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Judge denies Apple bid to recover attorneys' fees from Samsung, releases $2.6M bond related to...

post #1 of 55
Thread Starter 
U.S. district Judge Lucy Koh handed down two orders on Wednesday dealing with the first Apple v. Samsung California court trial, one denying Apple's motion to recover $16 million in attorney fees from Samsung and another releasing a $2.6 million bond posted to block sales of the Galaxy Tab 10.1.




According to Judge Koh's ruling, Apple sought to recover from Samsung attorneys' fees related to trade dress claims argued as part of the first Apple v. Samsung jury trial in California.

During the proceedings, which ended in an Apple win, the Cupertino company asserted a total of four trade dress -- product design -- claims against Samsung, three dealing with the iPhone and one covering the iPad/iPad 2. The jury found 6 of 17 Samsung smartphones diluted Apple's iPhone properties, but did not reach the same conclusion for IP associated with the tablets.

In rundown of prior court actions, Judge Koh notes the jury found willfulness in Samsung's dilution of Apple's trade dress for the iPhone, which Apple presented during the trial as:
  • A rectangular product with four evenly rounded corners;
  • A flat, clear surface covering the front of the product;
  • A display screen under the clear surface;
  • Under the clear surface, substantial neutral (black or white) borders above and below the display screen and narrower neutral borders on either side of the screen;
  • When the device is on, a matrix of colorful square icons with evenly rounded corners within the display screen; and
  • When the device is on, a bottom dock of colorful square icons with evenly rounded corners set off from the other icons in the display, which does not change as other pages of the user interface are viewed.

Samsung, however, also presented evidence that the iPhone's design was utilitarian and in some ways based on function, leading the company to believe "its actions were not prohibited" by the Lanham Act, the main U.S. statute regarding trademarks and advertising.

Under the Lanham Act, Apple needed to prove that the case was "exceptional" to garner attorneys' fees, otherwise the decision would be left to Judge Koh.

In its discretion, based on the Court's evaluation of the totality of the circumstances, the Court concludes that this is not an exceptional case that "stands out from others with respect to the substantive strength of a party's litigating position." [...] Rather, Samsung raised several reasonable defenses to Apple's trade dress dilution claims, establishing that Samsung "might have reasonably thought that its proposed usage was not barred by the statute."


As for the $2.6 million bond, the order to release comes after both companies withdrew motions to enforce an injunction against the three-year-old Galaxy Tab 10.1 earlier this week. Apple posted the bond in 2012, though no action was taken due to the lengthy appeals process.

Wednesday's news comes after Apple and Samsung agreed to drop all non-U.S. patent disputes in early August, leaving the ongoing appeals from California in play.

Both of Judge Koh's orders are embedded below.

post #2 of 55
Judge Koh.

Boy oh boy, has that woman got some karma coming her way.
"If the young are not initiated into the village, they will burn it down just to feel its warmth."
- African proverb
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"If the young are not initiated into the village, they will burn it down just to feel its warmth."
- African proverb
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post #3 of 55
The case was "exceptional". No other company has cloned another's product so blatantly.
post #4 of 55

Coincidentally, $2.6 million dollars was deposited into Judge Koh's Swiss bank account this afternoon.

post #5 of 55

WT fornicate?

post #6 of 55
Our patent system is f***** up. This is a woman with her own singular, warped sense of what is right putting forward her own personal opinion over the years

It goes on and on and on. The patent system has failed Apple

Windows survivor - after a long, epic and painful struggle. Very long AAPL

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Windows survivor - after a long, epic and painful struggle. Very long AAPL

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post #7 of 55
Pitchforks and torches!

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #8 of 55
Well, I don't know about you guys but I'm going to out rioting and looting in the streets to show my displeasure...
Apple Products: So good that their ‘faulty' products outsell competitor’s faultless ones...
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Apple Products: So good that their ‘faulty' products outsell competitor’s faultless ones...
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post #9 of 55

I see .... So that was Microsoft and now Samsung and of course f****ng google!

 

....the lack of properly optimized apps is one of the reasons "why the experience on Android tablets is so crappy".

Tim Cook ~ The Wall Street Journal - February 7, 2014

Inside Google! 

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....the lack of properly optimized apps is one of the reasons "why the experience on Android tablets is so crappy".

Tim Cook ~ The Wall Street Journal - February 7, 2014

Inside Google! 

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post #10 of 55
Quote:
Originally Posted by jungmark View Post

The case was "exceptional". No other company has cloned another's product so blatantly.

I disagree. There has been tons of blatant copying.


"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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post #11 of 55
Quote:
Originally Posted by dasanman69 View Post

I disagree. There has been tons of blatant copying.



