Samsung, Apple... and YOU

Sasqui · Aug 22, 2012

Drum roll... it's coming.

What do you think the verdict will be? My guess is there will be something against Samsung, but it'll be a slap on the wrist.

http://finance.yahoo.com/news/apple-samsung-final-pitch-jury-002855075.html

By Dan Levine and Poornima Gupta

SAN JOSE, California (Reuters) - Apple Inc's worldwide legal crusade against the Android mobile operating system drew toward a climax on Tuesday as the iPhone maker's attorneys accused Samsung of taking a shortcut by copying Apple's designs after realizing it could not keep up.

Closing arguments were delivered at trial between Apple and Samsung Electronics Co Ltd in a federal court in San Jose, California. The jury will begin deliberating on Wednesday.

Samsung attorney Charles Verhoeven countered by urging jurors to consider that a verdict in favor of Apple could stifle competition and reduce choices for consumers.

"Rather than competing in the marketplace, Apple is seeking a competitive edge in the courtroom," Verhoeven said. "(Apple thinks) it's entitled to having a monopoly on a rounded rectangle with a large screen. It's amazing really."

Apple and Samsung are going toe-to-toe in a patents dispute that mirrors the struggle for industry supremacy between the two companies, which control more than half of worldwide smartphone sales.

A win for Apple could have a major impact on the industry because the South Korean company's mobile products are run on Google Inc's Android operating system, popular software that is used by many other manufacturers. Before he died, Apple co-founder Steve Jobs told his biographer he intended to go "thermonuclear" on Android, saying it had copied Apple.

If the jury determines Samsung violated Apple's valid patents, U.S. District Judge Lucy Koh could impose sales bans against the Korean company's products.

In court on Tuesday, Apple attorney Harold McElhinny urged jurors to consider the testimony of a South Korean designer who said she worked day and night on Samsung's phones for three months.

"In those critical three months, Samsung was able to copy and incorporate the result of Apple's four-year investment in hard work and ingenuity -- without taking any of the risks," McElhinny said.

Apple is seeking more than $2.5 billion in damages from Samsung. An Apple expert said Samsung earned 35.5 percent margins on the tablets and phones at issue in the lawsuit from mid-2010 through March 2012, on $8.16 billion in U.S. revenue. Samsung has disputed that figure.

Apple accuses Samsung of copying the design and some features of its iPad and iPhone, and is asking for a sales ban in addition to monetary damages. Samsung, which is trying to expand in the United States, says Apple infringed several patents, including some for its key wireless technology.

Both Apple and Samsung used a series of internal emails, witness testimony from designers, product demonstrations and mockups to present their case.

FordGT90Concept · Aug 22, 2012

Apple is essentially demanding a monopoly, the court should realize that, and rule in favor of Samsung.

Sasqui · Aug 22, 2012

FordGT90Concept said:
Apple is essentially demanding a monopoly, the court should realize that, and rule in favor of Samsung.

Man I hope so... but you never know what'll happen between lawyers and a jury.

I recall hearing that Samsung had a counter-suit, but no mention of that in the article that I saw.

Frick · Aug 22, 2012

Sasqui said:
I recall hearing that Samsung had a counter-suit, but no mention of that in the article that I saw.

It's this bit:

Samsung, which is trying to expand in the United States, says Apple infringed several patents, including some for its key wireless technology.

And I'm not sure about this one. Some of Samsungs stuff did look a lot like Apples stuff (as opposed to say Sony or Nokia), but it'd be bad if everything Apple asked for came through. Pretty exciting anyway.

Sasqui · Aug 22, 2012

Frick said:
It's this bit: And I'm not sure about this one. Some of Samsungs stuff did look a lot like Apples stuff (as opposed to say Sony or Nokia), but it'd be bad if everything Apple asked for came through. Pretty exciting anyway.

LOL, I did see that.

Munki · Aug 22, 2012

Gettem' Sammy!

MxPhenom 216 · Aug 22, 2012

Go samsung!

If the court calls in favor of Apple im moving to Mars. Ill make that rover a manned space craft.

WhiteLotus · Aug 22, 2012

I hope they both get fined a massive amount of money for wasting the courts time.

techtard · Aug 22, 2012

My money is on Apple paying off the jury and maybe even the judge. Good old fashioned bribery.

erocker · Aug 22, 2012

I fail to care about large corporations bitching at each other over money. I hope they both lose in some way or another.

sneekypeet · Aug 22, 2012

The only thing I want out of this is to be able to keep my Galaxy S III. I guess if Samsung takes it in the dumper here, I lose my kick ass phone/tablet

Aquinus · Aug 22, 2012

Samsung isn't what Apple has to worry about right now, Google owned Motorola is attacking Apple for infringements on intellectual property. IIRC, it's on several non-standard patents. Not that halting all iPhone, iPad, and iPod sales will succeed, but it is an aggressive stance that Google and the rest of the Android market needs to take. Apple will grind the competition down with lawsuits until Apple can convince the court that they own everything. I like Apple and the products that they produce, but they deserve a big, nasty, backlash from all of this.

sneekypeet · Aug 22, 2012

I was thinking, if Apple were to win this (square devices with rectangular HD screens) battle, not even getting into the icons and software, doesn't that mean Apple could then go after TV makers if they are awarded the win on this one?

Super XP · Aug 22, 2012

Samsung better win this one. I am getting sick of Apple this and Apple that. If and when Samsung wins this one, they should go after Apple for wasting there time.

Now all we have to do is StOp BuYiNg aPpLe JuNk...

GSquadron · Aug 23, 2012

Wasn't Steve Jobs who kept Apple alive?

