Samsung to challenge $120M damages award in Apple patent suit
South Korean electronics giant Samsung will reportedly challenge the $120 million in damages awarded to Apple as part of the companies' most recent courtroom battle, with Samsung's lead attorney saying the verdict was "unsupported by evidence."
"Of course we're pleased that the jury awarded Apple 6 percent of what they were asking for," Samsung attorney John Quinn said in a statement obtained by Bloomberg. "But even that can't stand, because Apple kept out all the real world evidence and didn't produce anything to substitute for it, so you have a verdict that's unsupported by evidence -- and that's just one of its problems."
Apple had asked the court for more than $2 billion after alleging Samsung infringed on five patents --?including swipe-to-text, universal search, and data detectors -- while a Samsung counterargument sought just over $6 million for two patents of its own. A jury found both parties guilty of infringement but ordered Samsung to pay just $119.6 million and Apple to deliver only $158,000 to its rival.
Following what was described as a "clerical error" that left Samsung unpenalized for at least one infringing handset, the jury subsequently revised individual payouts but left the total award unchanged.
Appealing the verdict would be a sound financial decision for Samsung, according to Villanova University law professor Michael Risch. "At this stage an appeal is cheap, even if the total can be reduced by $10-$20 million," Risch said.
Samsung has already lost more than $900 million to Apple after falling in two previous lawsuits. An unsuccessful appeal of this most recent skirmish would push Samsung's total losses to the iPhone maker over the billion dollar mark.
"Of course we're pleased that the jury awarded Apple 6 percent of what they were asking for," Samsung attorney John Quinn said in a statement obtained by Bloomberg. "But even that can't stand, because Apple kept out all the real world evidence and didn't produce anything to substitute for it, so you have a verdict that's unsupported by evidence -- and that's just one of its problems."
Apple had asked the court for more than $2 billion after alleging Samsung infringed on five patents --?including swipe-to-text, universal search, and data detectors -- while a Samsung counterargument sought just over $6 million for two patents of its own. A jury found both parties guilty of infringement but ordered Samsung to pay just $119.6 million and Apple to deliver only $158,000 to its rival.
Following what was described as a "clerical error" that left Samsung unpenalized for at least one infringing handset, the jury subsequently revised individual payouts but left the total award unchanged.
Appealing the verdict would be a sound financial decision for Samsung, according to Villanova University law professor Michael Risch. "At this stage an appeal is cheap, even if the total can be reduced by $10-$20 million," Risch said.
Samsung has already lost more than $900 million to Apple after falling in two previous lawsuits. An unsuccessful appeal of this most recent skirmish would push Samsung's total losses to the iPhone maker over the billion dollar mark.
Comments
Step 2: Lose
Step 3: Appeal the verdict....even though the damages were ~5% of the original amount
http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war.print
Any Samsung fans should have a good read about the company that makes their choice of smartphone/tablet.
(Thanks to Sol for passing this on.
EDIT: AND EricTheHalfBee for posting this yesterday!)
@GTR - that is such a great article.
Ugh John Quinn, the jury only awarded you 2.6% of what you were "asking for". Are you please the jury awarded you half of what they did Apple? Still want to try and spin your loss..
Here's an interesting article on Samsung and how they work:
http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war.print
Any Samsung fans should have a good read about the company that makes their choice of smartphone/tablet.
(Thanks to Sol for passing this on to me)
It's just a shame that not every one has the wherewithal to stand up to Samsung.
http://www.theverge.com/2014/2/17/5418616/samsung-sues-dyson-following-intolerable-copycat-claims
In this case, I guess Dyson realised they had to drop the suit or face mounting legal fees.
Here's their statement.
As the Vanity Fair article has shown, the tactic has worked well for Samsung - and until one of the judges handling the appeal agrees to an embargo or ban of their products, they will continue to produce new models, make more money all the while holding up the damages in appeals and appeals.
Here's an interesting article on Samsung and how they work:
http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war.print
Any Samsung fans should have a good read about the company that makes their choice of smartphone/tablet.
(Thanks to Sol for passing this on to me)
Having read that article, I've resolved not to buy a single Samsung branded product ever again (not much I can do about components). Talk about corrupt!
I am very glad none of the TVs in my house are Samsung (Sharp, Toshiba and Sony here). When the time comes to replace the fridge I certainly won't be getting a Samsung again either.
Here's an interesting article on Samsung and how they work:
http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war.print
Any Samsung fans should have a good read about the company that makes their choice of smartphone/tablet.
(Thanks to Sol for passing this on to me)
I didn't look but I hope Sol put this link into the thread where someone more or less said he was crazy for thinking that this showdown cost anything near $120 million. The attached article says close to a billion.
It's just a shame that not every one has the wherewithal to stand up to Samsung.
http://www.theverge.com/2014/2/17/5418616/samsung-sues-dyson-following-intolerable-copycat-claims
In this case, I guess Dyson realised they had to drop the suit or face mounting legal fees.
Here's their statement.
As the Vanity Fair article has shown, the tactic has worked well for Samsung - and until one of the judges handling the appeal agrees to an embargo or ban of their products, they will continue to produce new models, make more money all the while holding up the damages in appeals and appeals.
Oh boy - queue the DED article.....1.2.3.4....
PAYMENT IS DUE IMMEDIATELY, SAMSUNG!
Yes it is good, which is why it linked it yesterday.
The really pathetic part of this article is the writer didn't list ALL the things Samsung has been caught doing, just the main ones.
There weren't enough pages to list all of them...
I wish Samsung would just go away already and stick to making TVs and refrigerators. They're getting tiresome now.
Getting? I think they passed that stage a long time ago.
For the record, when we bought a new washer and dryer, I specifically excluded Samsung from the list even though their models topped most reviews. Their behavior towards Apple (stealing their designs and their mocking commercials topping the list) demonstrates a level of unethical behavior that I'm just not willing to support in any way. A refrigerator is probably next, and it won't be Samsung either.
Getting? I think they passed that stage a long time ago.
For the record, when we bought a new washer and dryer, I specifically excluded Samsung from the list even though their models topped most reviews. Their behavior towards Apple (stealing their designs and their mocking commercials topping the list) demonstrates a level of unethical behavior that I'm just not willing to support in any way. A refrigerator is probably next, and it won't be Samsung either.
I'm generally a tolerant man, but my patience has rather run out.
Actually, when it came to replacing the washer last year, it was a choice between a high end Samsung and a high end LG. I chose the LG, despite the shorter warranty. I now feel good about myself
Also the LG has an induction motor (rather than one with brushes) so it's incredibly quiet - the only one I'm aware of on the market. No doubt another idea for Samsung to pinch...