Judge tells Samsung and Apple it’s time to make peace before both companies get hurt
According to the judge, if the main goal was to raise awareness about their respective IP, then Apple and Samsung’s mission is already accomplished. Going “all the way” could actually result in negative consequences. What could those be? Samsung naturally could end up having to pay Apple money (though probably nowhere near the amounts that Apple asked for) or have to change some of its phones to comply with a ruling. But Apple might also lose several of its patents and trade dress claims, some of which it is relying upon to sue other companies over.
Perhaps the most likely outcome is a hung jury; in a Federal court the decision must be unanimous (even in civil litigation), and with as many false starts, prior art, and differing timelines as the sides have shown it’s entirely possible that the jury simply won’t be able to agree with either side. In that case both Samsung and Apple would be out a lot of money for legal bills, and Apple at least would suffer from a greatly diminished fear of their IP.
Both sides agreed to arrange talks (presumably via teleconference), but Judge Koh has already got the two sides to talk several times before to no avail. Now that they’ve each seen what the other side is bringing to court, will they finally manage to work out a deal? We’re hopeful, but not optimistic…
source: Twitter feed
1. D.Aceveda (Posts: 332; Member since: 30 Jun 2012)
Steve Jobs would roll in his grave if Apple made peace with Samsung/Android
11. Santi_Santi (unregistered)
Thats not true! its a cover because Apple doesnt has a case and Samsung is showing evidence of prior art, wicht nullifies Apples charges. Apple bought this case but now, even Koh is able to rule against Samsung...
12. D.Aceveda (Posts: 332; Member since: 30 Jun 2012)
That makes no sense and has nothing to do with what I said.
15. KParks23 (Posts: 395; Member since: 13 Oct 2010)
Well going by what the judge is saying she feels apple will not win this case and she prolly feels samsung will not win also and a hung jury will just cost everyone money.. And plain and simple that's what's going to happen
30. Droid_X_Doug (Posts: 5154; Member since: 22 Dec 2010)
Meh. This is just another attempt to get Apple and Sammy to settle. There are too many egos tied up in this case for there to be a settlement. Apple will spend every last dime it has and so will Sammy. Be ready for this to go to the Supremes. The only way this settles is when all appeals are exhausted.
36. Mxyzptlk (Posts: 2741; Member since: 21 Apr 2012)
They don't deserve peace after stealing Apple's designs and infringing on their patents. Samsung brought it on themselves, so they need to do like every other oem and pay royalties on the patents they are using.
41. structureman116 (Posts: 134; Member since: 14 Sep 2010)
Hahaha...based on this comment, you are either a comedian or an idiot. I'm pretty sure you're not the former!
42. MISTER.H (banned) (Posts: 167; Member since: 03 Aug 2012)
Go educate your self, and knowledge ur horizon
befor posting bogus posts. Sorry refering to post 36 mxyzptlk
56. Mxyzptlk (Posts: 2741; Member since: 21 Apr 2012)
There's nothing bogus. Samsung copied Apple a lot with their earlier Android phones. When I first saw a Samsung Android phone I thought it looked so much like an iphone.
60. structureman116 (Posts: 134; Member since: 14 Sep 2010)
The first Apple criphone was a copy of a Sony design and mimicked a Samsung F700 only without a sliding physical qwerty. Apple specializes in "stealing" others ideas and making them better...only now they cannot keep up with Samsung Android devices because they are spending too much of their money on stupid BS lawsuits instead of being innovative and trying to design a better phone.
46. Berzerk000 (Posts: 3509; Member since: 26 Jun 2011)
Apple does have a right to defend their patents and collect royalties from those who do use them. But some of those patents shouldn't have been issued in the first place, because they are way too general and are nearly impossible to not use. I mean really, they are suing over a black rectangle. You can't patent a shape, or a color. The icons I can agree with, Samsung should've used some different icons.
57. Mxyzptlk (Posts: 2741; Member since: 21 Apr 2012)
Why shouldn't they? If its their design they deserve to have a patent for it if they patented it. It goes beyond a simple rectangular shape.
58. Berzerk000 (Posts: 3509; Member since: 26 Jun 2011)
This is what they are suing Samsung for; a rounded rectangle, with the display centered inside that rectangle, and a physical home button. That is way too general. The home button I get, that has been a sort of trademark for Apple, the circular home button. But a rectangle with rounded edges and a centered display? That's ridiculous. It really doesn't go deeper then that. The similarities in hardware end at a rectangle, which Apple shouldn't have a patent for a shape. Software is a different story.
What else is everyone supposed to use as a shape for their devices? A square? Like the Pantech Pocket? That's horrible and very unattractive. Why should everybody have to pay Apple just so they can make a device with the only PRACTICAL shape for a smartphone? That isn't right.
