Apple Wins Patent Battle With Samsung

**ZemaTalon** · 08-25-2012, 02:21 AM

apple-samsung-battle.jpg

"The jury has reached a verdict in the Apple vs. Samsung patent trial taking pace in a San Jose, Calif. court. Apple succeeded in the majority of its claims against Samsung, with the jury awarding Apple more than $1 billion in damages and potentially banning several Samsung devices from the U.S. market.

The jury validated almost all of Apple’s claims against Samsung, for many different smartphones and tablets, putting the South Korean electronics giant on the hook for $1.049 billion. The jury also found that at least some of the infringement was “willful,” which helped lead to the high figure. (Take a look at the complete verdict form here.)

Among the Apple-patented features Samsung devices were found to have been infringing upon: the “bounce-back” that happens when you scroll to the end of a list, double-tap zoom, pinch-to-zoom as well as the design and iconography on iPhones, iPads and iPod Touches."

Read the rest at Mashable.

**Grogan** · 08-25-2012, 03:11 AM

Only in the U.S... and it only serves to prove yet again that the U.S. patent system is out of control.

Big surprise that the ruling was in favour of an American company, with a hand picked jury from Apple's "home town".

Of course it was willful, they were doing nothing wrong. It's how manufacturing works. When you are deliberately trying to engineer a competing product, you take a look at what your competitor(s) are doing and you try to make something that people will like better by incorporating design elements and features with your own. It's done with brushes and appliances (I chose those examples because I have first hand knowledge of the practice) and just about anything that's manufactured. To allow patents for "rounded corners" and desktop icons and scrolling behaviour is criminal. Software patents are wrong, for that reason... this is abuse.

I'm sick and tired of everyone fellating Apple. They are a predatory company that manages to market their overpriced, mediocre products to easily manipulated people. That Blow (hard) Jobs himself said he was going to wage "thermonuclear war" over Android. As if he invented the smart phone and the concept of an operating system. Of course graphical user interfaces use ideas from previous or existing ones. Apple does it too.

**Dark Angel** · 08-25-2012, 04:30 AM

Frankly I'm inclined to make SURE I buy Samsung on principle because of their battle with the iDouches. My son's iPod (I tried to block the purchase but was shouted down) is smashed up pretty bad and I will block to the best of my ability any iFaeces purchase in my household.

**floppybootstomp** · 08-25-2012, 06:49 AM

Right on, OrganG, right on. That was a superb statement which unfortunately is oh so true.

No justice in this world sometimes, none at all.

**MSUredux** · 08-25-2012, 07:23 AM

I guess Ford should now sue Honda or Toyota or whatever because their cars also incorporate tires and windshields and steering wheels, etc...

**Grogan** · 08-25-2012, 11:50 AM

That's a good point, it's getting harder to distinguish makes of cars at a glance. Car companies tend to have similar, equivalent models. They all have "rounded" designs and similar features etc.

**ZemaTalon** · 08-25-2012, 12:57 PM

A good example is the Chev HHR which looks like GM used the Dodge PT Cruiser for reference.

**MSUredux** · 08-25-2012, 01:41 PM

Yep, I'd forgotten about that car. That's exactly how I used to describe the HHR. "Chevy's PT Cruiser".

**ZemaTalon** · 08-25-2012, 02:50 PM

I remember the first time I saw one, and wondering how the hell can they get away with that, it seemed so blatently obvious

But like has been said already, it's business as usual in most industries, as long as they don't make an exact duplicate of stuff. Leo Laporte was talking about this today, and brought up the drop down notifications utility which was an Android innovation, that was stolen by Apple. Google/Motorola has a pending patent suit against Apple (Google acquired Motorola recently).

**Dark Angel** · 08-25-2012, 09:39 PM

I hate Apple more and more every day.

**prod** · 08-26-2012, 10:34 PM

Originally Posted by MSUredux

Yep, I'd forgotten about that car. That's exactly how I used to describe the HHR. "Chevy's PT Cruiser".

Off topic a bit, I have an HHR, it was actually designed by the same guy as the PT, who moved from chrysler to GM. Same features, some common design aspects, no lawyers involved there.
Any word on the appeal?

**Dark Angel** · 08-26-2012, 10:39 PM

I read (ok skimmed) an article that claimed the jurors didn't even consider all the information presented and the whole thing may have been decided on one juror's personal opinion (the jury foreman, himself a patent holder) of patent law.
Apparently they plain ignored the entire issue of "prior art" because it would have taken too much time.

**Grogan** · 08-27-2012, 12:39 AM

Yes, I read that over at Groklaw. Moreover, the jury foreman is not only a patent holder, but an apple enthusiast. This gets more disgusting by the day.

This calls into question the practice of using juries for this sort of thing. Jurors have nothing binding them to make correct decisions. They aren't responsible for anything and can be used as pawns with impunity. This isn't even criminal court where there are strict rules.

By the time they get done "weeding out" and hand picking jurors, they end up with biased, but still ill informed people who are given power to make billion dollar decisions.

They use these same types of juries to award RIAA damages of hundreds of thousands of dollars for downloading a few songs, too. Why should that be up to some self righteous panel of idiots?

**labatts** · 08-28-2012, 11:42 PM

Fuck Apple i just got a samsung galaxy s3 because zema liked his and i really like mine the icrap doesn't hold a candle to it....disregard the part where i admitted to copying zema..bastid might sue me

**Dark Angel** · 08-28-2012, 11:48 PM

It's ok, I think Zema's opinion is licensed under Creative Commons.

Now that Google has decided to turn it's lawyers loose on Apple I'm hoping the iPricks get a new ass torn right in the middle of their faces.

**Dark Angel** · 08-29-2012, 12:03 AM

Just checked the contract the wife's phone is on. Doesn't finish till Nov '13. Bugger. I was hoping to buy another Samsung in light of this shitful court ruling . Might have to find a way to shell out and buy one cash.

**Fingerle** · 08-29-2012, 12:48 AM

Didn't your TV just die DA? Samsung sells those too.. ROFL!! Wicked awesome monitors as well.

**floppybootstomp** · 08-29-2012, 01:31 AM

Coupla interesting relevant links:

Of course Juries are impartial

Not sure how true this is but it's certainly an eye-opener if even parts of it are fact:

Has Apple ever invented anything?

**ZemaTalon** · 08-29-2012, 01:46 AM

Originally Posted by Dark Angel

It's ok, I think Zema's opinion is licensed under Creative Commons.

Now that Google has decided to turn it's lawyers loose on Apple I'm hoping the iPricks get a new ass torn right in the middle of their faces.

That's right, as long as I get all the credit it's all good

**ZemaTalon** · 08-29-2012, 02:07 AM

I think I'll get a Samsung t-shirt and then go walking around downtown Cupertino in it

Originally Posted by floppybootstomp

Coupla interesting relevant links:

Of course Juries are impartial

Not sure how true this is but it's certainly an eye-opener if even parts of it are fact:

Has Apple ever invented anything?

It sounds like at least the part about Siri might be:

Apple is facing a new battle by patents. This time the fight is with Google, which has sued the company from Apple for seven Motorola patents related to Siri, the location of the iPhone and notifications of e-mail, among others.

- from here.