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Samsung plans on appealing the verdict of the second patent trial

Posted: , by Alan F.

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Samsung plans on appealing the verdict of the second patent trial
Even though Apple was awarded just $120 million after seeking $2.2 billion from Samsung in their latest patent trial, the latter manufacturer still plans on appealing the verdict, in an attempt to bring the award down to zero. John Quinn, a lawyer for Samsung, says that the verdict was "unsupported by evidence." The jury ruled that out of five patents that Apple claimed Samsung had infringed on, three were indeed used by Sammy without permission. Apple was found to have infringed on one Samsung patent, and ordered to pay its rival $158,000. The amount of the jury award to Apple was the eighth largest in the U.S. this year and the fourth largest for a patent trial.

Apple and Samsung can now each file with the judge, a request for a sales ban in the U.S. on products that were found to have infringed on the other firm's patents. Apple had been seeking $2.2 billion from Samsung while Samsung had filed a cross-claim for $6.2 million. In the first trial, Apple was awarded $930 million.

"Of course we’re pleased that the jury awarded Apple 6 percent of what they were asking for, but even that can’t stand, because Apple kept out all the real world evidence and didn’t produce anything to substitute for it, so you have a verdict that’s unsupported by evidence -– and that’s just one of its problems."-John Quinn, attorney for Samsung

source: Bloomberg

38 Comments
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posted on 07 May 2014, 00:54 2

1. Ashoaib (Posts: 2318; Member since: 15 Nov 2013)


Yeah, true! It should be 120$ only not million

posted on 07 May 2014, 02:05 2

19. flipjzn (Posts: 175; Member since: 22 Jun 2012)


Or a bigger fine? Lol
Good luck Samsung :)

posted on 07 May 2014, 00:56

2. ajac09 (Posts: 1367; Member since: 30 Sep 2009)


Id just had pay it raised cost of dealing with apple and get my lawyers in place for the bigger battleground.. in the sales department.

posted on 07 May 2014, 00:59 1

3. NokiaFTW (Posts: 2047; Member since: 24 Oct 2012)


Will this Apple vs. Samsung drama ever end?

posted on 07 May 2014, 01:10

7. xperiaDROID (Posts: 5579; Member since: 08 Mar 2013)


Yes, when the Apple is rotten and Sam is tired of singing song.

posted on 07 May 2014, 06:49 1

33. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


When will this patent troll company plummet

posted on 07 May 2014, 05:09

29. Altair (Posts: 325; Member since: 02 Feb 2012)


It will end as soon as Shamesung stops stealing. It is as simply as that.

posted on 07 May 2014, 06:54 3

34. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


Lmfao

The patent troll company which every tech sites and every Oems in the world knows that Apple steals what belong to others

The company that wants no Oems to succeed
Apple hates competition

Apple loves dictatorship

Everyone wants democracy

So sad to know that Apple has inclined you like them

posted on 07 May 2014, 01:01 4

4. 0xFFFF (Posts: 3383; Member since: 16 Apr 2014)


Samsung has a long history of stealing and copying and fighting/delaying in courts, finally settling after years when they've gotten all the benefits of stealing and copying.

In a nutshell, Samsung's business model is: 'Infringe First and Stall as Long as Possible'

http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war

posted on 07 May 2014, 01:08 3

6. fzacek (Posts: 1944; Member since: 26 Jan 2014)


There are things about technology that should be shared instead of patented and claimed. Samsung usually doesn't copy other OEM's, they just use the technology that is available to them, just like any other manufacturer would do.

posted on 07 May 2014, 01:18 4

11. 0xFFFF (Posts: 3383; Member since: 16 Apr 2014)


I guess you missed that huge document Samsung made about the iPhone and how to copy it? While what you say may be true in some general sense, Samsung definitely ripped off Apple and copied many things about the iPhone, about how Apple advertises, how Apple does marketing, etc. All of which basically resulted in massive profits for Samsung.

