Samsung to contest U.S. verdict in favor of Apple

It's win for innovation and advancement. Quit stealing from American and Japanese companies and create something original. List of Nobel laureates by country. There are Nobel laureates in science from China, India, Japan, Pakistan, and Taiwan but no Korea.

http://en.wikipedia.org/wiki/List_of_Nobel_laureates_by_country

SamEsuxAug. 26, 2012 - 07:09AM JST

It's win for innovation and advancement.

This is a big loss for the consumer, I for example got an iPhone as a gift, it's a good phone but there is a reason why Samsung is more popular now, I would like to replace it soon, but what if by then sales are banned? Less competition = higher prices, less options.

Case dismissed!

The verdict is a shameful embarassment for Samsung, and will force its R&D people back to the drawing board ............................................It has implications for other companies developing / implementing this technology . ...................................................... Samsung ( and other companies) will have to pay Apple licensing fees for access to the technology, or develop smarter technology to create similar features that don’t violate the patent.

On Friday, August 31, Japan court will also decide the patent charges of Apple to Samsung.

With political and diplomatic rift between Japana and Korea, SAMSUNG by default, will gonna lose too.

Only in the Kangaroo court of South Korea that Samsung would win.

Less competition = higher prices, less options.

Noumen.arete-san,

I think this is going to ensure more competition and more innovation. Samsung copied the iPhone. Surely this is less of an option. An imitation iPhone is just another iPhone.

In any case, they don't need to copy. They have plenty of drive, money and engineering talent.

It's going to get interesting.

Cell phones create a needless drain on the household finances. I got rid of mine and was amazed by how much more money I suddenly found in my bank account, without feeling the least bit inconvenienced. I have no desire whatsoever to join the mindless stampede to upgrade my toy each time a new version is announced.

'It will lead to fewer choices, less innovation, and potentially higher prices,' it said.

Looks like Samsung has already admitted defeat. If Samsung thought it could successfully appeal the verdict it wouldn't be making such dire predictions.

As I've said before, this will go on and on and on, and people will eventually forget who is the winner and who is the loser.

“It will lead to fewer choices, less innovation, and potentially higher prices,”

How does the loss of a product that mirrors another lead to 'fewer choices and less innovation'? Surely creating something original would be innovative and lead to more and a better range of choices?

bicultural: "Seems like the troll targets only posters who say something negative about korea or korean companies."

Of late, yes, but I wouldn't say it's limited to such posters or on the subject of Korea.

SamEsux: "Quit stealing from American and Japanese companies and create something original."

To be fair, Japan has stolen its fair share from Korea and Korean companies as well. Heck, lots of Japanese think Lotte is a Japanese company! It's been argued the blue light diode was stolen from a Korean company.

Design patent infringement of a device having a shape of rectangles with round corners.... Hum....

First of all, how the USPTO (US Patent Office) granted patent to this vague too generalized design? Does the old style calculator have the same shape? What about the plastic credit card? Digital photo frame? An e-book? You see the USPTO was too lenient in granting this kind of design patent. Samsung should appeal to USPTO first to revoke this design patent.

Secondly, what about Motorola, Sony, RIM, HTC and others? they all infringed the design patent of rectangula round corners... They either have to shut down or pay loyalties to Apple. So, they will team up and appeal to USPTO.

Thirdly, design patents expire 14 years after the first disclosure of the design. Apple introduced Iphone in 2005, so it was probably filed 2 years ago in 2003. So it will expire in 2017.

Finally, If Samsung and other Android phone companies stop providing parts to Apple, the quality of Apple products will be much worse. Apple Inc. is like Nike. It does not manufacture or produce anything. It designs and develops the phone with softwares. But without hardwares, no softwares will function. You cannot cook a delicious meal with recipes alone. You need refrigerator, knife and dish plates for a nice meal.

Backlash against the verdict by the patriotic juries can be harsh.

highhopeAug. 26, 2012 - 01:09PM JST

Design patent infringement of a device having a shape of rectangles with round corners.... Hum....

First of all, how the USPTO (US Patent Office) granted patent to this vague too generalized design? Does the old style calculator have the same shape? What about the plastic credit card? Digital photo frame? An e-book? You see the USPTO was too lenient in granting this kind of design patent. Samsung should appeal to USPTO first to revoke this design patent.

