Judge Koh rejects Apple's request to triple damages, says Samsung's infringement not willful
Samsung GALAXY Tab 10.1 infringes the D’889 Patent and denied Apple's claim that the ’893, ’711, ’460, and ’516 Patents are invalid. She also shot down Apple's claim that Samsung is liable to Apple for breach of contract and antitrust violations coming from a breach of the ETSI IPR Policy.
Returning to the issue of whether Samsung willfully infringed on Apple's patents, the judge believed the Korean manufacturer when it said that it had thought that Apple's patents were invalid. Judge Koh believed that Samsung felt that it did not violate the law. Another interesting fact is that while the jury had found that Apple's multitouch patent ('915) was infringed on by a number of Samsung handsets running Android 2.2.1 or 2.2.2, it ruled that the Samsung Galaxy Ace (Android 2.2.1), Samsung Intercept (2.2.2) and Samsung Replenish (2.2.2, too) did not infringe on that patent. Samsung was hoping that this inconsistency could be rewarded with a new trial. But the 9th circuit has rules for this and while the judge noted the inconsistency, her hands were tied.
Judge Koh will be presiding over the sequel patent trial between Apple and Samsung which will take place in 2014.
source: AppleInsider, FOSSPatents
1. XPERIA-KNIGHT (unregistered)
I think samsungs "innocent" plea may be true but wheter you knew you broke the law or not,........ YOU STILL BROKE THE LAW........also in all honesty, both samsung AND apple seem to be in the wrong here..........One is "greedy" and the other likes to "copy" a greedy company therefore making them "greedy" as well
So the Judge seems to be doing the "higher" thing by shutting them BOTH out of this silly ordeal and hopefully..........yes hopefully they can both learn to "change" their ways..
26. PhenomFaz (Posts: 1203; Member since: 26 Sep 2012)
agree with you...the whole lawsuit thing is getting too much!
But Apple has become really really greedy! Sammy has one star year against Apple...that's 2012 dethroning Apple as top smartphone seller and soon enough Apple wants to triple damages to cover its losses!
Apple is just being a sore loser...its a damn shame its just a shell of a company it once was!
I never expected Sammy to make it big in smartphones, they were always big in electronics though...and they have mended their ways...their prodcuts dont look anymore like Apple's so Sammy might have copied or not...honestly I didnt think the Galaxy S1 would make it big..but right now they have unique distinctive and great products that sell well! They're innovating on what they have and the results are showing.
42. sonyisdead (banned) (Posts: 30; Member since: 30 Jan 2013)
Wow. I didn't know it was possible to be worse in logic than wendygarett.
45. HouTexan (Posts: 407; Member since: 08 Jan 2012)
Every single company in the entire world uses and expands upon others ideas. You just sound like someone that's upset about his favorite company not being on top or something. That's the only explanation I have for this garbage statement. Every time I read the comments on articles, you're on here saying the same thing about Samsung, as if Sony doesn't "copy". Get over yourself.
3. joey_sfb (Posts: 4636; Member since: 29 Mar 2012)
Now i really feel my money is well spent on Samsung Android devices. Thank you Samsung for giving us such a good show. Very high entertaining value both from the Android devices and court room drama.
I wonder who owns the rights to this upcoming hot series J.Koh and the forbidden fruit! LOL!
5. XPERIA-KNIGHT (unregistered)
why do you feel good about spending your money on "stolen" ideas and designs?
20. tedkord (Posts: 8006; Member since: 17 Jun 2009)
For the same reason an iPhone user feels good about its stolen features (LG Prada shape and capacitive screen, Neonode slide to unlock, Palm grid of icons, Android notification shade, wireless sync they stole from some kids who developed it as an app for the iPhone. All the Frand patents they still haven't paid a dime for.The list just goes on and on.
28. Hemlocke (unregistered)
Yes, Apple obviously stole the design from the Prada, which is why LG threatened to sue...then never did. Apple's patents predated the Prada, or else LG would have dragged Apple into the nearest court. As for the capacitive screen, Apple OWNS the multitouch patent, and LG does not.
