US Supreme Court to tackle money owed in Apple v. Samsung patent fight

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Comments

  • Reply 21 of 35
    cintoscintos Posts: 107member
    rob53 said:
    adrayven said:
    Exactly.. they coped Sony into the ground when it came to AV (TV's, sound systems, etc).. Appliances they have copied crazy GE and LG.. This is far from the first market that Samsung has gone copy crazy.. just the first time they've been held accountable for it..
    The only way to make Samsung pay is to not buy their products. Yes, Apple still buys parts from them but Samsung makes a lot of money on TVs, washers and dryers, refrigerators, DVD players, and a host of other garbage. You have options to these products from other vendors so buy those instead of Samsung stuff. It upsets me that Costco and Best Buy (and a host of others) show Samsung products prominently. You know Samsung is paying for prime advertising and retail space. Boycott their products and they will ultimately lose. Keep buying them while complaining about the corrupt judicial and government system and they still win.

    disclaimer: I bought a crappy Samsung TV a few years ago. I can't change until it finally dies because I paid too much for it. Other than that, there isn't a Samsung device in my house.
    I agree with this approach.  I have not bought a Samsung product since this blatant copying began 5 years ago.
    brakken
  • Reply 22 of 35
    rob53 said:
    jannl said:
    Is Obama's judge already in place? ;-) I'm not fully up-to-date...
    No and I doubt it will happen until after the elections unless he chooses a conservative. Otherwise his choice will not be approved by Congress.
    No and I doubt it will happen BECAUSE REPUBLICAN SENATORS HAVE REFUSED TO PERFORM THEIR CONSTITUTIONAL DUTY until after the elections EVEN IF PRESIDENT OBAMA chooses THE GHOST OF RONALD REGAN. Otherwise his choice will not be approved by THE REPUBLICAN SENATE MAJORITY. There - fixed it for ya.
    singularitybrakken
  • Reply 23 of 35
    cintoscintos Posts: 107member

    The U.S. Supreme Court will hear a Samsung appeal in the legal battle over how much it owes Apple for infringing iPhone patents, it was revealed on Monday.


    When Apple bolts for the door and executes a "Tax Inversion", the media will cry "how can they abandoned a country that has fought so hard to protect its corporate citizens with patents and physical security."  yea, get real.  Apple will probably buy Sony next month and become a Japanese company, where foreign profits can be repatriated without taxation. Of the 34 countries in the OECD, there are only six that still try to squeeze profits form sales overseas.  The remainder are now reaping the benefits of encouraging exports. 
    http://taxfoundation.org/article/japan-disproves-fears-territorial-taxation
    Tax inversion will continue to be a pragmatic route of US based companies that make a majority of their profits overseas - Apple, just like Pfizer and American Standard did recently.
    brakken
  • Reply 24 of 35
    focherfocher Posts: 638member
    I will not be surprised to see the Supreme Court rule against Apple for this case. With the DOJ and FBI solidly against Apple, an honest review of this case will not be given. I expect a decision to be made and announced in less than 30 days. 
    Nope. That's not how reviews happen at the Supreme Court level.

    And just because they accept an application for review doesn't at all correlate to which position they will rule for. They could also rule that design and trade dress are protectable under laws and that obvious copying creates liability.
    singularity
  • Reply 25 of 35
    jbdragonjbdragon Posts: 2,034member
    rob53 said:
    adrayven said:
    Exactly.. they coped Sony into the ground when it came to AV (TV's, sound systems, etc).. Appliances they have copied crazy GE and LG.. This is far from the first market that Samsung has gone copy crazy.. just the first time they've been held accountable for it..
    The only way to make Samsung pay is to not buy their products. Yes, Apple still buys parts from them but Samsung makes a lot of money on TVs, washers and dryers, refrigerators, DVD players, and a host of other garbage. You have options to these products from other vendors so buy those instead of Samsung stuff. It upsets me that Costco and Best Buy (and a host of others) show Samsung products prominently. You know Samsung is paying for prime advertising and retail space. Boycott their products and they will ultimately lose. Keep buying them while complaining about the corrupt judicial and government system and they still win.

    disclaimer: I bought a crappy Samsung TV a few years ago. I can't change until it finally dies because I paid too much for it. Other than that, there isn't a Samsung device in my house.
    I avoid Samesung stuff like the Plague that it is!!!
    palomine
  • Reply 26 of 35
    gatorguygatorguy Posts: 20,280member
    The U.S. Supreme Court will hear a Samsung appeal in the legal battle over how much it owes Apple for infringing iPhone patents, it was revealed on Monday.


    The nation's highest court issued a written order saying they would review a lower court's ruling that Samsung must pay Apple millions of dollars for patent infringement, as noted by The Wall Street Journal. The decision is a win for Samsung, which had appealed to the Supreme Court in hopes of reducing its damages.

    Apple had hoped the Supreme Court would not review the case. In its own filings, it argued that the lower court had appropriately assessed fines against Samsung for its infringing products. The company went as far as calling the case "legally unexceptional."

    In question is a $548 million patent infringement settlement that Samsung was slapped with. Samsung formally appealed that decision in December of last year. The ongoing legal battle first began five years ago before the settlement was reached.

    For its part, Samsung has argued that modern devices like smartphones are not dependent on design for their functionality. According to Samsung, electronic devices "contain countless other features that give them remarkable functionality wholly unrelated to their design."
    This is not about how much money Samsung owes Apple. If it was the Supreme Court would not be hearing it. Instead it's about how damages from infringement of design patents should be tallied, not the dollar amount.

