Apple Goes for the Jugular, Asks Judge to Triple Samsung Damages to $3B

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WelshBloke

Lifer
Jan 12, 2005
32,910
11,044
136
this is like trying to follow the lindsey lohan VS amanda bynes crap

nobody cares. both companies are evil. samsung has been convicted of outright price fixing multiple times, and apple is an american company that uses slave child labor to make its crappy products.

the hell with both of them. yes, i will buy samsung phones in the future. because theyre the best choice. but i will not be loyal to them in any way and i really dont care how much they try to sue eachother.


Well technically I suppose they are amoral, but the gist of your post holds.

Buy what you prefer from either of them but don't pretend there's some higher moral or patriotic reason for doing it.
 

TuxDave

Lifer
Oct 8, 2002
10,571
3
71
No, the jury awarded them 1.05Bn. Not 3Bn. By law, Apple is entitled to 1Bn, disregarding the scandals around that case though should result in a mistrial on the appeal. Asking for 3x what the jury awarded is simply Apple being cunts.

But hey, they can use that money to invent some magical neoprene cases for your iPhone 5s. Took 100Bn to invent ear buds, you know.

1B is the damage. And then you have this:

http://en.wikipedia.org/wiki/Treble_damages

"3x" isn't an arbitrary number thrown out there. It's not an Apple thing. Back when I saw lawsuits happen to other companies, they chose to settle because:

1) You never know what the jury will decide.
2) If they go against you, you may end up with 3x damage.

I'm guessing you're just unfamiliar with this.
 

pandemonium

Golden Member
Mar 17, 2011
1,777
76
91
Samsung is still in a better place because of it. They are pulling in record profits because they decided to copy apple.

Imagine where they would be today if they didn't decide to copy Apples products a couple years ago. HTC or Motorola would probably be the top company in the android space.

Where is this proof that Samsung copied Apple? And how exactly, do you patent a small box with rounded edges? The entire basis of this court dispute is absurd.

Of the what, 8 court systems this disputed patent infringement has been in, only 1 has sided with Apple. Home-team bias much?
 

Mopetar

Diamond Member
Jan 31, 2011
8,463
7,684
136
Where is this proof that Samsung copied Apple?

Well there's the court ruling, for one. You can also look through some of the evidence. I'd suggest the internal Samsung memo where they basically tell their team to make their phones more like Apple's.

And how exactly, do you patent a small box with rounded edges?

Design patents. Been around for decades now. You should look them up.


The entire basis of this court dispute is absurd.

You misspelled "I disagree with the verdict."

Of the what, 8 court systems this disputed patent infringement has been in, only 1 has sided with Apple.

Well, except for the other ones that agreed with Apple. There were some cases in Germany that went their way. There was also a recent case in Korea where the court ruled that Samsung was infringing on one of Apple's patents. Probably a few more in there as well.
 

chewietobbacca

Senior member
Jun 10, 2007
291
0
0
Well, except for the other ones that agreed with Apple. There were some cases in Germany that went their way. There was also a recent case in Korea where the court ruled that Samsung was infringing on one of Apple's patents. Probably a few more in there as well.

He's talking about the cases over the same issues. The court rulings in favor of Apple in other countries were on different products/patents

And, AFAIK, Samsung is appealing the original ruling anyways - which was actually from a jury, which makes me wonder when the last time any American company lost to a foreign one in this country anyways
 

TuxDave

Lifer
Oct 8, 2002
10,571
3
71
He's talking about the cases over the same issues. The court rulings in favor of Apple in other countries were on different products/patents

And, AFAIK, Samsung is appealing the original ruling anyways - which was actually from a jury, which makes me wonder when the last time any American company lost to a foreign one in this country anyways

Does Rambus vs Hynix count?
 

pandemonium

Golden Member
Mar 17, 2011
1,777
76
91
Well there's the court ruling, for one. You can also look through some of the evidence. I'd suggest the internal Samsung memo where they basically tell their team to make their phones more like Apple's.

That's not proof. It's a contextually gray, abstract area of development.

Design patents. Been around for decades now. You should look them up.

Granted, I'm being overly logical and expecting too much from a court ruling, but I find this rationality to be in incredibly poor taste. That's akin to saying that if I'm a tire manufacturer, we'll patent the use of grooves on our tires to allow water, snow, and debris to be channeled away from the tire to allow the contact patch to still function under imperfect road conditions. Not the form of how we design our grooves, but all grooves. Ya, bull****. You can't do that. That's monopolizing, and there's also laws against that.

Do you see where this win in basic design patent frivolity leads? The slope has been slipped.

You misspelled "I disagree with the verdict."

Don't put words in my keyboard. I can do that myself, thanks. Also, I have a patent on doing that. You owe me $1B USD, kthx.
 

Phynaz

Lifer
Mar 13, 2006
10,140
819
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Yes I do, thanks. It amuses me, though, that you felt the need to censor the word I chose. You should know better than that.

You're amused that I know better than to use offensive language in a public forum? Okay, whatever.

Profanity is for those who lack the creativity and intelligence to otherwise express themselves.
-Aristotle
 
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Mopetar

Diamond Member
Jan 31, 2011
8,463
7,684
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That's not proof. It's a contextually gray, abstract area of development.

It's not anything more or less than a legal ruling. It has actual legal and financial consequences, unlike opinions on forums. You're certainly free to disagree with the ruling or point out possible issues in the ruling, but eventually everything will be settled and it will be a matter of legal fact; thinking it's stupid won't matter one bit and complaining about it won't accomplish anything productive.

