Apple's thermonuclear legal strategy scores a big win
0. phoneArena 24 Aug 2012, 17:00 posted on
The verdict is in, and Apple racked up more than $1 billion in damages against Samsung, although it failed to protect the design of the iPad/iPad 2, and probably won't be able to get injunctions against as many devices as it had hoped...
This is a discussion for a news. To read the whole news, click here
139. sithman (banned) (Posts: 299; Member since: 21 Apr 2012)
The most interesting man in the world says. I don't always file lawsuits, but when I do I beat Samsung. Buy apple my friends.
150. downphoenix (Posts: 2267; Member since: 19 Jun 2010)
The thing is, Apple DOES always file lawsuits... so that isnt something the most interesting man in the world would do.
153. DechyX (Posts: 113; Member since: 16 May 2011)
strange... I always thought he said stay thirsty my friends... guess I could be wrong
141. joey_sfb (Posts: 2565; Member since: 29 Mar 2012)
I am surprised that the jury fine Samsung so heavily on Apple design patent and yet let Apple has a free ride on Samsung's utility patents. Lopsided trial.
Anyway I just bought a galaxy tab 7.7 to show my support for Samsung.
248. Tre-Nitty (Posts: 460; Member since: 16 Nov 2010)
Then your a fool! Spending money in support of a company because they got beat in court.
149. downphoenix (Posts: 2267; Member since: 19 Jun 2010)
Looks like the jury, in their hurry to get back to their lives (and who can blame them), tried wrapping this up in a jiffy. Seems to me from what I heard that they got sloppy.
151. remixfa (Posts: 13902; Member since: 19 Dec 2008)
yup, and the sad part is now they need the judges help to figure out the form that they just wized through not too long ago. Kinda makes ya wonder how much thought they actually put into it.
152. joey18 (Posts: 502; Member since: 20 Jul 2010)
I'm happy samsung sucks make your own shiet sent from my gs3
161. tedkord (Posts: 4282; Member since: 17 Jun 2009)
Everybody, while this was a lopsided verdict, it wasn't that bad. A good portion will probably be overturned on appeal, and the most important thing - Apple's rectangle with rounded sides patents were not found to be a factor.
So I wish it had gone better? Actually, I'd have preferred to see both sides soaked and sent to bed without supper. But in the long run, Apple's position on rounded rectangles is severely weakened, and only a few devices were found to be infringing on a few specific patents. I don't know how they can to with the dollar amount, but this was not a crippling decision, and it will continue in appeal, where it's very possible the award will be reduced significantly.
193. joey_sfb (Posts: 2565; Member since: 29 Mar 2012)
What wouldn't kill you will make you stronger. Apple used to be my number one brand over M$, now i despite it.
165. RapidCat (Posts: 351; Member since: 12 Jun 2012)
Long run and only 1 billion?
Microsoft without war with samsung make 800million from samsung.
What a waste of time
171. NewWireless (Posts: 27; Member since: 08 Jun 2012)
Microsoft = PIMP of the industry. Patents In My Pocket
So that price of the no longer subsidized phone just went up even more that you wanted.
The aftermarket for a good used cell phone just got busier.
Samsung ironically one a similar case the other day in Korea against Apple, and well, this will barely register as a blimp on Sammys earnings, the new notepad coming out and the GS4, will all avoid anything next to what Apple has, and it will sell.
Can we get back to the real problems here. Remove the bloatware from all phones, iPhones, and Sammys!
167. So-Sayz-Eye (Posts: 29; Member since: 08 Nov 2011)
I'm sorry but this verdict was assured once Samsung wasn't allowed to use its prior art in the case. From the leaked designs there no way a sensible jury would rule in Apples favor.
Unfortunately, I have to take Apple's side on the UI designs, slightly anyway. The touchwhiz UI is just way to similar, and I'm sure that was more of a deciding factor to the jurors than anything else.I will say that icon similarity should have been thrown out. How can you patent a picture representing a phone. THere is but so few ways to demonstrate a phone in such a small space. How many people would really connect a rotary dial to a phonecall nowadays. Maybe the music icon should have been an 8-track. The point being that is too broad a patent with so few relevant options.
168. NewWireless (Posts: 27; Member since: 08 Jun 2012)
Sad day for the industry. I am sorry, but that means, Samsung can go and sue Toshiba and Sony can sue, Sharp and every other maker of a flat screen TV, they all just about look the same, but you know they are different by the manufacturer. The jury was idiots. The same of a phone is damn near standard. On the flip side maybe it will encourage a new wave of designs something not so square?? who knows, all cell phones look like to me from a distance, but I see Goodyear Tires suing Pirelli Tires, because of the roundness of the tires are too damn similar!
