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08-27-2012, 12:27 PM #1
$1 Billion in Damages May Just Be The Start of Samsung's Penalty
The news just keeps getting worse for Samsung.
On Friday, a jury ruled in favor of Apple and awarded the tech giant $1 billion in damages stemming from Samsung's alleged willful violation of the iDevice-maker's patents and intellectual property. As a natural consequence of this devastating blow to Samsung, traders on Wall Street are punishing the company mercilessly today.
As MMi reported this morning, shares of Samsung are getting battered in the largest single-day decline in nearly five years. Unfortunately for the prominent maker of hardware for Android devices, the pain may have only just arrived.
In addition to the unsettled possibility that Samsung may be compelled to pull many of its products from the shelves, Android may similarly be forced to fork over a pretty penny in response to every smartphone or tablet device running Android that Samsung has already sold in the past or will sell in the future.
"In our opinion," one analyst from Wells Fargo observes, "the court system has been a key lever in a company's ability to gain a more favorable position over a competitor in negotiations (i.e., for patent royalties). We believe this is a strong first step for Apple in its patent war and believe Apple is likely to file for an injunction to stop Samsung from selling its infringing products in the US."
"However," the report published Monday continues, "regardless of whether an injunction is granted, we expect Samsung to appeal the decision and ask for a stay of an injunction, if one is granted. If Apple is successful to conclusion, we believe it could result in a significant royalty stream, all else equal in Samsung's share."
Let's also not forget that US District Court Judge Lucy Koh - who had previously given Apple and Samsung numerous attempts to work this matter out amicably - has within her power the ability to award triple damages to Apple in response to the "willful infringement" that was allegedly perpetrated by Samsung against Apple.
Not surprisingly, on Monday, a fresh set of Wall Street watchers stepped-up their estimates for how high shares of AAPL will go in the near term. As of this writing, Apple continues its record climb on NASDAQ, trading well above $676 today.
08-27-2012, 12:38 PM #2
WOW it has gotten worse for Samsung. It has to be an unprecedented judgment in a patent trial.
08-27-2012, 01:05 PM #3
The judgement is going to be appealed, it may be nothing at all.
Until it goes all the way to Supreme Court one can never tell.
Also because of this there is a legislation going through congress trying to change the present law.
You can prove you are first to invent something with notes/emails etc that was dated and able to prove the dating.
First one to go to patent office to patent the invention.
Meaning even if you invented something, if you did not go to patent office you did not invent it. Basically it is changing the law to better help entity like Apple who patents the hell out of anything and everything. This is just wrong, America is becoming less and less the country I want to live in.
08-27-2012, 01:16 PM #4
"the court system has been a key lever in a company's ability to gain a more favorable position over a competitor in negotiations (i.e., for patent royalties)."
This statement right here is whats wrong with this. Courts should have no infringement into free enterprise. None. The statement is not pointing at Apple, or Microsoft or any other company. It blankets the court system and the system in general.
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08-27-2012, 01:47 PM #5
08-27-2012, 01:48 PM #6
There all made in China by slave labor anyways so what's the difference.
08-27-2012, 02:21 PM #7
08-27-2012, 02:24 PM #8
As somebody that has spent 7-8 years with the military in the Middle East, these comments really bother me. It's not because people don't have the right to feel that way and say they don't want to live in the U.S. (which is IN N. America), but because they do have those right's and largely don't appreciate it. Because they never paid for it, it was given to them.
Sure, the U.S. has its problems - not the least of which are ignorant, unappreciative citizen's that contribute nothing to the country that bestows those freedoms on them, but it's still the best country on the planet, in history. If you don't believe that, you have clearly never lived outside the US to understand the freedoms you enjoy- and I don't mean spending 10 days in some tourist trap or college exchange program. If you don't like what you see in the U.S., as a citizen you have the right to try and change it. Ask the people in Syria, Egypt, Tunisia, Libya, etc. if they would like to trade places with you here in the U.S.
