[Editorial] Now That Samsung Was Found Liable, What are the Potential Ramifications?

Discussion in 'Android News' started by dgstorm, Aug 25, 2012.

  1. dgstorm
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    dgstorm Editor in Chief Staff Member Premium Member

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    Apple vs. Samsung in the U.S. Court System: It was one of the most titanic trials of the decade. A fight between two juggernauts of the mobile industry. Similar battles where being waged around the world, with various outcomes, some of which are still to be determined. In the end, (although the appeals process is just beginning), Samsung lost to Apple. The verdict was paradoxically both shocking and unsurprising. Most of us realized that there was some copying going on (by both sides), but few of us expected the defeat to be so utterly lopsided in Apple's favor. But, what does this defeat mean going forward, for the companies involved, the consumers, and the legal system in general? Here's a brief analysis below culled from multiple sources around the web. Before that here is a defiant statement issued by Samsung in response to the outcome:

    Regardless, now that Samsung has been defeated by Apple in a U.S. court, we have several things to consider throughout this trial. We will attempt to list just a few of the most important ones (please keep in mind, much of this is simply speculation):
    • There is now a long appeals process coming, and it is possible we could see some reversals.
    • During this trial, the publicity of the case actually helped Samsung in world-wide market acceptance and consumer knowledge.
    • Because of all of this publicity Samsung is now considered an equal to Apple; however, after the verdict, their reputation could go either way. It could bolster their position, or they could be perceived as a copycat.
    • Even if Samsung is hurt by this, it may not be much. They are still way ahead of Apple in the emerging markets of China, by a factor of over 2 to 1. Plus, this could rally Android fans even further.
    • Apple will likely now ask for a ban on several Samsung products.
    • Because the infringement was found to be "willful," Apple could seek Treble damages. That would turn the $1 Billion dollar verdict into $3 Billion. That's almost half the profit they made over the past year.
    • This could lead to some sort of cross-licensing agreement between Apple and Samsung, in which Samsung pays Apple to make Android phones. Apple could then go after other Android OEMs for the same thing. This would hurt Android in the long run.
    • Conversely, if Apple decides to pursue bans only, they can now use this case as precedent to go after other Android OEMs, which might hurt Android more (or could force change in the current U.S. Patent system.
    • If Apple does seek a cross-licensing agreement, it will likely cause the price of all mobile devices to go up, which only hurts the consumer and market competition.
    • Emboldened by their success, Apple could try to go after the Galaxy S III now.
    • In the long run, this could actually hurt Apple more than it helps them, because they have effectively forced their competitors to think even further out of the box to remain competitive. Because of this, their competition is likely to change the rules of the game by creating a more disruptive technology. There are signs that this has already happened. Apple is now likely to release an iPad Mini, and an iPhone with a larger display. Both of these are reactive moves designed to keep up with the changes in the market brought on by Android.
    As you can see, there are a ton of ways to look at this situation, and we have only covered just a few. There are obviously other factors to consider, and other perspectives on this complex issue. Share some of your ideas in the thread!
  2. Beskidia
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    Beskidia New Member

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    pple could seek Treble damages

    I think you meant triple. :)

    I still think that Apple should have lost that one. One other thing that can happen is emboldening them to file even more broad patents and patent stuff we've all seen before. They now know it works in destroying competition
  3. dgstorm
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    dgstorm Editor in Chief Staff Member Premium Member

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    Actually, in "legal-ease" they don't use the word Triple for damages, it is called, "Treble." :)

    Here's the wiki on it: Treble damages - Wikipedia, the free encyclopedia
  4. Beskidia
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    Beskidia New Member

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    I stand corrected then. ^_^
  5. dgstorm
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    dgstorm Editor in Chief Staff Member Premium Member

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    No sweat! :D

    I am just saddened by the outcome of this case, although the optimist in me would love to see this defeat eventually lead to patent reform.
  6. WildcatRudy
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    WildcatRudy New Member

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    Amen to that. apple is the one who is most abusive of the smartphone makers when it comes to patents.

    An appeal can only be filed if one of the parties feels there was an error in the legal process. IMHO, that judge is so apple-biased that Android or Samsung didn't have a chance. This is probably why apple tries to use that court as their venue; I'd love to see Samsung, Android or any of the others file suit in another venue. It'd be even sweeter if that other judge (can't recall his name...in Illinois, wasn't it?) would throw out their patent cases with prejudice. We can't count on the government to reform patents since they move so slowly.