Better yet, another of Apple's patents "violated" was on drawing rectangles onscreen... not like it hasn't been done since the pre-STAR days.

http://www.ubergizmo.com/2012/08/pinch-to-zoom-and-other-gestures-demonstrated-to-apple-by-adam-bogue-in-2003/

On top of Bogue's pinch to resize and double tap to zoom (visible on video), you also have the Minority Report gesture technology that had just that.

Software patents are the scum of the earth, overused and over litigated, as well as poorly defined. If software patents were normal patents, we would see people patenting the wheel and ramps instead of hydro-dynamic bearings and intermittent windshield wipers. The other horrible thing is that they are result patents rather than implementation patents. It would be like saying you patent windshield wipers moving left and right rather than using a motor or hydraulic to move windshield wipers left to right.

I did not know the pinch-to-resize was demonstrated already in 2003.

It is called "Prior Art" that is a basis to refuse to grant patent. Even the method of doing the pinch-to-resize is different, the method has been used in other invention, it is not patentable. For example, lets say, I invented an electric shaving razor using a solar energe not the AA batteries, it is not patentable because solar energy has been used for heating the home boiler.

USPTO is capable as it has a good reputation but probably not when they are dealing with a powerful company. Watch out who was the USPTO officer granting this patent to Apple and where he or his wife is working. Working for Apple now?

Samsung is history.

What I want to know is how this is going to affect the Android OS.

Anybody know if the infringed features are included in Android?

I'm glad that Google bought Motorola, as my photon is a solid machine, unlike the wife's defective Samsung.

ubikwit, motorola is owned by Google.

Samsung case is a proxy for Google.

http://online.wsj.com/article/SB10000872396390444130304577557002317780484.html?mod=rss_whats_news_us

highhope

thanks for the link.

according to the article:

Apple is asserting three patents in the current case that touch on features associated with Android or Android apps. Like Apple's iOS software, Android also allows consumers to control devices with gestures on a touch screen, run apps and present information via arrays of icons. One of those—related to the screen bouncing back when a finger swipes beyond the edge of a page—isn't in the current version of Android. The other features could require software modifications if the court finds Samsung infringed them.

it looks like google has already removed one patented feature from the most recent version of android, so there won't be much of an impact. apparently there are no GUI related issues.

the design patents violated by samsung are hardware are a separate issue for the phone makers. my motorola photon does not look like an iphone.

actually, i may have mispoke, because the other two software patents relate to the interface, so android may have to be substantially redesigned, or the patents licensed from apple.

ubikwit, Then what is the next? Is it good for the customers and the US? Or just good for lawyers? It is good to dray all the way? Too much patriotism can blind the eyes.

Remember how long the GUI lawsuit battles between Microsoft and Apple took?

You may say I am biased as my wife is Korean. But the 9 juries delivered the verdict within 1 day? For 900 pages and almost 200 items to decide? It must have been set already.

Just in case anyone is asking if it is only round corners and rectangular shapes that infringed patents....well go to

http://www.patentlyapple.com/

Samsung sold more smartphones in the first three months of the year than Apple and raked in more than 70% of its operating profit from mobile businesses.

Kind of scary when you think about from a standpoint of putting all your egg in one basket and also 9 people have the potential to change the landscape of the current industry.

Not to familiar with the case but is Apple asking for an injunction?

highhopeAug. 27, 2012 - 07:03AM JST

You may say I am biased as my wife is Korean. But the 9 juries delivered the verdict within 1 day? For 900 pages and almost 200 items to decide? It must have been set already.

It seems that way, here's a quote from one juror:

"I was thinking about the patents, and thought, 'If this were my patent, could I defend it?'" Hogan recalled. "Once I answered that question as yes, it changed how I looked at things."

This case was clearly and illegally decided by the judge. 109 pages of instruction is enough to prevent anyone from thinking about anything the judge didn't allow. As an IP professor said:

"This case is unmanageable for a jury," Robin Feldman, an intellectual property professor at the University of California Hastings Law School, said before the verdict. "There are more than 100 pages of jury instructions. I don't give that much reading to my law students. They can't possible digest it."

The Judge was clearly biased and ignored the law in admission of evidence, throwing out some very damning evidence simply because she didn't want to see apple lose:

"For example, Samsung referenced clips from 'Space Odyssey' and 'Tomorrow People' in its opposition to the preliminary injunction in a general discussion of the background of the field. Samsung did not, however, argue that these references supported an invalidity or non-infringement theory. That Samsung changed tack after the close of fact discovery to include these references in their invalidity theories likely prejudiced Apple, who was not made aware during the preliminary injunction proceedings that Samsung intended to rely on these two prior art references for invalidity."

