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Samsung vs. Apple - Verdict has come down..

18,933 670 August 24, 2012 at 04:17 PM in Chat (2)
http://gizmodo.com/5937762/samsun...g-updating

Samsung got wrecked:

* Jury finds Samsung infringement of Apple utility, design patents for some (though not all) products
* Jury upholds Apple utility, design patents
* Jury upholds Apple trade dress '983
* Jury finds Samsung "diluted" Apple's registered iPhone, iPhone 3 and "Combination iPhone" trade dress on some products, not on others
* No Apple infringement of Samsung utility patents
* Jury found Samsung violated antitrust law by monopolizing markets related to the UMTS standard

Damages owed by Samsung:
* $2.3 billion and counting

(Full disclosure: above info stolen from live.cnet.com/Event/Apple_vs_Samsung_verdict)

134 Comments

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Kolto
08-26-2012 at 08:38 PM.
08-26-2012 at 08:38 PM.
Quote from Beartrkkr :
The issue was not the touchscreen, this way invented way before, but the look and feel of the design. Some internal Samsung documents sort of point to the company needing to recreate the look and feel of the iPhone.

No one will confuse the slide out keyboard model i730 with an iPhone.



Their newer model however looks way more similar

actually, no the newer model doesn't look like an iphone:
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chevvy
08-27-2012 at 04:35 AM.
08-27-2012 at 04:35 AM.
Quote from Beartrkkr :
The issue was not the touchscreen, this way invented way before, but the look and feel of the design. Some internal Samsung documents sort of point to the company needing to recreate the look and feel of the iPhone.

No one will confuse the slide out keyboard model i730 with an iPhone.



Their newer model however looks way more similar


Right, but the SPB Pocket Plus app had the look and feel of the iphone software which wasn't even out at the time. It was like installing a new ROM over Windows CE.
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HeyLookItsMe
08-27-2012 at 06:18 AM.
08-27-2012 at 06:18 AM.
Quote from gunnerusa :
I think the jury was simply overwhelmed with the task they were asked to do and voted their gut. It seems to me that any reasonable person would take more than 20 hours to discuss, debate, and then answer a complex list of 773 questions pertaining to 28 separate devices, even if they weren't rank amateurs.

Be honest: could you actually examine all the evidence 773 times, from the beginning each and every time, and then fill out a form like this?



Look, you're biased because you think this decision benefits you. I think any honest person would have to admit that it would take 20 hours just to fill out a 773 question survey, without deliberating.
that picture has 35 questions on it… it will take me 5 min or so to fill out
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HeyLookItsMe
08-27-2012 at 06:20 AM.
08-27-2012 at 06:20 AM.
Quote from gunnerusa :
None are safe. Apple can just go to the court and file a legal petition to have "violating" devices added to the injunction as they're invented. Great idea, huh? Perfect way to keep that darn capitalism from rearing its ugly head! Wink
yes because it not like they could license a patent like microsoft did
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HeyLookItsMe
08-27-2012 at 06:24 AM.
08-27-2012 at 06:24 AM.
Quote from chewspam :
Right, but the SPB Pocket Plus app had the look and feel of the iphone software which wasn't even out at the time. It was like installing a new ROM over Windows CE.
umm no








those look nothing like iOS
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gunnerusa
08-27-2012 at 06:27 AM.
08-27-2012 at 06:27 AM.
Quote from HeyLookItsMe :
that picture has 35 questions on it… it will take me 5 min or so to fill out
http://www.wicourts.gov/services/...berate.pdf
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HeyLookItsMe
08-27-2012 at 06:28 AM.
08-27-2012 at 06:28 AM.
Quote from Beartrkkr :
The difference may have been that Apple paid Xerox to take a look at what they were doing. Interesting write up about Apple and Xerox and the things that Xerox did and didn't do with their creative people is here: linky [newyorker.com]

About the creation of the "mouse"
"So was what Jobs took from Xerox the idea of the mouse? Not quite, because Xerox never owned the idea of the mouse. The PARC researchers got it from the computer scientist Douglas Engelbart, at Stanford Research Institute, fifteen minutes away on the other side of the university campus."
that and they license the patent… kinda like how microsoft and apple buy the fonts that are default on computers… yeah fonts cost money


apple isn't limiting samsung… apple went to samsung and said pay for the patents you are using or we sue for theft and samsung said they wouldn't pay...
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gunnerusa
08-27-2012 at 06:37 AM.
08-27-2012 at 06:37 AM.
Quote from HeyLookItsMe :
apple isn't limiting samsung… apple went to samsung and said pay for the patents you are using or we sue for theft and samsung said they wouldn't pay...
Do you think rectangles should be patentable?
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Ram|bunc|tious
08-27-2012 at 06:40 AM.
08-27-2012 at 06:40 AM.
Quote from gunnerusa :

Look, you're biased because you think this decision benefits you. I think any honest person would have to admit that it would take 20 hours just to fill out a 773 question survey, without deliberating.
20 hours? I thought the jury was directed to spend the same amount of time deliberating as Samsung did on R&D efforts. Secret
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HeyLookItsMe
08-27-2012 at 06:42 AM.
08-27-2012 at 06:42 AM.
Quote from gunnerusa :
Do you think rectangles should be patentable?
they didn't get sued because they used a rectangle…. they got sued because they cloned the overall design esthetics of the devices and their operating system.

