back to article Greedy Apple told it can't triple Samsung's $1bn patent payout

Apple will not get triple damages in its epic US mobile phone patent infringement trial against Samsung, sparing the South Koreans from writing a $3bn cheque. US Judge Lucy Koh has had enough of the warring rivals, and published a raft of rulings halting the companies' attempts to alter the trial jury's findings. Samsung was …

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  1. Anonymous Coward
    Stop

    As ever, only the lawyers win...

    1. Richard 120

      The house ALWAYS wins

      But not as much as they could have done if they'd managed to get a retrial.

    2. Anonymous Coward
      Anonymous Coward

      Hmmm I'd call 1bn a pretty tidy win as well?

      1. Richard 120
        Unhappy

        why the downvotes?

        I was saying that the lawyers would win more in the event of a retrial, not either of the companies which have to pay the lawyers, by the hour (or minute) I expect.

        It's in the lawyers interests to go for a retrial to make the job last longer, win, lose or draw they're still going to get paid, why else would Apple lawyers be arguing for a retrial?

    3. Anonymous Coward
      Anonymous Coward

      Problem is 1bn on top of the 137bn cash pile is pretty small change for Apple but every little helps...

      1. Anonymous Coward
        Anonymous Coward

        And for Samsung $1Bn is probably a small part of their next fab upgrade!

        1. Anonymous Coward
          Anonymous Coward

          I would not bother since Apple are buying their chips elsewhere and if I were Motorola, Sony or someone else I'm not sure I would go first to my competitor with a history of copying their customers stuff?

    4. Shagbag

      Pyrrhic victory for Apple

      Apple may have one the battle but they've lost the war. And when Samsung's appeal is heard it's going to be glorious. Apple are going to be smacked down and bitch-slapped like nothing before. It will be the Mother of All Bitch Slaps. ALLAH U AKBAR!

      1. Anonymous Coward
        Anonymous Coward

        Re: Pyrrhic victory for Apple

        Then you woke up from your (excited) dream to the reality. Samsung are in a much more precarious position than Apple - Samsung are Google's bitch - they make no ongoing revenue and there is no loyalty.

        I'm not arguing Android vs iOS but how many of you reading this who own a Samsung would *definitely* buy another one next time round if say Asus, Motorola, Sony or [insert almost anyone else] made the 'then best' Android handset.

        This is a Google and Apple fight - Samsung are just making hay while the sun shines on them - but for how long?

        1. Avatar of They

          Re: Pyrrhic victory for Apple

          Eh? Samsung are not in a precarious position because of this, everything Apple does is destoying their integrity. iFans on these forums are having enough, lawyers are winning but judges are having enough, everyone is tightening the patent strings to make sure it doesn't happen again but Samsung are innovating, it might not work but they are chucking money at new stuff. Apple are stagnating, living on their past and expecting the world to care about the next iphone.

          I am not a massive fan of samsung but I like their stuff, but from every way you look at it, Apple have lost this petty feud across the world except their homeland of the US, and even now that is just getting tiresome.

          And as for competition in the phone market, there isn't any anymore. Nokia is dead pretty much, HTC is lost in it's own world of sense and stupidity motorola has gone inside google's monolith and sony has split to go it's own way, leaving a much smaller LG and China, who so far haven't done much of worth beyond cheap and cheerful. (And they, the chinese simply won't care for Apple patents as they don't care for VW, BMW or any car manufacturer)

          After this Samsung will carry on making phones, good or bad and Apple will just be remembered as a petty bunch of children, even if the iphone 6 has a new feature, people will remember bad press, and they just don't learn. Granted most moron americans watch fox news and they won't know about any of this because fox news is just ludicrous and full of lies anyway, but those educated (or those on a coast) will know what the truth is. (my sweeping generalisation is of course sweeping)

          1. Mark .

            Re: Pyrrhic victory for Apple

            Agree, though even the "dead" Nokia outsell Apple.

        2. Anonymous Coward
          Stop

          Re: Pyrrhic victory for Apple

          > Then you woke up from your (excited) dream to the reality. Samsung are in a much more precarious position than Apple - Samsung are Google's bitch - they make no ongoing revenue and there is no loyalty.

          What world did you wake up in this morning?

          Samsung are starting to piss all over Apple in both the phone and tablet markets.