Samsung will be fine, I don't use either product, but I know that Apple crossed the line with this one. You know its an apple product when you turn it on and you log into your itunes account, how many samsung phones are able to connect and register via itunes?!?!?!?!?
For people that can't tell the difference, I have a plot of land for sale that has oil underground for you to purchase for a cool $1000, on the cheap!
170. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)
Its weird how TVs, cars, Blu-Ray players, computers etc. can look alike with no one complaining, but when u do the same for a smartphone, it becomes a holy war.
Not sure why, maybe people are toooo attached to their mobile devices and are extremely loyal to their manufacturers but its like seems like ahttp://images2.wikia.nocookie.
net/__cb20120531225006/castlemto me inerz/images/0/05/Jackie-chan-meme.jpg
Also, Samsung didn't loose too badly on this one, the rectangle patents didn't win and they didn't slow down any Android products so in conclusion, this trial seemed like a waste of time.
172. NewWireless (Posts: 27; Member since: 08 Jun 2012)
Wait for it... isnt' Apple about to launch a TV or something.....
who has the original design of that stashed away?!?!?!? I see another lawsuit!
173. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)
Honestly, i think samsung copied Apple's designs up until the Galaxy SII, but Samsung became successful after building on the previous designs of its phones, yet it seems unfair to htc, which has probably the most unique UI out there, because I've always favored htc over Samsung. Hopefully, if people step aside from the mainstream (iPhone and Galaxy SIII) they might discover something that is far better than either.
177. tedkord (Posts: 4282; Member since: 17 Jun 2009)
I love sense ui. I don't know why people hate it so much. Best ui around, imo.
179. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)
Funny thing is if they hate it, they can always download a free launcher from the market to make it more simple.
190. PhilTech (Posts: 11; Member since: 16 Jun 2012)
Its been said a million times, what's one more? HTC One X would have killed the S3 if only they made the battery removable and added MicroSD considering that the build quality is better and that it was released way ahead of the S3. its simple, consumers like options not restrictions.
196. bantheiphonedotcom (banned) (Posts: 28; Member since: 24 Aug 2012)
Apple would disagree with you and may sue you in court, if you are not careful.
251. phoenixpr (Posts: 167; Member since: 28 Mar 2012)
I agree with PhilTech, I've saying this since day one. Everyone was saying I was wrong. Hmm? I think not. HTC One X would have killed the S3 if only they made the battery removable and added MicroSD is a true statment.
245. JessJess (unregistered)
Phones are personal things. So people get very defensive on what seems like a /personal/ attack.
175. annymu5 (Posts: 15; Member since: 01 Feb 2012)
I could not wait to come back to this site to read all the hate. HAHA the people on this site are straight comedy. I am sorry for Samsung's loss but looking at how identical the devises were and the documents that Samsung had showing in black and white that they set out to copy Apple, justice was served.
Keep the comments coming I love a good laugh. Especially the one they call Remixfa.
Taco, good game. lol. Ok im gone again until I need another catastrophic laugh.
178. NewWireless (Posts: 27; Member since: 08 Jun 2012)
Every industry buys their competitors products and disects it.
So what do you say to all the TV's and DVD's that all look a like.
So if Apple comes out with a TV, that looks like a Toshiba TV should Toshiba sue because they look similiar?
200. rusticguy (Posts: 2819; Member since: 11 Aug 2012)
Yup just like MiG 21 was disected on American soil long long back :)
182. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)
If you need a good laugh, please watch these (hope you're a video game person)
176. fistigons (Posts: 262; Member since: 11 Feb 2012)
Looks like someone is going through every comment and putting a thumbs down. Thumb this down if you are a douche.
180. NewWireless (Posts: 27; Member since: 08 Jun 2012)
Next lawsuite in the making
184. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)
Wow it's like Rome vs Carthage all over again, hopefully this time neither one will completely burn the other to the ground. But this time they're taking it into space!
185. lyndon420 (Posts: 1687; Member since: 11 Jul 2012)
Only a billion? I'm sure Sammy made way more than that from the sales of the infringing products..
