SAN JOSE, Calif. — Jurors here awarded Apple a fraction of the patent infringement damages it sought from Samsung, failing to hurt the Korean company or slow down the Android juggernaut, analysts said.
The verdict in the second Apple v. Samsung patent infringement case here gives both sides reason to claim victory publicly and feel defeat privately.
Apple can claim it won by far the most damages ($119.6 million) and proved the most instances of infringement. However, it reaped little more than 5% of the $2.191 billion in the damages it sought -- far less than the $1.05 billion awarded in its first case here 18 months ago -- and the jury found no infringement on two of its five patents in the case.
Samsung was awarded damages for Apple infringing on one of its patents, but it got an even smaller fraction ($158,400) of the total ($6 million) it sought, and a fraction of the amount awarded to Apple. It was the first decision in the two cases of Apple infringing on a Samsung patent.
A few shoes have yet to fall in the case. Judge Lucy H. Koh will be asked to grant an injunction against Samsung selling infringing mobile devices in the US. That's not widely expected, and in any case, Samsung's latest models (such as the Galaxy S5) were not at issue in the trial.
Jurors found Samsung guilty of willful infringement on the '721 patent, on which it awarded just $750,648 in damages. The decision gives Judge Koh the option of increasing those damages up to threefold.
On Monday, jurors will be dismissed and will get an opportunity to talk publicly about their thinking behind the verdict. It's anyone's guess what the four men and four women on the jury will do.
Before they are let go, they will be asked why they assessed no damages for one Samsung smartphone they decided had infringed -- an apparent mistake caught by Apple's attorneys.
The eight-person jury decided Samsung owes Apple $119.6 million for infringing on three of its patents. Apple owes Samsung $158,000 for infringing on one of its patents. The full verdict form is below.
Yes, it is all in strategy...there is an interesting view that Samsung should had been shut down years ago for illegal patent practices:
"According to various court records and people who have worked with Samsung, ignoring competitors' patents is not uncommon for the Korean company. And once it's caught it launches into the same sort of tactics used in the Apple case: countersue, delay, lose, delay, appeal, and then, when defeat is approaching, settle. "They never met a patent they didn't think they might like to use, no matter who it belongs to," says Sam Baxter, a patent lawyer who once handled a case for Samsung. "I represented [the Swedish telecommunications company] Ericsson, and they couldn't lie if their lives depended on it, and I represented Samsung and they couldn't tell the truth if their lives depended on it." -- Vanity Fair:The Great Smartphone War."
Great thank you for enlightening us that intellectual property protection in India is at many times no better than in China and appears at the whim of the state. now I know not to outsource software development there or anything where IP protection is important.
>Haven't the jurors been using word processors for the past decades?
Even if any particular juror knows for a fact that this feature was invented by someone other than the parties to the lawsuit, they cannot find the patent invalid if evidence in that regard has not been presented in court during the trial. So when there is an 'oversight' of this sort, it is really the lawyers' fault. I thought the Samsung laywers did not bring convincing evidence in their own defense on this one and was therefore not surprised by the outcome.
One can argue similarly as you do about what Apple calls quick-links and wonder when Apple invented embedded links. Similarly on that one, Samsung did not present that angle in their defense and were not convincing.
I covered parts of the trial for EETimes and I can only say the attorneys' lack of understanding of the technology boggled the mind.
I'm too lazy to check out the other patents, but certainly Apple didn't invent autocorrection? I don't understand how these apparent oversights continue to be allowed in these Apple v Samsung lawsuits.
>> The eight-person jury decided Samsung owes Apple $119.6 million for infringing three of its patents. Apple owes Samsung $158,000 for infringing one of its patents.
It is the same parity you see in the banking industry where European banks are hit more than U.S. banks on these penalties by U.S. regulators. What is $158k for Apple? I know the jurors knew Samsung is not American.
>> Apple infringed Samsung's '449 patent on presenting photos and videos.
That is very unfortunatel that Apple copies others and yet have the boldness to be making this noise. This has nothing to do with infringement. They want Samsung out so they can sell iPhone for $2,000 per unit