Samsung ordered to pay Apple $119.6M in damages for copying its products!

Apple-Vs-Samsung

The verdict has just been given in the second trial opposing Apple to Samsung, which has taken place in California over the last month.

After hearing 50 hours of testimonies and deliberating for three days, the jury has finally come to an agreement and found that Samsung has infringed on three Apple patents, while Apple infringed on one Samsung patent

Apple-30-years-of-Mac-Apple-Stores-window-displaysApple filed the lawsuit in February 2012, asserting Samsung’s violated five Apple patents with its Galaxy Note, Galaxy Note II, Galaxy SII, Galaxy S II Epic 4G Touch, Galaxy S II Skyrocket, Galaxy S III, Galaxy Tab II 10.1, and other devices. Samsung responded with a counterclaim, stating two Samsung patents were infringed on within the iPhone 4, iPhone 4S, iPhone 5, iPad 2, iPad 3, iPad 4, iPad mini, iPod touch (5th generation), iPod touch (4th generation), and MacBook Pro.

The jury found that:

  • all Samsung devices infringe on Quick Links patent ’647
  • all Samsung devices infringe on Predictive Text patent ’172
  • some Samsung devices infringe on Slide to Unlock patent ’721
  • Samsung did not infringe on Universal Search patent ’959
  • Samsung did not infringe on Background Sync patent ’414
  • Apple did infringe on Video Transmission patent ’239
  • Apple did not infringe on Camera & Folder Organization patent ’449

The jury ruled that Samsung should pay Apple $119,625,000 in damages, which is far from the $2.2 billion Apple was asking for Samsung infringing on its patent. Samsung was claiming it only owed no more than $38M.

The jury also found that Apple infringed on one Samsung patent related to the way FaceTime handles video streaming, awarding the Korean company $158,400 in damages from Apple.

Of course, $119M is pocket change for Apple, but was it ever about money? Probably not. Although these are mixed results, Apple did make a point that Samsung was indeed infringing on some of its patents. This point is likely not as big as Apple would have wanted, making it more of a symbolic win for Apple than a proper victory.

In a statement to Recode, Apple said:

We are grateful to the jury and the court for their service. Today’s ruling reinforces what courts around the world have already found: that Samsung willfully stole our ideas and copied our products. We are fighting to defend the hard work that goes into beloved products like the iPhone, which our employees devote their lives to designing and delivering for our customers.

Even though Samsung must pay Apple almost $120M in damages, you can’t help but think the lawyers for the company are still taking this as a victory, considering the first trial didn’t end up so well for the Korean giant.

Update: While examining the jury’s decision, Apple found it was not awarded damages for the Galaxy SII, which was found infringing on one patent. The jury decided to come back on Monday to sort out damages Apple should be awarded for this.

Apple seeking $2 billion over these 5 iOS features that Samsung stole!

As most of you know probably know by now, round 2 of Apple’s US patent battle with Samsung kicked off this week in a San Jose, California court room. The last time these 2 companies met on American soil, in the fall of 2012, Apple was awarded $1 billion in damages.

This time around, the iPad-maker is asking for twice that much. And although it’s using different patents, and going after different Samsung devices, it’s ultimately trying to prove the same thing as it did before: that Samsung intentionally copied its patented inventions…

The honorable US District Court Lucy H. Koh will once again be presiding over the case, which will be decided by a jury of four women and four men, who were chosen Monday. Apple is suing Samsung over five patents, and Samsung is countersuing over two patents.

Apple Patents

-U.S. Patent No. 5,946,647 for a “System and method for performing an action on a structure in computer-generated data”
-U.S. Patent No. 6,847,959 for a “Universal interface for retrieval of information in a computer system”
-U.S. Patent No. 7,761,414 for “Asynchronous data synchronization amongst devices” 
-U.S. Patent No. 8,046,721 for “Unlocking a device by performing gestures on an unlock image”
-U.S. Patent No. 8,074,172 for a “Method, system, and graphical user interface for providing word recommendation”

Samsung Patents

-U.S. Patent No. 6,226,449 for an “Apparatus for recording and reproducing digital image and speech” 
-U.S. Patent No. 5,579,239 for a “Remote video transmission system”

Recode’s Ina Fried has some of Apple’s opening remarks from the case:

“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,” Apple attorneyHarold McElhinny said during its opening arguments. Apple is seeking as much as $2 billion in damages, saying that various Samsung phones and tablets infringed on five of its patents.

McElhinny began his opening statement Tuesday, much as Apple did in that prior case, showing reviews and praise heaped upon the iPhone as well as snippets from Steve Jobs’ January 2007 iPhone introduction at Macworld. Apple also plans to show various internal Samsung documents, some of which it previewed on Tuesday, that it says demonstrate that Samsung knew it was violating Apple’s intellectual property.

