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UPDATED! Apple vs Samsung vs Apple vs Samsung

Posted: August 25th, 2012 | Author: | Filed under: Apple, Apple vs Samsung, Cult of Apple, Samsung, Technoid Computer News, UPDATED! | Tags: , , , , , , , , , | Comments Off on UPDATED! Apple vs Samsung vs Apple vs Samsung

Apple vs Samsung vs Apple vs Samsung

UPDATED! August 28, 2012: Apple is seeking speedy bans on the sale of eight Samsung phones, moving swiftly to capitalise on its resounding court victory over its arch-foe. The world’s most valuable company wasted no time in identifying its targets: eight older-model smartphones, including the Galaxy S II and Droid Charge.

Original Post! Just hours apart, in two separate courts – one in the USA and another in South Korea – two absolutely opposing views on the war that is Apple vs Samsung, – or should that be Samsung vs Apple? – have been handed down.

A South Korean court has handed down a split ruling over Samsungs claim that Apple infringed it’s intellectual property, ruling that some element of the iPhone do indeed use patented Samsung telecommunication technology. The court also ruled however that Samsung had – as Apple has been ranting – copy Apples interface for it’s early Galaxy phones and tabs.

The South Korean court found that both companies shared blame, ordering Samsung to stop selling 10 products including its Galaxy S II phone and banning Apple from selling four different products, including its iPhone 4.

Meanwhile across the pacific in San Jose, California, a US jury has found in favour of Apple in a case that was expected to take years to settle, Apples copycat rant has just landed it a $US1 billion dollar win! However, the US ruling runs much deeper than just a huge compensation payout, BILLIONS of dollars in future sales hang in the balance for both tech-behemoths ::::

Samsung vs Apple vs Samsung vs Apple

South Korea: A court in Seoul has ruled that Apple and Samsung infringed each other’s patents on mobile devices and ordered a partial ban on sales of their products in South Korea. The Korean court ruling comes as the two tech-behemoths remain locked in a bitter patent battle that could determine their fight for supremacy in the global smart phone market.

The Seoul Central District Court has ruled that Apple indeed breached two of Samsung’s technology patents and ordered the sparkly white iMaker to pay Samsung $US35,000 in damages. The court however also ordered Samsung pay $US20 million for violating one of Apple’s patents.

The court has ruled that the waring behemoths halt sales of all infringing products in South Korea. In April 2011 Samsung filed a lawsuit against Apple in Seoul regarding infringement of patents related to telecommunications standards. Apple responded in June of that year with a counter suit claiming Samsung copied the design and user interface of its iPhone and iPad.

The split ruling is not expected to have any impact on the broader dispute between the pair which involves legal action in several nations including Australia, Germany and the United States.

In the USA: Apple has scored a sweeping legal victory over Samsung where a jury found the Korean company had indeed copied critical features of the hugely popular iPhone and iPad, the jury awarded tApple $US1 billion in damages.

The verdict – which came much sooner than expected – could lead to an outright ban on sales of key Samsung products – ALL Galaxy phones and Tabs – and will likely cement Apple’s dominance in the mobile market. The jury deliberated for less than three days before delivering the verdict on seven Apple patent claims and five Samsung patent claims – suggesting that the nine-person panel had little difficulty in concluding that Samsung had copied the iPhone and the iPad.

Billions of dollars in future sales hang in the balance.

Apple’s charges that Samsung copied its designs and features are widely viewed as an attack on Google Inc and its Android software, which drives Samsung’s devices and has become the most-used mobile software. Apple and Samsung, two companies that sell more than half the world’s smartphones and tablets, have locked legal horns in several countries this year.

But the trial on Apple’s home turf – the world’s largest and most influential technology market – is considered the most important.

The fight began last year when Apple sued Samsung in multiple countries, accusing the South Korean company of slavishly copying the iPhone and iPad. Samsung countersued. Apple had sought more than $US2.5 billion in damages from Samsung, which has disputed that figure.