45. MISTER.H (banned) (Posts: 167; Member since: 03 Aug 2012)
I think the judge kohl sees that Apple will loose as Sammy started
pouring out evidence, that's why she suggested a peace talk. Or
she may have been consulted by Apple for it. Not sure, maybe she
has done that for the benefit of her country, USA!
53. anywherehome (Posts: 971; Member since: 13 Dec 2011)
NO! never make a deal with rotten krApple just because of stupid patents.....not a penny to greedy, lying, stealing, bribing, corrupting, rotten Apple
Apple has ever invented NOTHING so they deserve NO money from "their" patents!
2. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)
Big-boy pants. That made me laugh. XD
Anyway, I'm glad that this is happening here. I really just want this trial to end. It's stupid.
4. CharlieAtInfinity (Posts: 253; Member since: 10 Apr 2012)
I dont think a company like Apple can make peace with Samsung...
23. gallitoking (Posts: 4630; Member since: 17 May 2011)
as long as they can do business I am fine
6. GuiltyBystander (Posts: 199; Member since: 05 Mar 2012)
I really hope things turn out well.. But I doubt.
7. Luuthian (Posts: 166; Member since: 09 Sep 2011)
I'd actually prefer neither makes peace. The money Samsung would need to pay Apple is negligible. If there's a likelyhood that Apple will lose the right to several of its goofy patents, I say go it. Not only will it dimish the fear of being sued by them but it'll open the road for other developers get more creative, and less restrictive, with their devices. There won't be this awkward sword hanging over everyones heads simply because they decided they wanted to swipe an icon horizontally to open a phone.
8. maxican16 (Posts: 361; Member since: 29 Sep 2011)
Going thermonuclear doesn't leave much room for peace. Apple's head is too big.
9. InspectorGadget80 (Posts: 5468; Member since: 26 Mar 2011)
For once the judge done something right. APPLE better makes piece or SHE WILL DROP THE CASE ON THEIR A$$
10. -box- (Posts: 3536; Member since: 04 Jan 2012)
I wonder if she is saying that because of compelling evidence one way or the other, or to actually try to end the misery? Everything Samsung has brought before the court has seemed very interesting, so I'm wondering if she's doing this as a protective measure for Apple (or even Samsung, depending on the mood & beliefs of the court?)
13. XPERIA-KNIGHT (Posts: 2384; Member since: 08 Aug 2012)
could be......but great advice has been laid out there.....Now its time for apple to swallow its pride and accept it or suffer the consequences.... period
44. MartyK (Posts: 665; Member since: 11 Apr 2012)
Yes she knows Samsung has Apple throat, and there is nothing she can do to stop this choke hold...lol
51. Droid_X_Doug (Posts: 5154; Member since: 22 Dec 2010)
If there was compelling evidence either way, summary judgement would have been granted. The statement that both sides have something to lose is more rhetorical than anything. Both sides of any litigation have something to lose if the case goes against them - you don't file a lawsuit if you have nothing to lose (or have already lost).
16. speckledapple (Posts: 877; Member since: 29 Sep 2011)
Now it has become interesting. It seems that the case for both companies has surely been made and like the article said both would lose out. This would be hurtful for both companies yes as Samsung would be admitting to infringing by paying but the real loser would probably be Apple and its lost patents and future litigation against other companies for things they simply no longer own and can no longer claim.
Knew this case would have wide ranging effects and it looks like its true.
18. kingpet13 (Posts: 139; Member since: 02 Feb 2012)
I'm surprised koh is trying to end this. Did apple stop paying her or something? :P But seriously I hope that they work something out. I just can't see this case doing any good for anyone. I do see it hurting samsung apple and the consumer? F*** apple for starting this mess(I will take that back if they reach a reasonable agreement with samsung that helps everyone).
20. Berzerk000 (Posts: 3509; Member since: 26 Jun 2011)
This is just stupid. Apple needs to stop. Apple will never make peace with Samsung until they get their money, because they are greedy. Yes, Apple does have a right to protect their patents, but the question is; was it right to have those patents issued in the first place? No, it wasn't. I mean, really, they are partly suing for a black rectangle, and a display centered in that rectangle. That's ridiculous. As for the icons, yes, Samsung did copy some icons, I won't object to that. But here's the thing, they copied icons almost 2 years ago, Touchwiz has changed since then. Why didn't Apple sue them then instead of now? It's because Samsung is a threat now.
