Samsung seeks new trial, calling jury verdict "unreasonable and unsupported"
0. phoneArena 23 Sep 2012, 05:23 posted on
While Apple seeks more money from Samsung based on a filing made Friday, Samsung seeks to have a whole new trial after telling Judge Lucy Koh that the jury's original verdict, which awarded $1.05 billion to Apple, was unreasonable...
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25. Droid_X_Doug (Posts: 5926; Member since: 22 Dec 2010)
Don't hold your breath waiting for judge Koh to grant Sammy's motion for a new trial. They are basically asking her to admit she screwed up in managing the trial. Sammy has a better chance on appeal - if the verdict is tossed, a new trial is the inevitable outcome. If Sammy can prove judicial bias, they can get another judge assigned to the new trial.
82. whysoserious (Posts: 317; Member since: 20 Jul 2012)
Exactly what I have in mind. That's why they should just take this case to the court of appeals.
93. tedkord (Posts: 5146; Member since: 17 Jun 2009)
Samsung needs to keep sending reporters to the jury foreman. The more that retard speaks, the better Samsung's case gets.
3. neutralguy (Posts: 1152; Member since: 30 Apr 2012)
I remember reading an article regarding a statement from a witness saying starting from day one, it was apple all along.
So that alone could prove him unreasonable. Why would he be a jury if he prejudge someone without listening to their defense? :3
6. jove39 (Posts: 1320; Member since: 18 Oct 2011)
I want samsung to fight till last breath/penny!
8. mukrenol (Posts: 90; Member since: 03 Sep 2011)
If the juries get a free iphone after the trial, it will be way more interesting...
10. SpectatorS (Posts: 13; Member since: 12 Nov 2011)
so it hasn't ended yet..
hope samsung can make it
12. Angkor (Posts: 108; Member since: 05 Jul 2012)
Judge Koh and Jury are discriminated and sided with Apple. The trial that Apple won was unfair, anti-competition and distrimination against foreign company Samsung.
20. Mxyzptlk (Posts: 4066; Member since: 21 Apr 2012)
They side with Apple because Samsung shouldn't have infringed on protected patents.
45. PhoneArenaUser (Posts: 5497; Member since: 05 Aug 2011)
Why you are not talking about those cases where Apple is accused of having infringed patents ???
70. kingpet13 (Posts: 139; Member since: 02 Feb 2012)
Because all non-apple patents are FRAND, Fair, Reasonable, And. Not, Desperate. #appleisgod
94. tedkord (Posts: 5146; Member since: 17 Jun 2009)
Nine of the LTE patents that Samsung and HTC are suing over are FRAND. Apple did what they always do - just steal what they want, then throw their billions into layers to avoid paying licensing.
141. someones4 (Posts: 619; Member since: 16 Sep 2012)
Hence, with the same reasoning, all apple patents are unfair, unreasonable and VERY desperate
53. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)
"What Protected patents" which dose not belong to them....!
122. Furbal (Posts: 389; Member since: 22 Sep 2012)
Considering Synaptic has been introducing gestures as a standard on laptops, I have no clue how apple has been awarded any patents for similar motions.
The only patent apple has any claim what so ever to is the bounce-back and that is debatable with prior art
14. Zayuh24 (Posts: 148; Member since: 21 Nov 2011)
Why is Samsung still trying to appeal Judge Koh's decision... with Judge Koh?! Please by all means, move to a better appellate judge!
16. mercorp (Posts: 976; Member since: 28 Jan 2012)
Samsung,the star that always shines bright even in adversity.
17. Gaytor (Posts: 51; Member since: 09 Sep 2012)
Ssung always seems a little behind. Think they shud try to play smarter. Judge Kohs court hence her rule. Give a good account of yourself within that time Apple did. Anywaya. phonewise, waiting for the Note2!
18. som (Posts: 768; Member since: 10 Nov 2009)
SAMSUNG must move a new trial to foreign country and file an appeal at different court and judge.
96. tedkord (Posts: 5146; Member since: 17 Jun 2009)
They can't move a US patent case to another country. Different countries have different patent laws.
