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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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EdwardS956
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EdwardS956,
User Rank: Apprentice
5/5/2014 | 1:14:33 PM
Is Apple selling betamax
"...(Apple) has also continued to lose market share as Android...  Apple has consistently stated that it doesn't want to sell the most devices; it wants to sell the best devices."  Sounds like the old betamax vs VHS battle all over again.
Susan Fourtané
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Susan Fourtané,
User Rank: Ninja
5/5/2014 | 3:12:03 PM
Re: Is Apple selling betamax
Edward, 

"Apple has consistently stated that it doesn't want to sell the most devices; it wants to sell the best devices."

It seems like it doesn't matter how many times Apple states that; some people love to create a war between iOS and Android where there is no real war. Apple can't care less about how many devices Samsung sells. Apple wants its patents to be respected. Who wouldn't. Samsung consistently has violated quite many Apple patents. 

-Susan 

 
Thomas Claburn
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Thomas Claburn,
User Rank: Author
5/5/2014 | 4:40:08 PM
Re: Is Apple selling betamax
But Apple does care about the number of devices Samsung sells. It can't afford to ignore market share completely. It has seen what happened to BlackBerry.
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?
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/5/2014 | 5:38:05 PM
Android vs Apple
Samsung will be the one hunting Apple down for patent infringement in the future because Apple no longer innovates. http://youtu.be/GQl47P9grhc
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.
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?
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.
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.
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 | 10:36:38 PM
Re: Android vs Apple
https://www.youtube.com/watch?v=1S0drmOW2kY&app=desktop
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 | 10:43:32 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 | 11:14:20 PM
Re: Android vs Apple
The number of national (Korea) patent applications of Samsung was 94,293, and the number of national (US) patent applications of Apple was 5,205 between the year 2002 and 2011. Quantitatively, Samsung applied 18 times more patents than Apple did.
Susan Fourtané
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Susan Fourtané,
User Rank: Ninja
5/6/2014 | 12:25:47 AM
Re: Android vs Apple
Liquidfire, 

"Quantitatively, Samsung applied 18 times more patents than Apple did."

Who cares about quantity when quality is what really matters? 

-Susan
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/6/2014 | 1:12:04 AM
Re: Android vs Apple
The reason why mac's don't see much action in the way of viruses is do to lack of numbers. Why put so much work into something that that will only affect less than 20 percent of the market. Mac's may be constructed from the finest fairly dust money can buy, but much like fairy dust they are useless if they cannot fulfill the tasks I require of them. If I had a dime for every time and iPhone user has asked to borrow my Samsung Note 3 so that they could perform a task that they could not complete on iPhone, I'd have a lot of dimes. You can build the prettiest house in town out of the best materials available but it's of little enjoyment if your not allowed to rearrange the furniture.
Susan Fourtané
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Susan Fourtané,
User Rank: Ninja
5/7/2014 | 1:12:37 AM
Re: Android vs Apple
Liquidfire, 

"Why put so much work into something that that will only affect less than 20 percent of the market."

That kind of thinking is from ages ago. :D You need to update your Mac information. Anyway, it's a useful way of thinking so no one wastes their time in trying to infect Macs if there are so many PCs available which are an easier target. :) Let's keep it this way.

-Susan 
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/7/2014 | 1:29:34 AM
Re: Android vs Apple
My apologies, I was incorrect. Mac's did not enjoy 20 percent of the market. The number was closer to 13. Down from 14 percent the year before. http://money.cnn.com/2013/10/10/technology/mac-pc-sales/
Susan Fourtané
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Susan Fourtané,
User Rank: Ninja
5/7/2014 | 1:40:36 AM
Re: Android vs Apple
Liquidfire, 

Lovely! :) That only means Macs are safe.  To celebrate I send you this little token, but I doubt your PC can understand it. :D  That was nice for a year old update. 

