Split decision in South Korean courtroom leads to ban on Apple and Samsung devices
While there is no telling how this decision will compare with the jury's decision in the Apple v. Samsung patent trial in California, good news for Samsung came from the ruling of the three-judge panel in the Korean courtroom that there was "no possibility" that a consumer could mistake a Samsung smartphone for the Apple iPhone and vice versa. In addition, the three-judge panel ruled that Samsung's icons do not resemble Apple's icons. If the jury in California agrees with the Korean judges, Apple is going to have a hard time winning that trial.
Samsung Galaxy S, Samsung Galaxy S II and Samsung GALAXY Nexus smartphones. Also banned are the Samsung GALAXY Tab and Samsung GALAXY Tab 10.1 tablets.
In addition to the ban of the iPhone 4S and iPad 2, Apple must pay 20 million won in damages or $17,650 for each patent it was found to infringe upon for a total of $35,300. In addition to its banned devices, Samsung must pay 35 million won or about $22,000. Both sides had demanded damages of 100 million won or about $90,000.
In the U.S. trial, the jury continued its deliberations on Thursday.
source: WSJ via AppleInsider
1. redmd (Posts: 962; Member since: 26 Oct 2011)
I'm not sure where they're heading with this disputes.
23. MeoCao (unregistered)
There are 2 men playing cards, the winner can hit the loser in the face after each game. After 2 games both was hit in the eye once and very happy...
30. blazee (Posts: 327; Member since: 02 Jan 2012)
I honestly hope this happens here in the states. I would love to see the response from apple about how they are still the true innovators.
33. Droid_X_Doug (Posts: 5986; Member since: 22 Dec 2010)
It is all about positioning for a global settlement. If Sammy is able to ban iDevices in Asia and Apple is able to ban Sammy devices in Europe, then they have to see what happens in the U.S. If Apple fails to ban Sammy in the U.S., Sammy utimately wins.
Separately, Sammy already has a work-around for the rubber-banding patent. Sounds like a net loss for Apple in South Korea.
38. itiswhatitis (Posts: 423; Member since: 23 Jan 2012)
ting ting ting and the real winnder is:Lawyers!!!
2. Jphones (Posts: 235; Member since: 10 Feb 2012)
there was "no possibility" that a consumer could mistake a Samsung smartphone for the Apple iPhone and vice versa. haha aka let it go apple really a square? 20 million for wasting our time
3. Nookie4u (Posts: 131; Member since: 13 Aug 2012)
Ooohh Apple's not looking good on this side of planet Earth!
4. rusticguy (Posts: 2828; Member since: 11 Aug 2012)
Home turf advantage shouldn't ever be reflected in judgements in courtroom and any attempt to paint the judgmenbt as something "against" Samsung just because they couldn;t get advantage on hometurf is highly misplaced and perhaps shows some amount of fanboyism from the author (if the intention was what i mentioned). So this is good and fair judgment IMHO. Yes i can never be confused between Apple and Samsung devices. It is iDiotic to push that view anywhere forget about in courtooms. I guess even if devices are given to blind they can distinguish between the two.
Courts don't go by "Sentiments" but go by "Evidence" and that's what South Korean court did. Let's see if US courts go about banning iPhone 4 and 4S :)
5. frydaexiii (Posts: 1262; Member since: 01 Dec 2011)
Ha. Koreans won't mistake a Samsung for an iPhone but Americans can? Who's squinty eyed & stupid now? No racism, I'm chinese too.
8. rusticguy (Posts: 2828; Member since: 11 Aug 2012)
By saying usersw mistake Samsung for and iPhone, Apple is doing nothing but INSULTING the intelligence of their own followers :)
16. JC557 (Posts: 1216; Member since: 07 Dec 2011)
Maybe their diehard followers are really that dumb... =P
Of course many people are really unintelligent when it comes to technology and buy whatever the TV tells them to.
31. buccob (Posts: 1738; Member since: 19 Jun 2012)
At my time in the technology world... ever since I had mp3 players (after discman) people had confused my devices for apple ones...
- is that an iPod?
- no, thats an Archos Jukebox Studio 10
- is that an iPod?
- no, thats an Archos Gmini 402. Music, Photo and Video player, at the time when the iPod PHOTO (remember?) wasn't out yet.
- is that an iPod?
- no, this is an Archos AV500, multimedia player AND recorder. 4" screen and can be mirrored in TV to playback and record movies.
- is that an iPhone?
- no, this is a Blackberry Storm 2... a much better device than the Storm 1 piece of crap. Comparable with the iPhone 3G.
- is that an iPhone?
- no, this is a Motorola Atrix, Android device. Which allows for much more flexibility than what apple offers. Bigger screen, fingerprint scanner, etc.... Yes, Motorola.
- is that an iPhone?
- No, this is the new Samsung Galaxy S3.... Have you ever seen an iPhone before?...
- Then what iPhone have you seen with such bigass screen as this one?...
We are all ignorants in this world... but we ignore different things... Many people are ignorants in technology
32. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)
LOL, you're Chinese tho, not Korean.... You could still be racist to Koreans, unless you have squinty eyes too.
6. darac (Posts: 2156; Member since: 17 Oct 2011)
What the heck did I just read..
Samsung banned in Korea!!!?!
Am I dreaming?!?
9. frydaexiii (Posts: 1262; Member since: 01 Dec 2011)
Yup, good to know at least the Koreans are fair by banning both sides. Seems like every other country has been fair except for America, which keeps favoring their own company.
