SAN JOSE, Calif. – Apple scored a significant but not complete legal victory on Friday in its landmark patent case against Korean rival Samsung, winning damages of $1.049 billion plus a verdict of willful infringement on many counts. The willfulness verdict opens the door to the judge awarding punitive damages of as much as three times the already record amount set by the jury.
Apple sought as much as $2.71 billion in damages from the jury and said it expected to gain at least $500 million if any infringement was found.
The nine-person jury here found that many Samsung phones in question violated most of Apple's two design and three utility patents. However, the jury found that Samsung's tablets do not infringe Apple's iPad design patent.
As a result, Apple is
more likely to press the patents under consideration in this case in
other patent lawsuits as well as in private negotiations with Android
The judge in the case set a Sept. 20 hearing to determine whether to set an injunction against selling in the U.S. any of the products found to be infringing. Those products are generally a set of about 12 Samsung Galaxy S and S II handset models.
Samsung said it will appeal the decision, saying the verdict will lead to "fewer choices, less innovation and potentially higher prices."
The decision validates the strength of at least four Apple patents in the case, the exception being a design patent on the industrial design of the iPad. The jury also found that Samsung violated registered and unregistered trade dress, a reference to product "look and feel," on both the original and 3GS iPhones. The jurors did not buy Apple's argument about the look and feel of the iPad, however.
Apple did not infringe any of the five utility patents Samsung alleged, including two patents Samsung considered part of the 3G cellular standard. However, the jury found that Apple failed to show that the patents were invalid or that Samsung had broken contractual agreements or antitrust law regarding how the Korean company pursued the patents and their licensing.
Apple and Samsung both worked hard to show the other side's patents were invalid, bringing in many examples of what they claimed were prior art along with expert witnesses, including top academics. Ultimately, the jury held that all patents were valid.
Well, the good thing is this is over and it's my impression that it was a fast process.
Now let's see what people with samsung phones think and do.
Will they opt for the iPhone instead?
And from all this... what does the industry learn? To make a big effort to not copy the top player?
Isn't this something that happens often in the industry? I mean... come on, a mobile phone is a mobile phone and there's not much form factor difference you can put in the design. Would there have been another reason behind which got these competitors in to the fight?
And isn't it funny how they are competitors in one field and vendor and client in another? Qualcomm tried to do this some years ago and couldn't. Part of the argument was that Qualcomm was competing against his clients.
apalling: apple deserves what it earns though its dedication to user experience, including cosmetic design. but it deserves no more. in particular, it does not deserve to stake out the whole universe of possible smartphone designs, excepting triangular and difficult-to-use ones. apple is an abusive monopolist of the worst order. I can only hope that IP reform will happen before samsung's appeals end.
Amazing how every court that apple tried this in around the world except the US was a loss for Apple. I guess this kind of result doesn't surprise me. Gotta support the home team. But clearly the jury weren't very intelligent if they found that the tab didn't infringe but then awarded damages against it. If I were Samsung I'd just skip the US market and focus on the rest of the world. Whats 350mil ppl comapred to what another 5.5 billion?
Maybe that kind of tactic would get better results when the American consumer is outraged at having to buy a Samsung product on overseas holidays.
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