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Samsung: We will appeal

Posted: , by Alan F.

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Samsung: We will appeal
Even though the verdict is in, that doesn't mean that the Apple v. Samsung patent trial is over. On Friday night, Korean based Samsung said that it would appeal the decision. Despite what you might think from watching Perry Mason, just losing a case doesn't mean that you can appeal. There has to be a reversible error committed by the judge in applying the law. An appeal can be made, for example, if the judge allowed in evidence that should not have been seen by the jury or did not allow in evidence that should have been seen by the jury. The shadow of Shin Noshibori looms large there.

"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."-Samsung
On the first day of the trial, Judge Lucy Koh even alluded to the appeals process when she heard complaints for the upteenth time from a Samsung attorney about her ruling against the admission of certain pre-Apple iPhone designs made by Samsung. The judge said that she had heard three motions on this issue and then told Samsung's attorney that they now had a record for appeal.

Samsung says that the verdict was not a win for Apple, but a loss for the American consumer and will lead to fewer choices. Samsung's statement included some pretty strong comments on the patent system and Apple. "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," said Samsung in an official statement.

Samsung said it would file with Judge Koh some post-verdict motions to overturn the verdict. If that doesn't work, and it rarely does, Samsung will file an appeal with the Court of Appeal. If the latter court believes that Sony's pre-iPhone designs or the slideshow made by Samsung should have been seen by the jury, the court could send the case back to District Court to be reheard. But that is all speculation. Tonight, Apple gets to celebrate while Samsung's attorney's pour over the transcripts looking for the opening that gets them a chance to appeal.

source: AllThingsD

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77 Comments
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posted on 24 Aug 2012, 20:46 18

1. phoenixpr (Posts: 167; Member since: 28 Mar 2012)


I hope so...

posted on 24 Aug 2012, 21:48 17

20. MeoCao (unregistered)


And now only iPhone can have pinch to zoom in the US?

posted on 24 Aug 2012, 22:24 16

29. frydaexiii (Posts: 1239; Member since: 01 Dec 2011)


Well, they're right...Oh well, good luck America, better rack up all the Androids you can cos over the next few months, you're gonna see Apple take HTC and the rest down too. And then it's iPhonation. God bless America.

posted on 24 Aug 2012, 23:01 5

32. MeoCao (unregistered)


I think SS can win the appeal, at least at some key utility patents. The jurors are not professionals and uphold the pinch to zoom patent. I think the Court of Appeal will overturn the decision as the evidence of prior art is overwhelming.

posted on 25 Aug 2012, 00:48 9

40. tedkord (Posts: 5110; Member since: 17 Jun 2009)


Juries get it wrong sometimes, mainly because they're limited to seeing what the court allows, while we at home get to see even the excluded evidence.

OJ got off because Barry Scheck was allowed to tell the jury that dirt in a blood sample could make it read as OJs DNA.

Likewise, Apple lawyers were allowed to tell the jury that Apple invented the rectangular phone, that there were no rectangular phones with a large touchscreen an a single home button before the iPhone. Samsung weren't allowed to show the jury the F700, or any of the prototypes they had prior to 2007.

posted on 25 Aug 2012, 00:55 4

45. MeoCao (unregistered)


OJ is in jail after all, hopefully pinch to zoom justice will be served.

posted on 24 Aug 2012, 23:42 4

36. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


not at all… hopefully this spurs samsung to innovate and develop new and exciting technologies as opposed to what apple created…

I am pretty sure samsung and htc will be able to make great phones without copying apple...

posted on 24 Aug 2012, 23:57 9

37. willard12 (Posts: 864; Member since: 04 Jul 2012)


And what did apple create???? Or are you giving them credit for prior art?

posted on 25 Aug 2012, 00:50 2

41. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


prior art? but they "created" the bounce back feature and pinch to zoom-- personally I am not sure if they did but legally they created it

therefore, samsung will have to create something new of their own that is hopefully a better solution

posted on 25 Aug 2012, 01:01 4

46. MeoCao (unregistered)


Apple's pinch to zoom patent is the same as some1 patents how to hold a pen in writing.

