Apple v. Samsung jury: Google email iced it for Apple

“Jurors who awarded Apple Inc. more than $1 billion in its intellectual-property battle with Samsung Electronics Co. relied on e-mails describing Google Inc.’s influence to arrive at their decision,” Joel Rosenblatt, Karen Gullo and Douglas MacMillan report for Bloomberg.

“Velvin Hogan, foreman of the nine-member panel, said yesterday in an interview that jurors went through a ‘meticulous’ process of determining that Samsung infringed Apple’s products. When it came time to determine whether the infringement was ‘willful,’ or intentional, ‘we knew where we had to go in the evidence,’ Hogan said, referring to the e- mails,” Rosenblatt, Gullo and MacMillan report. “The e-mails included an internal 2010 Samsung message describing how Google asked it to change the design of its products to look less like Apple’s.”

Rosenblatt, Gullo and MacMillan report, “The jury’s finding that the infringement was intentional allows U.S. District Judge Lucy Koh in San Jose, California, to triple the damages next month when she considers Apple’s request to bar sales of some Samsung products. ‘Certain actors at the highest level at Samsung Electronics Co.gave orders to the sub-entities to actually copy,’ Hogan said. ‘So the whole thing hinges on whether you think Samsung was actually copying. The thing that did it for us was when we saw the memo from Google telling Samsung to back away from the Apple design. The entity that had to do that actually didn’t back away,’ said the 67-year-old San Jose resident.”

Read more in the full article here.

Related articles:
Tim Cook memo to Apple employees: Court victory over Samsung ‘is about values’ – August 26, 2012
Jury finds Samsung willfully violated Apple patents – August 24, 2012


        1. Like auren, *I* care. Three simple and common errors don’t just drive us nuts, but detract from the writer’s message:
          your vs. you’re
          its vs. it’s
          their vs. there

            1. I learned it in third grade, as well. I always try my best to use proper grammar, but when I said, “who cares about grammar,” i probably should have explained that it just means I don’t flip out at people…

              Sure it drives me nuts, and I really like that you corrected yourself. +1000 for that. But I wouldn’t ever flip out at someone for it.

              Raymond, you’re very correct. It does detract from their message. But I tend it just ignore it. What I’m really afraid of is that these grammatical inaccuracies will become a part of accepted language. That’ll be the day I lose my sanity.

            2. Uh, nobody’s losing his sanity over any of this, dinjin. It’s all a matter of “writer-based prose” vs. “reader-based prose.” If one forces his reader to all the work in trying to decipher a statement or position, why even bother writing it? And, how can one ignore (in toto) sloppy, confusing, imprecise postings . . . and still give the poster his due? Would a normal consumer buy a tuxedo from a guy in worn cutoffs, ragged T-shirt, tire-tread sandals, and a first-grade ability to speak? I don’t think so . . . and neither do a great many other people.

          1. Here, it was just a typo that C3PO caught and corrected. We’ve all done that. And we’ve all wanted to be able to EDIT OUR MDN posts when we belatedly caught a grammar, spelling, or other error. I think people need to be patient with those kind of things here. It may not always be intentional or a lack of grammatical proficiency.

        2. Having once been an ad agency chief copywriter, I know there’s are valid casual and edgy styles, but even with those, there’s no excuse to garbage the language. I may be the last person left who cares about the lie/lay thing.

            1. It is actually a lot harder still with European languages.

              And….some of us here are not Americans. Or other native English speakers / writers. While attention to grammar surely is important, it would also help to not be so ignorant of the international audience we have here on MDN. The very fact that some automatically presume laziness and stupidity, it may sometimes just be one of your international fellow Mac lovers and thus a family member 🙂

              Have a great day everyone, literates and illiterates, we are all privileged for we are able to read and comment freely online!

  1. Well it looks like the jury was not fooled. It sure is hilarious reading articles from other sites and their slant on the trial. The best one I have seen so far goes on about Nokia and Microsoft, how they don’t have to worry about their phone combo getting sued by apple.

    I guess it will go through some appeals but nonetheless this will keep everyone one their patent tolls.

  2. In my own brief experience with corporate lawsuits, I expect Samsung’s attorneys will put the best face on the loss to keep the gravy train rolling. Both sets of attorneys built news houses in the San Francisco area in the lawsuit I experienced. They will want Samsung to go full bore on appeal. My advice to Samsung is fire the lawyers, go back to the drawing board, and come up with your own designs. Or team up with Microsoft.

  3. People can have whatever slant on other sites they want to have, none of it matters now that Samsung has been nailed in court.

    I’m a user of both Apple and Google’s platforms and enjoy both for different reasons. I have long thought Samsung was copying as much of the iPhone and iPad as possible.

    I know a few hardcore Android fans who even thought what Samsung was doing was wrong, hell Google even thought what Samsung was doing was wrong as evident in their emails to Samsung.

    The most disturbing aspect of Samsung copying Apple is that Samsung is a key Apple partner and likely had inside information on Apple products.

    Sammy deserves the loss and the fines/penalties etc. etc. that is coming their way.

