26
Aug
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The reading of Friday's verdict was no doubt an intense moment for just about everyone interested in the mobile tech world. Apple swept up decisions for $1.049 Billion in damages, Samsung was denied its claims against Apple across the board by the nine-person California jury, and both sides immediately released impassioned responses to the decision, calling on the feelings of spectators and case-long mantras that kept onlookers from both sides in rapt attention.

Google, which has stayed mum throughout most of the Apple v Samsung proceedings, spoke up today. The Mountain View giant released a statement significantly more even-handed than that of either Samsung or Apple, though from Google's perspective, the decision is (rightly) perceived as an entirely non-cataclysmic event.

The statement injects a much-needed dose of rationale into the discussion, offering comforting words to those fretting over the verdict and the state of the US Patent Office in general.

The court of appeals will review both infringement and the validity of the patent claims. Most of these don't relate to the core Android operating system, and several are being re-examined by the US Patent Office. The mobile industry is moving fast and all players — including newcomers — are building upon ideas that have been around for decades. We work with our partners to give consumers innovative and affordable products, and we don't want anything to limit that.

While still implicitly relaying the idea that perhaps the patents in question aren't so totally valid after all, the tone of the statement is calm, factual, and even somewhat optimistic.

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Meanwhile, a new internal memo from Samsung regarding the verdict was published at Samsung Tomorrow earlier this evening. The memo is filled not only with bristled words, but with confidence that the battle will continue, and that consumers – and the market – will make the final decision, bearing out a preference Samsung believes each group carries for "those who prioritize innovation over litigation."

On Friday, August 24, 2012, the jury verdict in our trial against Apple was announced at the US District Court for the Northern District of California. The following is an internal memo that reflects Samsung's position regarding the verdict:

We initially proposed to negotiate with Apple instead of going to court, as they had been one of our most important customers. However, Apple pressed on with a lawsuit, and we have had little choice but to counter-sue, so that we can protect our company.

Certainly, we are very disappointed by the verdict at the US District Court for the Northern District of California (NDCA), and it is regrettable that the verdict has caused concern amongst our employees, as well as our loyal customers.

However, the judge’s final ruling remains, along with a number of other procedures. We will continue to do our utmost until our arguments have been accepted.

The NDCA verdict starkly contrasts decisions made by courts in a number of other countries, such as the United Kingdom, the Netherlands, Germany, and Korea, which have previously ruled that we did not copy Apple’s designs. These courts also recognized our arguments concerning our standards patents.

History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.

We trust that the consumers and the market will side with those who prioritize innovation over litigation, and we will prove this beyond doubt.

In implicit – yet so clear – language, the memo attempts to point out a sharp contrast between Samsung's behavior and that which the manufacturer, and others, feel drove Apple's decision to continue litigation.

There's still a long way to go before this battle can hope to come to some conclusion, but of course we'll keep you up to date on all the important details as things continue to play out.

Source: Samsung Tomorrow, The Verge

Liam Spradlin
Liam loves Android, design, user experience, and travel. He doesn't love ill-proportioned letter forms, advertisements made entirely of stock photography, and writing biographical snippets.

  • kennedy myril

    It surely isn't over.

  • http://profiles.google.com/nigelnaughton nigel naughton

    Thank you for this update.

  • jay

    So true...Apple sues everyone every chance they get...just build a better product,if they can, instead of dragging people to court...

    • http://kennydude.me/ Joe Simpson

      That was what Apple were doing when they weren't a giant company. I hope they crash and burn

      • Matthew Fry

        That does seem to be the cycle, unfortunately. Innovate, wowing the consumers with actual quality, get popular and big, stagnate, die slowly while trying to pull down new innovators.

    • ThKal

      Everybody is suing everyone every chance they get. (Apple has also been sued by a number of companies.) The difference is that Apple has built revolutionary products at least four times: the Macintosh, the iPod, the iPhone and the iPad. The others are just following Apple.

  • Dima Aryeh

    I know both companies are just greedy jerks, but Samsung feels a bit innocent at times... not sure why. But I can sympathize.

    • mesmorino

      It's not so much that Samsung is innocent or pure or whatever, it's more that Apple is being unnecessarily assholish

  • Mārtiņš Belte

    Seeing that Apple is acting like an asshole, I don't want it to win this war no matter how truthful its claims are.

    • ThKal

      Last time Apple lost (against Microsoft for copying Mac OS in Windows), Microsoft ended up killing all other OSes except Mac OS (which barely survived) and the Windows monopoly ended up stagnating UI evolution until the iPhone with multitouch came along. It will be better if Apple's win slows Android down and helps others like Windows Phone survive.

      • DCMAKER

        windows phones doesn't go anywhere because microsoft doesn't want to bother with the mobile market when it comes to cell phones. Also touch screens have been around forever and are not that great. I would love to see someone get more work done on a touch screen compared to a mouse and keyboard....not happening because it is a horrible interface for productivity.

