Apple vs. Samsung

Just when you thought the Internet was safe from the the Apple v. Samsung courtroom drama, it comes back. Today Judge Lucy Koh, who is presiding over not one but two (and possibly now a third) trials between Apple and Samsung, has ordered the $1.05 Billion dollars awarded to Apple in August 2012 to be cut by $450,514,650. It seems there are some questions about per-product damages for 14 Samsung products found to be infringing. Like the Nexus S 4G, which totally looks like an iPhone.

To get things sorted and determine any actual damages for the devices in question, Judge Koh says we're going to need a new trial. Further deliberations could lead to an award of more than the $450 Million that was vacated, or less. Apple also has asked that pre-judgement interest be considered, and the court approved the 52-week Treasury bill rate (about 0.16-percent). In the end, Apple could very well end up winning more money than originally awarded after the new trial.

For us, all this means is that the price of your next iPhone or Galaxy S phone will have to be padded a little bit to cover legal fees. Samsung can afford to throw a billion dollars to Cupertino, and as we saw with the original decision, the lawsuits have done nothing to diminish interest in Galaxy S phones. As the popular saying goes, only the lawyers will win.

Now feel free to fill the comments with all your tasteful responses and thoughtful, loving words.

Via: FOSS Patents


Reader comments

Apple vs. Samsung: Damages cut by $450 Million, new trial ordered


Like it has been said before and will be said again. Whether Apple wins or Samsung wins... inevitably the consumer loses.
BTW I clicked on the "Nexus S 4G" link and I could have sworn that iPhone was running Android... :P

This reminds me of the Led Zeppelin Song Name-- The Song Remains the Same.

Seriously, this is ridiculous. WTG crApple on giving up on innovation for litigation. And they wonder why ios is now dropped to 20% of the market in mobile. Karma is a bitch and Apple's reckoning is just beginning

That is not out of the question. The whole thing could get overturned.

In fact I've predicted that the whole 1 billion will be overturned. And so did Groklaw.

Remember that there were serious problems with the first trial. Remember Judge Koh shooting off her mouth before the trial began stating the the Galaxy 10 tablet was a clear infringement of Apple IP only to have the Jury find zero infringement for that tablet.

Then the biased Jury foreman. Samsung hasn't even got to the appeal stage on these issues. And several of the Apple patents in question are under attack, and may be invalidated.

Koh said: " Court has identified an impermissible legal theory on which the jury based its award." BAM! Appeal grounds. Right from the judges mouth.

Stay tuned folks. And don't believe for a minute that these suits are ALL bad for consumers. That's just frustration talking. When these huge suits fail, and I still predict Apple will fail in this case, consumers benefit, because fewer companies will try it to enforce and silly patents in the future by going nuclear on trivial things.

Well said, icebike.

I agree. And with everything the jury foreman said after the trial about how he instructed the other jurors to disregard the judges orders, I don't understand how it wasn't overturned immediately. Of course, I guess that's what the whole appeals thing is for.

Here's hoping someone can come up with a way to get the patent system fixed. I am relieved to hear that the USPTO is having "round table" discussions with people about ways to keep these "a means to" patents from being used as a cudgel to prevent people from being able to make new software.

I swear I think Koh has stock in apple with what happened before, or maybe Koh was given stock after the first lawsuit. Hope she sold it because apple stock is falling.

In other news, GM is considering a lawsuit against Ford for using design themes such as door handles, wrap around tail lights, and clear windshields

Actually, Oldsmobile, a defunct division of GM was making cars 6 years before Ford .... So the original comment stands. Not sure if the had door though ...LOL

I never seen or even heard of Television manufacturers suing each other in lawsuits.

And TV manufacturers had Flat rectangular devices with rounded edges before crApple ever did. Maybe TV manufacturers should be suing apple for copying their designs

Jerry said "loving words" lol somehow I cant see that happening.......sent from my inote3.7 running the big red not now network.....

