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Tokyo court rejects Apple patent claim against Samsung

54 Comments
By Kyoko Hasegawa

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© 2012 AFP

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54 Comments
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This could really hurt if the court follows America and sends a message to Korea to get off the island. Got to be politics in this decision. Feel sorry for Samsung but they copied as clear as day.

8 ( +16 / -8 )

Would it not be delicious if Japan banned Samsung products for copyright infrngment? I wonder if the "subtle" message would be heard.

11 ( +12 / -3 )

Pay backs are hard to swallow especially if it has politics involved. I don't feel sorry for Samsung but I do feel sorry for the already users of their products who may have to change their products die to this action against Samsung. All because Samsung could not think on their own.

4 ( +6 / -2 )

There is no doubt that Samsung copied Apple. Their internal memos are the noose around their necks. In the long run, however, it can only mean good things. It will force Samsung to innovate and come up with products that are different to the iPhone and iPad.

2 ( +5 / -4 )

I wonder what happens to people with Samsung products NOW? If found guilty is Samsung responsible to recall the Phone and either issue a refund or replacement of equal or greater value?

0 ( +2 / -2 )

Samsung could be in real trouble here given the anti-Korean sentiment going around.

Yubaru: "I wonder what happens to people with Samsung products NOW? If found guilty is Samsung responsible to recall the Phone and either issue a refund or replacement of equal or greater value?"

Well, karma for not buying iPhone! haha. Seriously, though, I'm sure people who have already purchased and are using Samsung products would be fine, but Samsung would not be allowed to sell certain models forthwith. The only problem I could see is if someone's phone runs into problems and needs repairs, but shops are not permitted to, or if it needs replacement that would be impossible with the same model.

Anyway, they'll be fighting this for a while yet. You'll probably be able to pick up an iPhone 5 before the court battles are done.

4 ( +5 / -1 )

I bet Samsung takes a walloping.

2 ( +4 / -2 )

I think we all know what the result will be, don't we?

Yeah. lol...

But the Japan banning Samsung is not really a serious blow for Samsung.

Japan is a very tiny tiny unimportant market for Samsung's Galaxy line of phones. If I'm not wrong, Japan is also the only country in the world where Samsung can't even sell one lousy TV because nobody wants to buy them.

Oh well, at least Japanese buy lot of kimchi and sea weeds from Korea. That's at least something..

0 ( +4 / -4 )

This lawsuit in the US has been a blessing in disguise for Samsung. The sales are off the charts after the lawsuit result. And there are so many new anti-Apple fans now because Apple is now considered very evil. The funny thing is Samsung is going to appeal, and this decision will be over turned soon because of controversy regarding how fair the trial was. So it will look silly on Japan after they ban Samsung products, but the rest of the world still allows the Samsung phones.

-5 ( +3 / -8 )

Customers lose in the end :(

-2 ( +4 / -6 )

It seems that South Korean company would face more lawsuits about patents in the future. It is just a beginning. Japanese major companies have been suffering from the lawsuits of patent infringements for many years in the past and have overcome them in 1960s, 70s, 80s, and 90s. More products spread out all over the world, more infringements of patent companies will face.

-1 ( +1 / -2 )

Funny how the fan boys are "down thumbing" everything which isn't positive of Apple. While other people are busy exploring different products, and weighing their options in order to find the phone which suit their lifestyle.... you all just wait in line for the next iphone 5.... Ya'll just don't want to see the facts: every company copies.....Apple does it too and then patents the crap out of it. They won't take away your precious iphone, but supporting this behavior is taking away other people's choices, or maybe you don't care about others..... Let the thumbing begin, but remember each time you click you just reinforce this egocentric sheeplike image there is .

2 ( +6 / -4 )

To hell with Apple, and that goes for android too. Waiting on windows 8. October couldn't come early enough for me.

-7 ( +4 / -11 )

Customers will gain in the end, by having products coming out of intelligent brains. Not from scams and thefts. Samsung should be banned from Japan, this would taught them a lesson. The current owners of Galaxy are not to worry: of course Apple won't do anything to those owning one, but it's expected that the Ice Burger Pizza (or whatever Android OS silly name) won't be updated, or they even may be downgraded. You Androiders may thank that to Samsung.