-Susan 
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/7/2014 | 1:53:01 AM
Re: Android vs Apple
By about 7 months to be more precise. I would love to give you this year's numbers but as you failed to notice it will be many months till the 4th quarter information can be released. So unless Apple patients a time machine we will have to wait for that little conversation.
Susan Fourtané
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Susan Fourtané,
User Rank: Ninja
5/7/2014 | 2:03:09 AM
Re: Android vs Apple
Liquidfire, 

I didn't fail to notice the information. It's simply unimportant. Neither Apple nor us worry about that. We are a happy bunch as things are. The quartely information is just to give you guys something to entertain yourselves. :D

-Susan  
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/7/2014 | 2:14:23 AM
Re: Android vs Apple
But it was important enough for you to compel me to update my mac information. Number don't lie, they do not take sides, they simply are. I can't say my curiosity wasn't stirred though so I did look up the Q1 numbers.....11 percent US market. Not a promising start.
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/7/2014 | 1:44:22 AM
Re: Android vs Apple
Ok I've railroaded you guys enough so I'll throw you a few bones. My wife loves her iphone (when she's not stealing my Note) and I do quite enjoy Final Cut (I just can't justify buying a mac for one program)
Susan Fourtané
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Susan Fourtané,
User Rank: Ninja
5/7/2014 | 2:12:38 AM
Re: Android vs Apple
Liquidfire, 

Your wife sounds like a smart woman. I am pretty sure she only borrows your Note to make you happy. :) 

Yes, I know. Final Cut is a magical experience on Mac. Final Cut for Windows is not the same great experience, of course. :D

-Susan  
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/7/2014 | 2:17:45 AM
Re: Android vs Apple
Yes I've never been able to duplicate the same quality of work from after effects or premier.
Susan Fourtané
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Susan Fourtané,
User Rank: Ninja
5/6/2014 | 12:12:16 AM
Re: Android vs Apple
Liquidfire, 

Apple no longer innovates or no one innovates anymore because everything has already been invented?

Other than copying Apple, what has Samsung innovated?

What else do you want in a phone that you use for a year, never learn to use all its feautures, and replace it soon after a new one is on the market? 

At the fast pace that smartphones are launched you can only get improvement in what already exists. Most consumers demand without knowing well what exactly they are demanding. 

-Susan
tooltalk
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tooltalk,
User Rank: Apprentice
5/7/2014 | 7:13:48 AM
Re: Android vs Apple
Well, Samsung's patents are mostly used defensively, I don't think they are going to change their strategy just because of Apple.

 

Apple's patents on the hand are being invalidated left and right.  I never had any doubt Samsung copied Apple, but what's crazy about these lawsuits is that Apple actually received patents for slide-to-unlock, multitouch, photo-gallery scrolling, etc -- many of which are now invalidated.
Liquidfire3d
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Liquidfire3d,
User Rank: Apprentice
5/7/2014 | 10:12:50 PM
Re: Android vs Apple
Spot on sir!
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.

 
Susan Fourtané
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Susan Fourtané,
User Rank: Ninja
5/6/2014 | 12:57:30 AM
Re: Apple Is All About waging Mad-Dog War to warn its opponents.
JameKatt, 

" . . . with all of its lies and blatant copying history - [Samsung] has avoided blatantly copying Apple with its recent products."

Don't you think that's, in fact, the way it has to be? There is no virtue in that.

-Susan
KosanyaD825
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KosanyaD825,
User Rank: Apprentice
5/6/2014 | 11:04:50 AM
Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
5/9/2014 | 4:20:21 AM
Not so sure on a couple of points
I'm not really seeing this as a campaign against Android... This litigation would have happened if it was LG or HTC, I tend to think.

> as Android and its supporters have out-innovated Apple in recent quarters

Android has certainly sold more, but out-innovated?
mak63
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mak63,
User Rank: Ninja
5/12/2014 | 4:41:26 AM
Re: Not so sure on a couple of points
@joe

I'm not really seeing this as a campaign against Android... This litigation would have happened if it was LG or HTC, I tend to think.

Perhaps the rest of the phones manufactures are next. Isn't this feature in all the phones already?

 
Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
5/12/2014 | 8:40:09 AM
Re: Not so sure on a couple of points
I think a big part of the Apple-Samsung litigation was that Samsung was also manufacturing their products to look like Apple products in terms of shape and style.
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