Fixed that for you.
"Apple should pull the plug on the iPhone."
"Apple should pull the plug on the iPhone."
I recall reading somewhere a post that said something like "It's like Samsung gets caught stealing $10Million dollars from a bank, paying a fine of $100,000 and getting to keep the rest of the money.".
That pretty much sums-up what Scamsung is doing.
Confirmed, thanks. I see that the jury originally deemed it willful infringement, but Judge Lucy Koh reversed the jury's finding 5 months later. According to Foss Patents, it was reversed because Samsung "had reasons to believe that what it was doing was legal." However, in my lay opinion, because this is a civil suit, not a criminal trial, it only needs to be more likely than not that Samsung infringed willfully. In other words, willful infringement can be ruled even if some (less than half) of the defendant's thoughts were that it was legal. How the judge figured the preponderance of the evidence was in Samsung's favor, I don't understand--particularly when her actions meant reversing a jury's decision that found it was willful.
It seems Judge Koh's decision on willful infringement relies completely on Samsung being a poor judge of what's patentable--Samsung thought (or at least said so after the fact! ) that Apple's patents would be invalidated. How is that an excuse under the law? Is it excusable just because every Android handset maker was involved in gang banging Apple for its revolutionary, patented technology? Of course, all of these companies couldn't be wrong, could they? Or were they all just desperate?
This wouldn't even be newsworthy were it not for the crowd frothing at the mouth about ~evil samsung~. The trial to determine whether they copied Apple is over, and the result is that they did. The legal system has decided that they broke the law, and there's no point in them saying otherwise because that's not what this is about.
This trial is about damages. Nothing more, nothing less.
I disagree. Samsung could have said the same thing they always say when the hammer falls on them. "We vehemently deny the allegations and will vigorously defend ourselves against them."
But no, they essentially just admitted "Yep, we did it... but...but...but..." and the apologists here are trying to make it out to be something else.
Can American Losers (Patent Judges) now issue a Ban on all New Future Samsung Products because of such act? Let them get reviewed first and if they are not found guilty after thorough review by US Companies, release them!
So by Default---> Ban Shamesung Products! US People should show a middle finger to that whole Country who needs US help in every other way from Military help to Money (by Cheating)!
Yes, a foolish risk on their part. One which will be revisited once the 'Rockstar' trial starts.
No, that's not what was said.
"This is a case not where we're disputing that the 13 phones contain some elements of Apple's property,
He didn't say the jury has decided & we will abide by their decision. He said there is no dispute that these phones contained some elements of Apple's property. I have no idea why you think you can spin that.
What are you, an IP lawyer?
Care to explain why "no"?
Why not look up the breakdown of it? How it sounds doesn't really matter. Each of those numbers is calculated from a number of factors. It shouldn't be difficult to comprehend.
Let me ask you this Gatorguy -- know that I believe you when you say you're not siding with Samsung -- but do you think that the massive success of subsequent Samsung touch-based smartphones (e.g., SG II, III, IV) might have had a lot to do with the initial, even if limited success, of the '.....13 phones that contain some elements of Apple's property'?
If the answer is 'yes,' what has that been worth to Samsung's shareholders?
Can you suggest a reading -- given your statement that it is quite obvious, I am sure you should have no trouble -- that explains it all?
This isn't a trial to determine guilt or innocence. Samsung is guilty. Period.
The jury's job is to determine the amount of damages owed and that's it. The original jury came up with an amount that was calculated incorrectly. This was caught after the jury had long gone home. The judge can't just simply 'tweak' the amount to fix it- so they had to vacate the portion of the original settlement that was done incorrectly and the new jurors' task is simply to calculate that amount using the correct method.
Samsung is going to pay Apple a big chunk of dough. That is a given. Samsung's lawyers don't want the jury discussing innocence or guilt- because that can lead to passion which can lead to higher damages. They're just defusing the whole need for an argument by saying, yep we're guilty and we're not disputing the verdict that can't be changed in this trial anyway. From the subset of phones found to infringe we profited 52 million and that huge sum is what we owe Apple.
Apple's lawyers want as much passion as possible in the trial and to make the focus on things like 'theft', 'crime', and 'making Apple whole again' They want 370ish million instead.
Samsung will pay Apple somewhere between those two numbers. This particular trial isn't about guilt or innocence, it is about lawyers arguing over money.
Let's see what happens.
There is always some basis of valuation. Note that the amount being re-evaluated relates to a mistake on the part of the jury. Part of the original problem was the ambiguity. Note the link. The original trial had a matrix of claims. It wasn't just all patents against every device. I am unsure how the jury ended up with such ridiculous forms to determine infringement and damages.