38. jroc74 (Posts: 5673; Member since: 30 Dec 2010)
If thats the case.....why didnt Apple sue LG?
I think its a lil more to that story than that...
39. lyndon420 (Posts: 3180; Member since: 11 Jul 2012)
Simple...apple didn't feel threatened by LG.
43. jroc74 (Posts: 5673; Member since: 30 Dec 2010)
Remember this lil article during the Apple vs Samsung trial....many ppl might have forgot:
Date on the slides....feb 2006. LG Prada and Samsung F700 there...
Look at that F700...and tell me why thats not an early version of the Galaxy S line. Look at the front of a Samsung Digital Photo Frame...and tell me why that cant be the early versionof the Galaxy Tablet.
I hear so much copying claims from Apple fans.....yet they dont feel the iPad is taking design cues from that photo frame. And if you pull up some iPad designs from before that Phto Frame...why didnt Apple try to sue Samsung over that? Apple tried to sue Moto for the Xoom....for hardware designs.
Put the thrusters on full reverse...and step out of Apple's field....
49. tedkord (Posts: 8006; Member since: 17 Jun 2009)
Never mind the photo frame. The iPad is a shameless copy of the Knight Ridder tablet. Which, of course, Apple were shown several years before they came up with the iPad.
I seem to remember something similar happening after a visit to Xerox Parc...
48. tedkord (Posts: 8006; Member since: 17 Jun 2009)
LG did consider suing Apple over the iPhone. They decided against it because they felt that suing over shapes was a bit too douchey. Nothing is too douchey for Apple.
50. networkdood (Posts: 6330; Member since: 31 Mar 2010)
Hemlocke, admit it - APPLE copies....
29. SleepingOz (unregistered)
Have you tried yoga yet, bro? It seems to me that you're more obssessed by Samsung now. Like I told you before, I know they made the best products out there according to professional tech reviewers but your fanboyism is going a lil bit too far..
4. gallitoking (Posts: 4717; Member since: 17 May 2011)
Samsung has change their ways and wants to distance from Apple by making every product look like the S3. but bottom line.. it wasn't always like that.. TouchWiz origins, Galaxy tab and S2 are copy of Apple,,,
6. XPERIA-KNIGHT (unregistered)
yes and the move to the galaxy S3 was an indication that samsung KNEW they couldnt keep playing that game.....or else they would get caught
8. cripton805 (Posts: 1177; Member since: 18 Mar 2012)
Oh please. They dont look or resemble the iPhone at all. If I pick up a GS2 I wouldnt confuse it for an iPhone. Even if I was blind and had hold them. Lets not even get into the OS.
If anything the only thing they have in common is the home button on the same spot. I doubt anyone bought a Galaxy instead due to this similarity.
14. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)
Actually, I suspect it will start looking like iToys copy Sammy's toys. Starting with the larger screen size....
Something tells me that 2013 won't be the best year for Apple.
23. sithvenger (banned) (Posts: 371; Member since: 25 Aug 2012)
What about the gs1? Don't forget that it exists too. And looks a lot like the 3G/3GS.
27. big.e927 (Posts: 94; Member since: 21 Nov 2012)
But this isn't a lawsuit on just the S1, it's for everything that came out after it starting with the nexus, which is weird because it came with stock Android, nothing of Samsung's tampering. Anywho, if they were just targeting that one device (S1), it'd be a while totally different, but be as it may, and it isn't, then you sir; are wrong.
33. sithvenger (banned) (Posts: 371; Member since: 25 Aug 2012)
It's about the galaxy line of devices. As well as other devices and patents
31. MartyK (Posts: 732; Member since: 11 Apr 2012)
What about the LG Prada?, you never mention how Apple stole its design from LG and Sony..why not?
35. sithvenger (banned) (Posts: 371; Member since: 25 Aug 2012)
It's not about the prada but yes it inspired the iPhone...somewhat.
