Split decision in South Korean courtroom leads to ban on Apple and Samsung devices

Split decision in South Korean courtroom leads to ban on Apple and Samsung devices
Despite holding a homecourt advantage in a South Korean courtroom presided over by a panel of three South Korean judges, the best that Samsung could manage in a patent suit against Apple was a split decision. The court ruled that each side had infringed on the other's patents and the Apple iPhone 4S and the Apple iPad 2 are both banned from being sold in the country along with various Samsung smartphones and tablets.

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.

The South Korean court ruled that Apple did infringe on two of Samsung's patents while Samsung did infringe on Apple's "rubber-banding" or snap back patent. This patent was discussed for hours in the U.S. trial, and the ruling against Samsung has lead to the South Korean court banning sales in the country of the 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


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41 Comments

1. redmd

Posts: 1917; Member since: Oct 26, 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: 414; Member since: Jan 02, 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: 5993; Member since: Dec 22, 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: Jan 23, 2012

ting ting ting and the real winnder is:Lawyers!!!

2. Jphones

Posts: 256; Member since: Feb 10, 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: 133; Member since: Aug 13, 2012

Ooohh Apple's not looking good on this side of planet Earth!

4. rusticguy

Posts: 2828; Member since: Aug 11, 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: 1476; Member since: Dec 01, 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: Aug 11, 2012

By saying usersw mistake Samsung for and iPhone, Apple is doing nothing but INSULTING the intelligence of their own followers :)

16. JC557

Posts: 1918; Member since: Dec 07, 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.

20. jopancy

Posts: 78; Member since: Apr 25, 2012

is that really suprising?

31. buccob

Posts: 2956; Member since: Jun 19, 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?... - Yes - 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: Mar 06, 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: Oct 17, 2011

What the heck did I just read.. Samsung banned in Korea!!!?! Am I dreaming?!?

9. frydaexiii

Posts: 1476; Member since: Dec 01, 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: Apr 04, 2012

Of course they are. Do you realize what our economy is like right now?!

26. remixfa

Posts: 14605; Member since: Dec 19, 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: 4721; Member since: May 17, 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: Mar 06, 2012

*gasp*!!! Your're back!!!! But your sarcasm is gone....

40. remixfa

Posts: 14605; Member since: Dec 19, 2008

and he learned how to type in his absence. how odd.

37. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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: 14605; Member since: Dec 19, 2008

i didnt say support this or support that. I was just stating a fact. Big difference.

41. Lift_Off

Posts: 152; Member since: Apr 04, 2012

its not all about where they manufacture the parts... http://techland.time.com/2012/04/02/why-america-needs-apple/

7. megaSUNNY

Posts: 88; Member since: Jun 26, 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: 84; Member since: Aug 17, 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: Aug 11, 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: 84; Member since: Aug 17, 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: 227; Member since: Jul 20, 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.

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