[size=13pt]$1.05 Billion Damages, Apple Just Obliterated Samsung - What Happens Now?[/size]



If you were following our apple Samsung court case, you'll know that the outcome of Apple v. Samsung was basically really, really bad for Samsung. To the tune of slightly over a billion dollars. Yikes. Samsung did escape any successful allegations of infringement through its tablets, but on the smartphone front, they really did get destroyed.

Samsung was found to infringe on two major iPhone design patents on almost every device Apple accused, including the D'677 patent, which covers the front fascia of the iPhone, pictured below. They also successfully asserted that Samsung infringed the design and layout of the iPhone's homescreen, another design patent. And pretty much every Samsung phone was found to infringe all three of Apple's asserted software patents.



In addition, Samsung was found to have diluted the trade dress for the iPhone (in general) as well as specifically for the iPhone 3G. Trade dress is basically how a product is "branded" through its design elements as a whole - so that consumers know who makes particular product. A design patent, by comparison, is a way to protect unique ornamental elements of a product. Dilution is a fancy way of saying "our famous brand was damaged because you sold lookalikes to consumers." Here's Apple's asserted (unregistered, more broad) trade dress for the iPhone.



Trade dress dilution carries the same remedies as trademark infringement, and this can include recovery of lost profits (the big one), as well as injunctive relief (product bans). Design patents carry similar remedies, so there's lots of overlap. Apple can't "double dip" and claim lost profits from both, though. After all, Samsung only profited once each time it sold an allegedly infringing or diluting product. But that does mean that even if Apple's design patents are invalidated on appeal, that the dilution claims could stand in their place for damages purposes. Or, vice versa.

[size=13pt]Appeals And Consequences[/size]

As for the whole appeals thing? Don't let anyone tell you that "the verdict doesn't matter." They're wrong. The verdict matters hugely. The jury decided that Samsung infringed and diluted, and those are findings of fact. An appeals court cannot overturn findings of fact unless "no reasonable jury" could have arrived at those conclusions. I'll tell you right now: that's not going to happen (it is exceedingly rare).

What Samsung can appeal are matters of law. These include findings on the validity of patents and protectability (like validity) of trade dress. Samsung will certainly appeal these issues, but the jury already decided that Apple's patents were valid, and its trade dress protectable. Appellate judges are rarely keen to argue with a jury's findings. And frankly, don't get your hopes up here, either, especially on the patents. Apple's D'677 patent has already survived the scrutiny of Judge Koh as having no "reasonable likelihood" of invalidity.

Samsung can also appeal some issues related to damages (such as how they're calculated), but that's getting into a fairly complex area of the law. As for excluded evidence, Samsung can appeal Judge Koh's refusal to include testimony or evidence, but that is decided as a matter of abuse of judicial discretion - an extremely high bar to meet. Samsung would have to prove Judge Koh failed in her duties as a judge, and that no reasonable judge could have come to the decision she did. Much like invalidating a jury verdict, this is a long-shot at best.

Suffice to say, Samsung's appeals docket will probably be pretty long. How much good will it do? Just know that the 9th Circuit Court of Appeals has a little over 10% rate of overturning district court decisions. Better than some circuits, but it doesn't take a genius to see those aren't good odds. Considering the parties haven't settled by now (and Samsung won on zero counts), it's unlikely Apple will be interested in compromising in exchange for Samsung foregoing an appeal. At this point, they're in it to hurt Samsung, as they've made clear.

So, what can Samsung do? For one, it needs to remove all the infringing software functions from its phones claimed in Apple's software patents. Second, it probably needs to evaluate the future of its TouchWiz UI, and the design of its phones in general. It has not been a good day for Samsung, and while it's totally reasonable to disagree with the principles that allow Apple to make its allegations, or with Apple's attitude toward Android in general, it's not hard to see how a lay jury could find the way it did.

We'll be keeping you up to date on the appeal, and the next Apple v. Samsung case, also scheduled in California's Northern District, in the coming months.

http://www.androidpolice.com/2012/08/24/apple-just-obliterated-samsung-what-happens-now/

"So, what can Samsung do?"

Triangle-shaped phones!

Can someone please remind me how much is Naija budget?........that a Korean coy is going to pay an American coy $1.05 billion.

The jurors,
I won’t be surprised if they just leap to the final verdict and short circuited the process. come on … $1 billion for these infringement which is none core to a phone?

And moreover, they didn’t even acknowledge any infringement on the part of Apple? I suspect that nationalism and fanboism has a part to play in this verdict since it is trial by jury. It would be interesting to see how the court cases in other country turns out. Just recently, South Korea ban BOTH Apple and Samsung handset because of mutual infringement, which is a fairer verdict (although I would argue the case of bounce back feature … a patent for THAT?!!!). And moreover, they conclude that there was NO infringement on the design patent, which is simply common sense

puskin: Can someone please remind me how much is Naija budget?........that a Korean coy is going to pay an American coy $1.05 billion.

Thats why we still have along way to go!

What Samsung needs to do is just drop TouchWiz and use AOSP. It wouldn’t even take any time to switch over existing phones (as an option) to avoid bans. Samsung actually leaves the Android launcher on their phones and you can switch to it freely.

That’s the thing that saddened me about this case. Those PHONES do not violate Apple’s real patents. TouchWiz does.

Apple have envisaged Samsung swapping positions with them in terms of profitability ratios in the nearest future.

