Judge Koh rules that Apple cannot force Samsung to reimburse it $16 million for legal fees
The attorney fees that Apple wanted Samsung to reimburse it for, were related to trade dress claims made by Apple against Samsung during the first patent trial. In total, Apple had four trade dress claims against its rival. Three dealt with the Apple iPhone, while the fourth claim revolved around the Apple iPad and Apple iPad 2.
For Apple to have been reimbursed for its legal fees covering the trade dress issue, the court would have had to find that the case was "exceptional." Instead, Koh found that Samsung might have reasonably felt that its use of some of the iPad's designs were based on function. Without an "exceptional" case, it would be up to the judge to decide on the attorney's fees. Koh made that decision in favor of Samsung.
The judge also released back to Apple, a $2.6 million bond posted by the tech titan in order to facilitate a sales ban against the Samsung Galaxy Tab 10.1. Just in case a sales ban needs to be reversed, the company requesting the injunction is asked to post a bond to make up for possible sales lost because of the ban. Earlier this week, both Apple and Samsung agreed to withdraw motions related to a ban on the aging tablet. The bond was originally posted by Apple in 2012, but no injunction was ever issued because of the long time it takes to go through the appeal process.
Earlier this month, Samsung and Apple agreed to drop all patent litigation against each other, outside the U.S.
1. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
God, let it end. These are my two fav tech companies, I don't want any bans.
4. Master-Mind (banned) (Posts: 22; Member since: 20 Aug 2014)
No thier not. Your favorite is Apple, you dwarf, genome. Fib.
7. Python212 (Posts: 242; Member since: 13 Aug 2014)
Top 3 iTrolls on PA are darkkjedii, Mxyzptlk & JackLee
darkkjedii said "The tech world caters to Apple" LOL
9. Master-Mind (banned) (Posts: 22; Member since: 20 Aug 2014)
Well said, and true.
Especially that Darkkjedii. That guy always gets away causing flamewars. And his offtopic BS.
10. Ninetysix (Posts: 1568; Member since: 08 Oct 2012)
Is there a reason why you had to create another account here in PA? What happened to your other accounts?
11. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
Dude, he doesn't think we know he's Arte 8800 AKA TrollTM. It's so obvious bro, just look at the content, and structure of his posts. Also, he joined yesterday, and every post has been an attack on me and my family lol. Dude, he's too transparent.
13. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
He then posts something like #5, as if I'm even gonna bother responding to that crap lol. This Arte guys has some serious issues. PA will shut him down in a bit. Let him have his fun for now.
15. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
Too funny ninetysix. He's even the ...? Thingy lol. For...?
67. joey_sfb (Posts: 2888; Member since: 29 Mar 2012)
Feeling a bit jealous that your nick is not among the honored iTroll Hall of Frame. LOL!!
51. InspectorGadget80 (Posts: 6397; Member since: 26 Mar 2011)
You're right he's a APPLE LOVER and he hates anything that will gets in Apple way.
83. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
Take it easy master mind. See you in 7, your Arte 8800 acct's back in 3 days. Be smart enough to stay gone until then. No more duplicate acct's now ya hear?
19. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
The top troll is Arte 8800/master mind/TrollTM/.Troll/?/darkjedi. Those are all his accounts, banned and current. He only comes here to be a irritant.
50. InspectorGadget80 (Posts: 6397; Member since: 26 Mar 2011)
I think you also forgot Wendy Python.
74. techperson211 (Posts: 598; Member since: 27 Feb 2014)
It only shows that Samsung is not some company that can be put down by silly patent B.S. Hate to say this but just as KARMA ,what goes around comes around. Give it a rest apple, Come to think of it when Steve left apple it was totally chaotic and almost dead, Thank goodness Steve was there to comeback but now all I see in apple are all wannabe catch up ripping off executives.
23. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
"No their not". Dumb ass, it's "No they're not". Arte the idiot, we can always count on you to be just that... An F'n idiot lol.
33. engineer-1701d (Posts: 831; Member since: 13 Mar 2014)
apple is just getting scared and wants some money publicly from samsung so they can have the publicity saying samsung infringed and owes apple so people will think samsung copied apple.
just let it end and start anew.
44. Vexify (Posts: 538; Member since: 16 Jun 2014)
Its perfectly fine to point a gun at your enemy in the business world. Just gotta ask the judge to pull the trigger.
Now only if that was possible for societal living.
2. azalucel (Posts: 89; Member since: 27 Dec 2013)
Apple quit whinning and die already. Ever since steve jobs died not even 3 years ago you went from almost 50% marketshare to below 12% no body wants to pay your rip off prices for your locked down os and proprietary accessories
3. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
They won't be dying anytime soon dude. You might wanna check the stock market before saying dumb stuff like that. Google: market share leader, Apple: profit margin leader. Both lead at the model they target. Apple 609 billion, Google 393 billion, these giants are doing just fine.