14. Lift_Off (Posts: 152; Member since: 04 Apr 2012)
Of course they are. Do you realize what our economy is like right now?!
26. remixfa (Posts: 14251; Member since: 19 Dec 2008)
Apple contributes little to our economy. Most of their workers are over seas and they hide the bulk of their income in overseas accounts to reduce taxes. Their few hundred "geniuses" that get paid a hair above minimum wage dont really add a lot of tax revenue.
34. gallitoking (Posts: 4693; Member since: 17 May 2011)
look remix, Apple is not the only company that does that, you yourself don't buy an American product so unless you only buy American procducts you are not supporting anything
36. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)
*gasp*!!! Your're back!!!! But your sarcasm is gone....
40. remixfa (Posts: 14251; Member since: 19 Dec 2008)
and he learned how to type in his absence. how odd.
37. Droid_X_Doug (Posts: 5986; Member since: 22 Dec 2010)
Apple is one of the more abusive practitioners of parking their profits offshore. Yet they are first in line to use facilities (U.S. courts) to protect their franchise. Nothing like privatizing the profits while socializing the risk (not covering the cost of operation of the U.S. court system).
39. remixfa (Posts: 14251; Member since: 19 Dec 2008)
i didnt say support this or support that. I was just stating a fact. Big difference.
41. Lift_Off (Posts: 152; Member since: 04 Apr 2012)
its not all about where they manufacture the parts...
7. megaSUNNY (Posts: 66; Member since: 26 Jun 2012)
waste of time...thats just dumb thing from apple,about squares? Apple has got lots money but that doesn't mean that they can sue everybody
10. Katrina (Posts: 68; Member since: 17 Aug 2012)
judges seems pretty fair and honest about this, maybe they are doing this to show the americans that they should do the same thing.
its good but tbh i feel bad for the customers lol: SG3 was just announced and iphone 5 havent even been out yet.
i guess more sales for the other companies like HTC, SONY, MOTO, etc...
13. rusticguy (Posts: 2828; Member since: 11 Aug 2012)
Banned devices will have market in other regions and newer devices i am sure will stay away from anything which could meet the same fate. India for example has a huge Samsung market.
19. Katrina (Posts: 68; Member since: 17 Aug 2012)
just wondering, does that mean they are not allowed to update any of those banned devices?
11. Aeires (unregistered)
Samsung: easy software push to fix.
Apple: oh crap, hardware fix equates to waiting for the new iPhone.
Both sides exchange money and move on. Repeat in America.
17. SGSatlantis (Posts: 205; Member since: 20 Jul 2011)
If they need to change the components of the iPhone 5, that means it will be delayed for a long time. Or they license Samsungs patent because they've already manufactured a couple of million iPhones.
12. RapidCat (Posts: 351; Member since: 12 Jun 2012)
my hope, this decision same like US court. Both banned = win win solution
15. Tsepz_GP (Posts: 878; Member since: 12 Apr 2012)
If a similar decision goes through in the USA then Apple will be in trouble as that is their biggest market, its the one market where they are outselling Samsung.
18. ricodroid (Posts: 16; Member since: 30 Mar 2012)
too bad for the Galaxy Nexus and The Galaxy S II .. but oh well ..i think this decision was fair enough .. cause not only both sides were bulls**tting .. they wasted a whole lot of time for something they will pay the price for
21. wendygarett (unregistered)
I dont understand why galaxy s2 banned in south korea
Why Steve Job!!! Why monks!!!
22. Lwazi_N (Posts: 205; Member since: 23 Jun 2011)
Lol 22 and 18K only? These Kwon must be some serious money in S.Korea hey...
24. remixfa (Posts: 14251; Member since: 19 Dec 2008)
they dont allow mega damages in Korea like they do in America.
in american courts that would come out to probably 20 million+ in damages lol.
25. remixfa (Posts: 14251; Member since: 19 Dec 2008)
so basically this was near worst case scenario for both companies but way worse for apple since the SGS3 was not banned, and the rest of it can be fixed with a software update. Apple however cant fix hardware violations with a patch. Woopsie.
This nearly mirrors what I think is going to happen in the US case. They both are going to get spanked a bit.
Too bad this decision couldnt have happened 2 weeks ago so both sides would have been scared into not being jack asses and making a mutual agreement with each other.
27. tiara6918 (Posts: 1832; Member since: 26 Apr 2012)
The galaxy s 2 being banned in s.korea is a bad thing for samsung since it is one of their best sellers but atleast they didn't ban the galaxy s2 lte/hd lte right?or they did?
28. tiara6918 (Posts: 1832; Member since: 26 Apr 2012)
By the way, I heard in arirang news(korean broadcaster) that there were 10 samsung devices that were banned, what are the others?
29. lyndon420 (Posts: 2131; Member since: 11 Jul 2012)
At least Android isn't banned completely, so it can still flourish there through other OEM's.
35. skymitch89 (Posts: 1164; Member since: 05 Nov 2010)
I guess that it's better to have a split decision over a one-sided decision. With it being split, both sides should be happy yet angry over the decision, but if it were one sided, then one side would be overjoyed and the other would be really ticked off. By sides, I mean the fans of the devices.
42. jroc74 (Posts: 5219; Member since: 30 Dec 2010)
Yea....I like the split decision too.
But...more than anything.....maybe this will be the beginning of Apple stopping all the crying and whining. This is my favorite part of the article:
"good news for Samsung came from the ruling of the three-judge panel in the Korean courtroom that there was "no possibility" that a consumer could mistake a Samsung smartphone for the Apple iPhone and vice versa.
I feel the exact same way and agree 100%.