Linked by Thom Holwerda on Fri 24th Aug 2012 23:54 UTC
Legal And just like that, within a matter of days, the jury has reached a verdict in Apple vs. Samsung. The basic gist is simple: Apple's software patents are valid, and many Samsung devices infringe upon them. Apple's iPhone 3G trade dress is valid, and Samsung's Galaxy S line infringes, but other devices did not. Samsung did not infringe Apple's iPad design patent. Apple did not infringe any of Samsung's patents. Apple is awarded a little over $1 billion in damages. Competition lost today, and developers in the United States should really start to get worried - software patents got validated big time today.
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RE[2]: Everybody wins
by WorknMan on Sat 25th Aug 2012 00:21 UTC in reply to "RE: Everybody wins"
WorknMan
Member since:
2005-11-13

s going to be banned forever in my home and if my work place gets apple products i will not touch them.


Well, I don't see Google or Samsung on Capital Hill demanding an end to software patents, so it's hard for me to feel sorry for either of them. When you are a willing participant in a fight and get the shit kicked out of you, well... sucks to be you.

This is simply a case of big companies doing what big companies do. Samsung is going to appeal this, and of course it will drag on for several more years, and tech blogs will continue to be polluted with this incessant bullshit.

Reply Parent Score: 13

RE[3]: Everybody wins
by Mellin on Sat 25th Aug 2012 00:29 in reply to "RE[2]: Everybody wins"
Mellin Member since:
2005-07-06

Apple is a patent troll

Reply Parent Score: 0

RE[4]: Everybody wins
by WorknMan on Sat 25th Aug 2012 00:32 in reply to "RE[3]: Everybody wins"
WorknMan Member since:
2005-11-13

Apple is a patent troll


LOL, Apple actually makes products. But speaking of being heavy-handed with patents, we all know that Microsoft makes a lot of money on Android sales for this very reason. So when I've seen Windows users/Xbox 360 owners screaming about 'boycott Apple!' today as a result of this verdict, the irony isn't lost on me.

For the record, I do not own any Apple products.

Reply Parent Score: 4

RE[3]: Everybody wins
by Phillip.Fayers on Sat 25th Aug 2012 09:41 in reply to "RE[2]: Everybody wins"
Phillip.Fayers Member since:
2005-12-14

"Well, I don't see Google or Samsung on Capital Hill demanding an end to software patents"

A valid point re: Samsung, not so with Google.

I was very surprised that Samsung didn't follow Google's lead (in the Java/Android case) and ask the patent office to invalidate Apple's patents in advance of the trial. If they truly are invalid, as many people thing, then a re-examination would invalidate them. The tactic worked very well for Google - and happens outside the truly ludicrous time restriction on arguments in the court room.

The only reason I could come up with for Samsung not challenging the patents in that way is that they didn't want the same to happen to theirs.

Reply Parent Score: 2

RE[4]: Everybody wins
by JAlexoid on Sat 25th Aug 2012 13:31 in reply to "RE[3]: Everybody wins"
JAlexoid Member since:
2009-05-19

The only reason I could come up with for Samsung not challenging the patents in that way is that they didn't want the same to happen to theirs.


Bingo! Samsung lawyers were so preoccupied with all-or-nothing approach, that it bit them in the ass. They could have gone the "narrow down patent claims" route, but they only wanted invalidation.

Reply Parent Score: 2

RE[3]: Everybody wins
by vanfruniken on Sat 25th Aug 2012 11:01 in reply to "RE[2]: Everybody wins"
vanfruniken Member since:
2006-07-18

1. Maybe finally, the justice system will realize that too much energy is spent on these patent trials. Maybe the pressure will build to lobby for more sensible laws, hopefully restricting patents in time, also depending on whether they are being used, and to deny "obvious" patent applications.

2. The whole situation was brought upon the world by Microsoft blatantly cashing in on (a) PCDOS, and marketing MSDOS instead; (b) "copying" (and getting almost everything wrong in doing so, but that's a different story:) Apple's user interface. Formally, they couldn't be blamed, because neither PCDOS nor the MacOS GUI were properly protected at the time, and Microsoft cleverly negociated contracts that turned out to let them get away with the whole thing. In order not to fall in this trap again with the iPhone et al., Steve Jobs told the world: "and boy, have we patented this..."

Reply Parent Score: 0

RE[4]: Everybody wins
by Laurence on Sat 25th Aug 2012 14:01 in reply to "RE[3]: Everybody wins"
Laurence Member since:
2007-03-26


2. The whole situation was brought upon the world by Microsoft blatantly cashing in on (a) PCDOS, and marketing MSDOS instead; (b) "copying" (and getting almost everything wrong in doing so, but that's a different story:) Apple's user interface. Formally, they couldn't be blamed, because neither PCDOS nor the MacOS GUI were properly protected at the time, and Microsoft cleverly negociated contracts that turned out to let them get away with the whole thing. In order not to fall in this trap again with the iPhone et al., Steve Jobs told the world: "and boy, have we patented this..."

You're not really making a whole lot of sense there. PCDOS was bought and paid for. That deal was all above board.

And Microsoft didn't get away with coping the WIMP paradigm, Apple took MS to court and won (and that's ignoring the fact that the whole thing wasn't even Apples invention to begin with)

Edited 2012-08-25 14:05 UTC

Reply Parent Score: 0

RE[4]: Everybody wins
by zima on Wed 29th Aug 2012 01:17 in reply to "RE[3]: Everybody wins"
zima Member since:
2005-07-06

2. The whole situation was brought upon the world by Microsoft blatantly cashing in on (a) PCDOS, and marketing MSDOS instead; (b) "copying" (and getting almost everything wrong in doing so, but that's a different story:) Apple's user interface.

You make no sense whatsoever. PC-DOS was just a branding of MS-DOS, when used on PCs sold by IBM. PC-DOS was made by Microsoft.

And about that "desktop GUI look and feel" (which Apple took from Xerox) lawsuit against MS - notably, Xerox sued Apple on the same charges, too, at the time.
But it's quite hypocritical to allege that MS stole the GUI from Apple, while poitning out it was quite different (logically, that's what "getting almost everything wrong" would really imply)

Reply Parent Score: 2

RE[3]: Everybody wins
by dragos.pop on Sun 26th Aug 2012 23:15 in reply to "RE[2]: Everybody wins"
dragos.pop Member since:
2010-01-08


Well, I don't see Google or Samsung on Capital Hill demanding an end to software patents, so it's hard for me to feel sorry for either of them. When you are a willing participant in a fight and get the shit kicked out of you, well... sucks to be you.

Sorry for not having quotes right now but Google did say numerous times it was against software patents and also it never used them offensively.

Reply Parent Score: 2