© 2020 Forbes Media LLC. So even if Samsung is able to reduce the monetary award, the jury’s decision spells trouble for the future of Samsung’s product line – which is an even bigger financial issue for Samsung. All Rights Reserved, This is a BETA experience. 22: The total amount is now $1,049, 393,540. Patent laws have to be cleaned up because ultimately the consumer will end up on the losing end.". Here's Apple's statement on today's verdict: We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. And perhaps higher prices for non-Apple … Samsung will continue to innovate and offer choices for the consumer. 7,469,381, 7,844,915, and 7,864,163) and four design patents (United States Patent Nos. We make these products to delight our customers, not for our competitors to flagrantly copy. Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer. The nine-member jury sided almost entirely with Apple Inc. in its patent dispute case with Samsung Electronics Co., awarding Apple nearly $1.05 billion in a "sweeping victory" over claims that the Korean electronics maker copied the designs of its iPhone smartphone and iPad tablet. One judge, Richard Posner, has previously dismissed a case in which Apple and Motorola were suing each other, ruling that neither could prove any damage. It solidifies Apple’s dominance of the market for smart phones and tablets," said Steve Mitby, a partner with Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. Apple is claiming $2.5bn in damages from lost sales and profits gained by Samsung if all its claims of infringement are proved. "Consumers deserve a choice. A jury tells Samsung to pay Apple $119.6 million for infringing some of its patents, while Apple owes Samsung … At Apple, we value originality and innovation and pour our lives into making the best products on earth. We applaud the court for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right. An appeal is expected. The answer is yes for all devices re: Patent 677. Apple made its opening statements to jurors Tuesday in Day Two of the Apple v. Samsung trial. The district court denied the motion with respect to each device and all asserted patents. Based on this verdict, Apple will likely sue other competitors that use the Android system," Mitby said. The answer is yes for about half, with the no's various models of the Galaxy. To understand the line of questioning from the Supreme Court justices to the two firms’ attorneys, you need to take a look at the law and the argument in the case.Design patents, as the name suggests, protect the unique look of a product. Samsung accused Apple of infringing on United States Patent Nos. "The mobile industry is moving fast and all players - including newcomers - are building upon ideas that have been around for decades. How Do Employee Needs Vary From Generation To Generation? That changes the answer to Question No. Apple says it has proven willful infringement so it has enough evidence to prove irreparable harm and wants the injunctions heard sooner rather than later (as you expect). They were about values. That, however, will mean the cases will be heard in front of a judge – who may display more nous about the finer technical points than a jury. Apple hasn't gone after Google, which writes the Android software, because you can only sue over the actual embodiment of (allegedly) infringing products – not just the pure software, which Google writes. The case is Apple Inc. v. Samsung Electronics Co., 11-01846, U.S. District Court, Northern District of California (San Jose). They're all minimalist designs," said Samsung's lawyer, citing changes in telephones, all coming out with QWERTY keyboards.• Thinking that it's "entitled to have a monopoly on a rounded rectangle with a touchscreen": "Is anyone really deceived by Samsung's devices that they were buying Apple devices? Next to Samsung, the biggest loser today is Google. 23: The award for damages for the Galaxy Tab 10.1 4G LTE is now zero. Before that, I was Silicon Valley bureau chief for Interactive Week, a contributor to Wired and Upside, and a reporter and news editor for MacWeek. The nine-member jury sided almost entirely with Apple Inc. in its patent dispute case with Samsung Electronics Co., awarding Apple nearly $1.05 billion … Apple vs. Samsung Verdict Is In: Apple Wins By Pete Pachal 2012-08-24 17:54:16 UTC The jury has reached a verdict in the Apple vs. Samsung patent trial taking pace in a San Jose, Calif. court. You go into the TV section. Samsung to respond by Sept. 12, with Apple to reply by Aug. 14. Investors reacted favorably to the news, sending Apple's shares up $11.73, or 1.7 percent, in extended