It's intuitive and existed long before Apple found out what touch screen was.

posted on 25 Aug 2012, 04:34 5

60. picka_vi_materina (Posts: 164; Member since: 21 Nov 2011)


Apple should patent the proper way of holding an iphone. Any other way is illegal with every other device.

posted on 25 Aug 2012, 16:56

75. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


well if patenting how to write was possible, yes it would be… if patents were allowed with such cases, it would be a legitimate patent… you cannot have the system in place and then get upset with apple for using it-- from this trial it can be seen that it was the smart thing to do

but there are other ways to do zoom such as with buttons, similar to the maps application on android devices

posted on 25 Aug 2012, 10:06

67. Aeires (unregistered)


Source Apple invented pinch to zoom, please.

posted on 25 Aug 2012, 16:52

74. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


i said personally I am not sure but legally they did as they just won the battle over it with samsung-- u can find that in a few articles back

posted on 25 Aug 2012, 22:02

76. Aeires (unregistered)


http://www.ted.com/talks/lang/en/jeff_han_demos_his_breakthrough_touchscreen.html

I seriously question the validity of Apple's patent.

posted on 25 Aug 2012, 22:12

77. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


I don't know what to tell you.. either apple filed the patent earlier of this person did not file one…

all I can say is the law found apple's patent to be valid, whether it is in reality is debatable… the legal stance is firm without an overruling

posted on 25 Aug 2012, 01:33 2

48. smartphonelover (Posts: 36; Member since: 26 Nov 2009)


You're funny. Cause the Droid Razr Maxx supposedly sold more on Verizon than the iPhone 4S. This will not be the end of Android or Samsung :) Do you really think that we would give up that easily?

posted on 25 Aug 2012, 06:18 2

61. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)


Apple can't win pinch-to-zoom. That's on Windows Phone too, which Apple hasn't even touched.

Android won't go down.

posted on 25 Aug 2012, 09:06 2

64. remixfa (Posts: 14060; Member since: 19 Dec 2008)


anyone who wants one OS to be the only OS sold has more than a screw loose. you have no idea what your talking about.. period.

posted on 25 Aug 2012, 14:11 1

71. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)


I have no idea what I'm talking about? What? I just said that Apple doesn't own pinch-to-zoom.

posted on 25 Aug 2012, 14:15

72. remixfa (Posts: 14060; Member since: 19 Dec 2008)


that was meant for fry, not for you :)

posted on 25 Aug 2012, 14:44

73. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)


Oh, loool. OK.

posted on 24 Aug 2012, 23:37 6

33. ardent1 (Posts: 1997; Member since: 16 Apr 2011)


Samsung nearly had a total shutout, but suddenly needs to appeal their poor performance.

If I was Samsung, I would fire the attorneys for being ill-prepared.

posted on 25 Aug 2012, 02:52 1

51. Mxyzptlk (Posts: 4019; Member since: 21 Apr 2012)


It's not unfortunate. I don't see RIM, Microsoft, Sony, and a few others getting sued.

posted on 25 Aug 2012, 03:00 6

53. MeoCao (unregistered)


Not until their market share reaches some critical level that makes Apple feel threatened.

posted on 25 Aug 2012, 08:10

62. frydaexiii (Posts: 1239; Member since: 01 Dec 2011)


Microsoft has a deal with Apple not to sue. Sony hasn't made a dent in Apple's wallet yet, and RIM is practically in a coma until BB10 is released. Did you really think this will end here? Apple tried to ban The HTC One X, and now that they've got their ego up , they're gonna try again. I guess Americans just love having a single dumbphone for their choice of phones then...

posted on 25 Aug 2012, 09:06 1

65. remixfa (Posts: 14060; Member since: 19 Dec 2008)


a single dumbphone

yea, your rooting for the iphone to be the only phone.. so yea, you like just a single dumbphone choice.