0 ( +6 / -6 )

LOL at Steve Jobs openly admitting (and being proud of) stealing other people's ideas.... Then turning around and suing all and sundry for doing the same thing.

They patented 'rectangular phone with large touch screen' for christs sake (this being one of the patents that Samsung was found guilty of copying). Apple winning the American court case just concreted my view that i will never support that company ever. Win the war by making a better product, not by suing your competitors to the ground

6 ( +11 / -5 )

Dutchduck: "They won't take away your precious iphone, but supporting this behavior is taking away other people's choices, or maybe you don't care about others"

In other words, they're taking away the customer's choice to choose the same thing (only worse)? As for the thumbing down thing, don't worry about it -- it looks like only one person, and the thumbs up/down thing is usually not at all indicative of whether your message is good or not. They are obviously entirely subjective (and no, it wasn't me).

0 ( +2 / -2 )

Also last week, a court in Seoul ruled the pair had both swiped each other’s technology and awarded damages to both technology giants.

I believe Apple had to pay a whooping $10,000 and Samsung a similar amount.

My favorite part of the Apple-Samsung show was when an Apple lawyer held up the Galaxy and the iPad and asked the group of Samsung lawyers to identify the Samsung product and they couldn't. Next favorite, the Galaxy ad that had a Safari icon.

3 ( +4 / -1 )

And there are so many new anti-Apple fans now because Apple is now considered very evil. The funny thing is Samsung is going to appeal, and this decision will be over turned soon because of controversy regarding how fair the trial was.

I very much doubt that this will be overturned.

Customers lose in the end :(

Actually they won't. They will win. Because instead of slavishly aping a design that some company has invested so much in, they will actually have to innovate on their own. Can only be good for the customer.

1 ( +3 / -2 )

Apple won in US, Japan will copy as always...

-2 ( +2 / -4 )

stop the freedom of choice arguments. you do not have the freedom to chose a face chanel bag for $50 on the street because it is illegal.

3 ( +5 / -2 )

Interesting. More than likely good attorneys on both sides. America and Korea seem to have a strong legal presence in Japan. At the same time, Japanese judges are becoming more objective and neutral. My belief is that politics may not play out in the judge's decision. Whatever the outcome it will help competition and bring about more innovative products. Always good for the consumer.

-1 ( +0 / -1 )

Japan, America's lackey, will rule in favor of Apple.

-6 ( +1 / -7 )

Yodobashi laughed at me when I requested to buy a battery for my Samsung Video camera.

1 ( +2 / -1 )

Japan, America's lackey, will rule in favor of Apple.

No they won't. They say that Samsung didn't infringe.

3 ( +3 / -0 )

Samsung's main competitor in the Android OS market here are Japanese phones (Sharp, NEC, Toshiba, Sony etc..) so a ban on some products might be a welcome news for the local brands. The question is, which particular models should be banned. I don't think the latest Galaxy-s3 model is included on the list that Apple requests to be banned.

0 ( +0 / -0 )

"But the Japan banning Samsung is not really a serious blow for Samsung."

Don't kid yourself, losing their case was a serious blow. I bet Mr. Sung is having sleepless nights. Their reputation as makers of cheap knock-offs is now reinforced. Moreover, their stock price is in shatters. I prefer android over Mac OS, but Samsung is not android. I prefer not to use or own stolen objects, ideas and knock-off products.

What is presently more serious is the injunction, currently before Judge Koh. If Judge Koh, as expected to rule, upholds the injunction and prohibits Samsung from selling their junk, Samsung will become irrelevant, and rightly so.

-2 ( +2 / -4 )

Samsung with ANDROID OS and Apple with different OS will not convince tech-savy Japan that Samsung copied Apple design and technology.

Apple cannot even convince Japanese judges that Samsung stole their ideas.

Japanese knew from the begining, as far as ideas is concerned, that APPLE copied a lot from Japanese companies.