      • http://www.facebook.com/people/Chris-Marshall/1393515108 Chris Marshall

        Obviously you never heard of Linux, and Ubuntu, or Sun. Also which Mac OS are you talking about? Because, if you are talking OS 9 (the only OS Apple ever made) there would be no way, even a drunken pirate who was anally inbred by cocaine addicted ninjas would have made an OS off of that because of its severe bugs, its fugliness, and its downright boring interface when it worked.

        If you are talking OS X+ MS, didnt copy that at all because OS X was a clone and Apple port of Ubuntu BSD made by Ubuntu because apple failed miserably with OS 9. MS is not Unix or Linux based at all. Please go check your facts next time, fanboy, before you come on here posting like an idiot.

        "Better to remain silent and be thought of as a fool, then to open your mouth and remove all doubt."

  • Peeed Off

    As can be seen from this post, this could be the Best billion dollar ad-campaign Samsung ever had.

    Guy: "Wait, so what they're saying is, Samsung is the same as Apple?"
    Friend: "I know, right? Makes me think twice about how much I paid for my Mac Book"
    Guy: "Seriously"
    https://plus.google.com/u/0/114476892281222708332/posts/246srfbqg6G

    • http://www.facebook.com/lucyparanormal Daniel Tiberius

      Thanks for that bottom link. Looks like that jury had no idea what was going on.

  • benzo

    monopoly should be left a board game

    • i lost

      Hehe well said :D

  • mesmorino

    The "9 person California jury" was probably not a good idea. I'm just sayin', if It was a 9 person South Korean jury, things might have turned out differently. Or least less damaging.

    • ThKal

      Even the South Korean jury found Samsung guilty (but being Koreans they also found Apple guilty to save face...)

      • http://www.facebook.com/troop.threeninetwo Troop Threeninetwo

        They found apple guilty because they do the same damn thing samsung does....take an idea and try to improve upon it!

      • http://www.facebook.com/lucyparanormal Daniel Tiberius

        I thought I read that Samsung won in Korea?

  • llll

    I'm glad Steve Jobs is dead.

    • ThKal

      And if he had died a few years ago, before the iPhone was developed, now it would be RIM celebrating its victory over Samsung!

      • DCMAKER

        hardly phones were already moving towards full touch screens....apple is holding us back

        • ThKal

          How can you say that when once more Apple showed everyone how to do it with the original iPhone?

          • DCMAKER

            touch screen phones were before the iphone....prada phone was touch screen and so were many others

          • ThKal

            And did Prada have multitouch, a real web browser, accelerometer, OS updates and all the other things that the iPhone had and that made everyone talk about the iPhone for years?

          • DCMAKER

            wow done wasting my time with you....not worth it. Totally only see one side of the picture here...missing the big picture

          • http://www.facebook.com/people/Chris-Marshall/1393515108 Chris Marshall

            so apple borrows software, and hardware from everyone else and you credit them with their product as an Invention. its not an invention its a innovation at best, at BEST. They get their ideas from stealing others, and then sue them by having patents for things that are essential and common sense.

  • ThKal

    I thought technology moves ahead by fierce competition. Remember how fast PC technology moved in the 80s and early 90s before everyone started making PC clones with Windows?

    • DCMAKER

      and there is no competition now? computers have been getting better at a great pace....the amount of money intel uses to drive research is huge and same with every other company

      • ThKal

        They are getting faster, but the way we interact with them has remained the same for years. Before we went from punchcards to CLIs and then GUIs but we stopped there for years. If Microsoft didn't have a monopoly for so long maybe we would be using far different user interfaces now.

        • DCMAKER

          doubtful there are about the best you can get. we also have speak BTW made by nauce. Microsoft has nothing to do with interface. the mouse was made by...i forget but anyways Microsoft isn't the limitation...it is ways we can input. People have been researching ways to make our brains controll a computer for decades, which has nothing to do with microsoft so your point is invalid. Microsoft would jump on a new UI if there was one but the technology for brain control is not out there because out knowledge of the brain is still extremely limited. also so for brain controlled stuff you have to drill and make implants to make it work. It has been done for a long time but is it risky to drill into people's brains. The reason why you have to drill is because the signals are not strong enough if you dont have an implant or partial implant. Again all this has nothing to do with google microsoft or apple. your point is pointless. :)

          • ThKal

            There is already a new UI (multitouch) but it was developed in phones first because Microsoft has a monopoly on the desktop. Even Linux which is free cannot make headway on the desktop because of Microsoft's domination. If no company had more than 40% of the market it would be much easier for new players with new ideas to enter it. That's why I hope neither Android nor iOS gets a really big marketshare.

          • DCMAKER

            again Microsoft never really got into touch screen because it sucks. it is really only good for drawing and writing....for productivity it is useless