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11-21-2013, 10:54 PM #1
Jury Awards Apple $290 Million in Damages Retrial against Samsung
The jury of eight at the Apple vs. Samsung damages retrial granted Apple $290 million in damages from Samsung, in exchange for the South Korean electronics manufacturer copying the patented software and hardware designs of the iPhone and iPad. The verdict was reached in court in San Jose after two days’ worth of deliberations. For those of you who didn’t know the jurors were deciding how much money to award Apple out of a possible $380 million decision.
The $290 million will join nearly $600 million that Samsung was already ordered to pay in the initial trial with Apple. This latest retrial was held to determine damages related to five specific patents in the suit. The verdict comes in the second week of a retrial to determine how much more Samsung owes Apple after the Cupertino California decisive $1.05 billion victory last year. Following the verdict, Judge Lucy Koh vacated roughly $405 million in damages and set the retrial in motion.
The verdict reached is nearly $100 million less than the $380 million that Apple sought out in the retrial but at the same time, far above the $53 million Samsung said it owed. In a series of seemingly desperate last-minute attempts to delay the verdict, Samsung originally moved for a mistrial on racial grounds and then asked Judge Koh to stay the case pending a possibly years-long reexamination of a key Apple patent. Judge Koh ended up denying both motions, with the new verdict bringing Apple’s total award in the landmark patent dispute to over $900 million.
The retrial involved testimony from Apple’s marketing chief Phil Schiller, who revealed that the original iPhone was a massive “bet-the-company” gamble that ended up paying off. Following the success of the iPhone, Samsung began manufacturing devices that copied the look and feel of it as well as the iPad. Schiller said the following regarding the original iPhone:
There were huge risks. We had a saying inside the company that it was a 'bet-the-company' product. We were starting to do well again in iPod. Then here we're going to invest all these resources, financial as well as people, in creating this product.
Source: Mercury News
11-22-2013, 07:52 AM #2
Supposedly the 1B Apple was asking was only 10% of Samsung's earnings for a specified period. I think If I was Samsung (looking back of course) I would have just settled out of court and paid the Billion.
11-22-2013, 10:39 AM #3
11-22-2013, 11:41 AM #4
blatantly copied from others, which makes this case seem a tad hypocritical.
11-22-2013, 11:55 AM #5
What I would like to know is, how do they actually arrive at the conclusion that, assuming that Apple really did loose (potential) sales due to Samsung's activities in question, those that money would have otherwise ended up as sales for Apple? IMHO, I don't see any guarantee that that that money would have gone to Apple at all. It could have easily gone into other product, a there are other Android handset makers (Motorola, LG, HTC, Sony, etc) well as other platforms like Windows Phone, or even Nokia Symbian (which still existed in the time frame in question), or it could have gone into other products entirely. Or perhaps some of those buyers might not have spent money on anything of the sort otherwise. My point is it seems ludicrous and rather gold-digging to make this sort of assumption that you can't possibly prove for certain. Please correct me anyone if I am missing something here.
11-22-2013, 12:37 PM #6
It doesn't quite work that way. Those numbers are based on how many units that Samsung sold during the violation period. If they rule that Apple is due $1 per unit and Samsung sold 100 units, then they would owe $100!Widget-Weather App Now Available! Also with MyLocation Support!
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11-22-2013, 04:08 PM #7
11-23-2013, 05:43 AM #8