22. justaphone (Posts: 6; Member since: 19 Aug 2012)
"Unreasonable, unsupported"... Of course that's what Samsung would say, they lost miserably! I doubt anyone would want to sit through all that again... and then some! It will be hard to find an unbiased jury since this was such a publicized case.
97. tedkord (Posts: 5146; Member since: 17 Jun 2009)
It also happens to be 100% true. Even Judge Koh didn't expect the lopsided verdict, as she warned Apple prior to the end that it was going to go badly for both companies. That means she saw merit in at least part of Samsung's defense.
Add to that the moronic statements by the jury foreman, and even Apple don't think the verdict will stand in its entirety.
117. remixfa (Posts: 14080; Member since: 19 Dec 2008)
She warned them both because she figured the jury was gonna slap down both sides pretty hard, just like they did in Korea days earlier and other countries since.
America is the ONLY place where Apple won hands down... or even a majority.
124. -box- (Posts: 3869; Member since: 04 Jan 2012)
I would be more than happy to be on that jury board, as I like to believe I can be rational and open-minded, and since I'm a Nokia/Windows Phone & Symbian fan, I have no particular bias towards either. Some of apple's claims were accurate as far as I could tell, as were some of Samsungs. The verdict should not have been so one-sided.
Since the case wouldn't ever come where I live, it's a moot point
23. networkdood (Posts: 6311; Member since: 31 Mar 2010)
If there is a new trial, Samsung better get better lawyers, and the jury better look at all evidence, no matter how much time it takes.
24. networkdood (Posts: 6311; Member since: 31 Mar 2010)
The ban is really no big deal, though, as it does not effect the newest stuff, phones that are selling well.
29. ajac09 (Posts: 1367; Member since: 30 Sep 2009)
apple asked for ALL samsung phones.. that includes the gs3 and gn2.
36. networkdood (Posts: 6311; Member since: 31 Mar 2010)
wow, now that is a stretch...lol, GET IT? stretch?
56. OptimusOne (Posts: 694; Member since: 22 May 2012)
soon it will be other samsung products too(refrigerators, TVs computers)
79. Droid_X_Doug (Posts: 5926; Member since: 22 Dec 2010)
Especially the TVs, since Apple is trying to connect the dots on an iTV. Don't want Sammy to step on Apple's effort before it even gets launched.
105. GODLOVESAPPLE (Posts: 8; Member since: 23 Sep 2012)
Samsung Appliance, don't even go there, they "SUCK", most of the time have to call for service, so is my Samsung LCD TV.
WONDERFUL machine but reliability wise, is another matter.
For TV, I prefer SONY brand, I do have both brands, i wanted to try the latest Samsung since it was cheaper.
But, the old adage still applies, "you get what you pay for!"
116. remixfa (Posts: 14080; Member since: 19 Dec 2008)
I've got 2 samsung bluray players.. i have them because I had to replace 2 sony bluray players... one of them being a PS3.
Looked up most reliable and feature rich bluray players without spending 200+, and it was samsung across the board. The sony's got panned on a lot of models.
28. ajac09 (Posts: 1367; Member since: 30 Sep 2009)
100% agree with samsung. Was a very unfair trial that was from the get go designed for apple to win. I think this really needs to go to a higher level court. Its hostile territory in California for samsung. It would be like target stores suing walmart in Bentonville Arkansas
39. maen555 (Posts: 8; Member since: 04 Feb 2012)
Steve jobs: good artists copy
Great artists steal....
51. Galen20K (Posts: 517; Member since: 26 Dec 2008)
Apple ripped off and copied Samsung from the very begining starting with the F700 which was released to market before the iPhone. I think people should really read up on the subject before automatically handing an unfounded and wrong victory to Apple who is clearly the copier.http://www.idownloadblog.com/2
74. InspectorGadget80 (Posts: 6694; Member since: 26 Mar 2011)
you forget to mention they also copied the idea from SONY prototype too
55. BREvenson (Posts: 211; Member since: 17 May 2012)
Again, this case drags on. Apple wants more money and a ban on devices, Samsung wants the whole thing thrown out and restarted.
From what we have seen, it's no surprise that Samsung thinks the verdict was "unreasonable and unsupported". The judge denied Samsung's evidence that preceded the conception of the iPhone, the jury didn't consider all aspects of Samsung's defense, and the fact that Apple has yet to lose a major case here in the US, while in other countries it seems their judicial systems are more intelligent...all those together leads to too many questions about why and how it got to this point.
