Apple v/s Samsung Verdict - An Executive Summary

Others 4192 views 7 replies

Dear Professionals,

 

I have made an Executive Summary for my boss on Apple v/s Samsung patent verdict, passed by United States District Court, Northern District of California, San Jose Division, on August 24, 2012. I would like to share this summary with you all. For your reference, I have also attached the original verdict with this post. I hope that my contribution will be helpful to you all in updating the legal happenings in the International scenario.

 

Warm Regards,

Veeral Gandhi

 

                    An Executive Summary      

 

 

Judgement of :

United States District Court, Northern District of California, San Jose Division

 

Citation :

Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).

 

Suit regarding :

Patent Infringement under the US Patent Act.

Date of Verdict :

August 24, 2012

Type of Verdict :

It was a Jury verdict, with nine Jury members.

Meaning of a Jury Verdict :

As opposed to a verdict by a qualified Judge, Jury in American parlance means, a group of men and women,  who are gathered for the purpose of listening to the evidence and then deciding what is truth. They are men and women taken from everyday life, generally unfamiliar with courtroom procedure and courtroom language.

The jury system in US, has been criticized by the allegation that it does not apply the law but is swayed by the emotional appeal of the particular case.

Jury members in the case and their profile :

The presiding Juror, Mr. Velvin Hogan, is a 67-year-old electrical engineer. Among the other seven jurors were a homemaker, a bicycle shop manager and a U.S. Navy veteran. The youngest juror, a 24-year-old whose favorite Court attire is T-shirts bearing names of rock bands.

Interestingly, these highly complex disputes are being decided in US by Juries, rather than Judges, and the Juries tend to issue more generous awards for patent violations.

Main Issue Involved :

Samsung copied the look and feel of the iPhone and the iPad, patented by Apple Inc. Later sued it for infringing it’s Patent rights.

Facts of the case :

April 15, 2011
 

Apple files suit against Samsung, asserting patent and trade-dress claims.

 

June 30, 2011
 

Samsung files counterclaims against Apple that some of Apple’s patents should be declared invalid.

July 1, 2011
 

Apple files a motion for preliminary injunction against the Galaxy S 4G, Infuse 4G, Android Charge smartphones, and the Galaxy Tab 10.1 tablet, which was denied on December 2, 2011.

June 26, 2012
 

Apple appeals the denial of preliminary injunction to the Federal Circuit, which affirms on all counts except the D'889 design patent.

 

July 31, 2012
 

Opening arguments in the trial get under way.

 

August 21, 2012
 

Closing arguments delivered from both sides.

 

August 22, 2012
 

Jury begins deliberation

 

August 24, 2012

The jury arrived at its verdict after less than three days of deliberations, far swifter than many experts thought in view of the many complex issues.

 

The Verdict :

The jury rejected Samsung’s claim that some of Apple’s patents should be declared invalid. The jury also rejected Samsung’s counterclaims, declaring that Apple did not infringe on Samsung’s patents with the iPhone and the iPod Touch.

The jury concluded that Samsung had violated a number of Apple’s patents covering things such as :

  1.  a “rubber-banding” feature in its phone’s operating system, which makes lists jump back when pulled beyond their limit, and

 

  1. a “pinch-and-zoom” feature which is now found in a wide range of mobile devices.

 

  1. It also upheld Apple’s claim that Samsung had infringed on its design patents by copying aspects of the iPhone's design, such as the system used to display icons.

The jury validated almost all of Apple’s claims against Samsung, for many different smartphones and tablets, putting the South Korean electronics giant on the hook for $1.049 billion. The jury also found that at least some of the infringement was “willful,” which helped lead to the high figure.

 

Implications on Apple :

For a start, it will encourage Apple to file even more lawsuits.

Implications on Samsung :

Samsung is much more than a phone maker, but it’s smartphone business has been a growth juggernaut in recent years as it’s Galaxy line has emerged as the flagship brand for Android phones and the i-phone’s one legitimate challenges in the smart phone was if Apple’s patents are finally held to be valid by the US Supreme Court, Samsung could be forced to redesign it’s phones and their user interfaces.

It has found a recipe for success in the Galaxy line but now it may have to change up the ingredients.

Ranjit Yadav, India head for Samsung mobile & IT, said that the company would neither slow down roll out of Samsung products here nor cut any features from its phones.

Implications on other IT companies :

It will also encourage other companies that make smartphones and tablets either to license patents from Apple or to modify the design of products to minimise the risk otherwise, they will be hit with lawsuits too.

Implications on consumers :

The “verdict should not be viewed as a win for Apple, but as a loss for the American consumer,” Samsung said. “It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies.”

 

Future moves :

Samsung has vowed to fight the case all the way to the U.S. Supreme Court. It will first ask the trial judge to toss the verdict. Failing that, Samsung will appeal to the Court of Appeals for the Federal Circuit in Washington D.C., a specialized court that hears nearly all patent appeals.


Samsung has already made clear that it intends to appeal against the ruling, a process that could take months or, more likely, years. But legal experts think the chances of getting it overturned are slim.

 

 

 

 


Attached File : 698334 1069338 verdict form of apple v samsung.pdf downloaded: 135 times
Replies (7)

Great compilation sir

 

For tech giants, suing has become an usual practice. Yesterday, while going through the Economic TImes, I came across the following report:

 

Apple has been involved in 148 smartphone patent lawsuits — since 2006. A majority of patent suits within the smartphone industry are filed by so-called trolls, companies that exist solely to sue. But tech giants have also traded lawsuits among themselves.

 

 

 

 

Image Courtesy: The Economic Times.

 

The way it looks, it appears even more complicated than "Chakravyooh". But amongst all the tangle that is there among the companies, is the consumer ultimate beneficiary or he is the one who has to feel the heat in the longer term?

Neeraj, as per my view, the consumer is loser in long term. As said by Samsung, it is really unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners.

 

After careful scrutiny it is clear that the current patent system has its flaws and those need to be worked out and it is also relatively clear that patents are a good thing as long as they are not granted for pirated material.  It is also pretty safe to say the patents do spur  some form of creativity.

 

Further, I am also against a jury verdict as they are not qualified enough to pass a verdict on such complex issues. It is also tilted in favour of the American giant, Apple.

As evident from the news source, its the home company at advantage. US jury favoured  APPLE and Korean jury favoured SAMSUNG. And we might just have regional monopolies if the products are banned from sale in a particular country.

 

 

But Samsung lost significantly, as USA is the largest consumer market in the world as compared to Korea...

Yes, Samsung suffered a lot but to its relief, it best selling product (galaxy S3) that competes with iphone is still selling there ...

 

But, as rightly said by Samsung, US consumer will or may be devoid of technology that is or will be  "Designed for Humans"

Bookmarked ...!!!!

Very nice sharing... Thank you....


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register