IMO, the biggest negative of how things work now in the "first to file" patent system is that many small businesses are no longer viable, due to the high costs of related to patents/IP. These big giants may fight and fight, but the real casualties are not in the news.

posted on 07 May 2014, 01:27 4

14. Droid_X_Doug (Posts: 5878; Member since: 22 Dec 2010)


"IMO, the biggest negative of how things work now in the "first to file" patent system is that many small businesses are no longer viable, due to the high costs of related to patents/IP."

First-to-file benefits the large, established companies who know all about a particular technology. Their scientists can predict where opportunities exist for new innovations and can pre-emptively file. First-to-file does not require the patent application to provide a working prototype, so there is no bar for filing a bunch of patent claims that tie up potential applications of a particular technology.

One step forward and two steps backward, IMO.

posted on 07 May 2014, 02:20 1

21. 0xFFFF (Posts: 3383; Member since: 16 Apr 2014)


Strongly agree. Big business legislated a huge tilt of the table in their favor with "first to file".

In the bigger picture, big business basically killed one of the fundamental pillars of the American dream -- the ability of the individual to utilize "Yankee know how" to make something new and receive the benefits of doing so.

posted on 07 May 2014, 02:17

20. willard12 (Posts: 833; Member since: 04 Jul 2012)


I guees you missed "good artists copy, great artists steal."

posted on 07 May 2014, 01:21 2

12. wilsong17 (Posts: 982; Member since: 10 Mar 2013)


Wait you mean to tell me my note 3 who is 5.5 inch is a copy of the iPhone

posted on 07 May 2014, 01:51

17. Droid_X_Doug (Posts: 5878; Member since: 22 Dec 2010)


Actually…. If Apple does in fact produce a large-screened (5.5 inches, anyone?) edition of the iPhone, they arguably are infringing on a Sammy innovation. I wonder if Sammy managed to file a design patent on the phablet concept?

posted on 07 May 2014, 02:59 2

26. Napalm_3nema (Posts: 1181; Member since: 14 Jun 2013)


Huge difference between similar sizes (5.5" iPhone and a Galaxy Note) vs completely copying trade dress (iPhone and Galaxy S).

posted on 07 May 2014, 01:28 3

15. Ashoaib (Posts: 2318; Member since: 15 Nov 2013)


Keep saying that and law will keep finding that apple also has a long history of copying/stealing... read the full story, it says apple also found copying/ infringing samsung

posted on 07 May 2014, 02:22

22. Lt.Green (Posts: 388; Member since: 13 Mar 2014)


+1 The article from Vanity Fair was so one sided, Apple is no better.

posted on 07 May 2014, 02:24 1

24. 0xFFFF (Posts: 3383; Member since: 16 Apr 2014)


In the big picture, I am no fan of Apple. But in this particular case, or set of cases, it seems pretty clear that Samsung ripped off Apple, lock, stock, and barrel.

posted on 07 May 2014, 02:23

23. 0xFFFF (Posts: 3383; Member since: 16 Apr 2014)


And if you read the Vanity Fair article, you will see how Samsung uses its own patents as part of the "stalling" process.

posted on 07 May 2014, 02:26

25. Ashoaib (Posts: 2318; Member since: 15 Nov 2013)


And as if it is hidden & no one knows how apple uses/trolles its patents?

posted on 07 May 2014, 03:09

27. 0xFFFF (Posts: 3383; Member since: 16 Apr 2014)


One cannot look at every right/wrong in the same court case. Maybe it would be better if we could. But we can't. And unfortunately due to changes in the US patent system where it is now "first to file", we will see eventually thousands, if not millions, of terrible patent lawsuits for things that should never have gotten a patent in the first place.

