Apple vs Samsung: Google, Facebook, Dell, HP, and others side with Samsung before the US Court of Appeals
posted by Mihai A. / Jul 21, 2015, 6:56 AM
Before dwelling into the details and understanding the implications, it's time for a (very) short recap of the Apple vs Samsung court battle. After a lengthy and complicated head-to-head battle in court, Samsung was ordered to pay Apple $930 million worth of damages for violating three of the iPhone maker's design patents. This May, the court reduced the penalty to $548 million. Samsung tried to reduce the damages further by arguing that it should be ordered to pay for the profits that derive from violating the design patents, and not the total profit, as the decision currently stands, but its request has been denied by a panel of CAFC judges.
It's in this context that representatives from high-rolling US tech players such as Google, Facebook, eBay, Dell, HP, Newegg, Limelight Networks, and the SAS Institute filled a "friend of the court" brief with the CAFC. In the brief, all of these tech companies argue that the court's decision to uphold the damages award previously set by the jury in the Apple vs Samsung design patent case will stifle innovation in the tech sector.
The reasoning is that since modern-era smartphones integrate a wide range of sophisticated internal components, damages should be limited to infringing features, and not based on the total profit. According to the tech giant group, the decision to uphold the previous damages will set a dangerous precedent that will bear a major negative impact on both smartphone makers as well as on companies that make the various components that go inside a smartphone.
As interesting as it is to see companies such as Google and Facebook siding with Samsung against Apple, it will be even more interesting to learn if the US Appeals Court will be influenced by the recent "Friends of the court" brief. For the complete legal terms and jargon, make sure to head over to the source link below.
source: Inside Sources
Posts: 854; Member since: Jan 13, 2015
Copycat is copycat. period
posted on Jul 21, 2015, 6:57 AM 1
Posts: 4888; Member since: Apr 15, 2011
Yes & Apple by far is the biggest copycat. Apple hasn't innovated since 2009. iOS is still ultra outdated. Yes it may have new icons but that's it. It's SO outdated that they copy more & more from Android. Also they buy Siri, Beats, & anything else they can get their hands on because they can't innovate, & saves them the "copycat" image. Apple's motto: If you can't develop it, copy it or buy it... SMH Still I agree with your statement: Copycat is copycat. period
posted on Jul 21, 2015, 7:11 AM 16
Posts: 1442; Member since: Nov 19, 2012
The problem is that Apple is saying: if you copy even a tiny bit of a phone, you must give me an amount of money that corresponds to the total value of the phone. What these companies are saying is not that Apple should not be compensated, but only for the things that have been copied.
posted on Jul 21, 2015, 7:33 AM 5
Posts: 355; Member since: Jan 15, 2014
The only reason anyone sides with Samsung here is to set a precedent of unrealistically low damages for violating a patent and allow these companies to steal with impunity because now stealing is cheaper than licensing.
posted on Jul 21, 2015, 7:16 AM 0
You are completely missing the point. What Samsung and all the others are arguing is that Apple is effectively trying to do the same thing as Mercedes trying to patent wheels, car doors, or any of the very basic pieces of car design they created. In that world, the only car you could buy would be a Mercedes since everything else from every other manufacturer would be crippled from lack of ability to use such basic features. There shouldn't be such a low threshold for pattents. If you honestly think otherwise, you would have single companies dominating nearly every industry we have. That is basically what you are arguing for. That would be the precedent.
posted on Jul 21, 2015, 8:01 AM 12
Posts: 17357; Member since: Jun 17, 2009
Incorrect. They're correctly stating that the damages were too high. If a company creates a device, and one component is found to infringe, they should be penalized based on that one component, not the whole device. If you can be penalized the entire profit for a device based on a $5 component in it, it will stifle innovation. It's virtually impossible today to develop a smartphone that won't have some infringing tech, with the sheer number of patents out there, and the fact that many were incorrectly granted.
posted on Jul 21, 2015, 8:35 AM 5
Posts: 292; Member since: Mar 19, 2015
@drazwy : The issue obviously here is whether a patent holder of minor design patents could disgorge Samsung's entire profit, not just small portion of its profit. In another word, should a maker of cupholder be able to disgorge Boeing's entire profit on a 777 because of a minor infringement? The whole tech industry is pretty much saying no. Apple wants to win this lawsuit, but the company obviously knows that it's going to come back to haunt them later. So Apple is between a rock and a hard place. If Apple loses, that's a PR disaster. If Apple wins, the new legal precedent would certainly invite more outlandish lawsuits, on top of 90+ on-going IP lawsuits. Apple would bring down the whole tech industry with it and that's why these tech companies are now speaking up. $500M is a paltry sum compared to what Apple might to have to pay in damage -- in many, many billions -- if Appel is ever sued for a minor design infringement. Nobody wants this. Certainly not Apple.
posted on Jul 21, 2015, 9:46 AM 2
Posts: 1903; Member since: Aug 27, 2009
The beauty of the legal system. If you have money, you might never have to pay any damages to anyone. Although, Samsung has probably put about $500 million into their legal battles with Apple over the last few years.
posted on Jul 21, 2015, 7:47 AM 0
Posts: 17357; Member since: Jun 17, 2009
Not nearly as beautiful as the patent system, where you can grab the rights to something someone else developed, or just add "on a computer" to an existing process, or lock down a general concept without specifics or even a prototype. That's where Apple concentrates most of their R&D.
posted on Jul 21, 2015, 8:38 AM 5
Posts: 1152; Member since: Mar 10, 2015
This site is getting really bad for adverts. A new section pops up all the time now at the bottom of the screen suggesting what I may like. Been 2 days.. So lame.
posted on Jul 21, 2015, 12:47 PM 0
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