    The whole thing is ludicrous. This is like Ford filing suit against Chevy for selling something called a pickup truck...

    Still will never buy a crapple product...I can't support a company that operates at their level.
  7. silverfang77
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    silverfang77 Member

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    Patent reform: If you didn't invent it, you can't patent it.
    2 people like this.
  8. Caesars
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    Caesars Well-Known Member

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    Stop being reasonable

    Googorola MAXX
  9. xeene
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    xeene Well-Known Member

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    samsung had an uphill battle from the start of the case. got to give credit where it's due and it's apple lawyers making it america vs korea case on american soil.
  10. tjk629
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    tjk629 New Member

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    Apple won't go after any other android OEM unless they start surpassing them in sales. It's the only reason they went after Samsung.
  11. Bilgediver
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    Bilgediver New Member

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    Que Jobsheep "but Apple really did invent tablets, Guis, Touchscreens, and everything else!"

    Sent from my AT100 using Tapatalk 2
  12. Tillmorn
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    Tillmorn Member

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    I seem to recall that most OEMs have more or less moved away from most of Apple's BS patents already. Nontheless, Apple could easily attempt the whole "USA vs. wherever" with the other companies. Personally I am more interested in the Motorola vs. Apple case that is coming up, as it is the first time Google is truly going on the offensive. The Apple vs. Samsung trial did not have much of a chance because whether we like to admit it or not, the first Galaxy phone did look rather similar in UI to the iPhone. It's honestly one reason I avoided Samsung phones. Hell, I've got a Samsung TV and laptop that I love. But early TouchWiz...that was just ugly in my mind.
  13. Beskidia
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    Beskidia New Member

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    Nah, I feel like Apple will ride this victory and drill the rest of the OEMs and make sure no one even gets the opportunity to reach them again in sales.

    I was an optimist too. I was so looking forward to how Samsung would finally win. But then there was always that voice that kept saying... Apple has hypnotized the jury by now

    It's quite difficult to move away from all of it. double tap to zoom, scrolling, universal search... they are taking away certain parts of what makes a smartphone smart. Maybe they will make a triple tap to zoom, but what about scrolling?
    It's also kind of daunting that from now on the call key will have a blue background because Apple will argue they got to Green first. haha. darn. I avoided the news reel for a while just so I wouldn't get pissed at apple's crap so much but then it all hit me when I realized they have won. :(
  14. ekolis
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    ekolis New Member

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    So if they don't come to an agreement on licensing, does this mean that all our Android phones are now illegal and will be shut off remotely or forcibly recalled?
  15. tjk629
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    tjk629 New Member

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    No. They would just be banned from being sold. And it would only be Samsung devices that were ruled as infringing.
  16. ekolis
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    ekolis New Member

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    So essentially it would create a black market in used Android devices (assuming it would be illegal to resell existing devices - otherwise just high resale prices)?

    edit: oh dear, and what about retailers' and other distributors' stocks of existing new devices? They would be completely worthless unless dumped in some third-world country... o_O
  17. MissionImprobable
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    MissionImprobable Well-Known Member

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    1 person likes this.
  18. johnomaz
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    johnomaz Well-Known Member

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    Apple will NEVER see another penny from me (though they haven't for years now already). Apple is screwed up, the courts are screwed up and most of all, the patent office is FUBAR.
  19. ekolis
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    ekolis New Member

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    The problem isn't really that patents are too easy to get - they're quite expensive to apply for! But the rewards are too great, and inventors are easily exploited by corporations, who can afford the patent applications and lawsuits. "You can't possibly produce and market this cancer drug on your own, Dr. Genius! The only way you can do so is if you let us do it - but we demand the full ownership of the patent to it, otherwise millions will die!"
  20. xDMONEYx
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    xDMONEYx New Member

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    I thought monopolizing was illegal. It's quite clear that's the direction Apple is going with all of this childish nonsense. All of this should be making Apple look bad, as they are really acting childish. I've said it many times before, but Apple is really going to put a damper on the advancement of mobile technology at this rate.
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