trading to $674.95. We'll call it $1.049 billion. ", Specifically, Samsung says Apple infringed: • '941 and '515 - essential for implementing 3G mobile communications• '460 - covers the use of email in a camera-equipped phone• '892 - bookmarking a photo in the image gallery of a camera-equipped phone• '711 - multitasking on a mobile device and allowing users to listen to music in the background. How Can AI Support Small Businesses During The Pandemic? Google, whose Android mobile operating system software powers many Samsung devices, fell $5.63, or less than 1 percent, to $673. Apple was seeking $2.5 billion in damages, and it called on the jury Aug. 21 to impose a heavy penalty on Samsung. Utility patents protect the functional parts of a product. Jury: Judge Lucy Koh interviewed 74 candidates to find the final 10 jurors that will have to decide on all the patent claims between Apple and Samsung. Apple vs. Samsung Continued: Why This War is Far From Over By Chris Taylor 2012-08-27 18:30:35 UTC Technology may move at the speed of electrons, … Samsung vs. Apple - The smartphone wars John Myers COM/156 November 11, 2012 Lawrence W. Daly Samsung vs. Apple - The smartphone wars The Samsung Galaxy S has a better operating system than the Apple iPhone, which is why Apple is suing Samsung over infringement rights; greed took over. It seems cooler heads want … Apple vs. Samsung: the complete lawsuit timeline Apple and Samsung settle seven-year-long patent fight over copying the iPhone Samsung drags Apple back to … Apple's lawyer showed a Best Buy survey that shows Galaxy Tabs were returned by owners because they thought they were iPads. Apple, which Samsung countersued for $422 million, will not have to pay anything to Samsung. Details matter when you're talking about design. In April 2011, Apple filed multiple lawsuits, spanning dozens of … They knew a good thing when they saw it. Judge: Lucy Koh. They tried to compete with it, and when they couldn't, they copied it. And perhaps higher prices for non- Apple smart phones. • Stealing design ideas, features of iPad and iPhone.• Copying designs because it could not compete, rather than innovating new ones, "Samsung was the iPhone's biggest fan. The no is Galaxy Ace. Apple is claiming $2.5bn in damages from lost sales and profits gained by Samsung if all its claims of infringement are proved. She's now asking Apple to file its request on Aug. 29 (in five days). The answer is no to all (Apple in the clear around Samsung's patents.). It wasn't a clean sweep for Apple. I've spent almost my entire career as a journalist covering tech in and around Silicon Valley, meeting entrepreneurs, executives and engineers, watching companies rise and fall (or in the case of Apple, rise, fall and rise again) and attending confabs and conferences. Crises are commonplace and it can be happened at any point of the organization process. The answer is no for all the Galaxy Tab's listed. Thus, it is worthwhile for the organization to identify the early plan of issue or potential risk occurring within organizations, as a small scale antagonist can The answer is yes for almost all the smartphone models, though there are few exceptions. "At the same time, a good idea has to be leveraged in flexible ways and by the broader society and Android has to be recognized for bringing these innovations to the masses. in Houston. In the original 2012 case, Apple sued Samsung saying it copied various design patents of the iPhone. Apple sued Samsung in April 2011, alleging it had "copied" the designs of the iPhone and iPad. Apple claims that Samsung copied the features of their iPhone and iPad when they made Galaxy S, Galaxy S 11 and Tab 10.1.On the other hand, Samsung claims that Apple violated its utility patent by using its 3G capabilities in iPhones and iPads therefore Samsung claims for compensation (Golden, 2014; Levy, 2012). By. Samsung is claiming $519m from Apple if all the claims of infringement are proved. The first computer game I ever played was Zork, my collection of now-vintage tech T-shirts includes a tie-dye BMUG classic and a HyperCard shirt featuring a dog and fire hydrant. Apple pointed to similarity between icons on the home screen: "Samsung's defence is a word game". "• Suffering a "crisis in design" that led to plagiarism.• Selling more than $7.5bn worth of technology that infringe Apple patents, seek $2.75bn in damages from lost profits.• Failing to redesign its products even after being briefed by Google in February 2010 that they were "too similar" to Apple products, but ignored those warnings.