x PhoneArena is hiring! Reviewer in the USA

Samsung seeks mistrial as damages retrial goes to jury

Posted: , by Alan F.

Tags :

Samsung seeks mistrial as damages retrial goes to jury
Both Apple and Samsung presented their closing arguments on Monday, as the retrial between the two rivals was sent to the jury on Tuesday for deliberations. During the original trial, the jury found that several Samsung devices did infringe on Apple's patents. When determining the damages to be awarded to Apple for each infringing Samsung device, the original jury got confused and miscalculated the damages awarded to Apple. The latter received one damage award on some devices even though these particular devices were found by the jury to have infringed on multiple patents.
 
Judge Lucy Koh vacated $400 million of the $1.05 billion that the jury awarded Cupertino based Apple. Now, Apple is seeking a $380 million award while Samsung believes it is only responsible for an additional $52 million to be added to the $650 million that still remains due Apple from the first trial.

Meanwhile, Samsung requested that Judge Koh call a mistrial after statements made by Apple legal representative Harold McElhinny during his 90 minute closing argument. The attorney said that U.S. television manufacturers ended up going bankrupt because they did not protect their patents. Samsung took this as a racial statement and requested the mistrial, which Judge Koh denied. "I don't think what occurred rises to the level of a mistrial, but some remedy might be appropriate to avoid further issues later on," the judge said.


source: AppleInsider

55 Comments
  • Options
    Close






posted on 19 Nov 2013, 19:38 14

1. JojoGo101 (Posts: 211; Member since: 17 Dec 2012)


I see. Well we know the truth folks, it is evident that Apple went into the future and copied Samsung and is now trying to sue Samsung. Nice try Apple. I got you.

posted on 19 Nov 2013, 20:14 6

6. xperiaDROID (banned) (Posts: 5629; Member since: 08 Mar 2013)


Typical greedy hungry-for-money evil fruit, nothing so special about it. :)

posted on 19 Nov 2013, 20:47 1

10. darkkjedii (Posts: 23003; Member since: 05 Feb 2011)


We'll they're about to get fed lotsa $$$

posted on 19 Nov 2013, 21:10

14. Dexxter (Posts: 10; Member since: 04 Nov 2013)


You're being sarcastic, right?

posted on 19 Nov 2013, 23:49 5

33. Ashoaib (Posts: 3229; Member since: 15 Nov 2013)


Apple can sue on what ever until it is in US... their justice system is very biased... Apple lose every where in the world but US law and courts only favor US, one eyed monters... Apple can sue on sh*t as well, be careful samsung when going to toilet, it may resemble apple's

posted on 19 Nov 2013, 23:59 1

35. Taters (banned) (Posts: 6474; Member since: 28 Jan 2013)


Thanks to a lot of dumb asses with entitlement issues.

posted on 20 Nov 2013, 07:31

53. silencer271 (Posts: 254; Member since: 05 Apr 2013)


spoken like a true idiot. You dont know how R&D works do you? I am assuming not.

posted on 19 Nov 2013, 19:46 6

2. stealthd (unregistered)


Samsung is just getting desparate

posted on 19 Nov 2013, 19:47 5

3. twens (Posts: 1002; Member since: 25 Feb 2012)


Look Samsung. Pay those losers already and focus on giving me a 64bit note 4 next yr. Those of us who have tried your phones know you are light years ahead of the competition. Money is not your problem. Innovate more and destroy your haters. Word!!!

posted on 19 Nov 2013, 20:48 1

11. darkkjedii (Posts: 23003; Member since: 05 Feb 2011)


Word!!! Lol

posted on 20 Nov 2013, 00:01

36. 21babydoll12 (unregistered)


1st of all when you are an well renown international company (APPLE) that holds hardware design in your own home country (USA). A foreign company (LG) would not sue you for design patent since they do not have a patent in that country (USA).

Furthermore, before the birth of the iphone. Many years of R&D was done before the release of the iphone smartphone. This is relevant because in western business methods; funding R&D attributes positive returns. All which APPLE has documented. More so then SAMSUNG or LG. Although this is only supporting evidence, their main evidence is that they PATENT 1st in USA before anyone did.

CASE STUDY NINTENDO: Filing for the trademark name GAMEBOY even before its USA/international announcements. Its what you call having a really good legal and marketing team.

With all this being said, LG can not and will not legally sue APPLE for design patent infringement in the USA since they never owned a design patent for their beloved PRADA smartphone nor did they officially announce and clear the phone through the FCC. Furthermore, PRADA design house would be the original physical design owners in conjunction with LG.

I hope this clarifies your gathered intel a bit more. CHEERS!

posted on 19 Nov 2013, 19:50 9

4. jroc74 (Posts: 6019; Member since: 30 Dec 2010)


Love how the charts leave out the F700....

I await someone to chime in and say it came out after the iPhone....

:)

And this iPad :

http://www.engadget.com/2006/03/09/samsung-digital-picture-frame-stores-pics-movies-music/

http://www.engadget.com/2009/03/05/samsungs-nano-powered-q1ex-umpc-loses-its-qwerty-at-the-fcc/

Let the copying debates begin!!!!!

posted on 19 Nov 2013, 20:11 7

5. Pings (Posts: 303; Member since: 19 Dec 2008)


Those devices were not allowed in the trail. To me it looked like a Kangaroo court for that reason.

posted on 19 Nov 2013, 20:22 12

7. vincelongman (Posts: 4832; Member since: 10 Feb 2013)


What did expect, US company + US court + US jury Vs Korea company.
Apple lost in every other country, they even had to post on their UK site that Samsung didn't copy them.

posted on 19 Nov 2013, 20:39

8. stealthd (unregistered)


Not sure where you going with this. . .