Also, given what was shown at the trial, it's pretty hard to deny that Samsung wanted their phone designed like the iPhone. Whether they should be fined for that is another matter entirely, but how could you possibly deny that Samsung's designs were quite heavily based off of Apple's product?

Granted, I'm being overly logical and expecting too much from a court ruling, but I find this rationality to be in incredibly poor taste. That's akin to saying that if I'm a tire manufacturer, we'll patent the use of grooves on our tires to allow water, snow, and debris to be channeled away from the tire to allow the contact patch to still function under imperfect road conditions. Not the form of how we design our grooves, but all grooves. Ya, bull****. You can't do that. That's monopolizing, and there's also laws against that.

It seems you completely misunderstand design patents and patents in general.

First of all, in your example the grooves are a functional part of the design and thus not subject to eligibility for a design patent. Secondly, design patents cover a very specific ornamental design. Assuming the grooves in fact served no function, it would be possible to patent a very specific groove design. Third, patents are a government granted monopoly for the invention or ornamental design that they cover. That's the whole point.

Don't put words in my keyboard. I can do that myself, thanks. Also, I have a patent on doing that. You owe me $1B USD, kthx.

When it's apparently obvious that you don't understand some of the things that you're talking about and drawing conclusions based on your own personal feelings rather than trying to objectively understand the case at hand, I honestly think that my restatement of what you wrote is more on the mark than you'd probably care to admit.
 

pandemonium

Golden Member
Mar 17, 2011
1,777
76
91
Just because something is the way it is, doesn't make it right.

The difference here, is the fact that I can accept that, and you are too entwined with the way things work to imagine a better world.

I'm not complaining to the patent office, or legal system directly, so your focus on belittling my understanding of how things work is pretty pointless. I know how things work...and I don't agree to them. This is my point; which appears to have completely been lost on you. I'm speaking hypothetically.

How silly of me to try debating the moral and logical legitimacy circling this mess. Continue on...
 

zsdersw

Lifer
Oct 29, 2003
10,505
2
0
You're amused that I know better than to use offensive language in a public forum? Okay, whatever.

I'm not the least bit interested in catering to what you or anyone else deems "offensive". You all can "shove it", in my opinion.

Profanity is for those who lack the creativity and intelligence to otherwise express themselves. -Aristotle

Ah yes, that anachronistic quote. Profanity is a changing standard; a chain on expression imposed to appease the childishness and immaturity of others. If I were to use another language's profanity, for example, it would likely be acceptable here.

Vaffanculo...e la tua immaturità.

We moderators are discussing your personal immaturity and oh so clever language tricks, and inability to follow the rules. But in the meantime, enjoy your warning for thread crapping.

Moderator TheStu
 
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Jinny

Senior member
Feb 16, 2000
896
0
76

Phynaz

Lifer
Mar 13, 2006
10,140
819
126
If I were to use another language's profanity, for example, it would likely be acceptable here.

Doubtful, we are about to find out. Since you were warned once in this thread, I wonder what the penalty will be.

Keep it on topic please

Moderator TheStu
 
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Mopetar

Diamond Member
Jan 31, 2011
8,463
7,684
136
Just because something is the way it is, doesn't make it right.

You'd be correct if you said moral. Otherwise, Apple has every legal right to do what they've done.

The difference here, is the fact that I can accept that, and you are too entwined with the way things work to imagine a better world.

Have I denied that the current system is horribly broken and that better alternatives exist? Perhaps you're too entwined in your idealistic vision of a better future to realize the the facts on the ground are completely different.

If you really do want a better world I suggest doing something more than idealizing and whining on a tech forum. You can always start by contacting your Congressional representatives. I'd suggest a hand-written letter as they have a tendency to completely ignore e-mail unless they know you. Better yet, research existing proposals for change and see if there are other representatives that they can work with.

I'm not complaining to the patent office, or legal system directly, so your focus on belittling my understanding of how things work is pretty pointless.

When you post completely wrong assessments of a situation and try to pass it off as fact, pointing out that you don't know what you're talking about isn't pointless. If nothing else, it affords you and other posters the opportunity to actually learn something about how the system works rather than just complaining about the outcomes time and time again and continually wondering why those outcomes came about when they're at complete odds with your own point of view.

I know how things work...and I don't agree to them. This is my point; which appears to have completely been lost on you. I'm speaking hypothetically.

I don't see any part of your post where you pointed out you were speaking hypothetically. Also your examples clearly show that you don't know how things work. Your analogy was completely wrong. That it is consistent with some ideology or hypothetical set of rules that you've constructed is meaningless when attempting to discuss the real world.

Disagree with the situation all you want, but if you're attempting to state why Apple has no legal merit, you really do need to use the existing laws and legal framework to make that case.

How silly of me to try debating the moral and logical legitimacy circling this mess. Continue on...

Yes, quite silly to try debating the very real ramifications and implications of a ruling when you're using your own imaginary set of rules rather than the facts as they exist. Please forgive the rest of us for not having a complete list of them and being able to follow along.
 

at80eighty

Senior member
Jun 28, 2004
458
5
81
1B is the damage. And then you have this:

http://en.wikipedia.org/wiki/Treble_damages

"3x" isn't an arbitrary number thrown out there. It's not an Apple thing. Back when I saw lawsuits happen to other companies, they chose to settle because:

1) You never know what the jury will decide.
2) If they go against you, you may end up with 3x damage.

I'm guessing you're just unfamiliar with this.




The idea behind the creation of such damages is that they will encourage citizens to sue for violations that are harmful to society in general.

wonder how Apple argued that