• Abusing its monopoly power and demanded an unreasonable royalty for use of patented wireless technology, hold up tactic that allowed Samsung's competing products to enter the market.• Producing an internal document that researched/reviewed iPhone, acknowledged revolutionary design and thus plunged into its own "crisis of design".• Having executives at the top of Samsung who "were bound and determined to cash in on the iPhone's success": that the chronology shows design copying and resultant success.• Not bringing any company executives or witnesses of documents to the trial, "instead of witnesses, they brought you lawyers".• Not taking any action to prevent copying as proved by the testimony of designer Jin Soo Kim who was unaware of Google's concerns as he wasn't told what happened in the meeting by colleagues.• Design infringement: "the test is overall visual appearance, not these minor differences." Where Is There Still Room For Growth When It Comes To Content Creation? The world’s top smartphone rivals have been in court over patents since 2011, when Apple filed a lawsuit alleging that Samsung’s smartphones and tablets “slavishly” copied its products. The US giant has said its rival suffered a 'crisis in design that led to plagiarism, while it has been accused of stifling rivals, Samsung Galaxy Tab and Apple iPad: too close for comfort? a lawsuit accusing Apple of infringing t en Samsung pat ents (Williams & S afiullah, 2012). For 915 patent, the answer is yes but all but one devices listed. How Is Blackness Represented In Digital Domains? "What does the evidence show? Case Number: 11-01846 Apple vs. Samsung. "They will not change their way of operating if you slap them on the wrist,” Apple attorney Howard McElhinny said in his closing argument. They're all boxes. In 2012, a jury ruled that Samsung must pay Apple more than $1 billion for copying various hardware and software features of the iPhone and iPad. However, legal opinion is that whoever wins, the loser will appeal and the whole procedure will move up to the court of appeal. Here Is Some Good Advice For Leaders Of Remote Teams. Judge Koh is reading through it now to see if there are any omissions. A … 1, the foreman, says that the jury has reached a verdict. U.S. District Judge Lucy Koh, who has presided over a number of the Apple v. Samsung cases, orders the two sides to talk. Why Should Leaders Stop Obsessing About Platforms And Ecosystems? On the accused phones they are not demonstrably flat across the front surface." Apple, Samsung win some, lose some in patent case. Also Apple's complaint included specific federal claims for patent infringement, false designation of origin, unfair competition, and trademark infringement, as well as state-level claims for unfair competition. Refresh this page to see updates (and corrections as needed). The real outcome of the Apple vs. Samsung lawsuit is likely to be more lawsuits. More than that, though, if Apple prevails, especially over its "utility" patents, that will give it extra ammunition for tackling other Android handset makers. Samsung countersued Apple in June 2011, saying the Cupetino, California-company had infringed on Samsung patents around wireless communications and camera phones. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. Since Apple was copying Samsung’s patents, they argued, Apple had to pay Samsung. For 163 patent, the answer is yes for most except for about eight devices. Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. Apple vs. Samsung Lawsuit I do question what the patent and trademark systems have become when a company, who has somethiing expiring gets an extension because they change the look of a pill from something with two gold stripes to something with three gold stripes. "The result will likely be an increase in costs to Android users because of licensing fees to Apple. But in the long run, I suspect the effects of this case will be negligible to consumers and business users of mobile devices. Juror No. The mountain of evidence presented during the trial showed that Samsung's copying went far deeper than even we knew. ", "The iPhone clearly changed everything and Apple needs to be recognized for it," said Al Hilwa, an analyst with IDC in Seattle. What Impact Is Technology Having On Today’s Workforce? According to a recent article by Steve Lohr of The New York Times , “Apple asserts that Samsung made ‘a deliberate decision to copy’ the iPhone and iPad.” The jury, made up of seven men and two women, today found no such infringement on Apple's part and said Samsung was entitled to "zero" in damages. The answer is yes for all devices listed in the chart (again, see the verdict form for all the particulars). Apple