This post is interesting because of that song. Guaranteed to have that in my head long after the Apple/Samsung fades to obscurity.

Hopefully this helps HTC. Haha, seriously though, Samsung has mirrored Apple hardware with a different OS for a long time now, but so have lots of companies. I'm surprised (well, almost surprised considering HP/WebOS's patents) didn't get sued for the touchpad. It's dumb, but I think Samsung could have taken a different approach to its phones instead of designing Appledroids and we wouldn't be here.

To say that Samsung "mirrored Apple hardware" is a bit silly, considering Samsung made about 85% of the components inside the iPhone 4S and older. That number has dropped to about 35% now (I think), but still. The only thing Samsung really did wrong, was to let their icons (by design, I'm sure) get too close to the way they looked on the iPhone. As for overall phone design, what shape would you prefer they use? A triangle?

Every Samsung device I've ever seen says "Samsung" in silver/gold letters across the front of the device, just above the screen. For Apple to say that customers might "accidentally" buy a Samsung device instead of an Apple is, at the very least, accusing their potential customers of being illiterate.

It's that kind of thinking that is causing all this nonsense in the first place.

Just because devices look similar, doesn't mean anyone "mirrored" or copied anyone else. The so-called infringing devices look a lot more like early Samsung phones (made & released before any iphone) than they do to any Apple device... as you will see when this case has finally finished and Apple loses (if any of us live that long).

What Mueller (FOSS Patents) doesn't say is that the judge found the jury were using "impermissible legal theory" despite explicit instructions not to do so. Courts are very deferential to juries. Speaks volumes about the quality of the jury in this case. Read the court document:

"One of the experts, however, presented a theory that the Court had ruled legally impermissible. Though the Court gave a curative instruction, explicitly telling the jury that it was not allowed to apply that theory, the amount of the award made plain that the jury had applied the impermissible theory anyway."

The jury foreman has already admitted several times on talk shows about the case that he told the other jurors not to read the judges instructions because he "already knew about the law".

Apple hasn't improved that dull ass OS they call IOS for a very long time, the last big improvement was their notification bump that they stole from Android, hahahahah. Well Apple might as well spend all their money on litigation because they are not spending a dime on innovation. Apple is yesterday, see you in the rear view mirror. Apple is led by the worst bunch of asses. What goes around comes around.

I'd like a half quarter please! Its the weekend!
Wow, Samsung isn't even a rectangle.
They do both have a screen...and make calls. Like someone above said, I can't atm see who as I'm replying, GO HTC! Go my little one, the true smartphone company, I didn't think a smarphone/pocket pc could get sexier than the OneX, and I knew that looking at Samsung, Lg, Apple, all the rest - I KNEW they can't top that design this or next year, so I was hoping to just go with the OneX+ beast, but....HTC has done it again, as only they can top themselves! Apple is prolly kicking itself in the ass for letting HTC do whatever with their patents, considering the latest HTC One, it could have been a prime target for Apple, but its not a copy of anything, its truly unique like so many HTCs, and won't be topped by anyone, not this year for sure. They have really earned the top design spot, most original.

I think that what this "new" trial boils down to is that the good judge Koh loved the attention she got from the first trial.... Nothing like keeping your name in the news, using the law as your excuse to do so, huh Lucy? Aspirations for a higher court appointment? lol

It still amazes me that Apple is basically saying that they aren't selling as many phones because everyone is too stupid to be able to tell different phones apart. "Derr... I want this Samsung Galaxy S3. That's an Apple iPhone, right?"

Shows how they really think of their customers, dumb idiots that will buy what they are told is "cool", or like we've been calling them all this time iSheep, seems Apple feels the same

Actually it's probably more accurate to call them hardcore fans. This is a topic that brings out emotions highly in both camps. But realistically Apple has cultivated this 'Us vs Them' mentality since it's very beginnings. So what if it gets thrown right back at them?