Sasqui · Aug 23, 2012

sneekypeet said:
I was thinking, if Apple were to win this (square devices with rectangular HD screens) battle, not even getting into the icons and software, doesn't that mean Apple could then go after TV makers if they are awarded the win on this one?

I have no doubt that Samsung has pointed that out!

Apple cobbled together existing technologies to form the majority of thier products, ergo the iPhone. I think that's another argument to make... it really wasn't anything new.

dark2099 · Aug 23, 2012

Not to condone what Samsung is being accused of, and bringing in a little bit of what I've been learning at work, but copying (or copyright infringement as is the case here) is almost necessary to keeping up with the demands of a market. For me, I am learning to create a menu, but don't have lots of experience in a kitchen, so many people have told me just to recreate items from other places I have seen, which seems odd, but is a great way to nurture my own ability in seeing what works. If Samsung didn't possibly do what they did, then would any/all other smart phones be able to compete with the iPhone in the way they do now? And then look at cars, one day one man or company made one, since then, everything essentially is a partial copy of that. Competition is great for every business because it pushes them to new heights and keeps things fresh, and yes unfortunately sometimes deceitful tactics have to be used to stay in competition.

EDIT: Look at Blackberries, they jump started the smartphone revolution, gained a large foothold in the corporate world, but now are about even with Apple. I've only had one chance to use one of the first touch screen phones Blackberry did, and the screen actually functioned as a button like a mouse button to select something, but otherwise worked like my iPhone for just basic touches, to me for the time it came out and with all the other available Android based touchscreen phones, it just seemed antiquated, and almost stupid.

FordGT90Concept · Aug 23, 2012

Exactly. Patents exist to recoup research costs and looking at Apple's profits says loud and clear that they are way beyond recouping costs. I wish the judge would redirect the case to FTC for an anti-trust hearing instead. This goes so far beyond Apple vs Samsung.

Sasqui · Aug 23, 2012

I've been involved in patents, and have my name on a few through the company I used to work for. They pointed out that, for the most part, their patents are typically not an OFFENSIVE tool, but rather a DEFENSIVE tool should someone come along claiming infringement.

And look at this analysis (go Samsung, go Google!):

Day 18: Wednesday 22 August
The nine-person California jury are now set to began their deliberations, but according to Global Equities Research analyst Trip Chowdhry, whatever that verdict turns out to be, the ultimate resolution of the conflicts between the companies will be a cross-licensing agreement with a negligible exchange of cash. Analyst: Cross-Licensing Will Be the Conclusion to Apple v. Samsung Trial.

If the jury finds in favor of Apple, he reasoned, Samsung will use its 64,976 mobile patents to force Apple to settle the case as it winds its way through the appeals process.

If Samsung wins the case, Apple will use its 8991 patents to force a settlement from the South Korean company.

Plus, Chowdhry noted, Google will use its 14,770 mobile patents to defend its OEM partners, which includes Samsung.
Want to know more about the likely outcome of the case? We asked experts on the legal system, patent litigation and the smartphone market what they made of the case, read more here: Apple v Samsung: Five experts, five questions.

Yo_Wattup · Aug 23, 2012

Well, everyone has copied IBM in one way or another...

CJCerny · Aug 23, 2012

I suspect that Apple will win a sizeable settlement in this one. What the jury is attempting to decide is whether or not Samsung infringed upon some of the patents that Apple was granted. If you look at the patents, there isn't any question that Samsung infringed on them. The patents that Apple was granted were probably way too general in nature. The American patent system needs to be revamped so that patents can only be granted to very specific ideas or designs. Unfortunately for Samsung, they are probably very screwed in this particular case.

MxPhenom 216 · Aug 23, 2012

CJCerny said:
I suspect that Apple will win a sizeable settlement in this one. What the jury is attempting to decide is whether or not Samsung infringed upon some of the patents that Apple was granted. If you look at the patents, there isn't any question that Samsung infringed on them. The patents that Apple was granted were probably way too general in nature. The American patent system needs to be revamped so that patents can only be granted to very specific ideas or designs. Unfortunately for Samsung, they are probably very screwed in this particular case.

Well what needs to happen at the patent office is to get rid of the people who work there because they are all older and don't have a clue about technology. Most of the things Apple is patenting are either ideas not actual technology, and stealing tech from other companies and trying to get patents for it. Apple just wants a monoply at this point.

eidairaman1 · Aug 24, 2012

Droids love eating Apples

eidairaman1 · Aug 24, 2012

Yo_Wattup said:
Well, everyone has copied IBM in one way or another...

i agree. Ya back in day non Ibm pcs were called Ibm clones

I remember Macs having clones by Power Computing back in the day

micropage7 · Aug 24, 2012

thats pretty sick that big company use court as battle ground to stop the other
why? coz they could stop them in the market so they bring it to the court to stop samsung
Apple is getting more and more annoying

Sorry Apple you just over the line, i hope someone gonna eat you soon!!! ALIVE

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Samsung, Apple... and YOU

Sasqui

FordGT90Concept

"I go fast!1!11!1!"

Sasqui

Frick

Fishfaced Nincompoop

Sasqui

Munki

MxPhenom 216

ASIC Engineer

WhiteLotus

techtard

erocker

*

sneekypeet

not-so supermod

Aquinus

Resident Wat-man

sneekypeet

not-so supermod

Super XP

GSquadron

Sasqui

dark2099

FordGT90Concept

"I go fast!1!11!1!"

Sasqui

Yo_Wattup

New Member

CJCerny

MxPhenom 216

ASIC Engineer

eidairaman1

The Exiled Airman

eidairaman1

The Exiled Airman

micropage7

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