24
Aug
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Breaking live from TheVerge, who are in the courtroom, we're hearing that the jury in Apple v. Samsung has rendered a verdict. Now, this is complicated - there were around 700 questions for the jury to answer on the instructions they were provided, so there are a lot of issues to go through here.

Apple's Claims

  • Samsung has been found to infringe on many of the accused devices for all three of Apple's asserted software patents. These patents can result in injunctive relief (decided at a later date), but are relatively small in terms of monetary implications. These include things like Apple's patents for scroll bounce back.
  • Samsung has been found to infringe on the D'677 iPhone front fascia design patent on almost all devices (except on the Samsung Ace), as well as the D'087 for a few devices - Samsung escaped on most devices here. On D'305, the jury found basically Samsung infringed on all devices, and this is the one that was for the arrangement of the iPhone home screen. These design patents can not only allow for injunctive relief, but for Apple to recover Samsung's profits from the infringing devices.
  • Samsung was not found to infringe on Apple's iPad design patent on any devices, nor its iPad trade dress.
  • Samsung was found to willfully infringe on D'677 (the iPhone design patent) and all its software patents - allowing Apple up to triple damages for its claims. That's a big one.
  • Patent Invalidity: None of Apple's patents were found to be invalid.
  • Apple was able to prove only that the iPhone 3G's trade dress is protectable. This is a bit of a blow.
  • Apple has proven registered iPhone and and unregistered iPhone 3G trade dress were diluted by a number of Samsung phones. This is very big - another area where that billions of dollars in damages can come into play.
  • Damages: $1.05 billion to Apple.
  • Antitrust claims: Samsung did not breach any standards-setting obligations.

Update: The jury was asked to reconsider Question 4 of the verdict form. After deliberating, the jury's answer was changed to "no" for the Intercept and one other device, and the damages amount officially changed to $1,049,343,540.

Samsung's Claims

  • Apple has been found to infringe none of Samsung's asserted patents.
  • None of Samsung's patents have been proven invalid.
  • Samsung is barred as a matter of law from asserting two of its patents against Apple because of "patent exhaustion."
  • Damages: $0 to Samsung.

In terms of the appellate process, there is only so much both parties can appeal. You can't simply ask the appellate court to review a verdict - the court of appeals' job is to asses matters of law - not fact. Patent infringement, for example, is a finding of fact. Samsung and Apple can dispute findings like whether something fell within the scope of patentable subject matter, legal issues surrounding computation of damages, and abuse of judicial discretion (evidence barred from use in trial), but you can't simply tell the court to re-decide the verdict. That means that unless something is found (eg, an invalid patent, or invalid trademark) as a matter of law that would actually affect the conclusion the jury reaches, the verdict will stand.

Also, don't forget - Apple has won on multiple counts that can still, on their own, result in the same financial or legal repercussions for Samsung, even if some allegations later fail as a result of an appellate decision.

In the 9th Circuit (of which California is a part), the rate of overturning decisions made by district courts in civil matters is a little over 10%. Those aren't great odds.

David Ruddock
David's phone is an HTC One. He is an avid writer, and enjoys playing devil's advocate in editorials, imparting a legal perspective on tech news, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • tom92839

    Jurors with no common sense. Way to go.

  • http://twitter.com/rohanXm Rohan Mathur

    Essentially, Samsung is getting royally fucked in the ass by Apple. I'm estimating 2 billion in damages charges.

  • IncCo

    Appeal anyone?

  • IronBlood

    I wish the Jury would have just said the damn patents are invalid and no one has a right to sue over them.

    • Bariman43

      Nah, then that would make the trial fair.

  • Bariman43

    So now we know it's possible to sue your competition into submission. RIP tech industry.

  • blue horseshoe loves…

    yikes

  • Kelvin Davis

    I just stopped looking. Sammy original devices and aims for Apple-esque probably helped do them in. The patents are stupid, yes, but Sammy still violated them. :

    • http://twitter.com/strifejester Justin Ellenbecker

      Touch Wiz was the major thing at stake here the good news is that we might see more stock phones since I don't think even apple has the balls to go after Google for the entire UI of stock Android.

  • Zaeem Shahzad

    UGH! Apple needs to die! First, they got off on the Motorolla case. Now, they've won the Samsung case.

    Somebody NEEDS to do something!!!!!!!!

  • CJ Walker

    1 billion, 51 million 855 thousand dollars

  • kurt hinds

    American justice sucks!

  • Gman12

    This is the definition of stupidity.

  • topgun966

    O yea Apple surely didn't pay off this jury/judge. Not at all. What a fricking joke this is.

  • Kellic

    I think I'm going to go to the Mall of America this weekend and spit on Apple's storefront window. Anyone else up to it?

    • dancedroid

      i'll be in mpls next weekend, can you postpone until then?

