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: Unfair trial about nothing
by graig on Sat 25th Aug 2012 04:59 UTC in reply to "Unfair trial about nothing"
graig
Member since:
2010-09-18

And that is exactly what they are trying to do: use software patents to lock the market and make real choice an impossibility.


how would you feel if you made a game and someone cloned your game and it looked almost exactly the same, and people started buying it instead of your game.

thats what samsung did. they made their product look like a popular product to steal sales from apple. They didn't have to make their stuff look so similar to apples stuff... they didn't have to, but they did.

that being said 1 billion is probably too much of a penalty. i doubt apple lost that much money because of samsungs actions. but i do believe that some sales of samsungs phones is because they copied the look and feel that apple's phone popularized.

Reply Parent Score: 0

Lennie Member since:
2007-09-22

"i doubt apple lost that much money because of samsungs actions"

That isn't what fines are about, fines are meant to prevent you from doing it again (or at least I hope that is the point).

Reply Parent Score: 2

ichi Member since:
2007-03-06

"i doubt apple lost that much money because of samsungs actions"

That isn't what fines are about, fines are meant to prevent you from doing it again (or at least I hope that is the point).


Going by the Final Jury Instruction No. 35, fines are exactly about that:

"The amount of those damages must be adequate to compensate the patent holder for the infringement. A damages award should put the patent holder in approximately the financial position it would have been in had the infringement not occurred, but in no event may the damages award be less than a reasonable royalty. You should keep in mind that the damages you award are meant to compensate the patent holder and not to punish an infringer."

The jury obviously though "screw the instructions, we know better: let's punish them", as shown by the jury's foreman declarations:

"We wanted to make sure the message we sent was not just a slap on the wrist," Hogan said. "We wanted to make sure it was sufficiently high to be painful, but not unreasonable."

Edited 2012-08-26 18:17 UTC

Reply Parent Score: 2