Apple-Samsung Trial

  • Avatar

    Posted: 03 August 2012 09:53 PM #76

    BTW, if you really want to understand this case, check out Apple’s complaint. I was unaware that those comparison photos were actually embedded in the complaint.

    And the jury instructions may better explain why Apple is doing what it is doing in the trial.

    And oh by the way, if “willful” infringement (as opposed to inadvertent copying, LOL) is found by the jury, Apple can ask for treble damages, i.e., triple, or Samsung’s profits, whichever is higher. Yeah, that’s as much as $7.5B, folks. Of course, it is unlikely that amount would stick, but the higher the award, the better for settlement and appeal purposes.

    Signature

    We filed for over 200 patents for all the inventions in iPhone and we intend to protect them. — Steve Jobs, 2007

         
  • Avatar

    Posted: 05 August 2012 07:26 PM #77

    “Remove a feeling that iPhone’s menu items are copied…”

    Hmm.

    And there’s that “I thought it was an iPad 2” thing being the top reason for Samsung tablet returns in 7 out of 30 Best Buy stores surveyed (at random?).  Never…overestimate the sophistication of the average tech buyer?

    http://tech.fortune.cnn.com/2012/08/05/samsungs-beat-apple-files-are-these-the-smoking-guns/

    [ Edited: 05 August 2012 07:30 PM by Mav ]

    Signature

    The Summer of AAPL is here.  Enjoy it (responsibly) while it lasts.
    AFB Night Owl Team™
    Thanks, Steve.

         
  • Posted: 06 August 2012 03:23 PM #78

    Samsung legal team behaving shamefully in my opinion.  End runs around the judge’s rulings at every opportunity.  Hard for a judge to deal with all this and not have the appearance of holding a bias. Samsung approach seems to be throw caution to the wind and if a mistrial is declared no big deal.  Puts Samsung back to square one and buys more time. 

    Samsung taking the approach: it’s not copying because we say it’s not. Apple seems to be able to show Samsung was doing tear downs and examining every aspect of the Apple product and then producing a very similar product.  But that does not mean we copied says Samsung.  So they were getting inspiration?

         
  • Posted: 06 August 2012 04:41 PM #79

    Grover - 06 August 2012 06:23 PM

    Samsung legal team behaving shamefully in my opinion.

    They’re just doing their job. Like an aggressive football team, they’re pushing the boundaries everywhere and occasionally they cross the line and get penalized. It’s all part of the game.

         
  • Avatar

    Posted: 06 August 2012 04:57 PM #80

    Seems like a decent litmus test for who has a better case. LOL

    Judge Koh is being more than fair to Samsung right now though.  She’s in charge of the trial, after all, and she is fully dialed into Samsung’s antics.  Highly doubtful this will end in mistrial.

    Signature

    The Summer of AAPL is here.  Enjoy it (responsibly) while it lasts.
    AFB Night Owl Team™
    Thanks, Steve.

         
  • Posted: 06 August 2012 05:12 PM #81

    Mav - 06 August 2012 07:57 PM

    Highly doubtful this will end in mistrial.

    Agreed. A mistrial would be a victory for Samsung. The Judge knows this.

         
  • Posted: 06 August 2012 05:38 PM #82

    FalKirk - 06 August 2012 07:41 PM
    Grover - 06 August 2012 06:23 PM

    Samsung legal team behaving shamefully in my opinion.

    They’re just doing their job. Like an aggressive football team, they’re pushing the boundaries everywhere and occasionally they cross the line and get penalized. It’s all part of the game.

    I have a pretty good idea what their job is and what the “game” is.

         
  • Avatar

    Posted: 06 August 2012 09:31 PM #84

    adamthompson32 - 06 August 2012 10:09 PM

    Wow.

    http://www.appleinsider.com/articles/12/08/06/internal_samsung_memo_shows_iphone_caused_crisis_of_design.html

    Why would anyone release that memo on purpose? Nuts.

         
  • Avatar

    Posted: 06 August 2012 09:54 PM #85

    You misunderstand, it’s just hyperbole.  Nothing to see here, ladies and gentlemen of the jury.  Remember, _Samsung_ is the innovator here!

    (Still cracks me up.)

    [ Edited: 06 August 2012 09:58 PM by Mav ]

    Signature

    The Summer of AAPL is here.  Enjoy it (responsibly) while it lasts.
    AFB Night Owl Team™
    Thanks, Steve.