The truth is; Apple couldn't care less if Samsung copied icons or designs. Samsung copied Apple with the Galaxy S, 2 years ago. But they are only suing them now because NOW they are posing a threat with the Galaxy Note (5.3 and 10.1) and GS3. Just now, they are suing them for a device that is 2 years old and isn't even being sold regularly anymore. I know the Galaxy S isn't the only device they are going against, but it's one of the main ones.
Apple doesn't want compensation from Samsung because they feel like they cheated them out sales by copying, they want Samsung's money to slow them down so Apple can catch up easier. Instead of Apple using it's own money (which they have ALOT of) to make better products, they are trying to take Samsung's money to hinder them.
The judge should drop the case, order Apple's ridiculous patents be revoked, and have Apple quit being a brat. Apple isn't innovative anymore. They're just a patent troll. If they get their silly patents revoked, they won't be able to use them, and maybe they will start inventing better products. If Apple doesn't surprise everyone with the 6th gen iPhone, it'll all go downhill from there. Good luck Apple, I still have hope for you, try not to disappoint.
26. richardyarrell2011 (banned) (Posts: 510; Member since: 16 Mar 2011)
I knew this was all nothing but fluff. I applaud Samsung for standing up for their brand and not being bullied by apple. This is a valuable lesson being taught to apple. They can go piss on themselves.
28. gallitoking (Posts: 4630; Member since: 17 May 2011)
as for me I would be more than happy to have them settle outside court.. Tim Cooks said one time that he rather settle than suing.. so now is the time, and as for Samsung well.. they need to pay their designer overtime and sent her on a vacation and start producing the A6 chip with quickness I want my iphone...
64. InspectorGadget80 (Posts: 5468; Member since: 26 Mar 2011)
why the hell do you care and this makes u happy? you've been BASHING SAMSUNG and Android on every single freaking article. you're NOT even getting anything out of this case
68. jp26sx (Posts: 14; Member since: 07 Mar 2012)
It seems to be all about him and his iphone. No true understanding of the politics or the true nature of this lawsuit.
It is that same ego that's going to get apple in trouble.
Did you ever notice how apple fans are like cults... they can't see the bigger picture.
btw inspector.... meant to give you a thumbs up and miss clicked :-( sry.
29. MISTER.H (banned) (Posts: 167; Member since: 03 Aug 2012)
I'm waiting for the new iPhone, with A5x or the A6!
if it's the same as iP4s. No way.
33. Aeires (unregistered)
If Koh really is unbiased, based on the evidence Samsung brought out, every iProduct should be banned for violating hardware patents. She banned a tablet based mostly on appearances and that's minor compared to what Apple did.
37. joey_sfb (Posts: 1862; Member since: 29 Mar 2012)
She did not denied that she view samsung as infringing apple design patent whether she has merit on it will need to ask design patent lawyer.
We layman think its stupid but the law trained person might think otherwise.
And you are right, she is changing her mind on apple having a clear advantage in this lawsuit and warn apple about, wish she could provide the same amount of guidance to samsung. She has basically denied,revoke most of samsung motions and issued a premature injunction. If she has politic rival, it could be her undoing.
35. remixfa (Posts: 13901; Member since: 19 Dec 2008)
(.......................................,,,,,,) this much hope they both agree to fix their grievances...which they pretty much already have (at least for Apple's complaints to samsung.. not sure about samsung's complaints to apple.) agree to not step on each other's toes again and go their separate ways.
() that much optimisim that the above will actually happen.
47. MartyK (Posts: 665; Member since: 11 Apr 2012)
This judge is trying to trick Samsung in order to save Apple.
Samsung has all the appeals they need to get all of Apple wins voided; not to mention can get another trial in order to get the F700, LG Prade and Sony-Style Iphone enter into evidence as a show of prior art.
Samsung would be a fool to settle with Apple.
54. Baseballer (Posts: 126; Member since: 07 Dec 2011)
Anyone got a link to the trial with live updates?
66. MartyK (Posts: 665; Member since: 11 Apr 2012)
Here you go, once the trial starts you click on the home page in it will load the blog up. or you can recap the whole trial from day one if you like.
59. whysoserious (Posts: 311; Member since: 20 Jul 2012)
I would love to see Apple lose its patents and trade dress claims. Tim Cook would definitely wet his big-boy pants when that happens.
67. TheRetroReplay (Posts: 236; Member since: 20 Mar 2012)
More than likely what's going to happen is that Apple is going to lose a lot of its silly patents that should never of been granted in the first place and a lot of pending cases Apple has now will be less effective or possibly thrown out.
Samsung may have to pay for any valid patents and may have to pay Apple's legal fees.
Apple has the most to lose, if their patents are invalidated then all the money they poured into these lawsuits would be for nothing. And honestly, they should never of been given the patent to a black rectangle or the patents to other shapes.