But down to the icons, screens, cables, packaging, etc?
post #12 of 55

Rulings like this are why people try hard to settle out of court. Problem is Samsung wouldn't agree to not copy Apple designs, so no agreement was possible... and Judge Koh just rewarded the copyist.

post #13 of 55
Originally Posted by jungmark View Post
But down to the icons, screens, cables, packaging, etc?


Oh, good. I get to post these again.

 

 
Originally Posted by Pharmkid02 View Post
she is Korean, what do you guys expect? 

 

You to know the difference between a Korean and a Korean-American.

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
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Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
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post #14 of 55
The best thing about Judge Koh? She's not Judge Denise Cote.

Proud AAPL stock owner.

 

GOA

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Proud AAPL stock owner.

 

GOA

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post #15 of 55
Quote:
Originally Posted by Pharmkid02 View Post
 

she is Korean, what do you guys expect? 

Please explain to the class what the eff her ethnicity has to do with anything?

post #16 of 55
Quote:
During the proceedings, which ended in an Apple win
 

 

So Apple ultimately won, but that woman judge denies Apple from even recovering attorney fees? It's not about the amount, sixteen million is mere pennies to Apple, it's about the principle, and the evil and criminal Samsung should be ordered to pay up, since they lost. Isn't that how court cases usually goes? The loser pays attorney fees.

 

What the hell kind of justice is that, and what the hell kind of a judge is she?

 

This is a total joke, a travesty of justice and I suspect that there is possibly some corruption and conflict of interest behind these outrageous and shameful decisions.

post #17 of 55
Quote:
Originally Posted by Pharmkid02 View Post
 

she is Korean, what do you guys expect? 

 

She's not actually from either North or South Korea. If you were racially White and born in the US, would you view yourself English or  European? If you were racially Black would you consider yourself African? Beyond that there's the false assumption that ethnicity aligns someone with a corporation based on the location of that company's headquarters, which is in itself another weird form of nationalism. I was tempted to give your post a snippy response, but I'm a patient enough guy to teach the few knuckleheads a little basic logic.

post #18 of 55

Although the Samsung look a lot like the iPhone it also looks a lot like the LG Prada that came a year before the iPhone in 2006. Just saying.

post #19 of 55
Quote:
Originally Posted by GTR View Post

Well, I don't know about you guys but I'm going to out rioting and looting in the streets to show my displeasure...

The problem is the only store I want to loot is the Apple Store.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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post #20 of 55
Quote:
Originally Posted by Connie View Post

Although the Samsung look a lot like the iPhone it also looks a lot like the LG Prada that came a year before the iPhone in 2006. Just saying.

Your just saying should be changed to just lying.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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post #21 of 55
Originally Posted by Connie View Post
the Samsung… …looks a lot like the LG Pradasaying.


Doesn’t really help their case. 😆

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply
post #22 of 55
Quote:
Originally Posted by SolipsismX View Post

The problem is the only store I want to loot is the Apple Store.

 

The lootering will be better in a month or so anyway.

Apple Products: So good that their ‘faulty' products outsell competitor’s faultless ones...
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Apple Products: So good that their ‘faulty' products outsell competitor’s faultless ones...
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post #23 of 55
Quote:
Originally Posted by Connie View Post
 

Although the Samsung look a lot like the iPhone it also looks a lot like the LG Prada that came a year before the iPhone in 2006. Just saying.

 

If the LG Prada is so similar to the iPhone where are all the rave reviews, the incredible sales figures, and why is LG not in the position that Apple is in now?

Apple Products: So good that their ‘faulty' products outsell competitor’s faultless ones...
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Apple Products: So good that their ‘faulty' products outsell competitor’s faultless ones...
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post #24 of 55
FFS, Judge Koh. Can't you see that you've singlehandedly given Samsung and any company a green light to rape and pillage IP - from anybody !

Jeez, what a travesty of justice. A complete mockery.
I micturate on your court ....

You brainless individual.
post #25 of 55
Quote:
Originally Posted by Tallest Skil View Post
 


Doesn’t really help their case. 😆

 

Quote:
Originally Posted by SolipsismX View Post


Your just saying should be changed to just lying.

post #26 of 55
Originally Posted by Connie View Post

[image]


Keep thinking that.

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
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post #27 of 55
Quote:
Originally Posted by Connie View Post

[image]

1) Oh, wow, you have an image. I guess that settles it until someone invents some sort of shop for photos¡ The technology that must be needed to stick a 4 digit year above a doctored is straight out of science-fiction¡

2) That middle image is from the official iPhone release. Note the hand and how it's the exact same one used for the Prada. Also note that device wasn't sold in 2006, didn't have multi-touch which means no pinch, zoom, or all the wonderful aspects of the iPhone HW and SW that made it a success and the LG Prada nothing.