  4. Your (not you’re) “hardcore Android fans” who thought this wasn’t wrong are plain idiots and probably grew up on MTV like most people who make these kind of stupid statements. They probably got caught up in the “yes we can” bullshit of Obama’s empty promises too. This was obviously wrong and you should find more intelligent acquaintances!

    1. Political: the only thing that Obama can be faulted for is thinking that he could govern the country together with the tea baggers who currently run the Party of No, aka the Republicans. The utter hypocrisy of the right – wing extremists that control the GOP to blame Obama for everything is mind boggling. Throw the right-wing media machine into the mix (Fox News, conservative dominated talk radio, etc.) and a largely ignorant public and you have the recipe for disaster. History shows us what happens when right-wing extremists take over a major political party and get a hold of power, and I hope to God that America does not go down that road.

      Non-political: I’m seriously hoping that as more info about the jury deliberations comes out, people will see Samsung (google by proxy) for what they really are, and act accordingly; with their wallets.

      1. Political: For every Fox News/conservative talk radio, there is a Chris Matthews, Rachel Maddow or a Keith Olberman.

        Non-political: I’d like to hear the grounds for appeal … what would be the legal grounds, where is the mistake of law that would allow the appeal …. incompetence of the Samsung lawyers won’t fly.

        1. Perhaps, but how many people really pay attention to the rankings of the far left nutcases? Now consider how many people listen to the far right nutcases. That is where the danger resides.

          Moderation is generally preferable. This country has thrived during more moderate administrations. By modern terms, the revered Ronald Reagan was rather moderate.

      2. Obama is certainly not the worst president we have ever had but it’s lunacy to blame his failings on the Republican party. He did preside over the death of Bin Laden and kudos for that. His only major legislation was a medical bill so terrible that only one party voted for it, no one read it, and it makes insurance companies happy and doctors hate it.

        Quick poll, do this yourself so you can’t blame me for any bias: ask as many doctors as you can what they think of Obamas health care legislation.

        I don’t trust either party but I’d trust conservatives more than I trust liberals. I know both from my pool of friends and family and as a rational being its often hard to stomach much of the nonsense I see come from my more liberal friends and family.

        I hope Obama does not get re-elected. I hope Romney can curb the horrible deficit and restore some sanity to Washington but I’m not holding my breath.

    2. Ha ha ha ha ha. Dirty Korean semen covered sock puppet!
      You sofa king we tard head.
      The Chinese mob are the ones who want the lying tax-cheat Romney-tard!

  5. When is Apple going to nail the Great Plagiarist – Google? The Android software is the mother of all plagiarism. Hope Apple will chop off the hands and feet of Google slowly and steady. You know who will indirectly benefit from the consequence of Samsung stupidity? – Microsoft. Microsoft has its own rectangle to play around but it decides not to copy Apple’s design uniqueness. However ugly the Metro design is, it is able to differentiate itself from the Android crowd.

  6. Google is no angel. They did their part to copy Apple when Google ex-CEO Eric Schmidt stole proprietary pre-release iPhone iOS information when he was on Apple’s board and blind-sided Steve Jobs. Google and Shamdung are both enemies of Apple. I hope this victory will give Apple legal ground to successful sue Google’s sorry ass. I have been astounded that board members aren’t bound by NDA’s and sued if they violate those agreements. Apple has no friends with its key partners or previous “friends” like Google. With friends like that who needs enemies? No one is trustworthy unfortunately which is why Apple needs to do all of this alone and become its own supplier. In total and complete thermonuclear secrecy.

    1. Board members cannot steal proprietary data from companies they serve.

      Truth be told if Apple had actual proof that Schmidt stole proprietary information on the iPhone they would have hauled him to court.

      We can suspect him of whatever we want but Apple has never filed suit against him so legally speaking he hasn’t done anything wrong.

      The only thing we know for sure was that he had a conflict of interest while on Apple’s board and had to step down as a result. That is the only thing that is certain at this point.

  7. If I remember correctly, the settlement offer would have been cheaper. I bet Apple will reapproach Samsung with the same deal. I believe it was $250 million and $30 a handset going forward. They will make that across the board for all Samsung Android phones. They will then do the same $30 for the other Android phones. Apple will make billions more than Google on Android in the long run. Now that would be justice.

    1. That’s still very cheap. I’d prefer to see Android go away entirely but at least that would help compensate the blood sweat and tears Apple put into creating the iPhone in the first place.

  8. Lol!

    Dooooo sweet!

    Google, samdungs bed partner and mistress fucks it up for them.

    Nice one google! :)))

    Bet samdung will be sending the $1 billion dollar invoice to you.


    Champagne is on me guys:))))

  9. “next month when she considers Apple’s request to bar sales of some Samsung products”

    I sure hope it is “bar sales” and not bar imports. Otherwise all Samsung has to do is fill their U.S. warehouses before the ban.

    I’m obviously not an attorney.

  10. So, do you think the Samsung employee that wrote that email has a bright future?
    If I cost my employer one to three billion dollars, I don’t think I would be seeing a raise anytime soon.

    I know, I know, it wasn’t the employee that cost Samsung the money, it was the blatant copying. But upper management needs to find a scapegoat after their major fsck up and he (or she) would be the obvious candidate.

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