The rest of us like to have choices .

posted on 25 Aug 2012, 11:20

70. Mxyzptlk (Posts: 4019; Member since: 21 Apr 2012)


Choices are still there. Just don't infringe on patents.

posted on 24 Aug 2012, 20:51 28

2. ObjectivismFTW (Posts: 211; Member since: 03 Jul 2012)


At this point, I think it's safe to assume that Koh is getting iPaid ....

posted on 24 Aug 2012, 20:56 2

6. tedkord (Posts: 5110; Member since: 17 Jun 2009)


I don't think so. I think she was stung by having the case sent back to her and being ordered to reexamine it. I also think she made sure to leave both sides a lot of grounds for appeal. All in all, I think she just didn't want to decide this case, so she made sure it wouldn't end here.

posted on 24 Aug 2012, 21:27 2

12. Jay_F (Posts: 236; Member since: 29 Nov 2011)


It's a trial by jury, idiot.

posted on 24 Aug 2012, 21:52 2

22. ObjectivismFTW (Posts: 211; Member since: 03 Jul 2012)


Oh yes.. Becuase Koh never ruled the iPad and Galaxy Tab "virtually indistinguishable"

posted on 24 Aug 2012, 21:57 4

23. tedkord (Posts: 5110; Member since: 17 Jun 2009)


Which shows how objective she was, since the Tab was found not to be infringing on the iPad trade dress.

posted on 24 Aug 2012, 22:10 1

28. ObjectivismFTW (Posts: 211; Member since: 03 Jul 2012)


True, but the Galaxy Tab 10.1 was banned from June until this verdict as a result her deeming the two tablets "indistinguishable".. We are to conclude that the reason it was not found infringing ultimately was because the decision was brought upon an unbiased(hopefully) jury.

posted on 25 Aug 2012, 00:51

42. tedkord (Posts: 5110; Member since: 17 Jun 2009)


Because the jury got to see the Fidler tablet, the one Apple stole the design from.

posted on 25 Aug 2012, 01:18

47. ObjectivismFTW (Posts: 211; Member since: 03 Jul 2012)


Yes, but Filders tab, originally brought up by Samsung to prove the idea that the slate tablet had been conceptualized long before the iPad, had been REPLICATED(through a difficult process,supposedly) by an Apple expert witness to point out the key differences between it and the iPad. So I wouldn't say that Fidlers tablet completely swayed the jury towards Samsung, if they had not been swayed already, seeing how Apple was so prepared to counterattack. IMO the asthetic differences between the iPad and Galaxy Tab shouldve been enough to invalidate the patent application.

Ultimately, the effect of Fidlers tab can only fall to the realm of subjectivity, as we have not been made privy to the details behind the verdict. (Please correct me anywhere if I'm wrong, you seem like you actually know what your talking about)

Nevertheless, it stays true that the subjective views of the Judge affected the tide of the trial -- the temporary ban of the several Samsung devices already gave away the idea that Apple was destined to win Round 1.

posted on 24 Aug 2012, 20:53 7

3. speckledapple (Posts: 879; Member since: 29 Sep 2011)


epic verdict. I agree with the statement though that the patent system is fracked and any company especially Apple getting lawsuits for rounded corners is ridiculous.

posted on 24 Aug 2012, 20:53 5

5. Aeires (unregistered)


Inevitable. I'm more curious to see how the Korean trial plays out, Apple has to deal with their newest phone being banned there.

posted on 24 Aug 2012, 21:21 1

11. cncrim (Posts: 530; Member since: 15 Aug 2011)


Apple some what care korean ban, the big market is not korean market but north america and europe....... If i am apple, all i care is north america, europe, and asia market not too worry about korean one.

posted on 24 Aug 2012, 21:30 4

17. Aeires (unregistered)


Precedence.

posted on 24 Aug 2012, 21:07 9

7. NewWireless (Posts: 27; Member since: 08 Jun 2012)


Appeal or No appeal, Sammy, Google, Apple, will still make billions.........

So who is ready for that Windows phone 8 revealing!

posted on 24 Aug 2012, 21:07 8

8. lyndon420 (Posts: 1782; Member since: 11 Jul 2012)


No biggie...Sammy will prevail - not particularly a samsung fan myself.

posted on 24 Aug 2012, 21:28 2

13. Jay_F (Posts: 236; Member since: 29 Nov 2011)


Uhh, no it won't.

posted on 24 Aug 2012, 21:42 6

18. tedkord (Posts: 5110; Member since: 17 Jun 2009)


In the end, Samsung will win. They will remain the number one smartphone manufacturer (notice how their recent phones (sgs2 and sgs3) weren't infringing. They will keep innovating, Apple will keep litigating.

