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Samsung retrial vs Apple

Juanitology

You thought the "tech trial of the century" was finally over and now this happens. I can't help but wonder how much they must have spent by now in legal fees, this is just ridiculous.

 

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Over the last five years, Apple and Samsung have been embroiled in a huge patent lawsuit, with Samsung often ending up on the losing end. At first, Samsung was ordered to pay Apple as much as $1 billion but throughout many appeals, Samsung’s lawyers managed to cut that number down to $400 million. Now, Samsung has managed to nab itself another chance to fight the case, with a judge granting yet another retrial.

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The US Supreme Court has already ruled that the initial judgement against Samsung was unfair, which has helped the South Korean company gain another chance at trial. Now, we’ll have to wait and see whether or not Apple and Samsung are prepared to argue this out in court yet again.

 

Personally I don't think we'll see any big difference in the verdict. Samsung clearly ripped off the Apple design, but all those phones have long been out of the market by now. So this makes me wonder what kind of strategy they've got planned for the retrial.

 

 

Source: https://www.kitguru.net/lifestyle/mobile/apple/matthew-wilson/samsung-has-been-granted-a-retrial-in-apple-patent-suit/

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The whole case was a fucking joke, the jury took 21 hours to return such an aggressive verdict.  IP lawyers were rolling their eyes when that happened, because the idea that a bunch of random people off the street can have such insight into the ramifications of said IP law when IP lawyers take months arguing the evidence was laughable.

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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*South Korea VS Apple

 

/s but kinda not

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1 hour ago, Bananasplit_00 said:

*South Korea VS Apple

 

/s but kinda not

It's more like South Korea vs the US, in a US court.

 

During the original lawsuit (which was literally Apple arguing that they should have exclusive rights to things such as colorful icons in a grid pattern, and rounded edges on phones) Samsung countered by seeking an import ban on some Apple products. Those products were infringing on some of Samsung's 4G patents (I should add sales bans were the same thing Apple were seeking, in addition to money, for the rounded corners and other stuff).

Samsung won the import ban lawsuit but Obama himself decided to veto that court order, even after his administration acknowledged that Apple were infringing on the patents.

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27 minutes ago, LAwLz said:

It's more like South Korea vs the US, in a US court.

 

During the original lawsuit (which was literally Apple arguing that they should have exclusive rights to things such as colorful icons in a grid pattern, and rounded edges on phones) Samsung countered by seeking an import ban on some Apple products. Those products were infringing on some of Samsung's 4G patents (I should add sales bans were the same thing Apple were seeking, in addition to money, for the rounded corners and other stuff).

Samsung won the import ban lawsuit but Obama himself decided to veto that court order, even after his administration acknowledged that Apple were infringing on the patents.

 

The whole ordeal stinks to high heaven, Whilst I am sure both companies were/are guilty of IP infringement (and maybe more), the way it all played out was plainly an obvious miscarriage of justice and favoritism.  Either the law applies to everyone or it doesn't.  Personally I think the whole case should be thrown out of court and both parties barred from appealing.

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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16 hours ago, Terodius said:

Samsung clearly ripped off the Apple design

Lol, sure thing bud.

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46 minutes ago, hoboX10 said:

Lol, sure thing bud.

Is that kind of thinking that would leave us without such revolutionary ideas that couldn't be repeated like black rectangle©

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If I'm not mixing it up with another case, wasn't the original one eventually tipped over the edge by one juror who turned out pro-IP? Comments made afterwards made it sound like his decision was not based on law, but his opinion on what should happen, which he managed to persuade other jurors to going along with. It was widely criticised at the time. People were speculating what could be done on appeal.

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19 hours ago, Terodius said:

Samsung clearly ripped off the Apple design

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9 minutes ago, johnjohns111 said:

Don't understand what Samsung has copied from Apple?

a rectangle with rounded edges

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9 hours ago, mr moose said:

 

The whole case was a fucking joke, the jury took 21 hours to return such an aggressive verdict.  IP lawyers were rolling their eyes when that happened, because the idea that a bunch of random people off the street can have such insight into the ramifications of said IP law when IP lawyers take months arguing the evidence was laughable.

"hurr durr it looks like a phone therefore they copied apple" - random jury

3 minutes ago, johnjohns111 said:

Don't understand what Samsung has copied from Apple?

Samsung Galaxy S 2 vs iPhone 4 Karşılaştırması

 

apple claims it has IP rights on touch screen phones with rounded corners, a central "home button" and a speaker on the top. Of course it's bullshit, but the jury disagrees.

Don't ask to ask, just ask... please 🤨

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24 minutes ago, johnjohns111 said:

Don't understand what Samsung has copied from Apple?

I’m pretty sure the Galaxy S2 looks a lot like the iPhone 4/4s and that the first Galaxy Tab looks a lot like the first iPad. 

3E7082FD-CD5E-470E-B39F-7973A0FDEB22.jpeg.47668f5acd267bba09c0bd86bf5a32aa.jpeg

7C55D5CE-1369-4EBB-A086-A85F565FB37B.jpeg.dc09a441cab308b9fb15c2c20347643b.jpeg

That’s why the Galaxy S3 is actually designed by lawyers 

FC803C39-471B-4D87-91FE-E6A36628774D.jpeg.b54040624e6e4087bcae0717e307e742.jpeg

 

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10 minutes ago, hey_yo_ said:

I’m pretty sure the Galaxy S2 looks a lot like the iPhone 4/4s and that the first Galaxy Tab looks a lot like the first iPad. 

