on Apple’s patent.
Patent 8,046,721
—Official description: Unlocking a device by performing gestures on an unlock image.
What it really means: This patent refers to a way of controlling an electronic device with a touch-sensitive display. Specifically, Apple claimed Samsung infringed on a feature of the patent that describes the swipe-and-unlock feature on iPhones.
—The jury’s verdict: Apple made its case that certain Samsung devices, including the Admire, Stratosphere and Galaxy Nexus violated patents. But the panel rejected claims pertaining to Samsung’s Galaxy S II, Galaxy S II Epic 4G Touch and Galaxy S II Skyrocket.
Patent 5,579,239
—Official description: Remote video transmission system.
—What it really means: Samsung’s patent describes a system for digitizing, compressing and transmitting audio and visual signals and then reversing the process for broadcast.
The jury’s verdict: Apple did not infringe on a section of Samsung’s patent that covers transmitting video in real time over a cellular frequency.
Patent 6,226,449
—Official description: Apparatus for recording and reproducing digital image and speech.
—What it really means: This Samsung patent refers to the kind of dual digital camera that’s become standard in many smartphones. As described in the patent, the user is able to change the direction of the camera.
The jury’s decision: Apple infringed on Samsung’s patent on several versions of the iPhone and iPod Touch.”
Exactly. This lawsuit was never about Samsung’s general pattern of copying Apple’s look and feel, trade dress, trademarks, copyrights, or other patents. It was about whether certain specific models violated a few specific patents. The jury said yes. Apple won.
The damages due in this suit represent just Apple’s losses for these specific violations. In essence, how much more money would Apple have made if Samsung had been selling otherwise identical phones that didn’t infringe these patents. The answer the jury came up with was almost $120MM. That is quite a lot of money given the limited range of discretion they were given.
And Samsung’s patents were standards essential FRAND patents. Apple’s were not. The jury obviously did not understand the difference. Apple never wanted to, nor intended to license it’s patents to anyone. Apple’s patents are not FRAND patents to be licensed at “fair and reasonable” rates. There should be a mistrial.
Hahaha, Steve Jobs would be sooo proud. What goes around comes around and Apple’s time has come!
Feel better now? Ok now go to your room, and no TV for you tonight. Oh, make sure you use the potty before going to bed. Nite nite.
Apple should appeal for this one statement alone. The Bozo from Big Blue had this to say: “About the $2B, I’m not going to argue with them that it’s not fair, but we came to a different conclusion,” he said. “We came up with a different ‘fair and reasonable'” royalty rate.
Hear that? He came up with a “fair and reasonable royalty rate”. His job is not to license out Apples technology! The REASON apple is in court is because Apple is NOT willing to license their technology. They want damages from Samsung for wilfully STEALING their technology. Who is he to license it out at a “fair and reasonable rate” as if Apples patents were SEP?
This should be reason alone for a new trial! Come on Apple!!!
There is no way to measure Apple’s damages except to estimate the difference between the money they actually made and the amount they would have made if Samsung hadn’t infringed these patents. In a free market with willing buyers and sellers, that is going to be pretty close to the fair market value of the royalty rights. With a finding of willful infringement, Apple may collect punitive damages that could triple the total recovery, but the jury was only asked to determine the actual economic damages.
No, they WERE asked to determine willfulness. They found only one willful.
Read a very interesting article about Samsung way of doing business:
http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war.print