Judge Koh rejects Apple's request to triple damages, says Samsung's infringement not willful
posted by Alan F. / Jan 30, 2013, 12:22 AM
motion for a ruling that its unregistered iPad/iPad 2 trade dress is protectable, infringed, and diluted; Koh ruled against Apple's request that she find that the Samsung GALAXY Tab 10.1 infringes the D’889 Patent and denied Apple's claim that the ’893, ’711, ’460, and ’516 Patents are invalid. She also shot down Apple's claim that Samsung is liable to Apple for breach of contract and antitrust violations coming from a breach of the ETSI IPR Policy.
Returning to the issue of whether Samsung willfully infringed on Apple's patents, the judge believed the Korean manufacturer when it said that it had thought that Apple's patents were invalid. Judge Koh believed that Samsung felt that it did not violate the law. Another interesting fact is that while the jury had found that Apple's multitouch patent ('915) was infringed on by a number of Samsung handsets running Android 2.2.1 or 2.2.2, it ruled that the Samsung Galaxy Ace (Android 2.2.1), Samsung Intercept (2.2.2) and Samsung Replenish (2.2.2, too) did not infringe on that patent. Samsung was hoping that this inconsistency could be rewarded with a new trial. But the 9th circuit has rules for this and while the judge noted the inconsistency, her hands were tied.
Judge Koh will be presiding over the sequel patent trial between Apple and Samsung which will take place in 2014.
source: AppleInsider, FOSSPatents
I think samsungs "innocent" plea may be true but wheter you knew you broke the law or not,........ YOU STILL BROKE THE LAW........also in all honesty, both samsung AND apple seem to be in the wrong here..........One is "greedy" and the other likes to "copy" a greedy company therefore making them "greedy" as well So the Judge seems to be doing the "higher" thing by shutting them BOTH out of this silly ordeal and hopefully..........yes hopefully they can both learn to "change" their ways..
posted on Jan 30, 2013, 12:34 AM 12
Posts: 1236; Member since: Sep 26, 2012
agree with you...the whole lawsuit thing is getting too much! But Apple has become really really greedy! Sammy has one star year against Apple...that's 2012 dethroning Apple as top smartphone seller and soon enough Apple wants to triple damages to cover its losses! Apple is just being a sore loser...its a damn shame its just a shell of a company it once was! I never expected Sammy to make it big in smartphones, they were always big in electronics though...and they have mended their ways...their prodcuts dont look anymore like Apple's so Sammy might have copied or not...honestly I didnt think the Galaxy S1 would make it big..but right now they have unique distinctive and great products that sell well! They're innovating on what they have and the results are showing.
posted on Jan 30, 2013, 4:39 AM 2
Posts: 461; Member since: Jan 08, 2012
Every single company in the entire world uses and expands upon others ideas. You just sound like someone that's upset about his favorite company not being on top or something. That's the only explanation I have for this garbage statement. Every time I read the comments on articles, you're on here saying the same thing about Samsung, as if Sony doesn't "copy". Get over yourself.
posted on Jan 30, 2013, 8:11 AM 3
Posts: 6794; Member since: Mar 29, 2012
Now i really feel my money is well spent on Samsung Android devices. Thank you Samsung for giving us such a good show. Very high entertaining value both from the Android devices and court room drama. I wonder who owns the rights to this upcoming hot series J.Koh and the forbidden fruit! LOL!
posted on Jan 30, 2013, 12:42 AM 4
why do you feel good about spending your money on "stolen" ideas and designs?
posted on Jan 30, 2013, 12:45 AM 4
Posts: 17357; Member since: Jun 17, 2009
For the same reason an iPhone user feels good about its stolen features (LG Prada shape and capacitive screen, Neonode slide to unlock, Palm grid of icons, Android notification shade, wireless sync they stole from some kids who developed it as an app for the iPhone. All the Frand patents they still haven't paid a dime for.The list just goes on and on.
posted on Jan 30, 2013, 3:48 AM 15
Yes, Apple obviously stole the design from the Prada, which is why LG threatened to sue...then never did. Apple's patents predated the Prada, or else LG would have dragged Apple into the nearest court. As for the capacitive screen, Apple OWNS the multitouch patent, and LG does not.
posted on Jan 30, 2013, 5:32 AM 0
Posts: 6023; Member since: Dec 30, 2010
Remember this lil article during the Apple vs Samsung trial....many ppl might have forgot: http://www.phonearena.com/news
Date on the slides....feb 2006. LG Prada and Samsung F700 there...