          And don't make the mistake of confusing "rabid fanboism" with "brand loyalty'. The best any good company can reasonably expect from their customers is that they are mightily satisfied with the purchase that they made.

          A lot of people buy Apple products *despite* their being shite (exhibit A: iPhone5 and the maps debacle). I would much rather someone bought my phone, because they really liked it. There is a lot more long term mileage in that.

          1. Anonymous Coward
            Anonymous Coward

            Re: Pyrrhic victory for Apple

            "A lot of people buy Apple products *despite* their being shite (exhibit A: iPhone5 and the maps debacle). "

            How many people bought an iPhone x BECAUSE it has a map application?

            Precious few I suspect.

            OK, so Apple Maps is "less good" than Google Maps in a defined set of cases. The reverse is also true, and in any case, Google wouldn't offer facilities what Apple wanted in a maps app., so their hand was pretty much forced. Whooped-de-doo. Bad press from the Apple hating part of the tech press. Rabid fandroids wet themselves in self congratulation.

            Meanwhile, back on planet earth, Apple posts $50+ billion in yearly earnings. Obviously, lots of people do not think that a maps app is the decisive element of the package and thus don't think it is shite. An iPhone is not shite because one app is imperfect.

            Anyway, why do you think a maps application is a defining and important feature of a smartphone and of decisive importance? I had an iPhone until recently, and I have never opened the maps app. even once. YMMV, but I suspect I may be in the majority.

            Your ramblings about brand loyalty and company expectation demonstrate ignorance more than anything else. Fortunately you do not run a major consumer product corporation.

            1. Mark .

              Re: Pyrrhic victory for Apple

              For me and many others, knowing my position with maps and satnav to find anywhere I want to go, for anywhere in the world, is one of the killer features of phones. Far more so than 100,000 fart apps or website wrappers.

            2. Anonymous Coward
              Anonymous Coward

              Re: Pyrrhic victory for Apple

              I think you'll find that sales of standalone GPS devices are plummeting and the reason for this is that most people are using their phones mapping feature. That you don't just means you're either a child and your parents take you everywhere or you're a pretty boring stay at home that never goes anywhere new ... or you already have a GPS device for cycling/running/driving.

              I personally wouldn't buy a phone without a usable mapping/nav feature. It's about the only must have feature of a smartphone.

        3. Anonymous Coward
          Anonymous Coward

          Re: Pyrrhic victory for Apple

          I'll buy Samsung. I've used their monitors for years. At my price point they are the best and have been rock solid reliable. The whole family have Samsung phones ... and you're right come end of contract we will be looking at Nokia and perhaps Blackberry, but that is about as far as we'll look beyond Samsung ... why no other 'driod manufacturer ... mostly because what distinguishes 'the best' from the rest is pretty insignificant and we're more happy to trust a company that has proven reliable.

          Personally I see no difference between Apple and Samsung ... they are just hardware manufacturers and it could just as easily be said that Apple are just making hay while the sun shines on them.

          At least Samsung as a company doesn't just make 'phones and toys ... Apple on the other hand is a single trick pony.

    5. Chris007
      Flame

      You'd think

      that apple would get enough money from the exorbitant prices they charge for extra storage from one model to the next.

      retailers

      16gb sdhc card $12

      128gb sdhc card $120 dollars

      So you pay $10810 for another 112gb of storage

      Apple reality

      16gb iPad $499

      128gb iPad $799 (likely price)

      So you pay $300 for another 112gb of storage

      FFS at least Dick Turpin had the good grace to wear a mask when he used to steal from people

      1. Anonymous Coward
        Anonymous Coward

        Re: You'd think

        And how is that in ANY way relevant to this article other than it mentions Apple go tr0ll elsewhere.

        1. Chris007
          Trollface

          Re: You'd think @AC 14:13

          Relevance?

          How about Apple wanted to treble the fine to £3bn. My post was that given how much they charge for extra storage they don't really need that money.

          Now, now mr Anon stop crying.

  2. NogginTheNog
    FAIL

    No such thing as bad publicity

    Tbh I hadn't really taken much notice of Samsung until this whole thing blew up, but have now started to notice their products above all the other shiny black boxes and toys on the market. Yes it's cost them a billion, but it's also made them something of a name.

    Good one Apple!

    1. Anonymous Coward
      Anonymous Coward

      Re: No such thing as bad publicity

      Agreed. Apples reputation as a company in SV is about as low as it could possibly be.