08-27-2012, 03:38 PM #9
America is so wonderful that I am at liberty to say that I hate many things about this country and still nobody can or will force me out. If I complain about any aspect of my American life, I am not appreciating this country less, I am simply exercising my right to express my freedom of speech. America, like many other European countries, have liberties and rights other countries do not, but if I or anyone else believes something is broken in this country, like the US patent system, I/ we can complain about it.
As much as I appreciate military service, get off your high horse America is great but citizens of other countries enjoy their homeland. What makes you think the original poster doesn't appreciate his/her rights? S/he is simply exercising them.
FYI I've lived in China (capitalistic dictatorship/ quasi-communist, corrupt), Bolivia (republic democracy, corrupt), Guatemala (republic democracy, corrupt) and Ecuador (see Bolivia, Guatemala), and people from these countries love how and where they were raised. It's easy to appreciate their quality of life once you put your gun down and stop being so close-minded.
08-27-2012, 03:40 PM #10
Q. what do you do if a competitor has better products than you and a market share 4 times the size of yours?
A) first, file for patents for things you did NOT invent (slide to unlock, tablets, smart phones, touch screen tablets and smart phones)
B) then file for patents for an idea you did NOT come up with (app store)
C) take advantage of a weak and incompetent patent office and abuse it like $2 mule.
D) sue the company that sells 4 times as many phones as you do and more than twice as many smart phones.
E) All of the above.
08-27-2012, 03:57 PM #11
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08-27-2012, 03:59 PM #12
Oh a company losing a large fortune will cause more than just money loss!? NO WAY!
08-27-2012, 04:38 PM #13
While you have been overseas there are quite a few things you may have missed. http://postmasculine.com/america
While you have assuredly been told (& naively believed) that you have been fighting for the freedoms we enjoy in America, you couldn't be any further from the truth. http://www.outsidethebeltway.com/a-decade-of-lost-freedom/
What YOU should "ask the people in Syria, Egypt, Tunisia, Libya, etc." is if they wanted the U.S. terrorist (military) presence in their country to begin with & what the actual root of their problems are. I would say, "take a guess" but you're obviously better at being told what to think. If you could hold off on patting yourself on the back for two minutes you might be able to see this article invokes many nationalistic emotions for the way things used to be & the way they still should be.
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08-27-2012, 04:52 PM #14
I, for one, am glad Samsung is getting their @ss beat for this. Patents are patents and ideas are copyrightable right down to the graphics of a rounded square for an app icon. Since the early 80's Apple was innovating and others, like Microsoft, were copying/stealing (Windows - a blatant steal from Apple originally). MS will never be sued by Apple for obvious reasons. But this sends a message. An important one in my view.
Last edited by NewD; 08-27-2012 at 04:55 PM.Here to help if I can. If I can't, I know someone who can!
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08-27-2012, 05:22 PM #15
Anyway, back to the actual subject.
These things happen in the world of business and billions. Where I have a mixed opinion about the nature of the lawsuit. I can say that Samsung was pretty deliberate in their campaign and all out attacks on Apple and their consumers. I'm sure this was about more than just infringement as there are other products out there that were much more deliberate in copying.
Last edited by trek-life; 08-27-2012 at 05:30 PM.
08-27-2012, 05:48 PM #16
It's from PARC that the vast majority of Apple's "innovations" came. Both windows and apples graphical OS are copies of Xerox's UI, even the mouse, networking and laser printers came from PARC.
08-27-2012, 06:08 PM #17
And this is good for the consumer how? Such meaningless patents are worth this much how? Good for Apple, they are trying to become what they never were in the PC market - a monopoly.
I have enjoyed reading the stories about people NOW thinking Samsung is the same as Apple and buying Samsung products to save money.
Regardless of the outcome, I don't see this being a huge long term deal for Samsung. They have already i n the past few years, began moving away from using these features anyway. Many argue, they are now making better products then Apple (Minus the plastic chassis's).
The jury's remarks after the case was over as well as the head juror are interesting and I'm sure Samsung will be quick to point them out on appeal. This will make it to the Supreme Court.
Last edited by Breezer23; 08-27-2012 at 06:12 PM.
08-27-2012, 06:47 PM #18
08-27-2012, 07:43 PM #19
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