Wednesday, 30 January 2013

JUDGE KOH: SAMSUNG DID NOT WILFULLY INFRINGE APPLE'S PATENTS. HUH?


JUDGE KOH: SAMSUNG DID NOT WILFULLY INFRINGE APPLE'S PATENTS. HUH?

Good afternoon, Synapse Circuit Readers... I’ve just had a lovely mug of coffee! The Sun is out – even though it’s very windy it’s quite warm!

If you have been enjoying the ringside seat to the Apple vs. Samsung fight then you would have read the above headline.


THE DECISION 

In the latest episode of the Apple vs. Samsung patent war, judge Lucy Koh has decided that Samsung did not infringe Apple's patents wilfully, therefore overturning one element of the jury's ruling from August 2012.

Originally, the jury had determined Samsung's infringement of Apple's patents was wilful in several instances and threatened to triple the $1.05 billion damages granted to Apple. Both Apple and Samsung were unhappy with the verdict: Apple not only asked for increase in damages but wanted to remove Samsung products from US stores, while Samsung, understandably, wanted an entirely new trial.

"To establish objective wilfulness, Apple must prove by clear and convincing evidence that there was an 'objectively high likelihood that its actions constituted infringement of a valid patent'," states Koh in the new ruling.

However, since Samsung managed to prove it believed the infringed patents were invalid, it could not have infringed them wilfully.

On the other hand, the original $1 billion ruling has been upheld and Samsung has been denied motion for a new trial.

Both companies can still appeal certain elements of the ruling, so we probably haven’t heard the last of this ongoing war.

MY OPINION: BLUE GENE
Considering that Apple has had patents invalidated recently the $1.05 billion damages awarded to Apple should also be nullified.

This latest ruling does not make sense because the case can be made that Apple fraudulently claimed patents that it didn’t have any rights to. Also Apple should be fined for wilfully sabotaging the trade of the competition unfairly. Apple couldn’t compete and therefore sought to deride the competition with slanderous comments of technology ownership and theft.

The proof is in the unimaginative iPhone 5. Just look at the iPhone 5 in comparison to the beautiful devices that are the Galaxy SIII and Note II. It’s no wonder that handset vendors in the UK recommend these two Samsung handsets over the iPhone 5.

I think Apple should pay damages for the slander. Apple should also pay a fine for being a bad competitor.

At the very, very least one could say that Apple’s bill for the inadvertent Samsung ads was worth it just for the fact that it showed the world that Samsung is without a doubt superior when it comes to design and the execution of the design.

I really would like for Apple to stop behaving like a spoiled little brat and become competitive with innovation; they owe it to their dedicated fans / users. Jobs and Cook think that they can laugh off and deride the competition but the products speak for themselves.

Verdict: Mistrial.

Thank you for reading!

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