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  • Apple Seeks $2 Billion in Damages while Samsung States Claims are a Gross Exaggeration


    The second Apple vs. Samsung patent trial kicked off recently with both parties offering opening statements to the jury, two of whom were excused just one day after being selected. According to in-court reports from Re/code, Apple is seeking $2 billion in damages from Samsung over alleged misuse of five patents, double what the Cupertino California company won from the first Apple vs. Samsung jury trial in 2012. Apple attorney Harold McElhinny:

    The evidence in this case will be that Samsung copied the iPhone and it also took many other Apple inventions that had not yet appeared in Apple products. Samsung did not stop with competitive intelligence," he said. "Copying the iPhone was literally built into the Samsung development process.
    McElhinny has promised to show the jury internal Samsung documents he said proves the South Korean tech giant knew it was copying Apple’s intellectual property. Although Samsung fended off the iPhone’s growing user base since its debut in 2007, by 2010 the Korean tech giant was forced to copy Apple’s handset which was a piece of technology in development since 2004. As of right now, it’s unknown what evidence Apple plans to submit but the packet could be along the lines of a 2010 Samsung comparison report which are known as the “copycat documents” shown during the first Apple vs. Samsung trial. These papers illustrated a systematic process that compared and contrasted then and current Samsung handset designs with the iPhone.

    According to McElhinny, Samsung sold 37 million infringing products in the US for which Apple is seeking an average of $33 in damages per phone. The company also appears to be asking for reasonable royalties on phones and tablets. In his opening statement, Samsung counsel John Quinn said Apple’s patent claims aren’t as broad as the company makes them out to be. Quinn said the following regarding the matter:

    I'll prove to you that is a gross, gross exaggeration, and an insult to your intelligence.
    The attorney cited a sampling of reviews of Samsung products before passing them off to Google and its Android operating system. The software features which are found on the Galaxy nexus, one of the main devices in the suit, weren’t built by Samsung, instead being built buy the “sophisticated and creative minds” at Google. Quinn said the following regarding the matter:

    It's an attack on Android. It is trying to gain with you in this courtroom what it has lost in the marketplace.
    During the latter part of his opener, Quinn trotted out an email from Apple cofounder Steve Jobs alluding to a “Holy War” with Google. The company was apparently aware of the danger Samsung posed. In fact, Quinn said a meeting agenda from October 2010 suggested Apple recognized Android was ahead in cloud computing, notifications and voice.

    Last but not least, the original ten-member jury has been whittled down to four men and four women with two of the jurors being excused. One claimed to be sick while another serving said the trial would be financially damaging.

    We’ll have to wait and see how the second trial unfolds.

    Source: Re/code
    This article was originally published in forum thread: Apple Seeks $2 Billion in Damages while Samsung States Claims are a Gross Exaggeration started by Akshay Masand View original post
    Comments 5 Comments
    1. NewdestinyX's Avatar
      NewdestinyX -
      It's happened before; companies copping Apples brilliant designs -it'll happen again. There are innovators and then there are copy-cat mass producers. It all started in the 80s with Bill Gates copying Windows from Apple's OS design.

      My only vacillation and question in these cases is "what is the extent of something that can be patented"?

      Clicking on an icon to open an application… Isn't that fair game for anyone? Or is that something all companies will always have to pay Apple for to use in their mobile OS'?
    1. sheon's Avatar
      sheon -
      Quote Originally Posted by NewdestinyX View Post
      It's happened before; companies copping Apples brilliant designs -it'll happen again. There are innovators and then there are copy-cat mass producers. It all started in the 80s with Bill Gates copying Windows from Apple's OS design.

      My only vacillation and question in these cases is "what is the extent of something that can be patented"?

      Clicking on an icon to open an application… Isn't that fair game for anyone? Or is that something all companies will always have to pay Apple for to use in their mobile OS'?
      You mean what Apple stole from Xerox in the 80's Apple didn't invent **** they bought and stole ideas and claimed it as there own.
    1. NewdestinyX's Avatar
      NewdestinyX -
      The Xerox argument is so old and tired and is not grounded in any fact that would hold up even with the legal precedent in patent law in the 80's. Xerox "distant" cousin to a windows based user interface bore ZERO resemblance to what Apple released eventually.. Please hang up that old tired intellectually dishonest argument..

      Apple has always been the innovators.. That's been corroborated by all major 3rd party analysis biographers of Apple's rise to dominance..
    1. Feanor64's Avatar
      Feanor64 -
      Quote Originally Posted by NewdestinyX View Post
      The Xerox argument is so old and tired and is not grounded in any fact that would hold up even with the legal precedent in patent law in the 80's. Xerox "distant" cousin to a windows based user interface bore ZERO resemblance to what Apple released eventually.. Please hang up that old tired intellectually dishonest argument..

      Apple has always been the innovators.. That's been corroborated by all major 3rd party analysis biographers of Apple's rise to dominance..
      What's dishonest is the completely crazy argument that Apple has always been the innovator. For the last 4 years it's been the jailbreak community! My dad still uses a 3GS. I picked it up yesterday and you know what lol it's a less refined 5s without a retina screen and without a fingerprint scanner. In 4-5 years that's sad man. But anyways without Samsung pushing them where would the iPhone be? Without Bill Gates pushing them, where would Mac be? When competition is there, WE win. It amazes me how many tweaks apple copies yes COPIES from the jailbreak community. Yet nothing is ever said. Ever! Now all that being said I wouldn't trade my 5. Apple is awesome, although without the possibility of a jailbreak I would switch to a htc one in a heartbeat.
    1. NewdestinyX's Avatar
      NewdestinyX -
      Yes, Feanor.. I, sadly, very much agree with you there. Apple has dropped the innovation ball terribly in the last 2 years.. They should have never let Microsoft get a tablet/laptop combo to the market first. That was totally Apple's game to win. They should never have let LG get a curved glass phone to the market first. Again they totally dropped the ball. They will also be late to the game in the iWatch. Sadly, as back in the 90s when they lost their way and fired Jobs, Apple's been taken over by "institutionalists" instead of "forward thinkers". They incorrectly believe that Apple's name alone and the caliber of product they put out will keep them on top. Bad move, Mr. Cook. If I were you, Tim, I would do a séance to get in touch with the spirit of Steve Jobs and ask him what the next move is.