    2. Geoff Campbell Silver badge
      Facepalm

      Re: No such thing as bad publicity

      Ask Gerald Ratner...

      GJC

      1. Dave 15

        Re: No such thing as bad publicity

        Or that Stephen Elop idiot... at least Ratner realises he cocked up

    3. Anonymous Coward
      Anonymous Coward

      Re: No such thing as bad publicity

      "No such thing as bad publicity"

      Tell that to Jimmy Saville et al.

    4. Anonymous Coward
      Anonymous Coward

      Re: No such thing as bad publicity

      (or) Tbh I hadn't really taken much notice of Samsung until this whole thing blew up, but for doing this I would definitely not buy any of their products.

      1. Da Weezil

        Re: No such thing as bad publicity

        and yet only yesterday I took delivery of a nice shiny white S3 i9305 LTE... I had looked at an ishiney... but despite having a 27inch Imac here I decided to stick with the droid, and while i wouldn't buy another sammy TV after the last one died at 14 months old.. the phones are a different thing.

        Those who say it is a significant loss for Samsung seem to forget that they make a LOT of electronics.. not just phones

        1. Philip Lewis
          Coffee/keyboard

          Re: No such thing as bad publicity

          "Samsung seem to forget that they make a LOT of electronics.. not just phones"

          Quite a bit of which is in iPhones. We are expecting, and seeing Apple move away from Samsung as supply contracts expire. AFAIK Samsung doesn't have any specific, compelling tech. that Apple absolutely requires, cannot source elsewhere.

        2. John H Woods Silver badge

          Re: No such thing as bad publicity

          "while i wouldn't buy another sammy TV after the last one died at 14 months old.."

          Did you ask them to fix it? When my 8+ year LCD packed in before Xmas, I phoned Samsung - just for advice on how repairable it was. They asked me for the S/N and when I told them they said they had had an issue with bad caps on some PSUs on that model. Long story short, free engineer visit and, shortly afterwards it was repaired for free.

  3. Silverburn
    Alien

    'inappropriate damages enhancement'

    Typical legal language. Why not just use...

    "Lets totally take the piss"

    ..like a normal human being?

    1. Destroy All Monsters Silver badge
      Trollface

      We will stop enhancing the truth in three.. two.. one...

      The idea that an "Enrichment center" is actually just a lawyers' club comes to mind.

  4. Steve Todd

    Apple didn't ask for triple damages.

    The legal maximum was triple, but Apple knew that there was no way they would get that. They asked for about $1.4B, which included factors like interest and costs.

    1. Anonymous Coward
      Anonymous Coward

      Re: Apple didn't ask for triple damages.

      Seemed pretty reasonable. Seems Samsung are playing a game where they hope they can flog enough to make up for the legal costs / damages as in a year or two they will be back to making cheap / average handsets, fridges, TVs and microwaves.

      1. Anonymous Coward
        Anonymous Coward

        Re: Apple didn't ask for triple damages.

        Sorry, mistyped, I meant seemed totally unreasonable. Seems Apple are playing a game where they hope they can flog their under powered, over specced and outdated handsets at a massive profit for a while till they find some other idea to copy.

  5. dougal83
    Megaphone

    IMO its been free advertising for Samsung. "It's made Apple look like dicks for patenting a rectangle." said a friend of mine who had reading a couple of articles on the internets.

    Turned Apple into Marmite. lol :-)

    1. Steve I
      Go

      "It's made Apple look like dicks for patenting a rectangle."

      It's made other people look like dicks for thinking that Apple were patenting a rectangle...

      1. Destroy All Monsters Silver badge

        Ok, so it had rounded corners.

      2. PC Paul
        Facepalm

        No, it's all about reputation and expectation.

        What I think the general public have got from prress coverage of all this is that Apple are spending all their time trying to block other people by 'patenting rectangles' rather than developing new shiny stuff, and that Samsung stuff is pretty much as good as Apple but a lot cheaper.

        Neither of which bodes well for Apple.

      3. Anonymous Coward
        Anonymous Coward

        That sort of generalisation is a bit like saying all cars are just a box with 4 wheels (and a steering wheel if you are pedantic) - it's pretty clear that Apple revolutionised the 'tablet' computer with a finger touch screen and Samsung copied it so closely people (including their own lawyers = embarrassing) could not tell them apart.

