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Apple Wins Patent Ruling As Jury Finds Samsung Infringes

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Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#91

Post by azakai »

sriramk wrote: post #74

The big winner, apart from Apple, is Microsoft. If you're a hardware manufacturer, your choices are 1. You go with Android and have both Apple and Microsoft come after you. 2. You go with Windows Phone. I suspect the Windows Phone team is breaking open some champagne now.

No, you can also make an Android phone. You just need to avoid infringing these specific patents either by removing functionality or implementing it in another way.

This lawsuit did not find that "Android" helplessly infringes Apple patents in all cases. Just that the combination of Android, Samsung's software modifications to Android, and Samsung hardware, together infringed several very specific Apple patents.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#92

Post by angryasian »

nikic wrote: post #58
shawnee_ wrote: post #53

If Lucy Koh is so intent on protecting the singularity of one corporate interest over what is so obviously good for the general public, she should not be a Federal District Judge. She should still be in private practice. We need Federal District Judges who are willing to work for the good of consumers, which involves protecting a market where competition can thrive. Consumers benefit when there is more than one separ…

I don't think that this is the judges fault. The law (at least to some degree) dictates the decision. If that decision is not good for the general public, then it is the law that needs change. (And we all agree that it does.)

she did make many decisions through out the trial as to what was admissible and not admissible , so she did effect the outcome.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#93

Post by w1ntermute »

I don't give two fucks about TouchWiz specific-stuff (in fact, this might encourage Android OEMs to stick with stock Android), but what impact will this have on stock Android? It would really suck to have to depend on 3rd party ROMs for things like pinch to zoom and tap to zoom because Google was forced to remove it from Android.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#94

Post by frewsxcv »

enraged_camel wrote: post #54
aaronbrethorst wrote: post #29

Earlier quoted context omitted.

Totally, but not for Samsung. That's almost 10% of their net profit last year. This is going to scare the shit out of every Android handset maker out there.

Which in my opinion is a good thing. Everyone should think twice before blatantly imitating the result of other people's investments and hard work. Edit: the downvotes do not surprise me. HN has a very anti-Apple slant.

Everyone should think twice before blatantly imitating the result of other people's investments and hard work.

Kind of sounds like what Apple does as well. I'm reminded of:

http://www.ted.com/talks/kirby_ferguson_embrace_the_remix.ht...

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#95

Post by wutbrodo »

enraged_camel wrote: post #54
aaronbrethorst wrote: post #29

Earlier quoted context omitted.

Totally, but not for Samsung. That's almost 10% of their net profit last year. This is going to scare the shit out of every Android handset maker out there.

Which in my opinion is a good thing. Everyone should think twice before blatantly imitating the result of other people's investments and hard work. Edit: the downvotes do not surprise me. HN has a very anti-Apple slant.

....are you reading the same HN I am?

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#96

Post by btilly »

tzs wrote: post #36
JoshTriplett wrote: post #3

Earlier quoted context omitted.

The words "proven invalid" seem like a nice summary of what's so broken about this situation.

How so? Issued patents have already undergone an examination by a patent examiner, who found that the patent met the statutory requirements for validity, so it seems reasonable to me that someone wishing to overturn that decision should bear the burden of proof.

Patent examiners do NOT conduct a very thorough review. The attitude is that it is better to get the patent out (for which they get paid) and let the courts sort out the bad ones.

On this point I've been informed by patent lawyers that at trial something like 2/3 of patents will be found to be invalid. The problem is that nobody knows ahead of time which of those patents will be found to be invalid.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#97

Post by r00fus »

enraged_camel wrote: post #54
aaronbrethorst wrote: post #29

Earlier quoted context omitted.

Totally, but not for Samsung. That's almost 10% of their net profit last year. This is going to scare the shit out of every Android handset maker out there.

Which in my opinion is a good thing. Everyone should think twice before blatantly imitating the result of other people's investments and hard work. Edit: the downvotes do not surprise me. HN has a very anti-Apple slant.

If you think your downvotes are due to an anti-apple bias, you might want to reword your banal dismissal into meaningful critique of the situation. If HN has a bias, it's towards Apple (which is completely understandable given the state of mobile adoption by startups).

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#98

Post by Steko »

This is a good result.

Samsung copies for a living like many companies. Much of the copying is legal. Sometimes they push it too far. One smoking gun in this case was the Google told Samsung to change their designs. They didn't. They reaped the benefits in terms of higher sales and now they can reap the bad side of that too.

On net it has still been profitable from Samsung. Samsung lost but it hasn't been shut down or anything. In fact Apple is paying Nokia much more then Samsung will end up paying Apple. People crying that the sky is falling have missed this reality.

No damages for the overbroad ipad design patent. This seems like a good result as much of the complaining seemed to be about the "rectangle patent" people thought Apple had. I think the EU Registered Design for the iPad is much more specific and more in line with what people think of as trade dress. Samsung didn't really make any money in the tablet arena anyway.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#99

Post by sriramk »

azakai wrote: post #91
sriramk wrote: post #74

The big winner, apart from Apple, is Microsoft. If you're a hardware manufacturer, your choices are 1. You go with Android and have both Apple and Microsoft come after you. 2. You go with Windows Phone. I suspect the Windows Phone team is breaking open some champagne now.

No, you can also make an Android phone. You just need to avoid infringing these specific patents either by removing functionality or implementing it in another way. This lawsuit did not find that "Android" helplessly infringes Apple patents in all cases. Just that the combination of Android, Samsung's software modifications to Android, and Samsung hardware, together infringed several very specific Apple patents.

You could but who's to say that Apple can't find other patents in their portfolio to come after you with (or MSFT can't extract their Android licensing for you). Apple wants to destroy the Android ecosystem and they're going to take any legal measure possible.

With Windows Phone, you're protected from this through MSFT's cross-licensing deal with Apple - Apple even pointed to the Nokia WP phones as an example of being able to do something different.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#100

Post by [deleted] »

lawdawg wrote: post #48
programminggeek wrote: post #10

This is both unsurprising and somewhat meaningless as there will be an appeals process that will last for months and possibly years. You don't have to be a rocket scientist to see that Samsung made their products to look like Apple products. They changed their icon styles and other UI elements away from Android standards to match the Apple style. Some of the things Apple invented and patented on like pinch to zoom an…

and all those phones have pinch to zoom. Just because Microsoft and Apple are colluding to avoid suing each other doesn't mean that an OS like WP is somehow the solution.

[deleted]
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