      • http://twitter.com/strifejester Justin Ellenbecker

        Sounds like a good trip to make

    • http://www.facebook.com/k.vignesh.krish Vignesh Krish

      Don't do that. You'll get sued for that too.

  • pow

    apple can EAD

  • Reality

    patented design ... rounded rectangular, sweet mother of god that's the big one ... Apple is so going down ....

    • http://www.facebook.com/vivecuervo7 Isaac Dedini

      Apple should start suing any company that makes drawing software that allows you to draw a rounded rectangle. mother*****s

  • CJ Walker

    my fingers are rounded

    how much do I owe apple?

  • Bala

    Hope in humanity lost

  • http://twitter.com/KickingLettuce Kicking Lettuce

    I know it's a bad business decision but I wish Samsung will stop making products for Apple's such as retina displays and processors.

    • DCMAKER

      just take on 3 times the price for those products that they sell them so they can get their lawsuit fees back

  • Perry Ahern

    I can't believe they upheld such stupid patents. How did Apple manage to slip in such a stacked jury? A decision on this many detailed points this quickly just doesn't make sense.

    Here's hoping that the Google/Moto lawsuit goes better.

    Disappointed doesn't even begin to describe how I feel about this stupidity.

    • topgun966

      Agreed

    • http://www.facebook.com/people/Kathryn-Matheny/1345134650 Kathryn Matheny

      The jury was from silicon valley !

  • http://twitter.com/homncruse Aaron Burke

    Okay, this is absolutely bogus. While I've never had any hesitation in admitting that Samsung is most likely guilty of riding on Apple's visuals, the results are in: Samsung is guilty on nearly all counts, Apple is *100% not guilty*, and to make matters even more bogus, not a single one of Apple's "patents" were found to be invalid. That's right, everyone - Apple's patents on how you can make a rectangle look (among other bogus patents that shouldn't have been granted in the first place) has been reverified.

  • Kellic

    Look. OK when google warns you that you might consider changing the look of your device. Apple may have some legit complaints. 1 billion? Hell no. But my bigger complaint is that the patents are the most asinine of all possible patents. Seriously. Most of what they patent is shit that I did back in either the 90's on my PC or 2k's on my iPaq Pocket PC. Or crap that is the most insane of concepts possible. App drawer?!? FUCKING REALLY??!? Sliding your finger across a screen? Well yah. Of course. That is like a we built fire for the first time moment right there. THIS....SHIT....NEEDS....TO....BE.... INVALIDATED. Period. Seriously going to the Apple store at the MoA this weekend and hock a hock a loogie on their storefront window.

    • http://twitter.com/strifejester Justin Ellenbecker

      Someone get me my Sony Clie it had a color touch UI and all icons were square with rounded corners

  • http://twitter.com/sicklysuite NauseousYouthFuture

    This is boosh... apple has been bullying and stealing other companies tech for a long time. The original iPods stole tech directly from Creative Labs... the list goes on and on. Just another reason to never buy another iOS device... ever.

  • http://www.facebook.com/RecitaleTheFallenOne Tony Willis

    THEY WERE PAID PLEASE INVESTIGATE!!!!! THEY WERE PAID

    • DCMAKER

      like that one expert that was paid 2.5 mil or whatever lol

  • DCMAKER

    Sooo ummmm....why wasn't the case thrown out??? Every lawsuit Apple has done I have heard you guy's talk how they forge evidence and manipulate evidence. How did the judge or jurors not thrown it out on principle allow...If you have to forge evident to defend your product it should be thrown out first thing....seriously WTF

    On a side note...their lawyers must suck balls. Everyone on here has talked about touch screen, TVs, prada phone, palm OS, and everything else of prior art that apple has stolen....was none of this ever talked about? Because if it was then we truly have a bought jury or a bunch of fucktards

  • http://www.facebook.com/profile.php?id=1645382940 Красимир Стефанов

    All faith in humanity has been lost...

  • Eric G

    Strange, when I had a Palm and the iPhone appeared I thought Palm combined the Tx and Treo 680. See, http://geardiary.com/wp-content/uploads/2006/12/gear_diary_palm_is_life_treo_680_16.jpg

  • http://www.facebook.com/profile.php?id=1645382940 Красимир Стефанов

    It's ridiculous on what "patents" (big "inventions", as some call them) apple sues everyone!
    The way I see it, you should be able to patent (for example) new process for manufacturing graphene semiconductors or realtime holographic display etc... THIS is "invention" and should be patented, not some "rounded rectangle" or "rectangle with icons in it".
    The US patent system is very, very broken. If someone claims the opposite, then almost for sure he is patent lawyer...
    The sad thing is that US is used as (some sick kind of) a "role model" for a lot of other countries...

  • http://twitter.com/MrYuzhai *Certified_geek™

    fuck apple.