186. Obdabeast (Posts: 41; Member since: 01 Jan 2012)
those jurers are sooo lame.. why have a panel of jurers who don't understand a thing about smartphones... apple represents everything wrong with america and this society.. they make billions yet they want more, they steal from others but blame everyone else, they mistreat their workers who are killing themselves because of it, yet act like they are the best thing that's happened since the type writers.. if apple is a TRUE american company.. then their factories should be here in america. not saying that Samsung isn't in the wrong but their products are far superior end of story!! that's why apple needs them! .. I work in the cell phone industry so I know what I'm talking about.. and apple is literally a simple minded phone for those who are simple minded.. that being said it's if you don't understand what Im saying.. sheep.
187. Sackboy117 (Posts: 178; Member since: 17 Oct 2011)
True, older people generally don't care about smartphones. I wonder what kind of phones they had though.
Well actually, the majority of the people usually just go with the flow (iPhone) and have a minimum care about the specs and stuff. I don't think it's a problem though but if people did care, then there would be more of a variety in the consumer's choices.
201. plethora (Posts: 7; Member since: 24 Aug 2012)
Hi Sackboy. I guess in your experience "older people" don't use smartphones. However, that is far from accurate. I've been very active on several boards with my (now former) 17 years with ATT in their IT department; nearly 20 yrs as a wireless subscriber and I also moderated a board for several years dealing strictly with wireless phones and general tech questions. Oh yes, and I am over 60 yrs old. There are plenty more of "older people" that have taught the younger ones what they know. In fact, most the innovators, patent winners, etc inside ATT were mostly those over 40. I currently use a Samsung Android phone.
197. bantheiphonedotcom (banned) (Posts: 28; Member since: 24 Aug 2012)
see, each side gets to dismiss jurors, I believe - Samsung has to do a better job of lawyering as APPLE won because of lawyers and not because they were innovating.
198. bantheiphonedotcom (banned) (Posts: 28; Member since: 24 Aug 2012)
seriously, it was more than copy it was advancing a product that rarely changes year after year...iphone from apple stands for stagnation.
189. Savage (unregistered)
This isn't a big win. A big win would have been able to ban Samsung devices which Apple was interested to do from the start. And speaking of the 1 billion Sammy has to cough up, that was your fault. Now you get punished. However, it isn't such a big amount which will stop them from making awesome devices. Hopefully, this doesn't give Apple an inspiration to go after other OEM's. The last thing we all want is Apple becoming the world's sole phone manufacturer.
191. Raymond_htc (Posts: 430; Member since: 06 Apr 2012)
Major Victory? More like major Sue-tory!
194. shuaibhere (Posts: 1297; Member since: 07 Jul 2012)
By goin through all the comments what i can say is apple won verdict but samsung won consumers heart by the popularity of verdict....
Which is a big win??????
I will go with sammy.....
202. rusticguy (Posts: 2819; Member since: 11 Aug 2012)
Same here. Sammy device added to wish list and buying soon. Apple no way and never ever. Don't want my money going to corporate hooligans.
199. plethora (Posts: 7; Member since: 24 Aug 2012)
You know, the carriers have been strangely very quiet about all of this. I wonder if any of them will take sides with one or the other company. Personally, my preference is to boycott Apple.
203. rusticguy (Posts: 2819; Member since: 11 Aug 2012)
Carriers wouldn't put all their eggs in one basket. So i guess they will continue business as usual :)
204. ilia1986 (unregistered)
Matters not. Android will continue to develop and grow. And since Apple is no longer innovating - it will continue to be the most advanced and widespread mobile operating system.
207. Johnnokia (Posts: 464; Member since: 27 May 2012)
The only company that no one dares to sue it, is NOKIA.
220. FoneAddict (Posts: 191; Member since: 05 Jul 2011)
USA "justice" is so biased to protect American businesses it's unreal! This verdict is ridiculous and goes against the ideals of Free Trade and Enterprise core ideals that America likes to propapagate around the world. A nonsense decision.
221. karoafriyie (Posts: 19; Member since: 19 Aug 2012)
so it finally hapened my heart goes out to the american consumer (this hapens only in america righy?) becausse over here we love our galaxy phones hope this does not affect jelly bean uodate world wide samsung still roooooooooooooooooooocccks!!!!!!
222. good2great (Posts: 1039; Member since: 22 Feb 2012)
Where are all the apple supporters?
11 pages of excuses from Samsung fans and apple haters is rediculous!!!
If the verdict would've been in Samsung favor y'all would be bragging your asses off!!!
