21
Nov
gavel2

The San Jose Mercury is reporting that as part of a retrial in the infamous Samsung v. Apple lawsuit in California, a jury has awarded Apple a revised damages figure of $290 million after Judge Koh found the original jury made errors in its calculations, resulting in the vacating of $450 million of the original $1 billion-plus verdict. With the new figure, the total is still sky-high at just a hair under $900 million.

The new jury used (presumably) the correct theories to calculate this new award, and the result, while lower than the initial figure of $450 million, is a decided win for Apple. Apple's demand during the retrial was for $380 million, whereas Samsung insisted it should only be responsible for $52 million based on the finding of infringement which it was required to accept as valid for the purpose of this retrial.

This particular case has been mired in controversy from day one, with juror issues, willful infringement claims, and loss after loss for Samsung in court. While the Korean electronics giant attempted the rather common strategy of countersuing Apple for infringement of its own patents, those arguments failed to hold any water at trial, and Samsung was awarded precisely $0 by the jury. The entire struggle is now stretching into over a year of legal proceedings, and I wouldn't count on them winding down any time soon. Samsung and Apple both still have appeals to file at the circuit court level, and that process could take anywhere from another 6 months to a year or more, depending on the complexity of the issues raised and whether or not any are remanded back to the trial court.

That's to say nothing of Apple v. Samsung "round 2," which is scheduled to hit Lucy Koh's docket in March 2014.

San Jose Mercury News

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.

  • Brad

    Just toss it all out already...

  • TeeJay1100

    Just get it over with PLEASE!!!

  • smith

    we hate apple

  • Mayoo

    An insult to the technology era. Bring on improvements, try to beat your competitor, not to sink them.

  • Zak McKracken

    Stop supplying this retarded fruit company with the components to build their phones that allow them to sue your stupid ass.

    • Frettfreak

      while i would LOVE to see this move, it just doesnt make any sense. Apple WILL get someone else, and samsung would lose a pretty large client for their semi-conductor business.

      • Zak McKracken

        We see what happens when they go somewhere else. They try and try to get away but in the end they always come running back to Samsung. Or they make people believe they are looking at their screens wrong.

        • mustbepbs

          Pride doesn't pay. Samsung doesn't care who the money comes from, and Apple needs a lot.

        • Danny Davis

          14% OS share. That doesn't mean they don't sell millions of phone. Anyone would salivate to get Apple's contract. What idiot would pass on a company that sell/ship 9 millions phones in three days?

          • Your Mother

            but most companies cant meet their demands and cant match Samsung for quality.

      • Nick V

        And we are seeing what happens when Apple does that. Look at the issues they are having with their iPad Mini Retina Display. There are reports of burn in happening to the device. This screen came from Sharp, I believe.

    • Stylus_XL

      Samsung would be foolish to cut off their nose to spite their face. Supplying iPhone parts is very lucrative, so business is business.

      • Matthew Fry

        Agreed. I'd still be pretty pissed earning back what they stole.

    • Robert Mahon

      The penalties for breaking contracts would be monstrous. Of course, there'd be zero iPhones rolling off the production lines whilst all this is sorted out, and perhaps the world's press would wake up and realise that the only reason Apple can make iPhones is because of Samsung. With the right spin, that might be worth the fine and a monstrous club to wield over Apple. Something like;
      "It's with regret we have to stop supplying Apple, but we've found it hard to both allow them to make their phones using our parts, whilst also saying we steal their technology. Samsung has been making phones for 20 years before the iPhone was revealed and our technology is used to assist our customers make fantastic technology, but we can't continue to be sued and pay heavy fines to our customers who then turn around and litigate rather than innovate. Once Apple admits to the facts of this case, and that they came to us on how to make their phone, then we'll be more than happy to assist them in making a great product. Until then, we'll use those components in our own great phones that "

      Stock price of AAPL would be in the sewer overnight once iphones/ipads/mac books stopped rolling out of the warehouse. Hey! Samsung could short the stock, stop selling them components, buy them at the end of the days trading for a few cents a share, end all these lawsuits overnight AND make a profit!

  • sguyx

    oh i wonder why apple got 900 mil in usa and samsung got 0. LOL

    • Frettfreak

      same reason the ban that was supposed to happen on apple products was veto'd.... tim cook and obama are obviously sleeping together.

      • Casin

        I don't know if they're sleeping together, but Obama's signing statement about American competitiveness does indicate he's in bed with US corporations.