19. rusticguy (Posts: 2828; Member since: 11 Aug 2012)
Innovating by Copying and Improving upon competitor's product is what Lean manufacturing is all about ...
21. tedkord (Posts: 8006; Member since: 17 Jun 2009)
The S2 is as much a copy of the iPhone as the iPhone is a copy of the LG Prada.
7. idroidequis (Posts: 103; Member since: 23 Jan 2013)
They just both need to shut up and move on. Stop being little kids a decision was made now own up to your end and move on.
9. tiara6918 (Posts: 1946; Member since: 26 Apr 2012)
Never ending lawsuit between samsung and apple...here we go again
10. big.e927 (Posts: 94; Member since: 21 Nov 2012)
@xperia-knight I didn't think that I'd see.the day where we'd have yo disagree, but, let's get it over with... -sighs- Apple has been getting about 70 percent of the components that goes into the iPhone since the first one came out. For them to use similar it the exact piece of technology in their phones is within their rights because they do, in fact, MANUFACTURE the components in the first place. Ideas are a dime a dozen, as for the iconic "design" of the iPhone that is part of the lawsuit, it's stupid. Do you know why that is? The unique rounded edges, slim aluminum touch, the properly implemented screen aspect ratio of the iPhone... The.f**k do you expect Samsung to do, make a phone with the shape of a circle it a s**tty looking phone like the LG intuition? No man, phones keep evolving and only thing the Apple did was provide a new look for a phone. Everyone, I mean EVERYONE else took cues from the iPhone in one way it another. To say that Samsung stole from Apple although they sold them these things in the first place and to not use the.tech themselves would be a waste, it'd be the same as accusing musicians of stealing from others in terms of lyrics it a single pitch, to accuse a baseball player for swinging like another, accusing a soda company for using the same shape of a bottle. Bottom line is, once something new pops up it people so happen to gather what they already have and people use that idea and tweak it up abit, thus making it better than ever before and taking it to new heights? E v o l u t i o n. Trust me, sure as hell beats the hell out of sticking to the stagnant state of using "the same old thing" and moving towards "The next big thing". Moral of the story is, don't talk s**t about my brand...
11. big.e927 (Posts: 94; Member since: 21 Nov 2012)
-blah, at work and on my phone. Auto-correct kept putting "it" instead of "it". Use.your imagination kids.lol
13. XPERIA-KNIGHT (unregistered)
"The.f**k do you expect Samsung to do, make a phone with the shape of a circle it a s**tty looking phone like the LG intuition? No man, phones keep evolving and only thing the Apple did was provide a new look for a phone. "
Thats a copout son.......if you cant come up with your own design then dont do it all ........point blank period
also its not about just copying apple........Samsung CHOSE to "continue" to copy apples design UNTIL.........they began to get noticed, and like i said in the above post, it wasnt until the galaxy S3 that samsung made a move to THEIR OWN DESIGN.
So here is the question......
If samsung "made their own design" with the galaxy S3. then why couldnt they do that from the BEGINING!?
excuses are excuses bruh but samsung WILL be exposed for what they've been doing ............sorry
22. tedkord (Posts: 8006; Member since: 17 Jun 2009)
They did make their own design from the beginning, and anyone who could confuse a galaxy s for an iPhone spent most of their childhood chewing lead paint chips and licking windows.
44. sonyisdead (banned) (Posts: 30; Member since: 30 Jan 2013)
So why is Sony making phones then? Ever since Sony bought off all shares from Ericsson, every single Sony phones look like a Galaxy S2 or LG. Xperia Z? Complete know off of LG Optimus G. You Sony fanboys are the worst. But it doesn't matter. Sony has never been significant in the mobile world and they never will be. Just about everyone who used a Sony phone is extremely dissatisfied.
46. HouTexan (Posts: 407; Member since: 08 Jan 2012)
Exposed? You can't even be serious with the crap you've been spewing lmao!!!
30. SleepingOz (unregistered)
Don't mind him dude, he's just butt-hurt about the fact that Samsung is killing competition, sony in front line.