GET OVER IT!!! It wasn't a fixed trial, nothing was done unethically, and nobody was harmed... DAMN this site is not the same anymore... Lame ass android users...
Remixfa stop commenting so damn much dude we get it, you don't agree with the verdict... IMO you trolled this whole article! But claim apple users for trolling, funny thing is NO APPLE TROLL IS HERE the guy who heckled you doesn't count he was just trying to get you to shut up!!!
This is my last time commenting until the iPhone 5 Galaxy Note 2 and windows phone 8 devices are released...smh
225. Sniggly (Posts: 6697; Member since: 05 Dec 2009)
You really, really need to jettison the holier than thou attitude.
Every single one of your damn posts is the same: whining about the "android trolls" and blah blah blah.
Partisans on both sides have always been part of this site. This issue especially is a passionate one for both sides.
Yes, of course there would be jubilation if Samsung had won, or at least not gotten its ass kicked in court. It's tautological and bears no judgment against us.
There was some fishy stuff throughout the trial, crucial evidence was not shown, and Samsung did screw up with its defense.
And yes, sithman does count. He acts like this on many articles.
In short, through all of your whining and blubbering over how much Phonearena sucks because of how passionate its commenters are, you don't realize how foolish you come across because you've joined in the fray in much the same way.
233. remixfa (Posts: 13902; Member since: 19 Dec 2008)
I can post as much as I darn well please. Considering the vast majority of my posts were civil conversations or updates on the play by play after PA stopped updating the thread, I dont really see anything I did as "trolling". Since I dont have an email filled with PA warning letters this morning, neither do they.
And no, you buddy was definitely trolling the article like a 2 yr old. I hope he got banned for all of that considering how tight PA has been about sending out warning letters. With few exceptions, the thread was very civil through the verdict.
My comments were pretty fair. And like sniggs said, there were some major one sided issues with the trial from the get go as well as big lawyer mess ups that didnt help their case.
I expect a good bit of this to be changed on appeal. If samsung's lawyers dont have their act together by then, well then.. too bad for them.
For someone that keeps trying to say they are close to the middle, you are really lashing out like a partisian apple fan.
228. Ray.S (Posts: 250; Member since: 19 Jul 2011)
I think the jury did a marvelous job. I'm happy that Apple didn't score a win in terms of its design patents, because... well, it's just stupid to try to keep the "rectangle with centered screen on the front" all to yourself. I sure don't want all non-Apple products to look ugly. It just can't happen, and it shouldn't. But Apple sure deserved compensation for all that the other manufacturers copied from them.
231. remixfa (Posts: 13902; Member since: 19 Dec 2008)
so when does apple compensate for all of the ideas/designs they stole? Had the jury found samsung's prior art as proof of invalidity of apple's patents, the amount would have been much much smaller. I bet ya a soda that samsung gets at least some of those patents invalidated on appeal. The bounce will probably stick, but the pinch to zoom and grid shouldnt.
238. greathero1 (Posts: 459; Member since: 13 Jun 2008)
Well if those other companies own patents then they should protect their intellectual property. The verdict was fair but it's not completely over. The appeals process is next so I don't think Sammy will be on the hook for 1.05 billion, maybe half that. Dude, it's gonna be okay lol!
241. remixfa (Posts: 13902; Member since: 19 Dec 2008)
im not worried. the big issue, the blank ipad rectangle drawing, got tossed. Nothing held up against the SGS2. The rest of is is minor crap about old phones that are barely sold anymore. Again, my only real surprise is that the prior art disproving apple's patents for pinch to zoom and such didnt hold up. But hey, that's what appeals are for.
244. ilia1986 (unregistered)
I am not a designer - but I do not currently see a way to effectively zoom on a webpage in any other way other than pinch-to-zoom on an all-touchscreen device. Same for double-tapping to align text\content on the screen.
I sure as hell hope Google comes up with something - we sure as hell don't want to go back to Android 1.6 zoom in\zoom out buttons!!
250. Ray.S (Posts: 250; Member since: 19 Jul 2011)
I don't think they'll ban the others from using pinch-to-zoom. Still, I'm sure there can be another way to easily zoom on a touchscreen device. It's just that someone has to think of it.
229. zhypher_23 (Posts: 195; Member since: 04 Jun 2012)
1996: "Good artists copy, great artists steal. And we have always been shameless about stealing great ideas." -- Steve Jobs
2010: "I'm going to destroy Android because it's a stolen product." -- Steve Jobs