I see both sides of this. And, frankly, the Apple guys *did* start it. Especially when Instragram came out on Android. Remember all that mess? But there is something to be said for not lowering yourself to those standards in response.

"Never argue with an idiot. He will bring you down to his level, and win from experience."

You've officially won the contest for the most intellectual post!!! How does it feel to be a winner!?!? Let's all give him/her a big round of applause!!!! /s

Go look up the definition of "monopoly", and then come back and tell us how it would benefit the consumer if either all iOS or all Samsung phones were banned from the US market.

We're patiently awaiting your reply.

"I said Apple should also be banned from the U.S. market if it loses the new trial."

I know, as much was said in your first comment. I don't have a personal vendetta against Apple. All iOS or Samsung products being banned from the market place is bad for businesses and consumers alike, however. No good can come of it: neither Android nor iOS would be as technologically advanced if the other hadn't existed in the marketplace to provide competition. Period. =)

Competition it seems to us, but there's only one agenda, one chess player, its the Coca-Cola vs Pepsi -same Zionist behind the curtain.

Can we please move on from this crap? This is worse than teenage girl high school drama. I think I will rename the two companies Drama Queen A and Drama Queen S, just so there is no confusion! Drama Queen S likes Drama Queen A's good looks. Drama Queen A likes Drama Queen S money, but is upset that Drama Queen S is trying to dress and look like Drama Queen A. Drama Queen S doesn't see it this way, but thinks her looks are different enough from Drama Queen A, that it isn't a big deal. Drama Queen A and Drama Queen S are both unhappy. Both Drama Queens need to settle their issues. I think its time for a good old fashioned CAT FIGHT!

I can't see how Apple wins anything with another trial. Just more exposure for Samsung.

Apple has already shown everybody that it considers Samsung a competitive equal with the first lawsuit, now it's going to do it all over again.

If anything, Apple comes off as more of a jilted and bitter wallflower the second time around.


The jury didn't do their job. They didn't even read through all the charges and just checked guilty. This is what happens when you have a jury full of people that don't understand the technology being discussed.

Why does this surprise anyone? Anyone eligible to vote can be on a jury. Just think about that................ Enough Said!

These people that run the show(at the top) all sit at the same table and snort the same blow Clinton hooks them up with, and drink our blood. Yes, there is them, and then there's us. We give them the billions, so they need our attn. This is just a show, and they will deliver. That applies to just about the entire "civilization".

I think that this whole situation is just ridiculous. Its come to be the mentality of the world, or at least the majority of the US so it seems, to just sue about EVERYTHING and anything. Can customers or other companies sue Apple for all their proprietary BS? For making people have to use iTunes or whatever to get their data and bullsnit? I was told by a friend that Apple has a way to tell if you jailbroke your iPhone so that it can't get games or other things off the iTunes store and will tell you so. Why? What's the big deal? It all revolves around money and frankly, it's becoming sickening. Rich get richer and the poor get poorer!

Even if it's not overturned, who is going to see all this money? Will it go directly to the shareholders? Will Apple give it to their consumers who bought their products? Will it be given to R&D in Apple? Or is it just going to line the pockets of the top execs at Apple and pay lawyers that already work for them making tons of cash anyways?

I mean seriously, greedy much?

Its well known to the rest of the world that in America people sue for the stupidest things you can imagine. This country's philosophy is based on greed. Just look at the government, prime example. Been in this country for more than half of my life, still remember the first advice i ever received, if you see some one fall, dont help them, bc there is a possibility you will get blamed and sued for it. Instead just call the police for them, whatever you do dont have physical contact with them. It's sad that this country needs a good Samaritan law so people have a valid defense when being sued for helping people. Bc of this country my faith in humanity has diminished drastically.

I clicked the Nexus S 4G link too. How anyone can mistake a Samsung phone for an iphone is ridiculous. Apple must find the most moronic people on the planet to corroborate their silliness.