Look at that F700...and tell me why thats not an early version of the Galaxy S line. Look at the front of a Samsung Digital Photo Frame...and tell me why that cant be the early versionof the Galaxy Tablet.
I hear so much copying claims from Apple fans.....yet they dont feel the iPad is taking design cues from that photo frame. And if you pull up some iPad designs from before that Phto Frame...why didnt Apple try to sue Samsung over that? Apple tried to sue Moto for the Xoom....for hardware designs.
Put the thrusters on full reverse...and step out of Apple's field....
posted on Jan 30, 2013, 7:56 AM 3
Posts: 17357; Member since: Jun 17, 2009
Never mind the photo frame. The iPad is a shameless copy of the Knight Ridder tablet. Which, of course, Apple were shown several years before they came up with the iPad. I seem to remember something similar happening after a visit to Xerox Parc...
posted on Jan 30, 2013, 8:58 AM 1
Have you tried yoga yet, bro? It seems to me that you're more obssessed by Samsung now. Like I told you before, I know they made the best products out there according to professional tech reviewers but your fanboyism is going a lil bit too far..
posted on Jan 30, 2013, 6:31 AM 3
Posts: 4721; Member since: May 17, 2011
Samsung has change their ways and wants to distance from Apple by making every product look like the S3. but bottom line.. it wasn't always like that.. TouchWiz origins, Galaxy tab and S2 are copy of Apple,,,
posted on Jan 30, 2013, 12:44 AM 4
Posts: 1485; Member since: Mar 18, 2012
Oh please. They dont look or resemble the iPhone at all. If I pick up a GS2 I wouldnt confuse it for an iPhone. Even if I was blind and had hold them. Lets not even get into the OS. If anything the only thing they have in common is the home button on the same spot. I doubt anyone bought a Galaxy instead due to this similarity.
posted on Jan 30, 2013, 1:30 AM 15
Posts: 94; Member since: Nov 21, 2012
But this isn't a lawsuit on just the S1, it's for everything that came out after it starting with the nexus, which is weird because it came with stock Android, nothing of Samsung's tampering. Anywho, if they were just targeting that one device (S1), it'd be a while totally different, but be as it may, and it isn't, then you sir; are wrong.
posted on Jan 30, 2013, 4:48 AM 2
Posts: 103; Member since: Jan 23, 2013
They just both need to shut up and move on. Stop being little kids a decision was made now own up to your end and move on.
posted on Jan 30, 2013, 1:09 AM 2
Posts: 94; Member since: Nov 21, 2012
@xperia-knight I didn't think that I'd see.the day where we'd have yo disagree, but, let's get it over with... -sighs- Apple has been getting about 70 percent of the components that goes into the iPhone since the first one came out. For them to use similar it the exact piece of technology in their phones is within their rights because they do, in fact, MANUFACTURE the components in the first place. Ideas are a dime a dozen, as for the iconic "design" of the iPhone that is part of the lawsuit, it's stupid. Do you know why that is? The unique rounded edges, slim aluminum touch, the properly implemented screen aspect ratio of the iPhone... The.f**k do you expect Samsung to do, make a phone with the shape of a circle it a s**tty looking phone like the LG intuition? No man, phones keep evolving and only thing the Apple did was provide a new look for a phone. Everyone, I mean EVERYONE else took cues from the iPhone in one way it another. To say that Samsung stole from Apple although they sold them these things in the first place and to not use the.tech themselves would be a waste, it'd be the same as accusing musicians of stealing from others in terms of lyrics it a single pitch, to accuse a baseball player for swinging like another, accusing a soda company for using the same shape of a bottle. Bottom line is, once something new pops up it people so happen to gather what they already have and people use that idea and tweak it up abit, thus making it better than ever before and taking it to new heights? E v o l u t i o n. Trust me, sure as hell beats the hell out of sticking to the stagnant state of using "the same old thing" and moving towards "The next big thing". Moral of the story is, don't talk s**t about my brand...
posted on Jan 30, 2013, 1:57 AM 8
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