South Korean Court: Apple v Samsung; Both Parties Infringed; Samsung Didn't Copy

[dgstorm]

With all of the media focus on the U.S. trial of Apple vs. Samsung, it's easy to lose track of the other cases going on around the world between the two juggernauts. The South Korean case just wrapped up and the court ruled that Samsung did not "slavishly copy" Apple's designs. Both sides were found to be infringing upon each other's patents though. Here's a breakdown of the results:

Samsung’s products infringed Apple’s ‘bounce-back’ patent -

• Samsung's Galaxy S, Galaxy S II, Galaxy Nexus, Galaxy Tab and the Galaxy Tab 10.1 have been banned from South Korea.
• Samsung will have to pay 25 Million won in damages (which amounts to about $22,000 Dollars.)

Apple's products infringed two of Samsung's patents related to wireless transmission of data -

• Apple's iPhone 4 and iPad 2 have been banned from South Korea
• Apple will have to pay 40 Million won in damages (which amounts to about $35,000 dollars.)

As far as Apple's "trade dress" arguments are concerned, (that's the accusation of copying), here was the South Korean judge's statement,

There are lots of external design similarities between the iPhone and Galaxy S, such as rounded corners and large screens … but these similarities had been documented in previous products,” a judge at the Seoul Central District Court said on Friday.

The court also stated that there was "no possibility" of confusion between Apple and Samsung products for consumers.

Obviously, both parties are likely to appeal these decisions, but at least we are seeing some progress. The case was mostly a "wash" for both parties. Now, if we could just get the U.S. judge and jury to pay attention to the South Korean case, maybe some fair and equitable result can be attained in the U.S. as well.

Source: AndroidPolice

 

[cobravnm13]

That's harsh for Samsung, but at least crapple got what they deserved.

Sent from my 3rd reincarnation of the ever-so-lovable Droid

 

[akhenax]

I may be in the minority here on DroidForums, but I think Samsung did copy, just not as much as Apple is saying they did. When I look at the Galaxy Tabs, yes they look similar to the iPad, but the shape is different. Their Android phones remind of of Apple iPhones, but looking at one I wouldn't confuse it with an iPhone. Some design elements such as icons were copied. I remember an event Samsung had, where they were displaying their new phones, and in the press event picture some of the icons were from the iPhone.

Check out this article about Samsung copying the Apple Store: http://mashable.com/2012/08/23/samsung-copy-apple-store/

Samsung should get their peepee slapped, but not at the sum of 2.5 billion dollars.

 

[pc747]

I may be in the minority here on DroidForums, but I think Samsung did copy, just not as much as Apple is saying they did. When I look at the Galaxy Tabs, yes they look similar to the iPad, but the shape is different. Their Android phones remind of of Apple iPhones, but looking at one I wouldn't confuse it with an iPhone. Some design elements such as icons were copied. I remember an event Samsung had, where they were displaying their new phones, and in the press event picture some of the icons were from the iPhone.

Check out this article about Samsung copying the Apple Store: http://mashable.com/2012/08/23/samsung-copy-apple-store/

Samsung should get their peepee slapped, but not at the sum of 2.5 billion dollars.

well you not the only one I have expressed many times i felt samsung copied apple, its just given ios has notification bar and pull down windows its obvious apple was doing some copying as well.

 

[tjk629]

How could they ban the Galaxy Nexus! It's the purest and innocent of all the Android phones :frown:

 

[armeddroid]

How could they ban the Galaxy Nexus! It's the purest and innocent of all the Android phones :frown:

I am a bit confused with that too.
There is no way you can mistaken a GNex over an Iphone.

 

[tjk629]

I am a bit confused with that too.
There is no way you can mistaken a GNex over an Iphone.

Something to do with voice commands and siri I think.

 

[armeddroid]

Something to do with voice commands and siri I think.

? Really.
And now Googlerola is about to hit Apple up with the exact same lawsuit?
Smh.

 

[Droidram56]

The consumer is the real loser here. Products are being taken off the market and guess who ultimately pays the litigation cost?

 

[kodiak799]

This is a great decision. They ban BOTH major products, slap both with essentially a penny judgement (which is equivalent to saying "yeah, you're right but you're an idiot"). And, as expected, only the lawyers get rich.

Pretty clear signal to grow-up and stop wasting the time of the courts.

 

[armeddroid]

This is a great decision. They ban BOTH major products, slap both with essentially a penny judgement (which is equivalent to saying "yeah, you're right but you're an idiot"). And, as expected, only the lawyers get rich.

Pretty clear signal to grow-up and stop wasting the time of the courts.

+1
I concur.

 

[tjk629]

The consumer is the real loser here. Products are being taken off the market and guess who ultimately pays the litigation cost?

The only people who win in patent and copyright cases are lawyers. Doesn't matter if they win or lose, they still get paid a butt load of money.

Honestly, in the end I wonder who was really pushing these cases. Apple or Apples lawyers.

 

[dgstorm]

The only people who in patent and copyright cases are lawyers. Doesn't matter if they win or lose, they still get paid a butt load of money.

Honestly, in the end I wonder who was really pushing these cases. Apple or Apples lawyers.

It reminds me of those scary law-firm conspiracy movies like "Runaway Jury" and "The Firm."

 

[pc747]

I could see a group of lawyers now.

"I got an idea how to score the big one. IMA go to apple and put a bug in their ear about the potential loss in revenue they are facing as a result of the galaxy s. I will pile it on thick about how the galaxy s just looks like a Chinese knockoff of the iPhone. You go to Samsung and get them angry and ready to sue. Nevermind the money they going to pay us and the courts will be more than what the potential loss they felt they lost in revenue, they will be so busy fighting the case that they will spend boat loads of money. Oh and we should convince them to fight in multiple courts so we can make even more money. This is gonna be awesome after we pull this job we will be able to retire on an island".

Sent from my Galaxy Nexus using Tapatalk 2

 

[kodiak799]

I'd bet money Apple has a huge in-house legal team (Samsung likely as well). I've seen first-hand the kind of BS in-house legals teams will produce. The explanation is simple: they have to justify their value to the company. Hence the absurd kind and number of patent filings, and the legal battles.

And the egos....forget working on a budget, they delude themselves into thinking the company's competitive edge, even it's survival, depends on them.