“Samsung Electronics Co Ltd asked a U.S. appeals court on Thursday to toss out an order that it pay Apple Inc $930 million for infringing on iPhone patents to make its Galaxy line of smartphones and tablets,” Diane Bartz reports for Reuters.
“Kathleen Sullivan, a lawyer with Quinn Emanuel Urquhart & Sullivan LLP who represents Samsung,” Bartz reports, “argued that the lower court erred in deciding that the design and trade dress patents were infringed because the Samsung phones did not carry an Apple logo, did not have a ‘home’ button like an iPhone and had speaker slots in different places than the Apple phones.”
“‘Apple was awarded Samsung’s total profits on those (Samsung) phones, which was absurd,’ she said, arguing that it was akin to awarding entire profits on a car because of an infringing cup holder,” Bartz reports. “Arguing for Apple, William Lee of the law firm Wilmer Hale disagreed. ‘This is not the cup holder,’ he said.”
Read more in the full article here.
MacDailyNews Take: What was Samsung’s intent in making their inferior products look as close as possible to Apple’s?
To ride on (steal) Apple’s massive R&D investments in creating the modern day smartphone and tablet along with stealing Apple’s huge marketing investments that created and continue to create a huge market for both categories. Samsung is a thief, plain and simple.
In a just and moral world, Samsung would actually owe Apple multiple billions of dollars and nobody on the planet would patronize such a company, either. Sadly, we live in this world, where massive thievery goes virtually unpunished and where confused and/or morally-bankrupt ignorati reward thieves for their crimes.
Apple’s products came first, then Samsung’s:
Here’s what Google’s Android looked like before and after Apple’s iPhone:
Here’s what cellphones looked like before and after Apple’s iPhone:
A cup holder? No it’s more like you built the same exact car, but changed the logo, moved the location of the tail pipe, and gave it 2 door handles per door instead of one. Get real Samsung.
And the cup holder now has a triangle cut into the bottom rather than a circle. *That* is where the cup holder comes in.
And, wrongly, the DoJ will side with Samsung. This is almost a sure bet.
I wouldn’t be surprised at all! 😡
And design patents specifically omit such minor variations as placements of logos, buttons, and openings. It’s the overall look and feel that is patented in a design, not those details.
Using that logic, then the multitudes of fake handbags seized on shipping docks every year by Government officials because they are shameless copies of Gucci, etc., should not be seized because they don’t have a Gucci logo on them. There is justice for handbags manufacturers – but not for Apple.
Actually, those fake bags likely do have a Gucci logo on them, that;’s why so many are fooled by them.
By the time this DOES get settled, Samsung will be close to bankruptcy and will not have the money to pay!
Come on, Samsung could easily pay Apple in automatic firearms and ammunition.
Let’s hope this comes to be!
Ah, if only we could all wave our hands and make a nearly billion dollar bill disappear. Hey Sammy, just think of all the engineers and “designers” you wouldn’t have to fire if you could just pay off one judge! 🙂
They should be happy with such a small amount. They should pay ten times in punitive damages so they are not tempted to do it again.
This was a trial by jury. How is it, it can be appealed, vs trial by judge “Cote”?
What’s the difference? Is one outcome stronger than the other?
Apple est un très bon plat mais samsung à la meilleure scause