Samsung v. Apple patent infringement trial to resume next month

Samsung v. Apple patent infringement trial to resume next month
The patent infringement case that never ends will continue on May 14th when Samsung v. Apple is heard in U.S. District Court for the Northern District of California. Samsung originally was hit with a $1 billion+ judgment in 2012, and over the years that amount has been reduced to $548 million. Samsung continued to battle in court, taking it all the way to the Supreme Court back in 2015. The Korean tech giant argued that patent infringement damages shouldn't be based on the total sales of a complete device, but only on the portion of those sales that can be attributed to the infringed part.

The Supreme Court agreed with Samsung and remanded the case back to district court. In her order, which followed the Supreme Court ruling, Judge Lucy Koh said that it will be up to Apple to get the court to agree that an "article of manufacture" is a complete phone, and not just a component. Judge Koh also put the onus on Apple to determine the sales of this "article." If Apple can get the court to agree that an "article of manufacture" is a complete phone, it stands to collect a larger monetary award than it would using Samsung's definition.

Judge Koh has previously said that the jury in the original trial was prejudiced against Samsung because they did not hear the proper jury instructions. As a result, they did not know that an "article of manufacture" could be anything but a complete phone.

A report published today indicated that top executives from both companies will not testify in person during the trial, although Apple design chief Jony Ive and marketing head Phil Schiller could have their depositions read into the transcript.

source: CNET

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27 Comments

1. antroid

Posts: 386; Member since: Jan 24, 2018

I think the only winners from those lawsuits are the lawyers

7. Settings

Posts: 2943; Member since: Jul 02, 2014

If I knew tis would happen, I would take up Law instead.

10. domfonusr

Posts: 1083; Member since: Jan 17, 2014

Hindsight is always 20/20...

26. Medoogalaxy

Posts: 232; Member since: May 25, 2017

Very funny when you see the site throws that trivial,supernatural image so that people think that Samsung stole the design of one button, but they do not know that this design was owned by Samsung in back 2006? "Samsung f700 phone" so Apple bitch who steals the design The court found that Samsung is not guilty. It's funny that Apple used that image against Samsung, and here you see the site shares it !!

2. tedkord

Posts: 17307; Member since: Jun 17, 2009

That entire trial was a sham.

4. Back_from_beyond

Posts: 1377; Member since: Sep 04, 2015

It still is. Even from this article you get the impression that the court is allowing Apple to basically dictate the rules and parameters by which the trial and jury should operate. The first time around Samsung was denied to enter evidence that could've swayed the case in their favor and Apple was allowed to use evidence that distorted the clear distinctions the original iPhone and Galaxy S had. And let's not forget that the foreman of the jury had previously been engaged in a legal dispute with a joint venture that Samsung had been a partner in.

3. Papa_Ji

Posts: 838; Member since: Jun 27, 2016

Father(samsung) vs son (apple)..

14. Phullofphil

Posts: 1762; Member since: Feb 10, 2009

Apple made the iPhone out of its own design. Samsung copies Apple almost exactly. The diserve to get paid. Samsung owns the success of there phones to Apple original design. So does every other smartphone manufacturers

17. razmahtaz001

Posts: 501; Member since: May 11, 2013

but android oems (samsung, LG, sony, etc...) is what makes up an iphone LOL

21. Back_from_beyond

Posts: 1377; Member since: Sep 04, 2015

The truth is Apple didn't make the design on its own. In fact they asked Samsung to help them with the internal design. Jony Ive went and asked a now retired Sony designer for design ideas and his suggestions dramatically affected the iPhone's ultimate design, basically he came up with the whole thing and not Jony Ive. When asked to show up at this trial, he was unfit to travel to make his story known which benefitted Apple greatly. Samsung was denied entry of evidence to support their case and at the same time Apple was allowed to use distorted images to make the Galaxy S look more like the iPhone. Apple patents were disputed or even pulled and yet the trial continued on. The foreman of the jury had previously been in a legal battle with a joint venture that Samsung was part of and yet he was allowed to stay on? If that's not a massive conflict of interest and leads to a clear bias against Samsung, then i don't know what. There was so much wrong with that entire trial that it's a miracle it was allowed to even continue.

5. RevolutionA

Posts: 392; Member since: Sep 30, 2017

Apple will win this time.

6. Machiavelli

Posts: 6; Member since: Mar 11, 2018

Why do you think that?

