Verdict in Samsung infringed on at least 3 Apple patents

[mperdue]

Don:

It's way too early for Apple to claim victory or for Samsung to give up in defeat.

You have a jury foreman admitting they totally ignored the instructions and did what they did to punish Samsung which is directly contrary to instructions.

The next phase on Sept 20 will be interesting.


Sent from my SAMSUNG-SGH-I777 using Tapatalk 2

That's a pretty heavy spin on what the jury foreman said.

 

[John Kotches]

mperdue:

I'm not in the spin business.

So concrete examples of my earlier post:

Galaxy Tab 10.1: not infringing, but damages awarded anyway.
Intercept: No infringement, but damages awarded for inducement. You can't have one without the other.

Quoting foreman:

We didn't whiz through this, we took it very seriously

700 questions with about 1300 minutes of deliberation time is a little less than 2 minutes per question. That deliberation time also includes reading the significant amount of instructions so that would mean a real world time of between 1 and 1 and a half minutes depending on how fast the slowest reading juror can read.

Quoting foreman again:

(The jury)wanted to send a message to the industry at large that patent infringing is not the right thing to do, not just Samsung. We felt like we were 100 percent fair, but we wanted something more than a slap on the wrist.

Their role is to deal with the case in front of them and nothing else. Not sending a message and not worrying about the level of punishment, a slap on the wrist or otherwise.

 

[mperdue]

mperdue:

I'm not in the spin business.

So concrete examples of my earlier post:

Galaxy Tab 10.1: not infringing, but damages awarded anyway.
Intercept: No infringement, but damages awarded for inducement. You can't have one without the other.

Quoting foreman:


700 questions with about 1300 minutes of deliberation time is a little less than 2 minutes per question. That deliberation time also includes reading the significant amount of instructions so that would mean a real world time of between 1 and 1 and a half minutes depending on how fast the slowest reading juror can read.

Quoting foreman again:


Their role is to deal with the case in front of them and nothing else. Not sending a message and not worrying about the level of punishment, a slap on the wrist or otherwise.

Also said:

The jury -- consisting of seven men and two women -- ultimately decided to award Apple $1.05 billion in damages.

"In this country, intellectual property deserves to be protected," he said. "If any company decides to ignore the stipulations and the rules and get too close that they cross the line and infringe and do it willfully -- they need to understand if they take the risk and get caught, they should have to pay for it."

When asked by interviewer Emily Chang if South Korea-based Samsung had a disadvantage because Apple is based in Cupertino, Calif. -- about 15 minutes away from the San Jose federal courtroom where the trial took place -- Hogan said: "None at all."

"Clearly, the evidence, to us, spoke overwhelmingly," he said. "There was no question about it."

Part of their roll is to set damages. In doing that the have to decided if there is merit to awarding punitive damages. In this case they decided the infringement did warrant a large damage award but not as large as Apple was seeking.

Also note that no member of the jury owned a iPhone.

 

[John Kotches]

The more the jury foreman speaks, the more grounds Samsung will have for appeal Maybe Apple should pay him some hush money

 

[rockymtnhigh]

The more the jury foreman speaks, the more grounds Samsung will have for appeal Maybe Apple should pay him some hush money

No it isn't. It is extra-judicial. You can't appeal based on what somebody says outside of court.

 

[John Kotches]

Rocky:

You know way more about Civil and Criminal process so I'll defer to your knowledge. Although it can't be used as grounds, can it be used as part of an appeal?

 

[Voyager6]

The jury did not follow the Judge's instructions regarding the award of damages. Definitely grounds to have the jury award thrown out. http://www.groklaw.net/article.php?story=2012082510525390

Now the jurors are contradicting each other. Lordy, the more they talk, the worse it gets. I'm sure Samsung is glad they are talking, though. Had they read the full jury instructions, all 109 pages [as PDF], they would have read that damages are not supposed to punish, merely to compensate for losses. Here's what they would have found in Final Jury Instruction No. 35, in part:

The amount of those damages must be adequate to compensate the patent holder for the infringement. A damages award should put the patent holder in approximately the financial position it would have been in had the infringement not occurred, but in no event may the damages award be less than a reasonable royalty. You should keep in mind that the damages you award are meant to compensate the patent holder and not to punish an infringer.​

The same instruction is repeated in Final Jury Instruction No. 53, in case they missed it the first time. Did they obey those instructions? Nay, did they even read them? The evidence, judging by the foreman's reported words, point the wrong way.

 

[pro96]

Even with this verdicts I will never buy an Iphone.. Sticking with Samsung Galaxy II and III

Sent from my SPH-L710 using Tapatalk

 

[vodad]

Yep, I am in the market for a new phone, galaxy s III is how I am going to go. (It is not part of this suit so it will be just fine)

 

[Neutron]

I like my iPhone but I do wish I could do more with it. I do like the feature Samsung put in the GS3 with the sending of photos or video just by tapping the devices.

 

[rockymtnhigh]

I like my iPhone but I do wish I could do more with it. I do like the feature Samsung put in the GS3 with the sending of photos or video just by tapping the devices.

What exactly is it that you want to do?

 

[Neutron]

What exactly is it that you want to do?

The things I'm thinking about require me to jailbreak it. I'd like to get some widgets on the home screen like the weather and better notifications in the notification bar.

 

[rockymtnhigh]

THen jailbreak it. I was JB for awhile. It was easy enough to do - and to undo.

Personally I think widgets on the homes creen are over-rated. I always turned most of them off in my Droid days. Sucked up too many resources.

What notifications do you want?

 

[TheForce]

I like widgets on my Thunderbolt for weather. Nice to have a complete picture at a glance. Never gave the resources a thought. The Thunderbolt works fine with the widgets loaded.

It is unlikely I will ever own an iphone due to a couple of design aspects I don't like. If these become a non-issue in the future then I could change my mind.

 

[rockymtnhigh]

I have no doubt that the newer more powerful android phones are better at this, but my experience was not positive with widgets. So I did not use them. And one click on the Weather Channel app on my home screen works just fine.

 

[cybok0]

I need my widgets, I have at least one on every screen and I have seven screens

 

[rockymtnhigh]

I need my widgets, I have at least one on every screen and I have seven screens

Goes through withdrawal without widgets... shakes, sweats,

 

[TheForce]

Regarding htc and it's position on the Apple win over Samsung:

HTC Will Fight Apple to the Death
11:40a ET August 29, 2012 (Benzinga)

Cher Wang, HTC's chairperson, said today that the company will not settle its dispute with Apple (NASDAQ: AAPL) regarding patent infringement.

According to DigiTimes, HTC has not been fazed by Apple's landmark win in its U.S. patent trial with Samsung.

"Wang noted that HTC has great skills in innovation and has the confidence to face legal lawsuits with Apple," DigiTimes reported. "Samsung's loss, added Wang, does not mean the failure of the entire Google Android ecosystem."

Wang is correct in her assessment. Apple's win over Samsung is a victory against that company alone -- it does not set the precedent for future patent disputes.

The problem is that if Apple defeats HTC, the struggling smartphone maker may not be able to afford to pay the resulting penalty. Over the last six month, shares of HTC have lost more than 60 percent of their value. Earlier in August, the company announced that it had taken a $40 million loss after OnLive closed its doors.

If HTC goes to trial with Apple and loses, the penalty could far exceed any losses that the company has already incurred.

With more and more consumers choosing Samsung for an iOS alternative, the future does not look bright for HTC.

 

[Voyager6]

Latest volley by Samsung in the Patent Wars. http://www.zdnet.com/samsung-takes-...-tab-10-1-ban-scrapped-7000005097/?s_cid=e505