Samsung Ordered to Pay Apple $1bn ...

Robherr, yeah, you are right that it's just business. Mega bucks involved so ...

Wire head, lol! Point taken. :o)

words of wisdom from the dead guy himself:

"good artists copy, great artists steal, (quoting from picasso) and we have always been shameless about stealing great ideas"

in the meantime they just added samsung galaxy s III and the galaxy note to another lawsuit

http://www.engadget.com/2012/08/31/apple-samsung-galaxy-s-iii-galaxy-note-patent-lawsuit/

oh come on.

Apple can never win in another court outside of the US regarding this issue against Samsung. Plain & Simple. I know u r all have intelligent conversations on this but do not overdo do it as u will just look dumb. At the end of the day it's just business for these companies.

Samsung may have lost a major battle with Apple last week, but the patent wars go on—and the latest victory is Samsung's. This puts Samsung in the lead with 3-1?

http://www.newser.com/story/153214/japan-hands-samsung-win-in-apple-patent-wars.html

Japan may or may not be viewed as an independent jurisdiction but it's positive for Samsung.

Also, there was an expert opinion by a Silicon valley patent consultant (missed the gentleman's name, Kevin Rivette, perhaps) saying that how this tech war will turn out will be each party giving the other cross licences. This supports Ms. Fried's comment in this brief news:- http://www.aljazeera.com/news/asia-pacific/2012/08/20128315959128736.html

"Ina Fried, the senior editor at technology website All Things Digital, told Al Jazeera that the key unanswered question in the smartphone industry is "whose technology is more essential and whose technology is being borrowed".

"I think the consumer is going to lose ... until there is an understanding throughout the industry. What there needs to be is an agreement. And typically that comes after a few court cases, where the sides pay each other for certain patents, go their own ways in other areas, but until there is that certainty, a lot of time, energy and money is going to be wasted in court hearings," she said."

eagley, that's exactly my gripe about the patent system. it is supposed to be for protection of intellectual property. how can it be intellectual property when they were not the ones who thought of it, but just the first who filed?

the others might not have filed for patent because these are very mundane things that are better off being common property for the greater good

wirehead said, "... how a particular company would actually have the nerve to claim ownership of an existing shape. especially if it has also been used by much older phones whose manufacturers did not claim patents for because they have common sense"

- If other manufacturers did not register their patents, then the first in time to do so (Apple) gets the protection. So the patent system is fine but the detailed technical issues must be something else.

Btw, I just heard that all the jurors are from silicon valley? ie home of Apple

http://smarthouse.com.au/Home_Office/Industry/B6A7K6S5

... hey, then there may be vested interests...

wirehead said, "i don't believe these cases should be filed in normal city courts. the jury may have been made up of relatively technical people but unless they are industry insiders they wouldn't have properly understood everything discussed."

Agreed. They also decided within 3 days, right? That was very zippy.

There should be an independent venue and parties with the requisite technical knowledge of IT and IP (to catch attempts to outmanoeuvre complicated patent and copyright laws) deliberating and coming to a fair decision.

/Btw the South Korean court decision is also not independent. :p

i believe so. it's purely monopolistic behavior.

what is truly bothersome about this is that it can set a precedent for future cases involving possibly other manufacturers whenever they launch a product that happen to have the same features as theirs.

apple may get away with getting features from the android system because it is open source and google encourages developers to create freely within the android environment. read somewhere that the pull down notifications that apple also uses now is from android. there are also reports that LG's prada phone which came out way before the iphone looked very similar to it. so who is copying who?

http://youtu.be/wFeC25BM9E0?hd=1

according to this article, https://www.geek.com/articles/mobile/apple-vs-samsung-what-does-the-verdict-mean-20120827/

The fun thing about jury trials is that your job isn’t to present the facts. Your job is to convince a group of total strangers that are not connected to or aware of you in any measurable way that your side of the story is right.

with the way these companies are suing each other all over the world, is it possible to have (or does there already exist) an international court equipped to mediate on issues of global trade? i don't believe these cases should be filed in normal city courts. the jury may have been made up of relatively technical people but unless they are industry insiders they wouldn't have properly understood everything discussed. i actually want to know more about the details of the case but i found my nose bleeding when i saw terms like 'trade dress' and 'prior art'

Is this another form of protectionism ?

Smartphones was there before iPhone was launched. It's more like sour grapes from apple. Maybe they regret not going after Microsoft 25 yrs back. :P

the patent system is flawed. apple won the patent for this too

http://www.hardwareinsight.com/geeky-fun/slide_to_unlock.html

sorry, i don't understand how a particular company would actually have the nerve to claim ownership of an existing shape. especially if it has also been used by much older phones whose manufacturers did not claim patents for because they have common sense

Lincoln Pirate said, "On a serious note, if Samsung makes a phone, how should they make it? Triangular or round? The rectangle with the rounded corners is worth a "patent"??"

Intellectual property protection applies if Apple registered the (industrial) design earlier. If Samsung makes a phone, it should differentiate its design from Apple's. Hence, Google's email asking Samsung to change its design was quite important evidence for the jurors' consideration.

apple doesn't innovate anymore. they don't want to compete so they sue instead. it's not like they're truly original. very disappointing.

This ruling applies to California! There are countless other cases going on in different states and countries, and sometimes they judge pro Apple and sometimes pro Samsung. On a serious note, if Samsung makes a phone, how should they make it? Triangular or round? The rectangle with the rounded corners is worth a "patent"??

I just read briefly that the Galaxy SIII is exempted from this particular litigation suit ...

http://ibnlive.in.com/news/samsung-to-fight-us-court-ruling-in-apples-favour/285379-11.html

Plus, the other thing is, if Samsung continues to come up with new products every 3-6 months then they will indeed end up with market dominance. Yes, I agree with IlikeQL, right in that originating an innovative idea or vision is difficult. It's after someone has come up with the idea that it's easier to run with it and come up with creative additions or enhancements.

Apple's competitive advantage was in the intangible innovative genius of Steve Jobs who came up with all those innovative ideas, with help frm his team but at the core of it, it was all down to him. Let's hope for some other genius to step up and move the market forward, preferably ethically.

Originating the idea is difficult but coping and improving is much easier. That is what Samsung is doing. Apple has invested so much on R& D but Samsung has just copied it without any investment, they need to pay compensation.

Because the jury is made up of lay persons and this was a highly technical litigation.

Seems that both companies have sufficient market power to diffuse a negative verdict in any event.

http://www.forbes.com/sites/benzingainsights/2012/08/22/apple-samsung-patent-battle-could-lead-to-unusual-deal/

So the final outcome will be which company can hold out longer and Apple is at a disadvantage here without its founder at the helm.

Also, Google's stealth support for Samsung ... http://news.cnet.com/8301-13579_3-57490398-37/how-googles-stealth-support-is-buoying-samsung-in-apple-fight/

/Btw, my current perception about Samsung can change if there is persuasive authority ... haven't done any updates research yet. Just starting and appreciate any comments from IT and other experts (and I know there are many on QL :0)

ther seems to be lots of politics at play here. both are suing each other for patent infringements. i worry when a jury is involved in such cases.