The companies are rivals, but also have a $US5 billion-plus supply relationship. Apple is Samsung’s biggest customer for microprocessors and other parts central to Apple’s devices.

 Apple vs Samsung vs Apple vs Galaxy vs iPad vs Android Tab vs iPad

In the US court, Apple had been seeking more than $2.5 billion after accusing the Korean firm of infringing designs and other patents.

SOUTH KOREA: The South Korean decision comes ahead of a high-stakes US jury verdict that is expected to signal the future course of the rival firms’ tussle for smart phone supremacy.

Samsung has steadfastly denied abusing Apple patents and countered in court that Apple has been taking advantage of some of the South Korean company’s patented technology for wireless connections.

Samsung shipped 50.2 million smart phones globally in the April-June period, while Apple sold 26 million iPhones.

THE US JURY:  The US jury spent most of August in a packed federal courtroom in San Jose – just a stones throw from Apple HQ in Cupertino – listening to testimony, examining evidence and watching lawyers from both sides joust about seven Apple patents, five Samsung patents, and damage claims.

Jurors received 100 pages of legal instructions from US District Judge Lucy Koh on August 21 prior to hearing the closing arguments from attorneys.

Lawyers from both tech giants used their 25 hours each of trial time to present internal emails, draw testimony from designers and experts, and put on product demonstrations and mock-ups to convince the jury.

At times, their questions drew testimony that offered glimpses behind the corporate facade, such as the margins on the iPhone and Samsung’s sales figures in the United States.

From the beginning, Apple’s tactic was to present what it thought was chronological evidence of Samsung copying its phone.

Juxtaposing pictures of phones from both companies and internal Samsung emails that specifically analysed the features of the iPhone, Apple’s attorneys accused Samsung of taking shortcuts after realising it could not keep up.

Samsung’s attorneys, on the other hand, maintained Apple had no sole right to geometric designs such as rectangles with rounded corners. They called Apple’s damage claim “ridiculous” and urged the jury to consider that a verdict in favour of Apple could stifle competition and reduce choices for consumers.

The California trial has produced its share of drama and heated moments. Lawyers routinely bickered over legal matters in the jury’s absence, filed rafts of paperwork to thwart each other’s courtroom strategy, and sometimes even resorted to public relations tactics to make their views known. A number of companies that sell smartphones based on Google’s Android operating system may now face further legal challenges from Apple, a company that is already among the largest and most profitable in business history.

Shares in Apple, which just this week became the biggest company by market value in history, climbed almost 2 per cent to a record high of $US675 in after-hours trade.

UPDATED! August 28, 2012: Apple is seeking speedy bans on the sale of eight Samsung phones, moving swiftly to capitalise on its resounding court victory over its arch-foe. The world’s most valuable company wasted no time in identifying its targets: eight older-model smartphones, including the Galaxy S II and Droid Charge.

While Apple’s lawsuit encompassed 28 devices, many of those accused products are no longer widely available in the world’s largest mobile market.

Although Samsung’s flagship Galaxy S III phone was not included in the trial, the jury validated Apple’s patents on features and design elements that the United States company could then try to wield against that device.

Many on Wall Street believe Apple now has momentum behind it in the wake of its near-complete triumph over the South Korean company on the weekend. Apple was awarded $US1.05 billion in damages after a US jury found Samsung had copied critical features of the iPhone and iPad.

Samsung, which sold around 50 million phones between April and June – almost twice the number of iPhones – will have to pay damages equivalent to just 1.5 per cent of the annual revenue from its telecoms business.

The verdict could lead to an outright ban on sales of key Samsung products. An injunction hearing has been set for September 20.

If US District Judge Lucy Koh grants sales bans, Samsung is likely to try to put them on hold pending the outcome of its appeal.

Apple’s court win strengthens its position ahead of the iPhone 5’s expected launch on September 12 and could cement its market dominance as companies using Google’s Android operating system – two-thirds of the global market – may be forced to consider design changes, analysts say.

RELATED: Apple vs Samsung Saga


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