Samsung to face allegations of copying Apple once again at next month’s damages retrial

“Starting November 12 (that’s in three and a half weeks from today), the Apple v. Samsung limited damages retrial will be held in the Northern District of California. On Thursday (October 17), Judge Lucy Koh held a pretrial conference, and late on Friday she entered a pretrial conference order,” Florian Müller reports for FOSS Patents.

“I often disagree with financial analysts, and I have disagreed on a couple of past occasions with Mr. Chowdhry. But the following statement is worth highlighting: ‘There is no substitute for innovation — it is a key driver for growth,’ Chowdhry explained, ‘but relying on imitation is a losing strategy as well, and Samsung has been heavily imitating Apple in many respects,'” Müller writes. “So far, Samsung’s success in the marketplace does not suggest that “imitation is a losing strategy”. Samsung’s (high-quality and partly creative) imitation of the iPhone has been and continues to be a huge commercial success. Anyway, “strategy” is about sustainable success, not about what used to work.”

Müller writes, “Only IP enforcement can turn imitation into a losing strategy. Enforcement requires meaningful remedies. The limited damages retrial won’t result in a damages award so devastating to Samsung that it will back down, but Apple has the chance to make at least some progress,” Müller writes. “What’s more important is injunctive relief, and I believe we’re going to see a Federal Circuit decision soon. An appellate hearing went very well for Apple in early August.”

Read more in the full article here.


    1. ReTrail is for the damages only, not if SamDungie is guilty ….

      Apple was awarded 1.2 billion and Koh reduced to 400 million, don’t quite me in the apex act numbers, but the monies is what this one is about!

  1. What a load of crap. Title is just like Apple , deceptive and misleading. Should it not read ” Samsung – Apple dispute continues” ?? Guess not when your dealing with a company thats now less than 13% of the market and falling. In fact, does anyone own a iphone anymore?

    1. That’s either a very weak attempt at attempting to instigate outrage in this forum or a lame I tagged sarcasm post. Either way, your words are ridiculous. Over nine million iPhones in three days is a smash new release success and those handsets, unlike Samsung numbers, are both *sold* (not just shipped to stuff the channel) and sold at *full retail* price from Apple’s perspective, not slashed and burned to temporarily boost numbers.

    2. Gee if Apple is doing that badly and iPhones are outselling Samsung top of the line Galaxy 3 & 4 Samsung must REALLY be in the dumper with your logic eh? And hmm, why do billions of dollars keep showing up regularly for the Apple Money Vault. Deceptive and misleading (also stupid) describes you perfectly Inflamer.

    3. Cm8, you’re a fucking idiot. I can guarantee that when I go up to London tomorrow, and look at the phones and pads that people on the streets, in the galleries and museums, and on the Underground will be using mostly iPhones, and iPads, probably to a ratio of 9:1.
      Maybe in your kindergarten they will only let you play with cheap Android knock-offs, because they know that little children will only throw them at each other, and flimsy plastic crap won’t hurt as much.
      Now run along, your mom wants to change your diaper.

    4. If you own a phone that is not a Blackberry, or Windows Phone, you own an iPhone or an iPhone-rip-off-copy called “android” which is just a form of theft, and by buying one you are allowing Karma to come along and rape you for everything you own. And you’ll deserve it too.

  2. I’m sorry but I have to say that Apple is the greatest copyist on earth. There has been no greater effort made at copying Android than iOS 7, the result of assiduously copying every smallest aspect of Android turning iOS from a first rate world leading mobile OS to a third rate mobile OS that an Indian developer churning out third rate crap in Bangalore would be ashamed of.

    This is the result of offshoring all the development work from the core iOS development team under Forstall to the marketing team led by a donkey called Ive. Can you imagine the look and feel of an OS developed by the marketing team. What a load of rubbish. The biggest donkey of all, Cook, made the decision to fire Forstall which is backfiring on Apple.

    Under Steve Jobs, Apple was lionised as the king of the tech world. Under Cook, Apple is made up of lions led by donkeys.

    1. @aituc:
      Your rich prose suggests an offshore origin
      Perhaps in your homeland your passionate speech makes sense, but to me its flourish without substance just makes my eyes glaze over.
      For some background data before you post in the future, try reading Horace Deidu at, for instance.

    2. You probably don’t know this but Android’s look and feel were copied from iOS. How could you know when your head is deeply buried where the sun don’t shine?

      See, I didn’t say ass.

    3. So if I get your history writing correct: 1st was iOS, then it was copied by Google/Android and then Apple copied Android? So the worst copying of them all must be Google, since Apple was first and since then not that overwhelmingly much has happened UI-wise.

    4. Nice try faildroid but the first android was a blatant copy of RIM/Blackberry till Apple released the iPhone then google dropped everything to copy IOS. Android would not exists in its current form if it didnt copy IOS. So its google who are the greatest copyists on earth.

    5. Apple could copy Android for the next 100,000,000 years and it would not be “copying” because the very existence of Android started out as Blackberry rip off, turned iPhone rip off. Android will never be innovation is pure theft of Apple’s IP. Android fans are the worst revisionist history ignorant worthless trolls that have existed in the 20 years of the public internet which is quite an accomplishment in such a short time.

      In short, fuck you and go die.

  3. I’ve said this many times. Until Scamsung is fined a number bigger than their profits, they will just go on copying, because it’s still profitable. They are laughing at the American legal system all the way to the bank every day. They copy products in every market.

  4. Before this re-trial re-determination of damages bores the hell out of us once again, I have to point out once again, that the entire problem was the Judge Koh managed to POORLY inform the original jury about how to decide the damages.

    IOW: FU Judge Koh for YOUR incompetence that caused the trial to drag on. How about YOU make up the difference in damage judgements? That sounds like JUSTICE to me! What a horror.

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