Does judge’s 3+ month delay render Apple’s ‘victory’ over Samsung meaningless?

“Last Friday, a nine-person jury found Samsung infringed several patents from Apple’s stable of smartphones and tablets. The jury ruled in favor of Apple, granting it nearly $1.05 billion in damages,” Emily Knapp writes for Wall St. Cheat Sheet. “A total of eight different Samsung phones were found to have infringed Apple’s patents, and Apple is seeking to immediately ban those devices from being sold in the U.S.”

MacDailyNews Note: Actually, 28 Samsung devices received findings of infringement, but Apple decided to only going after an injunction on eight of them. Apple reserves all rights regarding a permanent injunction, but has tailored their list to address a portion of the immediate, ongoing irreparable harm that Apple is suffering. Sufferring that isn’t going to stop anytime soon, thanks to an incompetent judge who is thwarting the will of the people with an inordinately extended and irreparable harmful delay.

Knapp writes, “U.S. Federal Judge Lucy Koh has postponed the hearing for Apple’s request for an injunction against Samsung phones until December… The move to an early-December hearing means that, even if the judge decides to ban Samsung’s phones, they will by that time be outdated and sales will have slowed considerably. It also means that anyone wanting one of the infringing devices now has the opportunity to buy one before it is banned, which might temporarily boost sales for Samsung.”

Read more in the full article here.

MacDailyNews Take: Wanna hear an unfunny joke? Judge Lucy Koh.

Related articles:
Koh sets December 6 court date to consider permanent injunction against Samsung smartphones – August 29, 2012
Apple lists which Samsung products it will seek to ban from U.S. sale – August 27, 2012

29 Comments

  1. A calls comes into a bedside telephone at 3am somewhere in San Jose, California.

    A female voice answers, “Hello?”

    A deep male voice, with a distinct foreign accent located somewhere in the bowels of a country beginning with ‘K’ replies, “We have your check ready. It’s in the mail.”

    “OK, how much is it?”

    “Let’s call it your retirement fund. And we’ve set up a retirement home for you in Hawaii.”

    “OK that’s good.”

    “Do you think you can delay things for a little while until the heat dies down?”

    “I could do that, yes.”

    Click.

  2. Its called legal scum.

    The legal system is rigged fr the crooks. It bends over to protect the criminals and does shit for the victims.

    The murderer gets free healthcare, cable TV, free gym, free education.

    The victims get the finger.

    1. I understand the sentiment of what you’re saying, but I’m a prison guard in a maximum security facility in California and I can tell you that being locked up there is not the relaxing vacation it sounds like.

      1. I guess not, you’re a guard not an inmate. Prisoners run the prisons and prisoners enjoy all the perks not the guards. Free room and board all the drugs they ever need or want. No responsibility and no repercussions. Not to mention all the freebies Ubermac pointed out and they get learn all the new ways to screw over the public when they get out. Our prisons are a JOKE. The US should use Russian prisons as their model and use those dogs (The Caucasian Mountain Dog) That’s a real breed, no racist jokes please. Look it up. They are as big as a bear and 10X more ferocious. They keep the inmates in line.

        1. You left out the joy of having Bubba, your cell mate, rape you every night for the duration of your stay.

          Then there is the expensive Aids drug cocktail you have to somehow pay for the rest of your life.

          Yes, jail time is a blast.

      1. How true, but I live in Canada maybe our government is hopefully a little better at investing our pension plan payments, but I doubt it. They should have just bought Apple Stocks.

        1. Oh, you’re in Canada. I apologize for assuming you were referring to U.S. Social Security (aka Lib Ponzi Scheme). Good luck with yours, ours is on life support and terminal right now.

          We must begin to privatize at least a small percentage of Social Security. It can be done responsibly. With that confiscated money, most people could make significantly more for their retirements than the government will ever provide, if they provide anything at all.

          FDR was a confused man who set this country up for much pain.

        2. First, let me state that I disagree with the current Social Security concept. It was supposed to be a safety net that kept people from being completely destitute and on the streets and nothing more. It’s changed into people believing that Social Security is their retirement plan and they are entitled to the government completely providing for their retirement.

          However, I 100% disagree with changing Social Security so people put any fraction of it into a self directed plan. If it is still part of Social Security and the individual loses 100% of his/her investment in some Wall Street scheme (it happens all too often) then who’s responsible to support that person?

          Do we say, “You were taken by a crook. Too bad. You’re broke. Life on the street will be tough at 75, but you’re stuck with it.” or do we take others’ monies to make up for their bad luck?

          I’d rather take Social Security back to its roots. Cut payments as a whole. Cut who can get payments (Why did Reagan take Social Security payments when he was getting a couple hundred thousand a year as an ex President?). Cut the amount people have to pay into the system.

          With the money people have left in their paychecks they can choose to save for retirement if they want to — or they can buy toys. If they get taken in a retirement scheme they still have the same safety net as everyone else — independent of whatever they’ve done.

        3. People take the money because it’s their money – money they’ve had taken out of their paychecks (by force) for years. Reagan included.