Apple have therefore decided to extend the profitability swapping scenario by virtue of this lawsuit in different countries .........by a couple more years.

TKO. (Tactical Knock-Out)

.

What exactly will now happen to Samsung's smartphones that are in the market already like the galaxy s2 and s3?

Guddy: What exactly will now happen to Samsung's smartphones that are in the market already like the galaxy s2 and s3?

U would be advised to return it for a part/full refund. Failure to do so......they would trigger the kill switch for the fone using it's IMEI no........

Guddy: What exactly will now happen to Samsung's smartphones that are in the market already like the galaxy s2 and s3?

The users will have to return them to Apple®

Is this the end of Galaxy Tabs?

na2day!:
What Samsung needs to do is just drop TouchWiz and use AOSP. It wouldn’t even take any time to switch over existing phones (as an option) to avoid bans. Samsung actually leaves the Android launcher on their phones and you can switch to it freely.

That’s the thing that saddened me about this case. Those PHONES do not violate Apple’s real patents. TouchWiz does.

no, you're wrong. You think this is a stand-alone defeat for Samsung? Well prepare for shock in the coming days as Apple pulls the big gun-with Google's Android. Now the court rules that software patents are valid, it may fuel the 'thermonuclear' war against Android which Steve Jobs began.I love Android, but ut may end up not being free for OEMS anymore. And that will hike the cost of these gadgets after licensing fees are paid to Microsoft and now to Apple.

On a different but not unrelated topic, how did the Galaxy tab 10.1 survive this patent war?

So now this infringement thing, it does not make sense? Look at the latest cars, they all look like catfish to help in beautifying and speed of the cars, yet peuguot does not sue toyota for infringement. Why the phones, what happens to other phones, is this judgement not out to discourage innovation, what kind of phones does the judge want samsung to design? Finally what options does samsung have now?

VERDICT: Valid In US of A ONLY.


sorry for the US consumers. But current Galaxies don't violate any crapple wish list.

Galaxy Note 10.1 went on sale in the US last week..

This lawsuit is a typical example of how companies use flawed patent laws to fight competition. At the end of the day innovation suffers .

I still love Apple products, expensive but classy.

Apple guys dey vex oh, make dem pardon Samsung people na. I prefer samsung to apple.

i see jealousy written all over this apple case.apple is becoming jealous since samsung is selling more smartphones than them.

This whole thing is spewing a whole lot of feud. Seriously, Apply should focus on churning out better products and not lawsuits. They seem to be afraid of the competition. I tell you, just watch. Sales of Samsung Galaxy products will just sky-rocket after this.

SMH*

so many other smartphone manufacturers copy the ipad design why dont apple also sue them?,apple is just jealous since samsung smartphones are outselling their iphones and ipads

Morgan1092: How does dis reduce unemployment in 9ja or stop Biko Haram.

I honestly think the moderators should start banning moorons who keep popping in on threads and asking this dumb question.
Last time I checked, Nairaland is a multi-interest forum, which covers Politics, Romance, Tech, Education, Fashion, Cooking, Design etc.

The more retarrds (like this dumbass I'm quoting) keep derailing and trolling threads with their unfunny garbage about price of garri and politics (like politics is the only reason Nairaland exists), the more the site keeps losing readers because it appears the many idiiotic posters have lost every sense of seriousness.

I honestly call for idiiots who keep derailing threads and boring us with their garri tales to be outrightly banned, not just from Nairaland and the internet, but from touching any electronic devices (including calculators and alarm clocks) for the rest of their humorless, boring lives.

big deal, i'm pretty sure it won't affect the s3 much - and that's currently the best selling android phone. At the rate these guys keep bringing out new phones, apple won't have much to sue pretty soon; besides samsung already has a name so they don't have to look like apple anymore

This will be bad for Apple, 'cause it's only gonna make Samsung the underdog, and people love underdogs. And it's certified Apple as an evil company. Samsung phone sales will skyrocket. Just watch.
On another note, companys are richer than Nigeria. Lol!

stolen stone: ...and how does this affect the price of garri and guguru ati ekpa in d market??

Oh great, another dullard
The usual crap, served hot.

na2day!:


"So, what can Samsung do?"

Triangle-shaped phones!

GUY WETIN U SMOKE DIZ MORNING

This isn't fair,one can't make a rectangular phone with sliding homescreens without breaking patent laws? Samsung doea every thing plus much more things than apple will ever do.apple knows this and are scared of the competition #fact

This verdict is stupid this just mean any touch screen four cornered fone with one button is in danger of bin sued by apple whoever pioneered the recent form which new generation tv sets looks like ought to sue other companys for stealing it designs.mtcheeew

hisblud: So now this infringement thing, it does not make sense? Look at the latest cars, they all look like catfish to help in beautifying and speed of the cars, yet peuguot does not sue toyota for infringement. Why the phones, what happens to other phones, is this judgement not out to discourage innovation, what kind of phones does the judge want samsung to design? Finally what options does samsung have now?

i dont knw much about smartphones. . .but their designs are usually differnt 4rm each other,this is not talking about the outside alone,but what yu do not see,like d blueprints 2 a building,of better still ur fingerprints,which shud be peculiar only 2 you(it woul be an infringement if someone made an exact copy and start using it) u get??
Someone pls broaden dis point

Wow. I didn't think they'd get anything out of this. Well, I expect Samsung to appeal.