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    August 27, 2012

    Apple lands decisive blow against Samsung

    We have been hearing about this worldwide fistfight for months now, but the Apple vs. Samsung patent war hit a new gear at the end of last week. After a very lengthy trial in the US, the jury gave their verdict in what was always going to be the biggest trial between the two technology giants.

    The outcome: Samsung infringed on many an Apple patent, and have to pay up. This is a huge blow to Samsung in the land of the star-spangled banner and not just because of the monetary implications. While appeals and counter appeals will undoubtedly follow, the penalty to Samsung following the verdicts is a whopping $1.049 billion. That is a huge amount of dough to cough up and we are interested to see how that affects Samsung‘s business in the States, as well as their strategies regarding future devices.

    Obviously, after such a momentous decision, many Samsung and Android fans are crying foul all over the world. The jury has been slated as biased and patriotically inconsistent in their decision regarding the different claims. Frankly, it seems as though they might have a case when you look at the evidence from the press releases, where they even skipped some evidence against Apple when deliberating.

    “œHogan was jury foreman. He had experience. He owned patents himself…so he took us through his experience. After that it was easier. After we debated that first patent ““ what was prior art ““because we had a hard time believing there was no prior art.“

    “œIn fact we skipped that one,“ Hogan continued, “œso we could go on faster. It was bogging us down.“

    Interestingly there was another trial going on at the same time in a fight over the exact same patents, however, this trial was in South Korea, homeland of Samsung. What was the verdict in that trial? That Apple and Samsung both infringed on each other‘s patents. As a result of this, to sum up, the iPhone 3GS, iPhone4, iPad 1 and 2, Samsung‘s Galaxy S2, Galaxy Nexus and the Galaxy Tab 10.1 can no longer be sold in South Korea.

    That‘s quite a different opinion on the patents of the two companies.  We can only hope that the two can now start moving on from this ridiculous patent war (after all the appeals and final verdicts, of course) and rather start spending all that money that is going into the trials on innovation and improving their devices.

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    • This is the patent Hogan owns “A personal video recording/storage apparatus for downloading streaming video and data contents from a number of sources and storing the video files to an internal storage device, such as a disk drive”

      Hello HTPC, TeVo etc. BROAD PATENT IS BROAD. This just shows how totally bombed the US patent system is.

      It’s quite clear that Hogans personal feelings came in the way and that he influenced the jury. If this doesn’t lead to a mistrial it will certainly count in Samsung’s favor when appealing.

      The patent system needs a serious overhaul.

    • This verdict, if allowed to stand, will give Apple the right to ban the sale of all Samsung products (which fell into this patent dispute) in the US. Though the billion+ fine was quite hefty, I think that the former might be an even bigger blow to the Korean enterprise.

      • Theunis Jansen van Rensburg

        Luckily for them the S3 will not be banned and they have a bunch of new products coming to market. But I think this saga is far from over.

        • True. But according to Reuters, Apple may have an avenue to ban the S3 as well.
          “Although Samsung’s flagship Galaxy S III phone was not included in the trial, the jury validated Apple’s patents on features and design elements that the US company could then try to wield against that device. Apple may not have to seek a new trial over the S III, but can include it in a “contempt proceeding” that moves much faster, according to legal experts.” – Reuters
          But I agree with you, this court battle will go on and on… Never-ending story.

          • Theunis Jansen van Rensburg

            I saw that, it’ll be a massive blow if they are able to get that banned. Let’s wait and see, interesting times ahead! 😀