5. Master-Mind (banned) (Posts: 22; Member since: 20 Aug 2014)
But even if you can make that argument with a product that, to be fair, is basically Kool-Aid, how can this be the same when marketing a product specifically touting never-before-seen capabilities? Like, say, a fancy new phone where your entire campaign is based on all of the things it can do that your old phone can't? You know, like when Apple was advertising their iPhone 3G as, "Twice as fast. Half the price."
"how long will Apple lie, to thier customers for"...?
36. engineer-1701d (Posts: 831; Member since: 13 Mar 2014)
thats the genius in their marketing they never compare to other devices on the market because they know they have nothing they always word things so its better then the last iphone so if you like the old one you will like the new one, otherwise if you would pretend a apple commercial came out on tv it would say its 30 percent lighter as old iphone not other phone makers or its not as fast as some other makers but its faster then the last iphone. just watch the keynote with the beautiful trash can lol hahaha
18. azalucel (Posts: 89; Member since: 27 Dec 2013)
014/07/31/android-reached-record-85-smartphone-market-share-q2-2014-report/shows android at almost 85% and apple below 12% apple is dyeing just accept it!
22. Ninetysix (Posts: 1568; Member since: 08 Oct 2012)
You can't compare a mobile operating system to a company. Also what color should we dye apple?
24. azalucel (Posts: 89; Member since: 27 Dec 2013)
Yea you can if you put ios on an android phone who do you think is gonna sue you apple will cause they own it, and osx isnt doing any better why pay 1700 for a mac book 15 when you can pay 1500 and get way better specs on a windows...the cheapest mac is what 1100 the cheapest windows is 300
27. elitewolverine (Posts: 1538; Member since: 28 Oct 2013)
Not really because one is a free OS that anyone can use, while the other is controlled. That is like comparing the diluted, polluted air you breath, with say, a filtered gym or air controlled space. I could go on.
But no, Apple is a software company that has had great success in hardware, so much so google trys to replicate it with their 'nexus' lines and buying moto, that went well. Currently Google is a software/ad company first, with their revenue stream in an OS, and using others to get the word out.
Apple is not going anywhere.
37. engineer-1701d (Posts: 831; Member since: 13 Mar 2014)
google will be a hardware maker soon 11/2 to 2 years with silver and one just wait until jan 2015
34. jellmoo (Posts: 665; Member since: 31 Oct 2011)
Market share has nothing to do with profits though. Saying that Apple is dying is ridiculous when they are eclipsing everyone else in regards to profitability.
35. engineer-1701d (Posts: 831; Member since: 13 Mar 2014)
i truly think this iPhone 6 will do the opposite for them, so many apple fans don't like it normal non tech people and with the lack of tech in it i think a lot of people will open there eyes to other os providers
6. alrightihatepickingusernames (Posts: 355; Member since: 29 Dec 2013)
As far as I can remember Apple NEVER had 50% market share.
8. Master-Mind (banned) (Posts: 22; Member since: 20 Aug 2014)
Most people don't 'really' know why they like Apple or 'need' an iPad, but they do. This is where Apple crosses a line that you hardly see other companies systematically and continually use.
28. elitewolverine (Posts: 1538; Member since: 28 Oct 2013)
You mean like the majority of droid users? Sorry but over half the people i deal with dont even know the term android much less what version it is. Front line trooper here.
29. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
Let's see Arte's reply to that. I sometimes ask people what phone is that, and they'll say "it's an android", or they'll say "it's a cricket phone". The general public couldn't care less, it's us techies that know this stuff. With android dominating market share, they also dominate the general public too. Hmmm... 85% market share huh?
38. VZWuser76 (Posts: 1347; Member since: 04 Mar 2010)
Considering you're referring to android phones as Droids, I'm questioning whether you do. Android is an operating system, Droid is a line of android phones exclusive to Verizon Wireless. And if you were using Droid as shorthand for android, you wouldn't capitalize it. That is Verizon's deal, droid would be shorthand for androids.
46. Vexify (Posts: 538; Member since: 16 Jun 2014)
Take it easy there bro. No reason to get mad because he insulted Android users.
39. engineer-1701d (Posts: 831; Member since: 13 Mar 2014)
we all know the reason it was pushed as a break from the man company then its the college guys then the photo music and the stylish its expensive, its like a lambo everyone wants one but not to drive every day. just a status to say hey i also have one. when i am not on my bike i feel this when a bike gos by i want to shout out hey i am a rider also thats why apple people like it and they mostly dont have a tech bone in their body so they think its the right choice because people said yeah you got to get one or the apps on the weather or news.
45. Vexify (Posts: 538; Member since: 16 Jun 2014)
Is it WRONG to buy a product because you LIKE it?