Apple alleges that Samsung sold 37 million infringing phones and tablets in the US, and it’s looking for lost profits from those products as well as ‘reasonable royalties’ on remaining ones. The company is seeking an average of $33 per device, and as much as $40 per device.

Meanwhile, Samsung’s strategy this time around is to downplay the value of intellectual property in general. It actually went out and purchased the two patents that it’s counter-suing Apple with, and is asking for less than $7 million in damages. That’s a bold strategy Cotton.

Anyway, the next day in court will be Friday of this week, and the case will likely last a month. Expect to see executives from both companies (maybe even the ousted Scott Forstall) testify in the coming weeks, secrets revealed, and much more in this high-profile patent trial.

Stay tuned, things are about to get real interesting.

Judge rules that Samsung did not ‘willfully’ infringe on Apple’s patents!

Last August, a California jury found Samsung guilty of infringing on several Apple patents in a high-profile trial. The initial damages awarded to Apple totaled $1.05 billion, but since Samsung was found to have ‘willfully’ infringed, that amount was expected to multiply.

Not so fast. The two companies have been attending post-trial hearings with Judge Lucy Koh over the past few months to plead their cases for appeals and other motions. And tonight, Judge Koh has issued a ruling overturning the jury’s willful infringement finding…

Koh writes that establishing willful patent infringement takes a two-prong analysis: an objective inquiry and a subjective inquiry. The subjective inquiry is for the jury, which in this case found Samsung guilty, and the objective inquiry is for the court, which did not.

The Verge’s Bryan Bishop does a nice job of explaining it:

“As Koh writes in the ruling, for an ultimate finding of willfulness to hold Apple needed to prove that there was an “objectively high likelihood that its [Samsung’s] actions constituted infringement of a valid patent.” Samsung had argued that it had reason to believe Apple’s patents were invalid — so that even if Samsung had infringed, it couldn’t be found to have done so willfully. Koh found Samsung’s arguments reasonable enough to rule out an overall finding of willful infringement. In other words, she believed Samsung went into the whole situation with a reasonable belief that it wasn’t in the wrong.”

So what does all of this mean for Apple? Well, obviously the big thing is that it won’t be receiving any additional damages for willful infringement. And although the current $1.05 billion verdict stands, Koh could theoretically reduce the amount in light of this ruling.

In addition to the aforementioned overturn, the Judge also issued a few other rulings tonight in regards to the case. She denied Apple’s request for enhanced trade dress damages, as well as claims from Samsung that some of Apple’s patents were invalid.

Koh still has several post-trial motions to rule on, but it’s nice to see that they’re making progress. Hey, the sooner this thing wraps up, the sooner the two companies can get started on next year’s big trial. The case is scheduled to hit the courtrooms in March of 2014.

Samsung getting even with Apple: the next iPhone is a priority target!

Looks like Apple is pushing Samsung’s buttons by asking the court to put the Galaxy S III smartphone on the list of devices eligible for

So, what’s Sammy gonna do? Summon its legal sharks to go after the iPhone 5, of course… a preliminary sales injunction in the United States.

Apple is leveraging its Siri patent to seek a sales ban on Samsung’s latest device which has a similar feature called S-Voice with the user interface that resembles Apple’s digital secretary a lot, as seen below.

Now, according to patent blogger Florian Müeller, interviewed by The Korea Times, the South Korean conglomerate will get even with Apple and is definitely going to target the next iPhone, expected to be unveiled at WWDC next Monday.

Müeller said:

There’s no question that Samsung will pay back in kind, and the iPhone 5 will definitely be a priority target.

Apple is thought to be concerned about the nine million preorders for the S III, which was launched in 28 countries in Europe and the Middle East in May and about to launch in the United States on June 21.

Müeller observes that Samsung’s product cycles are “way faster than the U.S. legal system”, adding:

Apple filed for an injunction against the Nexus phone in February but by now the Galaxy SIII looks like a much hotter product. Apple is well aware of the incredibly high levels of pre-launch orders around the globe and mentions those numbers in its filing.

Speculating that the S III will probably be “the most exciting and best-selling Android-based product ever”, Müeller concluded that Apple wants to at least delay the handset in the U.S. and reduce its appeal to consumers by enforcing software changes in order to make things easier for its next iPhone.

And the latest from the courtroom: Samsung just sued Australian patent office to force judicial four Apple patents, seeking to declare them invalid.

Now, it’s been suggested that a recent executive reshuffling at Samsung could improve relationship with Apple because the new CEO Kwon Oh-hyun has deep relationships with Apple.

However, the speculation has no merit as KDB Daewoo Securities analyst James Song opined in a Reuters interview “there’ll be no major changes in overall strategy”.