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5/5/2014
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Apple Vs. Samsung: Apple Wins Battle But Losing War?

A jury finds Samsung guilty of infringing Apple's patents, but Apple's courtroom victories aren't slowing Android's smartphone market success.

Microsoft Office For iPad: 7 Questions Answered
Microsoft Office For iPad: 7 Questions Answered
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Apple scored another win from a California jury late Friday afternoon. The jury ruled mostly in Apple's favor, agreeing that Samsung violated some of Apple's patents and owes the iPhone maker damages. The amount awarded, however, was less than 5% of what Apple wanted. Further, Apple was found to have violated one of Samsung's patents. Apple's "holy war" against Android has scored victories in individual skirmishes, but the larger campaign is going nowhere.

The trial, held in San Jose during April and presided over by US District Court Judge Lucy Koh, went to the jury just last week. Where the first trial, held in 2012, focused mostly on hardware, this trial focused on software and individual features of the iOS and Android operating systems. The members of the jury spent three and a half days deliberating the case before coming to a decision.

Apple alleged Samsung had violated four patents. The jury saw differently, convicting Samsung of violating two patents: data tapping (making calls from within an email) and auto-complete. Judge Koh had found Samsung guilty of violating Apple's slide-to-unlock patent earlier in the trial. The jury cleared Samsung of violating a patent related to Siri and another related to data synchronization.

[Samsung turns to software development as its competition against Apple and Google heats up. Read Samsung's Next Frontier: Apps.]

The jury awarded Apple $119.6 million in damages for the data-tapping and slide-to-unlock patents, but it didn't award any damages for the auto-complete patent. Koh ordered the jury to reassess the auto-complete damages, saying that Apple is due some sort of award for the violation. The jury reconvenes Monday to deliberate on a dollar amount. Whatever amount the jury agrees on will likely not come close to the $2.2 billion Apple believed it was owed. The $119.6 million awarded by the jury is peanuts in comparison, and it might not even cover the expense of the trial itself. Most importantly, Apple was unsuccessful in preventing Samsung from selling the infringing devices in the US.

(Source: samsung-updates.com)
(Source: samsung-updates.com)

Samsung managed to score a minor victory itself during the trial. It had alleged that Apple was violating two of its patents. The jury agreed on one count and awarded Samsung $158,000.

Apple was awarded $930 million in the 2012 trial. With the two verdicts combined, Samsung might owe Apple more than $1.05 billion. That's a huge chunk of change, no doubt, but Samsung is still free to sell the infringing devices in the US and other markets. Android, the operating system on Samsung's devices, has made incredible strides in conquering the worldwide smartphone market. Globally, Android is on 78% of smartphones. Android debuted about 15 months after Apple's first iPhone and surpassed it quickly, thanks to support from dozens of manufacturers that have churned out wave after wave of impressive devices.

Meanwhile, Apple has done little more than to iterate on the iPhone over the last few years. It still sells tens of millions of iPhones each quarter, but it has also continued to lose market share as Android and its supporters have out-innovated Apple in recent quarters. Apple has consistently stated that it doesn't want to sell the most devices; it wants to sell the best devices.

Apple has court cases pending against Samsung and other smartphone makers in countries around the world. It may have technically beat Samsung in the US last week, but the small damages awarded are clearly more of a win for Samsung than for Apple. Apple might do well to pause and reassess just how effective its anti-Android campaign has been and what priorities it should be moving forward.

What do Uber, Bank of America, and Walgreens have to do with your mobile app strategy? Find out in the new Maximizing Mobility issue of InformationWeek Tech Digest.

Eric is a freelance writer for InformationWeek specializing in mobile technologies. View Full Bio

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Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/5/2014 | 10:43:32 PM
Re: Android vs Apple
http://www.forbes.com/sites/timworstall/2013/06/02/apple-loses-the-european-design-patent-case-against-samsung/
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/5/2014 | 10:40:00 PM
Re: Android vs Apple
http://mobile.bloomberg.com/news/2012-08-31/apple-loses-japan-patent-lawsuit-against-samsung-over-devices.html
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/5/2014 | 10:36:38 PM
Re: Android vs Apple
https://www.youtube.com/watch?v=1S0drmOW2kY&app=desktop
melgross
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melgross,
User Rank: Ninja
5/5/2014 | 10:29:27 PM
Re: Android vs Apple
Samsung has lost its lawsuits in the EU against Apple. They've also lost most of them in their own country of S Korea.
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/5/2014 | 9:55:52 PM
Re: Android vs Apple
Sammy's' patient portfolio is pretty impressive but it's not a US company so our judges are sympathetic to Apple. European courts tell Apple where to stick it.
Gary_EL
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Gary_EL,
User Rank: Ninja
5/5/2014 | 9:46:30 PM
Re: Android vs Apple
Not at all! But it's time for Samsung to do some of the inventing.
JameKatt
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JameKatt,
User Rank: Apprentice
5/5/2014 | 8:46:11 PM
Apple Is All About waging Mad-Dog War to warn its opponents.
Apple is willing to spend billions of dollars against any opponent who violates its patents. It doesn't matter if it ultimately wins or not.  It doesn't matter if it spends every billion it has.

Just showing any and all opponents that is is willing to go MAD-DOG to an all out war, means that any opponent better watch its step and not blatantly copy Apple's intellectual property.

Even Samsung realizes this.  This is why Samsung - with all of its lies and blatant copying history - has avoided blatantly copying Apple with its recent products.  

What they are currently waging was done by Samsung years ago.

Samsung has deliberately tried to differentiate itself from Apple even if it copies some general theme (such as fingerprint readers) that is not protected intellectual property.  For example, Samsung has included fingerprint readers in its latest greatest smartphone - to copy Apple. But it did not blatently violate any of Apple's patents for fingerprint readers.

 
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/5/2014 | 8:05:39 PM
Re: Android vs Apple
I totally agree...because everything that will ever be invented....has... been invented?
melgross
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melgross,
User Rank: Ninja
5/5/2014 | 8:04:59 PM
Re: Is Apple selling betamax
Apple is doing pretty well there. We know that most of Samsung's smartphone sales are on the low end, from which they make little profit. We also know that Apple outsells Samsung on the high mid and high end by several times. In addition, we also know that more Android users move to iOS than the other way around. The new iPhones should make further dents in Samsung's most profitable businesses. As we all should know, Samsung,s sales and shipment numbers are just guesses. What's the likelihood that real world Samsung sales are close? Not too likely. Every time we see Samsung's real quarterly numbers, from lawsuits, they turn out to be about half of what clueless analysts, and both Gartner and IDC claim. Tablet sales are even worse, sometimes being no more than 10% of what the shipment numbers claim. So, knowing all of that, which company could end up in trouble?
melgross
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melgross,
User Rank: Ninja
5/5/2014 | 7:58:49 PM
Re: Android vs Apple
That's not likely as Samsung has already used all of its ammunition. The patents that aren't licensed under FRAND are junk patents, and both the USA and EU governments have banned motorola and Samsung from using them for injunctions or large monetary fees. In other words, Samsung's got nothing.
<<   <   Page 3 / 4   >   >>
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