Verdict in Apple v. Samsung


“Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer. It will lead to fewer choices, less innovation, and potentially higher prices. It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims. Samsung will continue to innovate and offer choices for the consumer.”

see Groklaw – There's a Verdict in Apple v. Samsung ~pj – Yes, Samsung Infringes – Damages $1,049,343,540 – Updated 4Xs.

Samsung has an abundance of avenues for appeal on this trial:

  • the judge really excluded evidence about prior art and rectangles with rounded corners,
  • the jury, which is supposed to add balance when a judge is biased like that fell for the rounded corners and almost everything else Apple claimed, defying logic, ignoring even the judge’s instructions and reaching a verdict extremely quickly in a very complex case with tons of evidence,

About Robert Pogson

I am a retired teacher in Canada. I taught in the subject areas where I have worked for almost forty years: maths, physics, chemistry and computers. I love hunting, fishing, picking berries and mushrooms, too.
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11 Responses to Verdict in Apple v. Samsung

  1. oiaohm says:

    “Really? As you have pointed out in one of your walls of bloviation. They are bound by FRAND aren’t they?”
    Not this time. That prior post applied to the prior set of patent being used.

    Motorola have found Motorola stack of patents that Apple infringes with no FRAND agreement covering them.

    So Motorola is only bound by FRAND on some of their patents not all of them oldman.

    All of the following are Motorola patents not one is used by any existing Standard so FRAND does not apply.
    No. 5,883,580, titled “Geographic-Temporal Significant Messaging,” which issued on March 16, 1999;
    No. 5,922,047, titled “Apparatus, Method and System for Multimedia Control and Communication,” which is sued on July 13, 1999;
    No. 6,425,002, titled “Apparatus and Method for Handling Dispatching Messages for Various Applications of a Communication Device,” which issued on July 23, 2002;
    No. 6,493,673, titled “Markup Language for Interactive Services And Methods Thereof”, which issued on December 10, 2001;
    No. 6,983,370, titled “System For Providing Continuity Between Messaging Clients And Method Therefor,” which issued on January 3, 2006;
    No. 7,007,064, titled “Method And Apparatus For Obtaining And Managing Wirelessly Communicated Content,” which issued on February 28, 2006;
    No. 7,383,983, titled “System And Method For Managing Content Between Devices In Various Domains,” which issued on June 10, 2008.

    Motorola patent stock pile is deep. Oldman the prior patents Motorola used were under Frand. Since Motorola has been told they cannot use them they have just dug out another set that are all not protected by Frand.

    Of course you can bet Motorola has many more rounds in reserve.

    The simple way to prevent Motorola from keeping on hitting you is take Motorola universal patent agreement. Where you agree only to use your own patents defensively so becoming allowed to use all Motorola patents. Apple forced to agree to Motorola terms basically forces to stop charging people.

    Microsoft is in exactly the same boat. Motorola has not stayed in the phone game this long without being able to defend itself in patent battle.

    They nasty part here is Motorola has apple because if it had settled the frand patents the way Motorola asked they would have settled these patents as well. So Apple and Microsoft blew their chance to settle by fighting.

    Motorola sucker punch.

  2. Ivan says:

    I don’t know what everyone is whining about. Samsung clearly didn’t copy anything from the iPhone.

    The fact that the Galaxy II looks like an iPhone, with only minor differences in the UI, with many of the patented features of iOS that weren’t licensed, is clearly a red herring.

    Consumers that want a counterfeit iPhone have lost, woe is them! Oh woe is them! Won’t anyone think of consumers that want counterfeit products?!?

  3. kozmcrae says:

    In a patent war a win for (insert your favourite corporation) is a lose for everyone, except the lawyers.

    It doesn’t matter who wins, we all lose.

  4. oldman says:

    “Google taking ownership of Motorola has created a nightmare basically.”

    Really? As you have pointed out in one of your walls of bloviation. They are bound by FRAND aren’t they?

  5. oldman says:

    “oldman you are presuming everyone wants cash. Motorola wants patents for patents. Motorola is not interesting in a cash settlement.”

    That is a fact not in evidence.

    You are presuming as well sir. How about we see how this plays out eh?

  6. oiaohm says:

    “Sure there is… Samsung pays, Apple pays and we go on from here.”

    Samsung was not playing MAD. Motorola is playing the MAD card.
    “IN the meanwhile Samsung lost.”

    Did they really. With Apple on the path of ending up with all products blocked from sale due to Samsung loss making the Motorola case stronger. Yes that Motorola design patents can be applied since Apple managed to prove those are valid patents. Only a percentage of Samsung items effected where all Apple products are on the line with Motorola. Motorola is also playing the card that Apple has had all the time it should have required to settle.

    This is not a loss for Samsung really. You are aware iphone and ipad infringe Motorola design patents that the Samsung vs Apple case just proved are valid in a court of law.

    This is not a win for Apple they have dug themselves into a hole.

    oldman what settlement does Motorola want. All products by Motorola or Google protected from patent assault in exchange apple gets to use Motorola payments.

    In other words all the patents over Android Samsung pays to Apple if Motorola/Google gets their way Apple will have to refund.

    Problem is Motorola is willing to go MAD completely all Motorola products blocked from sale time as all apple products blocked. Does this effect Google advertising business not one bit.

    oldman its too soon to say Samsung has lost. Its the Motorola vs Apple case we have to watch. Motorola is in a position it does not have to make a profit from devices to remain in existence.

    Micorsoft vs Motorola. Microsoft is also not getting that Motorola does not have to settle and it will not matter how much pressure Microsoft applies Motorola will not be forced.

    Google taking ownership of Motorola has created a nightmare basically.

    oldman you are presuming everyone wants cash. Motorola wants patents for patents. Motorola is not interesting in a cash settlement.

  7. oldman says:

    “MAD patent battle there is no way to win.”

    Sure there is… Samsung pays, Apple pays and we go on from here.

    IN the meanwhile Samsung lost.

  8. oiaohm says:

    Clarence Moon really samsung will fight the loss.

    There is a problem as well the Apple win against Samsung makes the Motorola case against Apple stronger.

    MAD patent battle there is no way to win.

  9. Clarence Moon says:

    Too soon to say its over.

    Can you say “Black Knight”, Mr. O? 🙂

  10. oiaohm says:

    Chris Weig Motorola is currently pushing to have every one of Apple products blocked from sale.

    Too soon to say its over.

  11. Chris Weig says:

    Robert Pogson: guilty on counts of gullibleness.

    The Android boys have just begun starting to cry. Cry with them, Robert. Cry with them.

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