You can look at a computer screen of 2 computers running default Mac OS-X and Windows and you know which is which
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gunnerusa
08-27-2012 at 06:48 AM.
08-27-2012 at 06:48 AM.
Quote from HeyLookItsMe :
they didn't get sued because they used a rectangle….
Apple's patent on the rectangle:
http://www.wired.com/images_blogs...patent.pdf

Apple's "designer" admitting that he stole the idea from Sony:

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Last edited by gunnerusa August 27, 2012 at 06:50 AM.
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HeyLookItsMe
08-27-2012 at 06:57 AM.
08-27-2012 at 06:57 AM.
Quote from gunnerusa :
Apple's patent on the rectangle:
http://www.wired.com/images_blogs...patent.pdf

Apple's "designer" admitting that he stole the idea from Sony:

1 that's a cuboid not a rectangle
2 that applies to electronic devices and it's ornamental design
3 they should be able to patent it as much as GRiD got to patent the laptop clamshell and coke the coke bottle



Being inspired by another company (Sony) and duplicating a product are very different things

These patents are licensed for pennies per product. That's how it works
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Last edited by HeyLookItsMe August 27, 2012 at 07:09 AM.
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chevvy
08-27-2012 at 10:40 AM.
08-27-2012 at 10:40 AM.
Quote from HeyLookItsMe :
umm no








those look nothing like iOS
You're right. I was getting getting my i730 and i900 mixed up. Still.....apple didn't sue SPB.
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Kolto
08-27-2012 at 11:22 AM.
08-27-2012 at 11:22 AM.
stealing this post from OCN member: 2010rig
http://www.overclock.net/t/129884...t_18024896

Quote :
I pose the same question to you that I did to Kikko.
What has Apple ever invented? What invention have they made that didn't involve copying an existing idea, or buying an existing technology?
Can you name even 1 thing Apple has invented?
Because I like you, I'll post this ahead of time:
http://www.youtube.com/watch?v=wFeC25BM9E0
Off the top of my head, a list of patents that Apple holds where there was prior art.
The Tablet.


Yet, Apple has been essentially granted the patent over a rectangular screen with rounded corners for tablets.

----------
Multi-Touch. 1. Apple did not invent it ( they bought it ). There's plenty of prior art.
Pinch to Zoom
http://www.waltercedric.com/gadge...le-copy-it
-------
Now, name 2 inventions Apple has made on their own before I go on with this list. Deal?
Or simply watch the video I posted.
oh and one of the jurors speaks out:
http://news.cnet.com/8301-13579_3...peaks-out/
Quote :
"Well, there were several. The e-mails that went back and forth from Samsung execs about the Apple features that they should incorporate into their devices was pretty damning to me. And also, on the last day, [Apple] showed the pictures of the phones that Samsung made before the iPhone came out and ones that they made after the iPhone came out. Some of the Samsung executives they presented on video [testimony] from Korea -- I thought they were dodging the questions. They didn't answer one of them. They didn't help their cause."
Quote :
"It didn't dawn on us [that we agreed that Samsung had infringed] on the first day," Ilagan said. "We were debating heavily, especially about the patents on bounce-back and pinch-to-zoom. Apple said they owned patents, but we were debating about the prior art [about similar technology that Samsung said existed before the iPhone debuted]. [Velvin] Hogan was jury foreman. He had experience. He owned patents himself...so he took us through his experience. After that it was easier. After we debated that first patent -- what was prior art --because we had a hard time believing there was no prior art."

"In fact we skipped that one," Ilagan continued, "so we could go on faster. It was bogging us down."
Facepalm
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Last edited by Kolto August 27, 2012 at 12:52 PM.

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Kolto
08-27-2012 at 11:25 AM.
08-27-2012 at 11:25 AM.
Quote from HeyLookItsMe :
they didn't get sued because they used a rectangle…. they got sued because they cloned the overall design esthetics of the devices and their operating system.

You can look at a computer screen of 2 computers running default Mac OS-X and Windows and you know which is which
btw samsung has a phone that would've negated the whole design similarity argument
but the Judge wouldn't let them admit it
phone in question:

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