Do I buy Calvin boxers over Fruit Of The Loom because Calvin has a higher thread count, synthetic fibers, and an 843xBt flex band?
No. I buy Calvin because I just simply f*****G LIKE THEM! Lol.
Whats so hard for you fan boys to understand? People like Apple and are gonna buy Apple because they WANT F***** Apple! Jesus lol. People are also going to buy Apple because they need a smartphone, tablet, MP3 player, or computer.
What is so hard to comprehend?
Stop being a hater.
/PSA rant over.
52. AfterShock (Posts: 2798; Member since: 02 Nov 2012)
I want off this planet now,
no better yet, I want you all off of MY planet!
56. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
POST OF THE YEAR, GOES TO: VEXIFYYYYYYYYYYYYYY!!!
Seriously dude, that was on point, there's not even an intelligent rebuttal to it.
59. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
Why no more sauce bro? I thought about changing mine, but if I did, it would break Arte 8800's poor wittle heart lol. He needs me, like the oceans need the tide.
60. Vexify (Posts: 538; Member since: 16 Jun 2014)
All my other forum accounts are under Vexify, my PS4 Major League Gaming account is Vexify related, and most of my usernames are under Vexify lol. I felt it was a tad bit simpler. It was time to retire Sauce. Used that name up until 2011 on most of my stuff lol. PA was the last of that.
Don't change your name :)
It's 100% pure fuel for the haters, like sunlight for vampires.
62. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
Lmao, gotcha, and I won't change it. I like the hate I get. When these fools can't piss you off tech wise, they fly off the radar with their attempts. They try their best to insult me into a tantrum, it fails, and they get limited for throwing the tantrum they tried to get me to throw. Good to see ya back though.
63. darkkjedii (Posts: 11037; Member since: 05 Feb 2011)
Oops, oceans need the moon to affect the tide. Man Arte's rubbing off on me.
66. VZWuser76 (Posts: 1347; Member since: 04 Mar 2010)
First, I'm not mad simply because he insulted android. I'm pointing out that, if you're going to call out people for not knowing anything about a product, maybe he should do the same. Droid with a capital "D" is the line that Verizon uses, not slang for every android phone. That wouldn't be much different than calling out "Galaxy" users for not knowing much about android phones. For the longest time, most people would call any touchscreen smartphone they saw an iPhone. I know because I've had it happen. Ignorance about mobile devices isn't limited to android users, and it's no different than people who call tissues Kleenex or adhesive bandages Band-Aids.
Second, is it also wrong if someone buys an android phone if they like it? Or a Windows Phone? Just as there are people who bash people for using an iPhone, there are people who bash others for using android, or WP, or even specific OEMS of either. I agree with you that people shouldn't have to justify their device choice, because they know what they need better than any anonymous person on the web. But if it's true for one, it's true for all.
68. Vexify (Posts: 538; Member since: 16 Jun 2014)
"I agree with you that people shouldn't have to justify their device choice, because they know what they need better than any anonymous person on the web. But if it's true for one, it's true for all."
Lol you might want to re think what you just said.
77. VZWuser76 (Posts: 1347; Member since: 04 Mar 2010)
Aaaannnnd you missed my point trying to act smart.
Do you not agree that you or I know what we need better than someone who knows nothing about us other than what we've shared on the internet? That was separate from the second part of what you quoted, which I will answer separately.
When I said, what's true for one is true for all, I was referring to post 45. You asked "Is it WRONG to buy a product because you LIKE it?" You're basically saying "Why is it wrong to buy an Apple product if I like it"? And I was saying if it's not wrong for you to buy an Apple product if you like it, then it's also not wrong for someone else to buy something else if THEY like it. In other words if your statement applies to you, it should apply to everyone. What's true for one (you), is true for all (everyone). Is that more clear for you?
My main point I guess is, all these people who are bashing people for their choice of device really know nothing about what that person may want out of their device. So why bash someone if they like android, or Apple, or Windows Phone, when it very well may serve their needs better than a device that someone who essentially knows nothing about them is recommending?
79. Vexify (Posts: 538; Member since: 16 Jun 2014)
Too much too read. Didnt bother reading two words. Sorry man, I dont care as much as you do. Enjoy your night and cheers :)
80. VZWuser76 (Posts: 1347; Member since: 04 Mar 2010)
Typical. Way to throw in you could be bothered to read two words. Amazed you could be bothered to type such a long response.
81. Vexify (Posts: 538; Member since: 16 Jun 2014)
You're over there writings essays while I'm over here not giving a ****.
84. VZWuser76 (Posts: 1347; Member since: 04 Mar 2010)
Apparently you have enough of a **** to reply again.
17. Armchair_Commentator (Posts: 135; Member since: 08 May 2014)
Nobody! ..except the millions of people who do