In Dec, 2011, APPLE applied to patent Fuel Cell charging that Japan already did 2 decades ago.

Even other companies reacted to the glutunous act of Apple when it comes to JUST IDEAS BEING PATENTED.

http://news.cnet.com/8301-11128_3-57347294-54/apple-fuel-cell-patent-applications-envision-weeks-without-refueling/

Even not in Japan, other countries and companies were ahead of APPLE in IDEAS but APPLE always rush to PATENT other ideas in the USA. Like this fuel cell charging, other companies already published 6 years ahead of Apple. http://www.gizmag.com/go/5325/

-2 ( +4 / -6 )

Nice ruling. Excellent! Good on Samsung and awesome to win this in Japanese courts due to all the regional problems going on.

Apple is just running scared so they need to sue to try and scare Samsung and the gang. Well Apple it's not gonna happen.

How can you patent double tap, pinch/zoom, roundered rectangles and sorts?

If Apple made vehicles, they would patent the steering wheel, brakes and tires. Really they would!

Childish company. Companies that sit on silly patents and try to stop others from creating is their own downfall, history proves it.

Apple needs need to change direction and think more about competing and innovating awesome products, something which they are actually good at.

Samsung is never going away and Samsung will come out the winner in this batter of Mobile and Tablet devises in the end. Whether Apple likes it or not.

That shady American ruling will also be overturned too in the Samsung appeal. There is no way the higher courts will agree with the lower courts decision.

A kangaroo court and jurors based near Cupertino, CA, what would one expect?

Go Samsung!

-2 ( +5 / -7 )

Funny to update the headline after the comments were published.

Of course Japan had to reject this. If Samsung is found liable, half the electronics in Japan, as well as a whole century of other technology would be liable for damages.

4 ( +4 / -0 )

Apple is just running scared so they need to sue to try and scare Samsung and the gang.

Running scared? What are you smoking? Apple is the largest company in history. They are selling millions. All other manufacturers tablets put together are less than Apple is selling. They sold 17 million in Q2 alone. Next month the iPhone 5 will come out and they will sell well.

Samsung will come out the winner in this batter ... Tablet devises in the end.

Which century?

4 ( +5 / -1 )

"“The defendant’s products do not seem like they used the same technology as the plaintiff’s products so we turn down the complaints made by (Apple),” Judge Tamotsu Shoji told the court." Is this the correct translation. for a judge to use the term "seems like" means he doesn't know much about those patents or their technology. There can only be 1 of 2 rulings, either they did copy or they didn't. So I hope Apple asks for a true qualification of the ruling.

2 ( +2 / -0 )

I'm not sure how it "deals a major blow" to Apple, really. Just means the Samsung products will still be there, and Apple will still more or less dominate.

Southsakai: "Apple is just running scared so they need to sue to try and scare Samsung and the gang. Well Apple it's not gonna happen."

Only insecurity makes some comments. Apple is FAR from running scared. The iPhone is still more or less the preferred, and definitely the superior, product, and forget about other tablets if you want to compare to iPad. The iPhone 5 is about to come out, and if stores offer customers a free change (meaning, you don't have to pay a penalty for not using your 4S for the two-years contracted) they'll dominate yet again. And I'm willing to bet Samsung is also looking at iPhone 5 and developing 'their own' similar model.

As for the poster that suggested Apple stole ideas from Japanese cell phones for the iPhone, you've got to be kidding. If anything it's the other way around. The only thing Japanese phones have over the iPhone, if you're into this kind of thing, is that there are strap holes to hang stuffed animals and the like from.

-2 ( +3 / -5 )

Looking for Justice? Well, you've come to the wrong place...

2 ( +5 / -3 )

I'm happy about this decision; the trial in the US was a farce.

Reason, I have been in the design industry (industrial & web) for over 15 years and the so called smoking gun document in the design world is commonly used for competitive analysis when creating products and web apps. The document also clearly stated not to copy and differentiate. I think this sentiment was similarly expressed online by many.

Honestly whoever walked into a store bought a Samsung thinking it was an Apple was clearly smoking crack just like the apple lawyers.

