Saturday, August 25, 2012

Apple, Samsung Verdict: Implications?


Will Samsung appeal? Will there be judicial review of the amount? There was when the jury awarded billions to Oracle in its fight with SAP.

Will the appeal last a long time? How long?

This is Google's loss more than Samsung's. If Android came before the iOS, why is Android losing legal battles?

Samsung has to take this decision through the appeal process.

If an injunction were to take effect, how exactly would you apply it? Do we see empty stores? How does that work? It feels Soviet.

I can easily see conflicting verdicts on the same tussle around the world.

Samsung Galaxy S III is a superior phone to the iPhone 4. Will not iPhone 5 have copied the Samsung Galaxy S III? Because, when you copy, you can only hope to be as good, if that.

Samsung is not a clear loser. But Google is. For simply not fighting back hard enough.

A Verdict That Alters an Industry
Samsung .. lost on almost every count ..... Google, which makes the Android software that runs at the core of Samsung phones, will clearly feel an impact .... Most popular smartphones today are a slab of glass and metal controlled through a touch-screen full of icons arrayed on the screen. .... the user interface — the icons and other features that users see and touch — of the Nokia Windows phones look distinctly different from the iPhone. Nokia, a longtime maker of phones, also has a thick portfolio of patents to protect itself. .... Android phones are the most common smartphones on the market today. Samsung is the world’s largest maker of smartphones and it has been quickly gaining market share. Collectively, the various Android phones from Samsung and other makers easily outsell Apple’s iPhones. .... While Google is not involved in this case, Apple was clearly going after Android all along .... “It’s not good news for Google ..... Apple’s real target is the Android ecosystem, the Android world, everything having to do with Androids. That’s really what they are targeting here.”
Jury Awards $1 Billion to Apple in Samsung Patent Case
That is not a big financial blow to Samsung ..... Consumers could end up with some welcome diversity in phone and tablet design — or they may be stuck with devices that manufacturers have clumsily revamped to avoid crossing Apple. ...... Samsung said it would ask the court to overturn the verdict and, if that is unsuccessful, appeal to a higher court. ..... Because Samsung was found to have willfully infringed Apple patents, the judge in the case could grant an Apple request to triple the damages Samsung is required to pay, though lawyers said the size of the initial award made this less likely. ....... the eye-popping award, one of the largest ever in a patent case .... Apple’s suit against Samsung, the world’s largest maker of smartphones, has partly been viewed as a proxy war against Google ..... Apple is expected to ask the judge in the Samsung case for an injunction preventing Samsung from shipping products that infringe on Apple’s patents. The verdict could also bolster Apple’s legal attacks on Android devices from other companies. ..... the iPhone inspired a major effort by the Korean manufacturer to overhaul its mobile phones. .... The verdict in the trial hardly concludes the legal battles over patents among companies in the mobile business. There are dozens of such cases winding their way through the courts; Samsung and Apple have also been battling in Germany, Australia and elsewhere. Even so, Samsung remains a major supplier of components for Apple products. ..... Samsung said in a statement that the decision was a “loss for the American consumer.” ...... “It will lead to fewer choices, less innovation, and potentially higher prices,” the company said. “This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims.”
Counterintuitive: Did Samsung emerge a winner?
Samsung may have come out ahead even with the court loss. ..... Samsung also sells an array of products that Apple doesn’t and setting up the comparison with Apple worked out well for the entire company ..... “It only cost $1 billion to become the #2 most profitable mobile company. Remember how much Microsoft paid for Skype? $8 billion. So, for 1/8th of a Skype Samsung took RIM’s place and kicked HTC’s behind…I bet that RIM wishes it had copied the iPhone a lot sooner than it did. So does Nokia, I bet. Samsung is a much healthier company than any of those BECAUSE it copied the iPhone” ....... Samsung does $1 billion in revenue every 2.4 days. .... PR win: Any phone Samsung launches will be super hyped — and compared to Apple ..... could actually help cement Samsung’s place atop the global smartphone market. As a “fast executioner”, Samsung should be able to churn out new devices that don’t infringe on Apple patents and avoid any potential ban. ..... more than a dozen pending cases elsewhere around the globe, the Samsung brand has gained recognition — as an equal to Apple rather than merely a supplier.
Samsung’s exposure: It can survive the Apple hit
Samsung is much more than a phone maker, but its smartphone business has been a growth juggernaut in recent years as its Galaxy line has emerged as the flagship brand for Android phones and the iPhone’s one legitimate challenger in the smartphone wars. ...... If Apple’s patents are held to be valid, Samsung could be forced to redesign its phones and their user interfaces. It’s found a recipe for success in the Galaxy line, but now it may have to change up the ingredients.

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