The clips were including during fact discovery (as Koh never denies that), and thus should have been eligible. In fact, Apple pulled some nasty "experts" of their own company and Koh allowed it even though they would have no legal merit.

Koh has a long record (despite her short tenure) of getting her verdicts thrown out almost instantly at appeals, and this will be just another strike against a clearly incapable judge.

The "square with round corners" stuff is a distraction, the real theft is all about the hundred million dollars technology bought by Apple and used without permission by Samsung. It is amazing how some people choose what to write about, and defend theft.

Dear LostinNagoya san:

http://lauramlloyd.wordpress.com/2012/08/14/u-k-judge-orders-apple-to-announce-samsung-did-not-infringe-ipad/

So UK judges are more stupid than US juries.

LostinNagoyaAug. 27, 2012 - 09:51AM JST

The "square with round corners" stuff is a distraction, the real theft is all about the hundred million dollars technology bought by Apple

That would be a knowledgeable infringement of the truth, as you would be countering Apple itself. Apple contends that all the patents were made in house and original, therefore none were purchased

Hey, Aussie dud,

Is it I-Pad or I-Phone? Steve Job could have seen this when he traveled Sydney years ago for honeymoon! Absolutely it has the "rectangles with round corners" And it has a black screen where you can write onto !

this just shows how stupid Californian juries are, if they had brains they would be working and figured out how to get out of jury duty.

if samsung used some hardware technology (not design) that apple had or actually copied some software from apple (line for line) then they would have a case. but copy a design? that can not be something you can patent.

the jury is STUPID STUPID STUPID people.

gmarcotteAug. 27, 2012 - 12:25PM JST

but copy a design? that can not be something you can patent.

Ever since the patent reform act, it sure is! However, with certain exceptions it's impossible to use in court. This is NOT one of those exceptions though.

Who should own the RECTANGLE with ROUND CORNER Patent.

I had this model here in Japan 10 years ago. A SONY Multi-function phone in 2002.

http://www.sonyclie.org/images/newer/sl10.jpg

Hey, Aussie,

I cannot believe this!

You should contact Samsung to inform this device. They may take as a paid witness for their appeal. I believe the paid witness gets $500-1000/Hr!

Now I know why Samsung want to have the ex-Apple designer who had worked for Sony 15 years ago as a witness. Unfortunately the Samsung's request was denied unfairly because the designer quit Apple just before the trial began! His name is Shin Nishibori!

http://www.forbes.com/sites/connieguglielmo/2012/07/31/samsung-after-begging-to-get-sony-into-apple-patent-trial-flouts-judge-and-releases-excluded-evidence-anyway/

Amazing!!!

highhope

the case is not so complicated as the high number of pages makes it sound.

the jury found some of the phones to infringe some of the patents, and awarded apple less than half of the 2.5 billion they had sought. i don't think that the juries decision was irrational, and we'll have to wait to see how the judge rules in the near future regarding the exclusion of the infringing models from the US market.

this is about intellectual property, and that is good for the public, because new ideas are what takes us into the future.

it's clear that samsung took ideas from the iphone in an illegal manner. that is unfair in the free-market, so they have to pay, and they have to develop their own ideas.

as far as google goes, i'm sure they will figure out whether they can design the android interface without violating apple's patents, or they will seek a license. they probably have some patents in their portfolio by now that apple might be interested in as well, so it could be settled with a simple cross-licensing agreement between the two companies.

since motorola has not mimiced the appearance of the iphone, google has nothing to worry about but the software patents in the android OS. other phone makers may have more problems.

Now for the meat of the problem, Google your next.

If anyone hasn't noticed Apple is suing every~one, not just Samsung. Why? Because they have $100s of billion in free cash that they don't know what to do with. Some lawyers managed to get their hands into the biggest cash cow in the world. Why is Apple popular? Sheepeople. def. brainless people who act like sheep following each other without thinking for themselves.

The court case barely had any significant technological infringement. It mostly aesthetic complaints, as many have heard Apple has patented the rounded rectangle...

Apple is ... well a Bad Apple full of narcissists that sell products for narcissists.

By the way Apple isn't innovating on anything, their laptops / phones are made from the same components from 3rd party manufacturers that other companies use, such as Intel. At one time Apple mostly definitely had Samsung as a supplier too, since they are the world's largest maker of LCDs.

Wake-up people