Enjoy Steve's famous quote here http://www.youtube.com/watch?v=CW0DUg63lqU

-1 ( +6 / -7 )

Is this a reasoned legal opinion? "“The defendant’s products do not seem like they used the same technology as the plaintiff’s products so we turn down the complaints made by Apple,” Judge Tamotsu Shoji told the court."

0 ( +1 / -1 )

Clearly a political move

3 ( +5 / -2 )

The difference between the verdicts of Japan and the US comes from who was the judge: 9 patriotic juries in the US and 3 IT intellectual judges in Japan.

0 ( +4 / -4 )

Don't worry Apple will be copying the mini-tablets soon!

2 ( +5 / -3 )

How can verdicts be this different among different nations (US$1bn vs 0). Confusing.

3 ( +3 / -0 )

I do not think Apple is completely in the clean when it comes to stealing other companies ideas. On a more personal note, the winner for me is increasingly looking like HTC, coz I was just about to buy Galaxy Note or S-III. Now I'm inclined to favor HTC One S or One X. :)

1 ( +3 / -2 )

Dear smithinjapan, you're writing your comments tongue in cheek right? otherwise the plate (or the huge Apple sign) in front of your face turns you blind. In no way is an iPhone superior to a galaxy. it all depends what you use it for...you want to watch a movie?, An android is far superior to an iPhone, no converting your files just copy and paste. Navigation? An android will get you anywhere. Customizing? get an android. Bigger screens, no more cross eyed people. I can go on and on, and even though the iPhone is a great phone, it's by no stretch superior to a galaxy. remember when Apple introduced video conferencing...Japanese phones had this for ages. everybody is allowed to like their possession, no reason to become a hater.

2 ( +4 / -2 )

Of course Japan had to reject this. If Samsung is found liable, half the electronics in Japan, as well as a whole century of other technology would be liable for damages.

Patents are valid for 20 years after filing.

Can you give examples where a Japanese product is in clear breach of a patent?

It's so easy to say that the Japanese just copy, but one company alone (Sony) came up with the CD, DAT, minidisc, DVD and Bluray, all released to market within a 25 year period. A few years before that, they brought out the Walkman.

-3 ( +0 / -3 )

I'll stick with my Samsung Galaxy. A mate at work has an iPhone and they are nothing alike... for a start mine has a large 'SAMSUNG' logo under the screen for Pete's sake.

As for the US ruling... well, it was to be expected. US company in a US court with a US jury. It should have been a panel of experts from all over the world, not a jury.

-1 ( +5 / -6 )

The iPhone is superior to the galaxy. Of course Tokyo rejected Apples patent claims against Samsung. NTT and Japan Inc are the same entity and they don't sell the iPhone. Wow I wonder what phone they push??
-4 ( +5 / -9 )

Moreover, their stock price is in shatters.

Yeah, in the first day. Look back now, but it has regained all the losses. And it took only few days. Sorry, but Samsung's momentum is even higher now because so many people know it as the Apple fighter. Even if the US bans Samsung phones, the US market still only represents 17% of the entire Samsung phone sales world wide. If the US bans the phones, they are mostly outdated phones that are not even on sale anymore. So even the banning doesn't do anything. $1 billion fines? If it gets upheld, is not even 5% of entire profit for the year for Samsung who made $20 billion last year.

Anyway, this was kind of shocking that Japan would rule in favor of Samsung. Good on them for not letting their anti-Korean feelings to effect this ruling. On the other hand, if they found them guilty, they'd have to explain all the other Japanese companies who are also selling Android phones. This means only the US in their home court has found Samsung guilty. Every other nations of the world don't think Apple has a case, which shows how unfair the American judgement was.

1 ( +4 / -3 )

Oh come on, get a grip, this is the district court, which nobody respects. It's one step up frpm asking the airhead in 7-11 to opine.

Things don't get serious in Japan until the regionnal courts. As a matter of fact, unless someone is going to plead guilty, there's no reason for the district courts. The judges are totally useless. Individuals taken straight from law school and usually the offspring of sitting judges.