3E7082FD-CD5E-470E-B39F-7973A0FDEB22.jpeg.47668f5acd267bba09c0bd86bf5a32aa.jpeg

That image is such bullshit (and it is both pathetic and sad that Apple actually used it in court).

It's just a bunch of cherry picked phones. Here is what it looks like if you cherry pick on the Samsung side:

2012-08-02_170804.png.4b0150ee0b5222bdb7a5d7d85aaf95d5.png

 

And if we want to talk about the iPad then we can cherry pick and look up a certain digital photo frame from Samsung:

21773_Samsung_Picture_Frame_v_iPad.png.98b849652ab63ee6fdeb5916565b969a.png

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Apple likes to pretend that the PDA never existed.

 

pdas.jpg

61kRfuPetPL._SY355_.jpgiphonelifedrive.jpg

157261367_0b66c1134b.jpgPRODPIC-28828.jpg

 

 

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22 minutes ago, Sauron said:

"hurr durr it looks like a phone therefore they copied apple" - random jury

Samsung Galaxy S 2 vs iPhone 4 Karşılaştırması

 

apple claims it has IP rights on touch screen phones with rounded corners, a central "home button" and a speaker on the top. Of course it's bullshit, but the jury disagrees.

Oh, thanks... yeah it's weird. But if their IP is very detailed (I'm sure it is) it may be like a copy for "law world"

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19 minutes ago, hey_yo_ said:

I’m pretty sure the Galaxy S2 looks a lot like the iPhone 4/4s and that the first Galaxy Tab looks a lot like the first iPad. 

 

Apple was the first to release an actually popular phone without a physical keyboard. Of course others followed suit, that doesn't mean apple now has ip rights on anything remotely resembling their design. It's as if IBM sued apple (and everyone else) for using a rectangular case for macs years ago.

 

Also funny story, iPhone is a copyrighted name and it does not belong to Apple. They just buried the lawsuit in money and proceeded not to give a damn.

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3 minutes ago, Sauron said:

Apple was the first to release an actually popular phone without a physical keyboard. Of course others followed suit, that doesn't mean apple now has ip rights on anything remotely resembling their design. It's as if IBM sued apple (and everyone else) for using a rectangular case for macs years ago.

 

Also funny story, iPhone is a copyrighted name and it does not belong to Apple. They just buried the lawsuit in money and proceeded not to give a damn.

Interesting, looks like they've buried this lawsuit really deep =)

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1 minute ago, johnjohns111 said:

Oh, thanks... yeah it's weird. But if their IP is very detailed (I'm sure it is) it may be like a copy for "law world"

No, because if it were really detailed it couldn't possibly include samsung's design. It really is about as vague as I wrote it, just a little more formally written. You can go and read the actual patents if you want to have a laugh, here's one that is literally a drawing of the phone and the claim that "the electronic device is not limited to the scale shown herein".

Don't ask to ask, just ask... please 🤨

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15 minutes ago, Sauron said:

No, because if it were really detailed it couldn't possibly include samsung's design. It really is about as vague as I wrote it, just a little more formally written. You can go and read the actual patents if you want to have a laugh, here's one that is literally a drawing of the phone and the claim that "the electronic device is not limited to the scale shown herein".

Here is a good article about design patents and how Apple makes theirs as broad as possible.

Your link reminded me of it because it has so many dotted lines.

 

 

13 minutes ago, Sauron said:

Cisco also owns the iOS trademark. Cisco's OS they use on for example switches and routers is called IOS and they have been using that name since like the 80's or something like that.

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16 minutes ago, Sauron said:

No, because if it were really detailed it couldn't possibly include samsung's design. It really is about as vague as I wrote it, just a little more formally written. You can go and read the actual patents if you want to have a laugh, here's one that is literally a drawing of the phone and the claim that "the electronic device is not limited to the scale shown herein".

Yeah, now I see. Two sentences and few drawings. It's not detailed at all, thought that such cases are easy for expensive lawyers.

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4 hours ago, Sauron said:

"hurr durr it looks like a phone therefore they copied apple" - random jury

 

 

apple claims it has IP rights on touch screen phones with rounded corners, a central "home button" and a speaker on the top. Of course it's bullshit, but the jury disagrees.

 

One Juror trying justify themselves said almost exactly that.

 

https://www.cnet.com/news/exclusive-apple-samsung-juror-speaks-out/

 

Absolute joke if you ask me,  he literally said they ignored the evidence becasue they had already decided Samsung were guilty.

 

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"It didn't dawn on us [that we agreed that Samsung had infringed] on the first day,"

 

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"Once you determine that Samsung violated the patents," Ilagan said, "it's easy to just go down those different [Samsung] products, because it was all the same. Like the trade dress -- once you determine Samsung violated the trade dress, the flat screen with the bezel...then you go down the products to see if it had a bezel.

 

Sounds to me like they decided on day one then just went through the list and ignored the evidence.  After there was something like 700 submissions to consider.

 

 

4 hours ago, hey_yo_ said:

I’m pretty sure the Galaxy S2 looks a lot like the iPhone 4/4s and that the first Galaxy Tab looks a lot like the first iPad. 

 

 

That’s why the Galaxy S3 is actually designed by lawyers 

 

 

 

I know 3 people (myself included) who owned smartphones with a home button and touch screen before the iphone came out.  Those images are definitely cherry picked.

Grammar and spelling is not indicative of intelligence/knowledge.  Not having the same opinion does not always mean lack of understanding.  

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Hmmmm...

 

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