         
  • Avatar

    Posted: 06 August 2012 10:02 PM #86

    Have a brother in national sales for Sammy, can’t wait to see him at Xmas if this plays out like I think it will grin I’ve had my fill of how this or that copied product is so wonderful.

         
  • Avatar

    Posted: 06 August 2012 10:02 PM #87

    ChasMac77 - 07 August 2012 12:31 AM
    adamthompson32 - 06 August 2012 10:09 PM

    Wow.

    http://www.appleinsider.com/articles/12/08/06/internal_samsung_memo_shows_iphone_caused_crisis_of_design.html

    Why would anyone release that memo on purpose? Nuts.

    They had to; discovery rules require all relevant, non-privileged documents must be turned over.

    ...

    Has everyone seen this article?

    Apple: Samsung even lifted our icons (pictures)

    I just love this law-talking guy persuasion stuff.

    Hutz: I move for a bad court thingy.
    Judge Snyder: You mean a mistrial.
    Hutz: Right!! That’s why you’re the judge and I’m the law-talking guy.
    Judge: You mean the lawyer?
    Hutz: Right.

    Signature

    We filed for over 200 patents for all the inventions in iPhone and we intend to protect them. — Steve Jobs, 2007

         
  • Posted: 06 August 2012 10:44 PM #88

    ^  Unbelievable.  I mean, why do people patronize such a disreputable company?  What is WRONG with people?

    The court should force Sammy to change its name to ShameSung for a year.

         
  • Posted: 06 August 2012 10:55 PM #89

    Mercel - 07 August 2012 01:44 AM

    ^  Unbelievable.  I mean, why do people patronize such a disreputable company?  What is WRONG with people?

    The court should force Sammy to change its name to ShameSung for a year.

    You guys are so biased. (I think it’s hilarious that I’m the one saying this.)

    First, Samsung is just doing what competitors have done from the dawn of time.

    Second, it appears that there is a culture of copying in Korea and some other asian nations. They’re probably shocked that this is even actionable.

    Third, there’s nothing disreputable in what they’re doing here. They may have crossed the line here, but its a legal line, not a moral line.

    In the law we talk about malum in se and malum prohibum. The former is reprehensible conduit. The latter is just prohibited conduct. This is clearly just prohibited conduct. There is nothing immoral going on here. It’s just business…perhaps taken a step (or two) too far.

    Finally, a case should always sound good during the plaintiff’s portion of the case. The Plaintiff gets to put their best evidence before the Jury. A case isn’t nearly over until the defendant has their say. So far, the case looks strong and Samsung is on its heels. But there’ a lot of trial left to go.

         
  • Posted: 07 August 2012 01:46 AM #90

    FalKirk - 07 August 2012 01:55 AM
    Mercel - 07 August 2012 01:44 AM

    ^  Unbelievable.  I mean, why do people patronize such a disreputable company?  What is WRONG with people?

    The court should force Sammy to change its name to ShameSung for a year.

    You guys are so biased. (I think it’s hilarious that I’m the one saying this.)

    First, Samsung is just doing what competitors have done from the dawn of time.

    Second, it appears that there is a culture of copying in Korea and some other asian nations. They’re probably shocked that this is even actionable.

    Third, there’s nothing disreputable in what they’re doing here. They may have crossed the line here, but its a legal line, not a moral line.

    In the law we talk about malum in se and malum prohibum. The former is reprehensible conduit. The latter is just prohibited conduct. This is clearly just prohibited conduct. There is nothing immoral going on here. It’s just business…perhaps taken a step (or two) too far.

    Finally, a case should always sound good during the plaintiff’s portion of the case. The Plaintiff gets to put their best evidence before the Jury. A case isn’t nearly over until the defendant has their say. So far, the case looks strong and Samsung is on its heels. But there’ a lot of trial left to go.

    Nothing disreputable?  I beg to differ.  A company’s reputation is based in part on how it conducts itself and how that behavior is perceived by its customers. 

    Is the reputation of a knockoff artist really untainted by its behavior of copying another company’s invention? 

    If certain behavior—even if practiced by a corporation—can’t be codified, it can’t be immoral or disreputable?  Is that what you’re saying?  You may have your day in court and draw your legal distinctions, but there are plenty customers like myself who can tell right from wrong without the “help” of an attorney, thank you very much.  And my form of justice is to refrain from buying any s**t from those companies who cross the line repeatedly and so profoundly.