-5 ( +3 / -8 )

Dog, I don't know how Japan courts work, but if you're right, then this is premature I guess. We'll have to see what's going to happen, whether anti-Korean feelings will cloud the judgement of the Japanese judges!

1 ( +1 / -0 )

Prior art. Anyone ever seen Star Trek? TNG and Voyager had "pads."

In the USA there's a rule that if an expert in the field would come up with the same idea too, then it can't be patented. Apple hasn't "invented" anything unique in the computer industry. They just paid attention to details unlike anyone before. The GUI and the mouse were invented by Xerox, not Apple. The "app store" has been part of Linux since 2004-ish. Apple has stolen other people's ideas time after time. The same applies to other companies.

Software and firmware should be protected by copyrights, not patents.

I know this sounds harsh, but I work in technology. My coworkers started writing down every idea they could think of around audio and video playback and distribution when Blackberry first hit the market. Anyone "in the field" could have written the exact same ideas at the time. Nothing was unique about their skills or ideas except that the corporation would pay for the patent applications. I asked them about it and they were embarrassed, but hoped to get the company incentive "reward cash" for approved patents.

Doing something "first" doesn't mean you are the only team that would have come up with the idea. That alone doesn't make something patentable.

-2 ( +0 / -2 )

A judge ruling for Samsung is not surprising since you don't have to know anything about the law to be a judge in Japan. After all, they said that DNA doesn't play a role in paternity or who is the parents. As for Japanese celphone companies, they wrote themselves out when they convinced Japan to not follow international standards to protect them. That's why there are less and less Japanese cell phone companies in the world market. Even Sony needed Ericsson .

2 ( +2 / -0 )

While the South Koreans and Americans bicker about silly things like patents,who copied who, we all know the CHINESE will be copying EVERYTHING and ANYTHING from the USA, from JAPAN, from SOUTH KOREA, from FINLAND, NOKIA?? etc...and the CHINESE will keep making $$$$ hand over fist!! IMHO

-4 ( +1 / -5 )

ka_chan

I wonder where you got that idea. First of all Japan selected a different transmission format then the US thus became an unique technology. Most Japanese phones had various features that many international phones are planning to adpot now such as programable FID chips and/or one seg TV.

Another is Sony had desolved relationship with Ericsson a while ago.

-1 ( +0 / -1 )

Very strange this decision because apple had Sufficient evidence favorable to sentencing.

These judges received about $$$$ to give an opinion favorable to the samsung?

I smell bribery!

-1 ( +1 / -2 )

@SamuraiBlue Are there any Japanese cell phones on any or these lists? Is the Xperia a Sony or Ericsson or Sony Ericsson? World standard is G3/G4. What is sold in Japan is nothing compared to the world market which is dominated by Korean and Chinese manufactures for the most part with the addition of a couple of US and European companies.

http://cell-phones.toptenreviews.com/multimedia/ http://reviews.cnet.com/best-cell-phones/ http://timesofindia.indiatimes.com/tech/itslideshow/6519115.cms http://www.pcworld.idg.com.au/top_rated/mobile_phones/155/editors-choice-smartphones/ http://www.techradar.com/us/news/phone-and-communications/mobile-phones/20-best-mobile-phones-in-the-world-today-645440 http://www.pcworld.com/reviews/collection/1671/top_10_cell_phones.html

0 ( +0 / -0 )

ka_chan

Here is a link to the mobile communication arm of Sony; http://www.sonymobile.co.jp/

Do you see any reference of Ericson on there?

As for 3G/4G it's not a communcation format, it only represents 3rd generation/4th generation. Communication formats are like GSM(2G), CDMA2000(3G),W-CDMA(3G). The companies that had adopted GSM are dragging their feets to upgrade to the new format due to initial cost mostly are which in the US and Europe. Japan on the other hand did not support GSM from the beginning so upgrading from cdmaOne(2G) to CDMA2000(3G)/W-CDMA(3G) was not that much of a problem. Thus the Galápagos Syndrome of Japanese cell phones.

http://en.wikipedia.org/wiki/Gal%C3%A1pagos_syndrome

-1 ( +0 / -1 )

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