sued Samsung back in 2012 claiming that the latter had made and sold some phones that infringed on several patents that it owned. The jury ended up siding with Apple, agreei… Why Is The Future Of Business About Creating A Shared Value For Everyone? One 2005 design patent"at the heart of the dispute is Design Patent 504,889", which consists of a one-sentence claim about the ornam… All of the TVs look the same. After deliberating, the jury came back and gave a new total of $1,049, 393,540 -- or nearly $1.05 billion. Still, the overall impression after a read through of the 20-page verdict form, which contains 33 multi-part questions, showed the jury bought into Apple's copying claims, particularly around the iPhone. April 29, 2014 -- … You can email me at firstname.lastname@example.org. The Lost iProducts: Apple's Prototypes. This will drive many Android consumers over to Apple. I've spent almost my entire career as a journalist covering tech in and around Silicon Valley, meeting entrepreneurs, executives and engineers, watching companies rise…. That's because of free competition. When I can work at home, I settle into the black Herman Miller Aeron chair that I picked up when NeXT closed its doors. The packed courtroom is very quiet as the clerk begins to read it. An employee shows an Apple's iPhone 4s (L) and a Samsung's Galaxy S3 (R) at a mobile phone shop in Seoul on August 27, 2012. Updates to include comments from Apple, Samsung, Google, a legal expert and analyst. Apple vs Samsung Lawsuit. It's yes for Galaxy Tab. Mitby said it's likely Samsung will appeal to the Federal Circuit, the Washington, D.C.-based appeals court that hears patent-related appeals. You've seen the headlines: Monday marked the beginning of the big, billions-at-stake legal showdown between Apple and Samsung. In two separate lawsuits, Apple accused Samsung of infringing on three utility patents (United States Patent Nos. "However, on the core issues of infringement and validity, the Federal Circuit is less likely to reverse. The answer is yes for all but one of the devices. For the latest case, Apple filed suit against Samsung on February 8, 2012, accusing it of infringing several patents. According to Apple, Samsung wants $14.40 per iPhone or iPad sold, or more than Apple pays for the entire wireless baseband chipset it uses in those devices. The jury has ruled that Samsung willfully infringed a number of Apple patents (more on that in a minute) in creating a number of devices (more coming up on that, too) and has been ordered to pay Apple $1.05 billion in damages. Apple sought a preliminary injunction to block importation and U.S. sales. For the 305 patent, the answer is yes for most devices. Specifically, Apple says Samsung infringed the following "design" patents (where the number refers to the final three figures of the US Patent and Trademark Office-granted patent):• '667 - covering the front of the iPhone, with its system for displaying text and icons• '087 - back of the iPhone• '889 - design of iPad• '305 - iPhone graphical user interface, In "utility" patents: • '381 - "bounce-back" or "rubber band" functionality when the user tries to scroll past the end of a page or list• '163 - 'tap-to-zoom' feature on photos, articles, etc.• '915 - detecting whether the user is scrolling or making the "pinch to expand" and other gesture motions, • Failing to license 3G patents: one expert witness claimed three violations by Apple.• Stifling competition, limiting consumer choice, "Think about Silicon Valley, the way it used to be, back in the day ... now there's tens of thousands of tech jobs." You may opt-out by, I cover the people and technology driving Silicon Valley, EY & Citi On The Importance Of Resilience And Innovation, Impact 50: Investors Seeking Profit — And Pushing For Change, Michigan Economic Development Corporation With Forbes Insights, Three Things You’ll Need Before Starting A New Business. Samsung then filed counterclaims against Apple. 07/31/2012 04:30 pm ET Updated Sep 27, 2013 How The Apple-Samsung Lawsuit Could Hurt Consumers. "If the court issues an injunction based on the jury’s verdict, this would ban Apple’s key competitor from the market for months, if not years.". Apple v. Samsung. D504,889, D593,087, D618,677, and D604,305). Before joining Forbes in February 2012, I had a very brief stint in corporate communications at HP (on purpose) and worked for more than six years on the tech team at Bloomberg News, where I dived into the financial side of tech. It will lead to fewer choices, less innovation, and potentially higher prices. 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