But well, you know what they said? "Baseless hatred is all about jealousy, which is just confused admiration."
15. big.e927 (Posts: 94; Member since: 21 Nov 2012)
Apples design? Clearly someone hasn't been reading, because Apple got the patent for rounded edges for a tablet a few months ago but it's circumstantial. Also, for Samsung to get sued for certain features in a phone which are a generic standard at this point, might as well sue Apple for making a cell phone for that can make and receive calls, text other phones, browse the internet. You don't see anyone being sued for that, do you? It's called FRAND patents, fairly reasonable and non-discrimanatory. What that means that if the features are a essential piece to the phones performance, then they can't just take it off, but instead, they have to pay a licensing fee. Review the HTC vs Apple ruling, it's while HTC is paying royalty fees. Also, the judge ruled that most of Apples patent claims were invalidated because the uspto United States Patent Trademark Office invalidated these patents themselves. Hell, Apple even tried to make a patent to the "Multi-Touch" features NAME. Apple is pety and greedy, thus there is nothing for them to gain from all of this because case in point, Samsung has (over)paid their dues, that said, it can no longer be stealing if theirs already a precedent process to these things. But yeah, to say that Samsung "stole" from Apple at this point is the same as me saying that @wendygarret should sue you for taking cues of her idiocy, because she's got "stupid" branded and copyrighted on her f**king forehead...
17. XPERIA-KNIGHT (unregistered)
lol at the wendy comment but yea dont worry man i said apple AND samsung are in the wrong here............not just samsung and apple is already paying their dues you can believe that lol
18. big.e927 (Posts: 94; Member since: 21 Nov 2012)
As long as we're clear and man is that chick dumb...
32. MartyK (Posts: 732; Member since: 11 Apr 2012)
You have Sony icon and defend the company the stole their design.
Switch hitter huh?..lol
47. HouTexan (Posts: 407; Member since: 08 Jan 2012)
And isn't Sony always bashed for "copying" Nintendo? EVERY company does it. It's the way the world of business works, idiot.
52. big.e927 (Posts: 94; Member since: 21 Nov 2012)
I haven't mentioned a thing about Sony, so I'll just assume that I'm not the one being called an idiot here.
53. big.e927 (Posts: 94; Member since: 21 Nov 2012)
Well, seeing how I haven't said anything about Sony, I'll just assume that I'm not the one being called an idiot here..?
16. Sniggly (Posts: 7296; Member since: 05 Dec 2009)
The denial of a new trial is completely bogus, but otherwise I'm pretty satisfied with these rulings. The damages should be reduced, at least.
34. InspectorGadget80 (unregistered)
Looks like the stupid btch come too her senses. After her senate hearing shes taking it easy on samsung now fears bout loosing her job. Wat now apple?!
36. Aeires (unregistered)
With all of Apple's "patents" being invalidated on a regular basis, at this point it might be easier to say what is left of the original trial instead of listing everything that's not allowed or thrown out.
37. jroc74 (Posts: 5673; Member since: 30 Dec 2010)
Everybody screaming copy cat....let me ask a question:
Remember when big screen TV's were all these floor model, huge boxes? Yea....they ALL looked like that from many manufactures.
Remember when they started getting thinner, no huge base......yea...they ALL started looking like that from many manufactures.
If the TV manufactures, industry can be more adult about technology....why cant Apple....? Take the name off the front of a TV and would would think every TV was a Sony, Samsung, LG, Toshiba, etc......cuz they all look alike. The only reall difference between them all is the bases....which most probably dont even know what it looks like unless you go and check right now.
Cable boxes....all look alike for the most part.
40. lyndon420 (Posts: 3180; Member since: 11 Jul 2012)
That will be next as apple may be entering the tv era soon...they invented it after all.
51. networkdood (Posts: 6330; Member since: 31 Mar 2010)
same with homes, table and chairs, cars, soda cans, books...lol....I am surprised no one patented on what shape a book can be....lol