all4naija: Apple should give up on its failure to be innovative rather than these claims of patent infringement. We are going to see more claims coming along in the near future on patent-related case than being innovative. This just ignited patent war rather than innovation. I hate Apple this time around for exercising power of jealousy!

On the other hand there are more smartphone makers using same design and Apple has to sue them as well. What is good for the goose is good for the gander. If Apple claim to be perfect it should consider its camera position in iPhone and message push which are of other companies idea. Indeed, there is case of patriotism been thrown into this case by the judge who passed the verdict. I hope to see more suitPs come along very soon.

Let the war of patent infringement begins. No more Steve Job's innovative ideas.They died when the genius died

soft-touch:
If Samsung is willing to pay for royalty on all his affected products, the case won't have ended like this.
I was laughing when one of the Samsung lawyers beg court to make some of the Apple's patent an Open-source for the public, "because innovation that makes life easy should be for everyone"

passion007: the galaxy s3 is safe.

jedisco:

It was evident Samsung already lost this case from the onset especially with the kind evidence apple put forward. It was just a case of how much in damages

It was also funny that instead of proving they didn't copy Apple, their main argument was that apple also copied others which the jury didn't accept.

coogar:

this is not about jealousy - innovation should be protected and encouraged!
for samsung to outrightly steal, in broad daylight, what took apple years and billions of dollars to come up with is an utter disgrace! apple are putting money in the pockets of so many people and themselves - the people making this money are truly innovating and providing great end user products/apps!

let's not forget apple had been ripped off before by microsoft - they knew they cannot afford to let it happen again. if apple fold their hands and let samsung and others steal their intellectual property, it would be the death of them - there's no steve jobs to save their arses this time around! i expect them to play tough with samsung and do the same with any other copycat in future!

hisblud: The Samsung devices affected include the Galaxy S, Galaxy S II, Nexus S, Mesmerize, Vibrant, Fascinate, Skyrocket, Continuum, Prevail, Infuse, Gem, Mesmerize, Indulge, Replenish, Epic 4G Touch and Droid Charge smartphones and the Galaxy Tab and Tab 10.1 tablets, among others. It’s not yet known what the fate of the infringing products will be.

The infringement affected the above samsung smartphones.

http://mashable.com/2012/08/24/apple-samsung-verdict/#809355-Calendar-Comparison

ooseven:

Sorry, Africa is still on a Blackberry hangover.

all4naija: For me, I can't use Apple products any more for personal reasons. They don't worth!I careless about whatever happens at the end. There is nothing like freedom with Apple products!

all4naija: For me, I can't use Apple products any more for personal reasons. They don't worth the hypes!I care less about whatever happens at the end. There is nothing like freedom with Apple products!

all4naija: For me, I can't use Apple products any more for personal reasons. They don't worth the hypes!I care less about whatever happens at the end. There is nothing like freedom with Apple products!

lawizle:

Dats y there's a "prison-break" abi wetin dem dey call am?

Dats y there's a "prison-break" abi wetin dem dey call am?

na2day!:
[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/

all4naija: Jailbreak! I am not even talking about that. Common sync can make you loose your important files not to mention updating it.It is overrated product!

all4naija: I quite agree with you on the line in bold. But, do you think designs(like curve edges) rather than core parts which make the difference really worth the battle? Let's look at what the infringement is centered around. From the curve-edge shape to the image enhancement(zooming in and out) are not worth the disputes at all at this time, dude. Those things don't even seem innovations requiring patents(which I agree patent shouldn't be on mere common ideas but things which revolutionized the industry). I strongly believe patent should be given for inventions.

These accusations don't worth the sweat and they will destroy the industry for more subsequent claims that will follow with time to come. Not only that it will spurn innovations and lay claims to thing which are really not innovations along the line, due to these Apple iPhone claims.

I am waiting to hear something about the Tablet claims very soon! 90% of Tablets on the market look alike though.

omafones: Just got this tweet


John Perry Barlow‏@JPBarlow

We can all be grateful that the guy who invented the steering wheel wasn't working for Apple.

@Tezzapete I beg no vex oh, no bi me talk am

ayox2003: Aterall, what Samsung would do is to increase the chips price they'd sell to Apple and they would make their money back.



Frawzey

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.

texazzpete:



Samsung NEEDS Apple's business, not the other way round.

texazzpete:



Samsung NEEDS Apple's business, not the other way round.

all4naija: Another Apple bragging user. That is the problem with Apple fans they would never think out of the little box. Do you think tech savvy individuals and geniuses haven't look into what the claims are? Please, spare me your comfort with Apple products. The company you claimed to be all hard working has been accused severally of copying all rather infringing on other companies patents.

I was once an Apple products fanatic but I came to realized it doesn't worth the effort and nothing has changed so much with it opposition to what open source stands for. They can never do it all alone, that's a fact. If innovation must strive better it has to come from ability to be genuinely patented on things which revolutionized, not curve edges or blahblahblah... Meanwhile, which if a poll is drawn on those claims 80% users would agree those are not the reason they like or use the products.

Your campaign here is a mere moving-with-the-bandwagon one!

(Reuters) - Shares in Samsung Electronics Co slumped more than 6 percent on Wednesday, wiping $10 billion off the electronics giant's market value, on a report that Apple placed huge chip orders with troubled Japanese chip rival Elpida.

omafones: I am pleased to see the general level of debate on this topic by nairalanders, both the 'for' and 'against' arguments.

I think Tezzapete has edged the argument, ie; Apple were right to win the case.

However I have to ask if the main thrust of Samsung copying was the 'trade dress' how lazy are/were the design team at Samsung? I can understand 'stealing' someone technology because maybe you want the phone to switch on faster, or have clearer telephone calls but if you are just copying the 'looks' the least you could is change colours, or even shapes and layout of icons, or am I missing something?