“U.S. District Court Judge Lucy Koh handed down some of her first post-trial rulings from the much publicized Apple v. Samsung patent case [Tuesday] evening,” Dara Kerr reports for CNET.
“In a 32-page order filed today, the judge said she predominantly agreed with the jury’s decision that Samsung infringed on seven of Apple’s design and utility patents,” Kerr reports. “However, she disagreed with one finding — that Samsung “willfully” infringed on Apple’s patents.”
Kerr reports, “What this means is that Apple will now be unable to triple its damage awards. If Koh had agreed with the jury on this decision, Apple could have collected up to as much as three times in damages from Samsung… Koh wrote in her ruling that in order to find Samsung willfully infringed on the patents, Apple would have to prove “by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent.” Samsung has argued that it didn’t think Apple’s patents were valid and therefore didn’t believe it was infringing.”
Read more in the full article here.
MacDailyNews Take: And, so, using logic, something with which Lucy is obviously completely unfamiliar, all patents are therefore rendered meaningless because you can do what’s pictured below as long as you claim “uh, duh, you honor, we didn’t think the patents were valid.”
Apple’s products came first, then Samsung’s:
Samsung decided to commit this wholesale theft of Apple IP gambling that they’d make far more than they’d have to pay in punishments and, so far, it’s looking like they made a good bet.
Related article:
Samsung loses bid for new trial after Apple’s $1.05 billion verdict – December 18, 2012
I’m done with this Fscking C#nt.
Honestly, Judge, the plaintiff’s property just _accidentally_ fell into my pocket! It wasn’t my fault!
Berk behavior:
she disagreed with one finding — that Samsung “willfully” infringed on Apple’s patents
Like hell, dishonorable judge Koh! Are YOU willfully screwing over Apple, denying them justice? I judge so. 😛
For those who didn’t follow the trial, it was documented how Samsung deliberately STUDIED Apple’s products in order to decide how to ‘improve’ (aka plagiarize Apple) their own products, their phones in particular.
THAT is BLATANT willful infringement upon Apple IP. It could not be more blatant. So I judge Koh to either be incompetent or willfully unjust. Which is it judge?
IOW folks: Expect an Apple appeal, that they will win if they can get an honorable judge. I want Koh SHAMED for her SHAM.
I suggest you all read the decision because the summary that MacDailyNews provides is inaccurate. Although Samsung may have argued that it did not believe the patents were valid, that’s NOT what Judge Koh based her decision on. Instead, Judge Koh found that Samsung reasonably thought that the patent was limited in scope such that Samsung’s design did not infringe.
You may not agree with her conclusion, but instead of hurling ad hominem insults, go read the decision.
There are two BIG issues with this judgement:
1. It’s completely idiotic- Judge Koh should have her privileges revoked
2. It sets a dangerous and irreversible precedent- ie, the patent protection industry just received an enema.
How can it be that on the one hand Apple’s patents are declared valid by the judge and by Samsung’s own admission they duplicated the works contained therein because they wrongly assumed those patents would be found invalid yet this is not a wilful act of infringement?
Am I missing something or is the judge simply an ass?
Samsung is on my list of boycotts. Along with:
-Google
-Stupid Analysts
-Political Trolls
Most of the criticism here misses the point. The judge didn’t say that Samsung didn’t copy Apple’s patented designs. She agreed with the jury that they did. The issue is whether Apple proved that Samsung believed that the patents were valid. (You see the same issue in every murder trial. It isn’t enough to prove that A killed B. You have to prove that A intended to cause death or life-threatening injury.) The judge ruled that the state of patent law when Samsung was ripping off Apple’s designs was so confused that someone might have reasonably believed that Samsung did not have the requisite intent to violate a valid patent. That bars punitive damages but Apple still gets its judgment for the actual damages.
Weather predictors – no recourse of they are wrong… Still all have a job…
Anal-ysts – no recourse if they are wrong … Still all have a job…
Judges…
Apple infringes patents as well so I don’t know why you are all getting so worked up!