8. domfonusr

Posts: 1083; Member since: Jan 17, 2014

It can only go one of three ways: either A) Apple loses, and the whole world of Android will breathe a collective sigh of relief as the status quo does not change, or B1) Apple wins, and uses the precedent to go on to sue the living snot out of every other major Android OEM, and due to the Apple vs. Samsung precedent eventually strikes deals with all major Android OEM's to license the "large touchscreen set in a solid-color rectangular frame with rounded corners" design motif for some dreadfully high royalty fee per-unit, and by demanding this settlement and others, makes the average entry-level Android phone just as expensive as the cheapest iPhone (and then the only people that will get away with continuing to launch Android products at cheaper retail prices will be the Chinese white-box manufacturers) so that Apple will gain market share and income everywhere, or B2) Apple wins, and uses the precedent to go on to sue the living snot out of every other major Android OEM and/or Google itself, and eventually wins all of their further litigation on the basis of precedent, forcing all Android OEM's to stop making devices that fit the "large touchscreen set in a solid-color rectangular frame with rounded corners" design motif description, thus making the average entry-level Android phone extinct, and making Apple the sole purveyor of the modern smartphone design, increasing demand for iPhones just about everywhere (but not increasing supply - the prices will skyrocket). Whatever the outcome, this has been a developing situation for over a decade now. I really hope this amounts to nothing, or at worst, just a slap on the wrist for Samsung alone. But, knowing Apple's 'wondrous' litigious past, they may make it so expensive for all sorts of OEM's, or even for Google directly, that the openness of the smartphone industry will be detrimentally affected, and the industry itself will be reshaped for a long time after...

9. domfonusr

Posts: 1083; Member since: Jan 17, 2014

[double post] oopsie...

11. Leo_MC

Posts: 7203; Member since: Dec 02, 2011

If the court decides that Samsung had copied a very well known and recognized design, it should award the entire sales of Galaxy line (in that period of time) to Apple, because the design and, most of all, the recognisability ("they are like iPhones") is what drew people to buy their phones. Sure, there was an amount of products that Samsung could move without stealing Apple's design, but (at the time) it was insignifiant.

16. razmahtaz001

Posts: 501; Member since: May 11, 2013

that "recognized design" you are refering to are rounded corners LOL

23. TechSceptic

Posts: 1156; Member since: Feb 05, 2018

You've got to be kidding me. That's the most ridiculous thing i've heard in a long time. You want Samsung to give all of the sales they have ever done with the Galaxy line to Apple, because of rounded corners? Get out of here. The patent is literally for rounded corners, it's ridiculous you can even get a patent for something so simple and basic. Rounded corners isn't exactly an Apple invention.

25. Back_from_beyond

Posts: 1377; Member since: Sep 04, 2015

You can't argue that people bought the Galaxy S because it looked like the iPhone, that's speculation at best and I'm betting there isn't a single shred of proof to support that claim to begin with. Apple would obviously love to fool the jury into buying that angle though.

27. Leo_MC

Posts: 7203; Member since: Dec 02, 2011

I know a thing or two about sales, having worked for more than half my life in sales. From a technological point of view, the original iPhone was a piece of junk, but it was a "cool" piece of junk and Apple was able to create, better than anybody else, the brand and product recognition. This is the reason Samsung copied the iPhone and not Prada or whatever unknown device LG claimed was the first to introduce the new line of smartphones. No doubt about it, Samsung has done since very good devices, but, without the initial push, given by the stealing of the line of iPhone, it would probably have been right now next to LG and Motorola (in 2007 only Nokia and BB had the power to create what Apple has done, but that's just speculation).

12. Sunbae-min

Posts: 135; Member since: Mar 25, 2018

God has appointed Samsung to be our great servant, not you Apple.

13. Phullofphil

Posts: 1762; Member since: Feb 10, 2009

Your serve them the way you are talking.

24. TechSceptic

Posts: 1156; Member since: Feb 05, 2018

Yeah, but you do the same with Apple. "Apple made the iPhone out of its own design. Samsung copies Apple almost exactly. The diserve to get paid. Samsung owns the success of there phones to Apple original design. So does every other smartphone manufacturers" Pot, meet Kettle.

15. razmahtaz001

Posts: 501; Member since: May 11, 2013

shouldve been APPLE VS all android oems, not just samsung.

18. yalokiy

Posts: 950; Member since: Aug 01, 2016

and not only android!

19. Farcaster

Posts: 158; Member since: Apr 16, 2018

Maybe tv companies should sue Apple for stealing rectangular, large screen displays with speakers and volume/power buttons.

20. darkkjedii

Posts: 30966; Member since: Feb 05, 2011

Here we go again SMDH.

22. path45th

Posts: 402; Member since: Sep 11, 2016

A picture can say a thousand words. The picture on this article says that before the iPhone Samsung was copying Nokia and Blackberry, after the iPhone copied the iPhone.

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