posted on 24 Aug 2012, 22:08 3

26. Jay_F (Posts: 236; Member since: 29 Nov 2011)


I'm talking Samsung not prevailing on future court rulings. There shouldn't be any doubt out there that Samsung will remain the #1 manufacturer for the foreseeable future.

posted on 25 Aug 2012, 00:52 1

43. tedkord (Posts: 5110; Member since: 17 Jun 2009)


They will prevail in the court room, too. Next time, the jury (or presiding judges) will get to see the F700.

posted on 25 Aug 2012, 03:06

54. MeoCao (unregistered)


Oh no, Apple will use this precedence to sue SGS2 and 3 and any other Android manufacturer it does not like.

posted on 24 Aug 2012, 22:01

24. dsDoan (Posts: 220; Member since: 28 Dec 2011)


Strong argument you have there, sir.

posted on 24 Aug 2012, 21:10 5

9. TheRetroReplay (Posts: 245; Member since: 20 Mar 2012)


I knew they would appeal and they should, Judge Koh would not let Samsung use evidence that would let Samsung defend themselves and she barely let Samsung defend themselves at all. She let Apple submit all the evidence and control the court almost the whole time and Samsung wasn't allowed to show much pre-iPhone evidence. She was very biased against Samsung for 95% of the trial and hope that when Samsung appeals they get a different judge who will let them submit evidence for a jury. They need Judge Posner, that guy knows what he's doing and maybe a different jury since this seems to be the same jury that let Casey Anthony off the hook.

posted on 24 Aug 2012, 21:18 5

10. hung2900 (Posts: 817; Member since: 02 Mar 2012)


Koh didn't intent to be bias, just passively. That's so clear.
Everyone knows double-tap-to-zoom and pinch-to-zoom are two basics of touch screen, how come she gave Apple the monopoly power?

posted on 24 Aug 2012, 21:28 8

14. Jay_F (Posts: 236; Member since: 29 Nov 2011)


She didn't give any power to Apple, the patent office did.

posted on 24 Aug 2012, 22:32 1

30. joey_sfb (Posts: 3113; Member since: 29 Mar 2012)


A patent office that award rectanglar drawing and deem it innovation.

I think the chimpanzee in the zoo should be able to do a better job.

posted on 24 Aug 2012, 21:30 3

15. Nookie4u (Posts: 131; Member since: 13 Aug 2012)


I've seen a few appeals and most of them don't work. too bad for samsung and it's copycat strategy. but what they say is right, there'll be less competition for Apple in the mobile market, that doesn't mean anything good for the consumers. (meanwhile, steve Jobs from the heavens is smiling) xD

posted on 24 Aug 2012, 21:43 4

19. tedkord (Posts: 5110; Member since: 17 Jun 2009)


If there is an afterlife, then I assure you its not the heavens Stevie its smiling from...

posted on 25 Aug 2012, 00:06 1

38. willard12 (Posts: 864; Member since: 04 Jul 2012)


As a dead beat dad, I don't believe Steve Jobs is in heaven....but I'm not the judge of that. But, he's probably laughing from hell thinking.."I can actually say that Apple has been shameless about stealing great ideas....and some guy will still go in to a comments section on a tech web site and call another company a copycat....what power I had over people."

posted on 24 Aug 2012, 21:30

16. mukrenol (Posts: 90; Member since: 03 Sep 2011)


So does that mean we will have top use a round, square, triangle phones from now on I'd we refuse to use apple products?

posted on 24 Aug 2012, 22:08

27. u-suck-more (Posts: 529; Member since: 26 Aug 2011)


a square phone is alr headed to the states lol the LG Optimus Vu:

posted on 24 Aug 2012, 22:03 3

25. a_tumiwa (Posts: 293; Member since: 16 Mar 2012)


anyone know who created the first LCD monitor for computer? that company can sue nearly all of lcd manufacturers (more than 100 i believe) because they use black border with nearly same design

posted on 24 Aug 2012, 22:55 2

31. Jillxz (Posts: 147; Member since: 04 Jun 2012)


The ijury loves Apple. So does the ijudge.

posted on 24 Aug 2012, 23:38 1

34. Johnnokia (Posts: 540; Member since: 27 May 2012)


The only company that no one dares to sue it, is NOKIA.

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