3) Try doing some research, not jumping to some Android site to look at pictures.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply
post #28 of 55
Quote:
Originally Posted by Connie View Post
 

 

<An insanely stupid, crappy and deceptive image>

 

What a bunch of crap. A stupid, deceptive looking propaganda collage intended to fool ignorant people.

 

The iPhone is nothing like the LG Prada, which was a total joke of a phone and a complete failure.

 

And the iPhone goes way back, way before 2007.

 

In court documents from the Apple VS Samsung case, there was a prototype iPhone dated August 2005 that was nicknamed purple.

 

Anybody claiming that the iPhone is somehow derived from that miserable piece of junk known as the LG Prada is not all that bright.

post #29 of 55

Thing is, Samsung has been a lot more successful after it stopped copying Apple...

 

iphone vs galaxy

Shut up and go away, you useless, pathetic FUDmonger - Tallest Skil
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Shut up and go away, you useless, pathetic FUDmonger - Tallest Skil
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post #30 of 55
May be - but that's somewhat irrelevant to this thread.
Judge Koh has marginalised herself with this ruling.
I hope Tim takes this further .

All JudgeKoh had to was to bring a judgement that was fair and right.
She didn't do that and has now sent a signal that the American judicial system doesn't necessarily protect patent holders.
post #31 of 55
Quote:
Originally Posted by hentaiboy View Post

Thing is, Samsung has been a lot more successful after it stopped copying Apple...

[image]

That's unit sales, not profit. Samsung's guidance for this next quarter is low, if I recall correctly. They are saying that a drop in smartphone sales are to blame. Remember that the Galaxy line is mostly made up of cheap devices.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply
post #32 of 55
Now that Samsung has shown that any company with enough money and a good team of lawyers can steal, copy, and violate any patent it wants and get away with it, I guess we can expect to see Xiaomi do the same and enter the US market with guns a'blazing.

"You can't fall off the floor"   From 128k Mac to 8GB MBP

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"You can't fall off the floor"   From 128k Mac to 8GB MBP

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post #33 of 55

Maybe I am not all that bright.

post #34 of 55
Quote:
Originally Posted by RobM View Post

I micturate on your court ....

 

+1 for use of "micturate". I had to look it up. I never heard that word before.

post #35 of 55
Is it true that after this ruling Scamsung executives were seen to be dancing around, shouting "Huawei! Huawei! Huawei!"...?
post #36 of 55
Quote:
Originally Posted by SwissMac2 View Post

Is it true that after this ruling Scamsung executives were seen to be dancing around, shouting "Huawei! Huawei! Huawei!"...?
PMSL you owe me a new keyboard. 1biggrin.gif
post #37 of 55
Quote:
Originally Posted by GTR View Post

The lootering will be better in a month or so anyway.

Lootering? I think you just coined a new term lol.gif
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #38 of 55
Quote:
Originally Posted by jungmark View Post

But down to the icons, screens, cables, packaging, etc?
.

Lemme check to see if Oreo and Hydrox have similar icons, screens, and cables. 1wink.gif
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #39 of 55
Quote:
Originally Posted by dasanman69 View Post

Lootering? I think you just coined a new term lol.gif

Well, duh.

Of course I had.
Apple Products: So good that their ‘faulty' products outsell competitor’s faultless ones...
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Apple Products: So good that their ‘faulty' products outsell competitor’s faultless ones...
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post #40 of 55
Quote:
Originally Posted by Apple ][ View Post
 

So Apple ultimately won, but that woman judge denies Apple from even recovering attorney fees? It's not about the amount, sixteen million is mere pennies to Apple, it's about the principle, and the evil and criminal Samsung should be ordered to pay up, since they lost. Isn't that how court cases usually goes? The loser pays attorney fees.

 

 

Not in the U.S.   While 'loser pays' sounds fair in principle, with our inclination toward litigation here it could be a disaster.   Patent troll companies would now shift gears and form 'lawyer troll' companies.  They get a team of the top lawyers and go around suing anything and everything.

 

Your dog gets loose and poops in their yard.  They sue you.  The judge rules you are at fault, and since this is such a trivial stupid thing your only punishment is that you have to go clean the poop up.  However..... since 'loser pays' the legal fees, you also have to pay the legal fees of $618,381 that their legal team accrued.  Case obviously exaggerated to show the point.

 

There are special circumstances where you could recoup legal fees, but they are usually so rigidly defined any one 'miss' precludes you from them.

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