        • jason

          apple a us corporations lol the made at foxconn apple sweatshop Shenzhen, China

        • TylerChappell

          And Obama has mentioned in numerous speeches about how he wants to protect Apple from companies that make knockoff products etc. Ugh. #thxObama. Bastard thinks he knows anything about technology just because of how heavily he uses social media.

  • Emulators + Android = Win

    Hooray to the death to innovation and variety in the smartphone market and lets start worshiping our all so powerful dictator apple.inc.

  • Matthew Fry

    Buy some Apple stock, Samsung's net worth goes down $900M, Apple's goes up $900M, sell Apple stock. Buy Samsung stock, Samsung's net worth goes up $900M, Apple's goes down $900M, rinse, repeat.

  • gjsjass

    This is the only way Apple ca make money these days, but this too shall pass and it will reverse itself as Apple starts getting sued.

  • FritoDorito

    I don't necessarily agree with the philosophy that something as small as the shape of a device can be patented, and Apple's sue-happy behavior irritates me greatly, but Samsung full-on deserved this. The Galaxy S wasn't copying just a concept or a general idea, Samsung replicated DETAILS. Samsung went out of their way to add in small details in order to look similar to Apple. Rounded backplates on icons, that 4 icon dock with a flat solid rectangular background. Stock Android had none of that. The hardware itself took tons of tiny visual elements from the iPhone. The large chrome trim, the iconic physical home button, the black glossy backplate, the earpiece, even the shape is too similar to the iPhone to be an accident. Making a full touchscreen phone because the iPhone was a success is one thing; completely copying the iPhone down to the tiny DETAILS is another. And don't say it was a "natural progression" of hardware, or that there was only one way to make a phone. Look at the other Android flagships from 2009. The HTC EVO and the Motorola DROIDs didn't look anywhere near as close to the iPhone as the Galaxy S.

    • NextIsTheA

      Thank you for this sane post. Innovation and competition between ecosystems is great. The blatant copying that Samsung did helped no-one except for Samsung.

    • Nick V

      And when you walk into any Electronics Dept and look at the TVs, are you confused by which manufacturers TV you are looking at? I know I am not, and if I want a Samsung TV, I am not picking up the Vizio. The argument above is as dumb today as it was in the beginning.

    • GraveUypo

      while i agree with you on the galaxy S issue, i think the first $600M just about covered that. i don't think this second fine proceeds, it's just stupid American protectionism

    • https://play.google.com/store/search?q=kodiak+211 Google_Is_The_Higgs_Boson

      The Samsung f700 had the iconic physical home button, the black glossy backplate, the earpiece... There are a lot of Samsung phones, that had that
      home button before the iPhone...

    • https://play.google.com/store/search?q=kodiak+211 Google_Is_The_Higgs_Boson

      ........

      • FritoDorito

        .........

        • https://play.google.com/store/search?q=kodiak+211 Google_Is_The_Higgs_Boson

          And what do you think that proves?... You clearly stated Samsung stole these iconic designs, yet I show you a phone, pre dating them using this very design you said they stole, then you show me another phone with a different design... Do you believe they make one style phone?... It doesn't disprove them having used a similar design than what you believe was stolen...

        • https://play.google.com/store/search?q=kodiak+211 Google_Is_The_Higgs_Boson

          ......

        • https://play.google.com/store/search?q=kodiak+211 Google_Is_The_Higgs_Boson

          It looks like they've used this design lot...

        • https://play.google.com/store/search?q=kodiak+211 Google_Is_The_Higgs_Boson

          ....

  • Timothy Anderson

    should have been $0.00. Did you ever read these patents? They should never have been granted. .... when it is ruled internationally that Apple has violated Samsung's patents, it is vetoed by the US Government... talk about a double standard. No justice here.

  • qd

    How surprising that the only country where Crapple won the legal case was in its home country.

  • Nick V

    Wasn't this retrial rushed by Apple because the USPTO is getting ready to remove the patent on the Pinch to Zoom patent? Samsung asked to have the trial held up until the USPTO came to their decision. This is more of Apple wasting Tax Payer's money.

  • Nick V

    Apple is just pissy because their iOS 7 is just Lipstick on a Pig, and people want to go back to iOS 6.

  • Darktanone

    A win for Apple is a win for innovation! Now maybe Samsung will really try their hardest to innovate instead of just being content with following Apple, Dyson and others. The Galaxy Gear was a bad start but ya gotta keep trying.

    • Primalxconvoy

      Apple aren't exactly innovators themselves. Technology is all about the refinements of existing ideas.

  • Your Mother

    They should have a different judge for the next case., this woman was with apple all the way.