          Government is not your mommy. However, I am in agreement that having a bunch of 75 year-old bums wandering around and dying on the streets is suboptimal. Therefore, for those who are incapable, something should be provided. We could achieve that far more easily by instituting a Ryanesque tax plan and allocating some of that for caring for those who cannot care for themselves in old age.

          Here’s the problem: how do you stop the morally-challenged from taking advantage of the program. For example, more than one in seven Americans are now on food stamps!

          I submit to you that those in real need are far fewer than those who actually partake in these “programs.” It is despicable that our tax dollars are taken and used to ADVERTISE food stamps to people in order to grow the program and justify its existence. This actually happens. At the cost of millions of dollars, the U.S. Department of Agriculture has been running radio ads for the past year encouraging those eligible to enroll. The campaign is targeted at the elderly, working poor, the unemployed and Hispanics.

          This is done for Dem votes.

          Republican lawmakers want to turn it into a block grant program which would minimize the cost. Democrats, however, are not willing to make major cuts.

          I could go on and on. The point is that those of us who are responsibly preparing for our retirements would be much better served, as would those who aren’t responsibly preparing, if we simply had access to OUR money – the money taken from us for “social security” that we will never see – and instead were “allowed” to use OUR money to invest, save, and grow it. We’d be more than willing to pay some extra in taxes (we’d still see a huge net gain) in order to cover those who really need help and cannot provide for themselves.

  3. So if you rip off someone’s patented technology, you still get to sell your infringing products through the entire Christmas shopping season.

    MDN, you’re not seeing the big picture here. We’re all going to be rich. I’m whipping up a batch of counterfeit Viagra in my garage. It will be ready for the Valentie’s day rush. Next? I’m knocking off Gilette razors.

  4. I don’t think the delay of the ban is such a big deal. And of course Samsung’s appeal will drag this case on for years. I’m not sure any of that really matters. Whether or not this verdict has any impact will be something we find out by looking at the future products of Samsung and other “slavish copiers.” If they still look a whole lot like Apple products, then the verdict will have been meaningless. If they start to look and feel a lot different, then the verdict will have had the effect Apple has desired all along. Apple has always said it welcomes competition, just not blatant copying. So time will tell…

  5. The funny part is how Apple winnowed both the number of patents for which it was seeking relief and the number of devices it was seeking relief against – as a result of Koh’s badgering – only to have the narrowed list taken from the jury’s hands and thrown into the Raiders of the Lost Ark warehouse.

    And Apple gets to go through all this again when it re-asserts the claims it dropped.

  6. Can anybody write a positive article on the Greatest Company with the Greatest, Most Innovative products ever conceived? Even MDN is slumming it with the paid bashers. Apple finally wins big after years of court battles which will in the near future keep all copycat OEM’s from using Apple R&D and all I hear is how many more copycat phones Samsung is going to sell. What a JOKE the media has become.

    1. Apple is the Best American company that is Globally expanding and innovating 🙂
      Sooo True!!!

      iJust keep buying AAPL stocks and laughing all the way to my self managed 401k 🙂

      2015 = AAPL = $1055 minimum!!!!!

    2. What, is MDN not radical enough for you? Want something more unwavering to rally troops to the True Cause? Apple can do no wrong even with Tim Cook at the helm and John Browett head of retail?

      Start your own blog then.

  7. I haven’t read any of the court orders in this particular case, but when calculating damages it is common to adjust for the actual dates during which infractions occur. If one can compute damages from (say) July 1, 2009 until August 24, 2012, it is not difficult to adjust the final date for the infringing event to fall in December 2012.

    Many of those posting comments here — as on most boards — are quick to arrive at conclusions regarding complex issues about which they know nothing, and equally quick to heap scorn on experts who have devoted decades to becoming proficient in their fields. In addition to decades of study and experience, those experts were generally more intelligent (than board commenters) in the first instance.

    Just because you have an opinion and are free to voice it doesn’t mean that you should. If you don’t add value to the conversation, you deduct value from it. There is no demand for idle/random speculation which confuses readers.

    For heaven’s sake.

  8. The 3 month delay really makes no difference – – the phones on the list are already last-generation phones. These phones are some of the ones that the carriers are giving away or charging only a nominal amount for. There is no shortage of last-gen phones for sale by numerous manufacturers; hence, the impact of the ban will have little or no impact even if it were enforced today (or last month for that matter). In order to have an impact, the ban would need to apply to Samsung’s flagship offerings like the Galaxy S III, the Galaxy Note, and the Galaxy Nexus. Hence, the ban is just Apple putting an exclamation point on their victory. The real hurt to Samsung is the $1B damage award (assuming this amount isn’t reduced to only a hand slap amount in the appeals process).

    The message is clear to Android vendors – – quit using custom skins. Instead, use vanilla Android and push the real fight to where it belongs – – Apple vs. Google. Of course the vendors will still have to ensure that they don’t infringe on the hardware end.

  9. You all need a lesson on patent law. First there is the temporary injunction then the permanent injunction. The TEMPORARY INJUNCTION is scheduled for September 20, 2012.

    So quit ragging on the judge for scheduling the NEXT HEARING.

    In three weeks, Apple will request the 8 products be granted temporary injunction and also ask to have the S III’s included as infringing. Then in December, the permanent ban will be considered.

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