No matter...for now, Samsung is still riding high off the S III and their other top devices. Once the injunctions begin, though, so will my suppressed rage. :p
63. remixfa (Posts: 14080; Member since: 19 Dec 2008)
Samsung has a pretty darn strong case for a mistrial/appeal. Most of the people with common sense have agreed to that much even before the verdict was announced. You cant argue with blind internet morons who will say the same "samsung copied" BS regardless of evidence or verdict.
83. Hemlocke (unregistered)
"People with common sense," in your opinion, do not actually equate to "people with legal expertise." Go and read what legal experts have to say about appeals, then put that information into context with how completely Samsung lost the first trial, and you will see that your definition of common sense is actually an unrealistic hope.
72. InspectorGadget80 (Posts: 6694; Member since: 26 Mar 2011)
YES IT WAS TOO FAST TOO SHORT. And the dumb ijudge got paid including the jury it was unfair trial
85. GODLOVESAPPLE (Posts: 8; Member since: 23 Sep 2012)
I can't say it would never happen in the USA, but it is for sure, in the 3rd World Country, it's easier to pay-off Judges, Juries, Politicians; it's their Culture, and Corrupted!
On your part, InspectorGadget80, it's called.."speculation."
84. GODLOVESAPPLE (Posts: 8; Member since: 23 Sep 2012)
ANDROID Fans, "you mad bro", life has too many "CHOICES", of course, SAMSUNG is appealing, they have too, their "EGO & REPUTATION" is damaged 4ever!
They lost to APPLE in the US OF A., "the land of the FREE", SAMSUNG will always be branded.."COPYCAT", "CHEATER", no matter how many they sell worldwide, people will always be asking, "is that an iphone?" because of its similarity, and Android owners will always say, "NO" with a smile, and those asking the question will then remember, "oh, its the copycat!' LOL ;-((
"ONCE A CHEAT, ALWAYS A CHEAT!"
86. whysoserious (Posts: 317; Member since: 20 Jul 2012)
Ahh yes yes, the "land of FREE-iCRAPHONE 5-FOR-YOU-JUDGES-IF-YOU-BEND-THE-LAW-FOR-US" courtesy of Apple. Lol!
108. PhoneArenaUser (Posts: 5497; Member since: 05 Aug 2011)
Why you are not talking about those cases where Apple is accused of having infringed patents ??? And what if Apple will lose ???
90. lyndon420 (Posts: 1783; Member since: 11 Jul 2012)
How many iphone users believe that only apple should have phones?
99. rusticguy (Posts: 2828; Member since: 11 Aug 2012)
"Lucy Koh" will hand over "Juicy Dough" to Apple as awalys not sure hjow much of it Apple will be able to encash it though. It's nice ... alongwith Apple it's the corrupt jucidiciary of US which is also being exposed to world. A Country that lectures on fair justice all over world. So PAPA Don't Preach :)
104. GODLOVESAPPLE (Posts: 8; Member since: 23 Sep 2012)
FYI, Lucy Koh is American and of Asian descend, LOL.
So you think, she got bought, these Android Fans really can't tell the difference between "Copying" and "Copyrights".
Sorry, in our Country, the "MOST POWERFUL, & LESS CORRUPTED (yes, there are corrupted politicians, you heard me right,but not as bad as the 3rd world Country) in the world, found SAMSUNG "GUILTY!" for copying design by APPLE!
Therefore, if you are carrying an Android that is an "iphone-look-alike" you are part of the "iphone-wannabe".
121. tedkord (Posts: 5146; Member since: 17 Jun 2009)
Not to worry, this verdict will be vacated. And technically, since Apple store the design from the LG Prada, that makes us all Prada wannabes.
137. Lboogey6 (Posts: 269; Member since: 31 Jan 2012)
so let me get this straight a year ago when apple lied and shrunk the size of the galaxy s and was caught they werent punished. But thats OK when they used the open patent of the notification bar android had day one no one said anything when we see in our "perfect" justice system both the judge and jurors see they fouled up you can still ignorantly. Say this statement. Please move another country so people don't continue to see Americans as idiotso