    As the law is currently being interpreted it's an all-or-nothing proposition. If guilty of even the tiniest infringing element, the shape of an icon for instance, the patent owner is entitled to every penny of profit realized from the sale of the offending product. That's entirely different than the way damages from standard (utility) patents damages are apportioned. As an example if Apple were found to infringe some wi-fi patent on the iPhone they might be ordered to pay some several million dollars, maybe even a $B if it was particularly valuable or egregious. But if they were found to be even inadvertently copying someone's protected news icon design then the patent holder would get every penny of profit Apple ever received from selling those iPhones. How much, $100 Billion or more? There's no wiggle room in the eyes of the Federal Court as it stands and that's ridiculous. 

    That's why the Supreme Court has agreed to look at it, and as I suggested they would months ago. 
    edited March 2016
  • Reply 27 of 35
    jony0jony0 Posts: 269member
    ceek74 said:
    The US Gov't currently hates Apple.  I wouldn't be surprised if Apple ends up owing Samsung for "creating a design which would knowingly be copied".

    Cute, the Cote doctrine that holds companies Apple responsible for any evil deeds people would do with their products.

    Amazingly impressive performance with an unexpectedly sudden efficiency of the US courts of late. In less than a month, they’ve managed to finally resolve 3 ongoing cases that lingered for 5 years in the court system. Well, the last one not yet decided … officially … but we all know the outcome. I only wonder if they held this one back until the eve of the encryption hearings or moved it forward just for good measure. Sarcasm essay alert ahead, for amusement purposes only, no wagering :

    Comey : Any Apple court cases in the system ?
      DoJ : Yes sir, Samsung is appealing a decision that awarded Apple 120 M$ and dismissed Samsung’s claims.
    Comey : Well then just reverse that, dismiss Apple’s claim and reenable Samsung’s. Anything else ?
      DoJ : Well there’s the ebooks appeal at SCOTUS.
    Comey : Tell them to drop it, SCOTUS shouldn’t waste time on business issues, anyway there’s a judge missing. Next ?
      DoJ : There’s another appeal at SCOTUS that …
    Comey : Drop it too of course.
      DoJ : But that one is also from the same copycat appealing a decision awarding Apple over 4 times the other amount.
    Comey : Oh, then SCOTUS should take that case of course.
      DoJ : But it’s also about business.
    Comey : If you want us to still push this encryption thing, you know what to do and so should SCOTUS.

    palomine
  • Reply 28 of 35
    dasanman69dasanman69 Posts: 12,976member
    linkman said:
    Samsung has made billions in profit by copying the iPhone in both hardware and software. They should owe Apple $54.8 billion but instead each new verdict and appeal are reducing amounts to zero.
    If it's that simple why hasn't HTC made billions? They have copied Apple's design even worse than Samsung ever did. 
  • Reply 29 of 35
    jony0jony0 Posts: 269member
    gatorguy said:
    This is not about how much money Samsung owes Apple. If it was the Supreme Court would not be hearing it. Instead it's about how damages from infringement of design patents should be tallied, not the dollar amount.
    In which case, and notwithstanding previous little rant, this would also rectify a situation that I believe Apple has been on the bad end family often with patent trolls. I remember vaguely that they were sued for the total amount of the phone as well for some minor wi-fi or 3G patent, I think it was Samsung or Motorola or maybe even Nokia. They even wanted to withdraw the license of the chip maker specifically for the sales to Apple or something of the sort. It's all a bit vague and I usually try to search for corroboration but I'm afraid I'm just too disgusted at the moment to bother. Precisions welcome.
  • Reply 30 of 35
    crowleycrowley Posts: 5,771member
    I never knew so many Americans held the Supreme Court in such contempt. Interesting.
    singularity
  • Reply 31 of 35
    singularitysingularity Posts: 1,329member
    crowley said:
    I never knew so many Americans held the Supreme Court in such contempt. Interesting.
    Only when it is considering something they disagree with.

    staticx57
  • Reply 32 of 35
    linkmanlinkman Posts: 893member
    linkman said:
    Samsung has made billions in profit by copying the iPhone in both hardware and software. They should owe Apple $54.8 billion but instead each new verdict and appeal are reducing amounts to zero.
    If it's that simple why hasn't HTC made billions? They have copied Apple's design even worse than Samsung ever did. 
    It's not always about having a superior product. A company can be poorly run. Marketing can influence buying decisions. People will buy what they want to spend their money on with seemingly little logic. Microsoft sold ridiculous numbers of DOS licenses even though it was a pretty sad operating system.
  • Reply 33 of 35
    dasanman69dasanman69 Posts: 12,976member
    linkman said:
    If it's that simple why hasn't HTC made billions? They have copied Apple's design even worse than Samsung ever did. 
    It's not always about having a superior product. A company can be poorly run. Marketing can influence buying decisions. People will buy what they want to spend their money on with seemingly little logic. Microsoft sold ridiculous numbers of DOS licenses even though it was a pretty sad operating system.
    So it obviously wasn't simply because they copied Apple. Yet it's been simplified to that which can be disproven of being a successful tactic. 
  • Reply 34 of 35
    brakkenbrakken Posts: 677member
    Obama prevented an import ban on Apple, so he isn't biased, but Samsung showed evidence of blatant copying, and they pay less and less with each appeal.

    Apple, I love that you are doing fablets and moving to TSMC. Never give ss another dime!
    Death to Samsung! Unless, of course, they can be made into slaves...
    edited March 2016 palomine
  • Reply 35 of 35
    birkobirko Posts: 60member
    Conspiracy theorists are far more abundant than I thought. The government is out to get you.

    Don't forget the tin-soil hats so that they can't read your thoughts.
    singularity
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