The verdict “was a message to the industry at large that if you are going to compete in this country there’s a set of rules, and if you decide to take a calculated risk and infringe you need to be willing to pay a price for it,” he said.
Lawyers debated in court whether Samsung was copying Apple or merely benchmarking the competition. Again, Hogan recalled his own experience.
“I worked in R&D at Memorex when IBM first came out with the Winchester hard drive,” he recalled. “One weekend a colleague and I were tasked with reverse engineering it.
“We were concerned how IBM created an index point against the clock to establish where to write on the disk,” he said. “Once we saw how they did it, we asked ourselves how we could do it differently.
“I was tasked with designing a pattern generator which would create our clock track with an entirely different way to create the track,” he said. “We set out to understand [IBM’s drive], but made sure we would not copy it--it just takes a little innovation to do that, and at no time did IBM sue us,” he recalled
“Benchmarking is benchmarking, but that’s no carte blanche to copy a competitor,” he said.
Good news is, there now seems to be ample evidence for a mistrial.
Whether you agree with the verdict or not, this juror completely subverted the justice process. The fact that he's so bursting with pride that he can't even see what he has done just doubles the epic fail.
The result of the lawsuit shows how out-of-touch the current patent system is. A system that is not too different from the one that enabled/encouraged the British East India Company to conquer America, India and other countries...
I like Apple's products a lot (bought iPhone 1, iPhone 3GS, iPad 1, new iPad and a MacBook) and admire Steve Jobs/Apple's focus. But this lawsuit is a sham.
Even if Samsung copied some of iPhone's features, the final result of awarding 15% of Samsung profits is just plain wrong. Here's a simple reason why - I bought a Samsung Galaxy S2 not because of the Zoom, Rotate or List scrolling features or its likeness to iPhone. I bought it for the simple reason that it was more flexible (for customizaiton), more open & I could easily move files around. Why does Samsung have to return the profit from my sale?
The jury decided on a very simple reasoning that Samsung infringed these 5 patents and these 5 patents were the only reason all of Samsung's customers bought their phones. That's too simplistic.
Based on so much prior art listed in the comments section of this article alone (including the awesome TED video), the patents should be declared invalid.
Apple has already more than enjoyed the fruits of their labor with the iPhones and iPads with unprecedented profits & stock price. This lawsuit shows both greediness and worry that they can't keep up with the innovation in the rest of the smartphone world.
To Apple's engineers - I'm sorry that after all your hard work, your lawyers had to prove your innovation based on a scrolling, zooming and pretty icons... Keep up the good work.
Jurors are free citizens and a public trial is just that - public. They can say anything they want. However, I do NOT recommend you do so. In two juries I was the foreman on the last thing I told the others was that they had the right to say anything they wanted to anyone about it. But I for one absolutely refused to be interviewed by attorneys for either side and I recommended that other jurors also refuse. My mother-in-law allowed herself to be interviewed by attorneys after a case and was promptly sued by those attorneys. Defending herself ran into 10's of thousands of dollars.
I totally agree with you on one point. The iphone changed the mobile world, forever. And once again with the ipad. No one can refute that. And I agree, the most compelling factor for this was the interface, including the two UI patents. And part of the story was the looks, but in my mind, an insignificant part. There have been better looking phones before and after iphone. Consider Nokia 9 series, LG prada, Samsung SGH, LG prada among many others. None have been as successful, and for a good reason: As far as looks are concerned, I would always go for an iphone over say, a galaxy S or S2. [The SIII is a different story]. The reason so many people bought the S/S2 was mostly because of cost, Android openness vs Apple closed system , hardware specs, and yeah! Samsung's brand image.
The UI patents were valid targets. I do feel however since they are quite obvious (yes, in hindsight) they probably should be licensed to promote fair competition,rather than fought over in courtrooms.
Apple is an innovative company. But they need to continue to innovate to keep ahead of competition, not use lawsuit to kill competition.
We seem to have forgotten that the cellphone is not a piece of plastic/metal/glass or a piece of software existing in the ethernet. Samsung OLEDs or tehcnology manufacturing involves 100s of innovations. The average user takes them for granted, but these are part of what makes the iphone or ipad tick. So, in one sense, Samsung shares the success of Apple, and contributes to the innovative process. One must not ignore that when calling them copycats.
P.S: The windows 8/RT release timing seems to be superb, in light of this lawsuit. Curious as to if and how that changes the landscape.
David Patterson, known for his pioneering research that led to RAID, clusters and more, is part of a team at UC Berkeley that recently made its RISC-V processor architecture an open source hardware offering. We talk with Patterson and one of his colleagues behind the effort about the opportunities they see, what new kinds of designs they hope to enable and what it means for today’s commercial processor giants such as Intel, ARM and Imagination Technologies.