F700 DID come out after the iPhone, are you disputing this? iPhone was first shown off in January 2007 and sold in June, F700 was shown off in February and sold in November.

The picture frame is irrelevent, because even if Apple did copy it, they're different devices in different markets. Trade dress only applies to a device in a specific market.

And that UMPC looks pretty different from an iPad, the recessed screen pretty easy to spot vs the iPad's all flat glass front, among several other differences.

posted on 19 Nov 2013, 20:49 2

12. vincelongman (Posts: 4832; Member since: 10 Feb 2013)


Actually the F700 was shown off in 2006 and Samsung applied for a design patent in 2006, but was rejected because HTC TyTn had a similar shape and keyboard.

posted on 19 Nov 2013, 21:12 1

15. Napalm_3nema (Posts: 2236; Member since: 14 Jun 2013)


I didn't know the iPhone was a fat, QWERTY slider feature phone.

Digital picture frame and a UMPC? Did Apple steal your lunch money, or something?

posted on 19 Nov 2013, 21:13 7

16. woodshop20 (Posts: 459; Member since: 14 Sep 2013)


It's funny how Apple chooses to ignore the fact they copied the design of the LG Prada (came out in 2006) and ironically sues someone else for copying their design which was also copied.

posted on 19 Nov 2013, 21:24

17. stealthd (unregistered)


Are you blind? The prada doesn't even have the iPhones rounded corners, or buttons, or anything that would make it look like a copy.

posted on 19 Nov 2013, 21:32 5

19. woodshop20 (Posts: 459; Member since: 14 Sep 2013)


Look more closely. It obviously has rounded corners, a centre home button, and the same rectangular shape.

Here's a picture in case you looked at the wrong one:

http://en.wikipedia.org/wiki/File:LG_KE850_Prada_Hauptmen%C3%BC.jpg

posted on 19 Nov 2013, 21:33

20. stealthd (unregistered)


They filed the design patent, but according to Samsung's own press release the phone wasn't announced until 2007

http://www.samsung.com/us/news/newsRead.do?news_seq=3516

posted on 19 Nov 2013, 21:40 6

21. willard12 (Posts: 1860; Member since: 04 Jul 2012)


And yet, Apple lawyers filed a motion and argued not to let Samsung introduce the f700 as evidence. Apple's lawyers seems more concerned about it than you. Apple's issue is rectangle with rounded corners with rounded corners and screen centered.

posted on 19 Nov 2013, 21:40 1

22. stealthd (unregistered)


I did look closely. Put your glasses on. The rounded corners aren't the same, the Prada has a rim going around the edge while the original iphone has a tapered rim, and the iPhone has a single round button while the Prada has 3 wide buttons. The only thing they have in common is a (relatively) large touchscreen with black bezel. Samsungs first Galaxy S phones look way more similar to the iPhone than the Prada does.

posted on 19 Nov 2013, 21:50 7

23. PBXtech (Posts: 1032; Member since: 21 Oct 2013)


"The only thing they have in common is a (relatively) large touchscreen with black bezel."

That's exactly part of the reason Apple sued Samsung.

posted on 19 Nov 2013, 22:04

24. Napalm_3nema (Posts: 2236; Member since: 14 Jun 2013)


The phone was irrelevant AND released after the iPhone. Of course they did.

posted on 19 Nov 2013, 22:06

25. Napalm_3nema (Posts: 2236; Member since: 14 Jun 2013)


Hilarious. Why do you think LG, who whined and whimpered about the iPhone being a copy, chose not to sue? I'm guessing it has something to do with the iPhone patents all pre-dating the Prada.

posted on 19 Nov 2013, 23:32 2

29. MartyK (Posts: 887; Member since: 11 Apr 2012)


I think you need to put yours on..

Here is a description of the lg, please page down to design, you will notice the author will mention the waiting of the iPhone..

http://reviews.cnet.com/cell-phones/lg-ke850-prada-unlocked/4505-6454_7-32316442.html

posted on 19 Nov 2013, 23:37 2

31. MartyK (Posts: 887; Member since: 11 Apr 2012)


No, the question is why wouldn't apple sue Lg?,

Apple and ifan scream about protecting the iPhone corners, sue lg,

Slide to unlock, they sue everyone except

http://seekingalpha.com/article/1384161-neonode-strikes-down-apples-slide-to-unlock-patent-for-the-third-time

posted on 19 Nov 2013, 23:40 2

32. MartyK (Posts: 887; Member since: 11 Apr 2012)


By your logic, if the phone was release after, so was the galaxy s series... You make no sense.

please explain again?

posted on 20 Nov 2013, 01:16

38. ardent1 (Posts: 2000; Member since: 16 Apr 2011)


jroc74:

You lose. Apple worked on the iPad before it worked on the iPhone. The iPhone started circa June 2005, therefore, the iPad PREDATES the Samsung product (that did not have multitouch, etc).

It would be nice if people did their homework as opposed to making wild a** guesses.

Want to comment? Please login or register.

Latest stories