Take for instance, Amazon patenting a basic photo studio setup that has been use for over 40 years.

http://www.dpreview.com/news/2014/05/06/did-amazon-just-patent-the-seamless-background-setup

posted on 07 May 2014, 05:14 2

30. engineer-1701d (Posts: 1078; Member since: 13 Mar 2014)


And apple has a long history of copy and steal everyone and then sue them saying they made it and did it first. Samsung won this one but still apple needs to know there place and be shutdown to stop them from killing off smaller company's and not paying for things they use Samsung's 3g pattern was said to not matter because its a frand pattern and company needs it to sell anything but apple tries to sue anyone that has a rectangular phone saying they came up with it f you apple your company is doomed to fall again like the 90's

posted on 07 May 2014, 01:05 1

5. fzacek (Posts: 1944; Member since: 26 Jan 2014)


I wouldn't really have a problem if both companies just banned each other's products and stopped producing them. Just saying...

posted on 07 May 2014, 01:11

9. xperiaDROID (Posts: 5579; Member since: 08 Mar 2013)


Then it will be the rise of Sony, LG, HTC, Oppo etc. Huehuehuehue...

posted on 07 May 2014, 01:11 1

8. joey_sfb (Posts: 3011; Member since: 29 Mar 2012)


Of course they are going to appeal. I am 100% certain that Apple would appeal too! They are going after the holy grail. Ban all possible forms of competition.

Its just business. For an average consumer like me its still value for money.

posted on 07 May 2014, 01:31 1

16. Ashoaib (Posts: 2318; Member since: 15 Nov 2013)


Yes, I care about value for money not about whoes patents are infringed

posted on 07 May 2014, 03:14

28. 0xFFFF (Posts: 3383; Member since: 16 Apr 2014)


Not really. If there is one producer of a quality good and no substitutes, and high demand, then you will likely end up more value for your money.

What you are talking about is price, i.e. the ability for some company to make cheap knock-offs, as Samsung did.

It is only recently that Samsung has succeeded in copying Apple so completely that even their prices are close to the same.

posted on 07 May 2014, 14:26 1

38. Ashoaib (Posts: 2318; Member since: 15 Nov 2013)


You are a fool or just sounds fool? "Succeeded in copying apple so completely" so apple has dotted pattern back cover? Super Amoled screen? removable back cover? 13/16mp camera? 2gb/3gb RAM? Memory card expansion? Removable bettery cover? Andriod with touchwiz? 5.1 or 5.7 inch screen?..... wah wah wah, no doubt thats really a complete copy

posted on 07 May 2014, 01:16

10. Droid_X_Doug (Posts: 5878; Member since: 22 Dec 2010)


Sales ban is not gonna happen while an appeal is pending. Apple asked for a sales ban the last time around. And they got bupkis.

posted on 07 May 2014, 01:23 1

13. joey_sfb (Posts: 3011; Member since: 29 Mar 2012)


Sales ban is bad for the consumer. Its give one party a direct monopoly.

posted on 07 May 2014, 02:05

18. flipjzn (Posts: 175; Member since: 22 Jun 2012)


Good luck! i hope the jury doesnt end up with bigger fine instead. Lol

posted on 07 May 2014, 05:19 2

31. engineer-1701d (Posts: 1078; Member since: 13 Mar 2014)


As the jury go hone to there new apple products in the mall Lil. "O no I bought that before the trail, I had a few thousand put a side for a new phone and computer and TV box" sure u did. I bet apple will sue Samsung when they release a TV saying apple did led first

posted on 07 May 2014, 05:49 1

32. papss (unregistered)


SS give it up already.. you lost many many times. Just pay and move on.

posted on 07 May 2014, 07:45 2

35. networkdood (Posts: 6282; Member since: 31 Mar 2010)


Seems like you missed the part where Apple plans to appeal this verdict....oops

posted on 07 May 2014, 11:29 1

37. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


Apple still doesn't learn, they was saved by the President, or else Apple would had to stop selling iPhones

posted on 07 May 2014, 11:02

36. PBXtech (Posts: 980; Member since: 21 Oct 2013)


Both sides need to pay each other the millions awarded by this trial, then move on. I think everyone is fed up with this case, it's time to start acting like adults and going back to work making products for the consumers.

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