        1. TeeCee Gold badge
          WTF?

          Funny, my tablet has a "finger touch screen" and it's not an Apple or a Samsung product.

          Just maybe having a touch screen is a generic feature of the form factor.......?

        2. Naughtyhorse

          Apple revolutionised the 'tablet' computer by copying the bloke who first found a way to use a finger touch screen. (as apple always do)

          there fixed it for you.

          1. Anonymous Coward
            Anonymous Coward

            ... copying the bloke who first ...

            And his name? He must be a multi-millionaire as, clearly, it took no effort to design something to use it and then sell that something. What's the name of the brand?

      4. vic 4

        Looking at the down votes, a lot of those same people are on here

        1. vic 4

          RE: same people are on here

          Sigh, theres a couple more. Apple's claim to rectangles was part of their trade dress claims not a patent.

  6. zaax
    Headmaster

    Imaging how many new hospitals 1,000,000,000 U$D would build. The judge should fine Apple 1billion for just being greedy.

    1. Anonymous Coward
      Anonymous Coward

      One, maybe two hospitals, bad example :)

      But yeah they should half the amount just to punish them for being greedy mofos

      1. Silverburn

        Greedy mofos

        Unfortunately, I suspect Samsung would do exactly the same thing, if the roles were reversed.

        Caveat: I do not discriminate against either Apple or Samsung. I hate all lawyers equally.

    2. Anonymous Coward
      Anonymous Coward

      No they should fine Samsung 2bn on the basis that Apple donate 1bn to hospitals / charities (like Product Red) which I bet they would be happy to do.

      1. Anonymous Coward
        Anonymous Coward

        Ok, I don't really understand what's being discussed but Apple are lovely and Samsung are copying bastards! So give Apple 3Bn dollars! And a hospital!

        1. MrZoolook
          Trollface

          "So give Apple 3Bn dollars! And a hospital!"

          As long as it a psychiatric one...

        2. Anonymous Coward
          Anonymous Coward

          And let me add that this AC sockpuppet game is at least marginally more interesting than the interminable, vapid Apple/Samsung flamewar.

  7. Carl
    Thumb Down

    Once this goes to appeal...

    that 1bn will be a distant memory.

    1. Darryl

      Re: Once this goes to appeal...

      Yep. After a few more of these Apple patents that Samsung supposedly infringed are declared invalid based on prior art and obviousness, there won't be anything left to sue over.

      1. Naughtyhorse

        Re: Once this goes to appeal...

        anything left to sue over.

        if corporations are people (clearly they arent, equally clearly a rounded rectoangle cant be paqtented - america is just fucked up) the sammy might have a case for defamation of character.

  8. JaitcH
    Happy

    Poor, poor Apple ...

    not a promising start for their new year.

    All that bad PR for Apple and all that free PR for Samsung. Proves bullying doesn't pay.

    What's that spinning noise coming from Job's coffin?

    1. Anonymous Coward
      Anonymous Coward

      Re: Poor, poor Apple ...

      Time to upgrade that Apple TV?... or iOS 6.1?..

      http://seclists.org/bugtraq/2013/Jan/117

      http://seclists.org/bugtraq/2013/Jan/118

  9. Paul Shirley

    Koh avoiding pointless work

    There was a 3rd party analysis (a real lawyer, not groklaw BTW) soon after the award suggesting the combination of bad verdict form wording and outright error by the jury in filling the form restricted triple damages to a few $10's of million. It's not surprising Koh took the easy way out and rounded that down to zero, rather than fall into the briar patch trying to pick a real figure.

    Given her past behaviour I'm 100% convinced she would have ruled for Apple but for that verdict form cockup. There's precious little justice in this case so far.

    The other aspect is: this is going to appeal, no doubt about it. Nothing Koh does now is likely to stick and I think she knows it. Time is working for Samsung, they're in no hurry because as time passes, Apple's IP shrinks.

    1. Anonymous Coward
      Anonymous Coward

      Re: Koh avoiding pointless work

      Shirley you must be joking! When did Groklaw claimed they are lawyers ?

      1. Paul Shirley

        Re: Koh avoiding pointless work

        Which part of 'real lawyer, not groklaw' don't you understand?

  10. Patrick O'Reilly

    WHAT!?

    There's a giant in South Korea?!

  11. Anonymous Coward
    Anonymous Coward

    Samsung will appeal

    and they have good chances to avoid paying the 1b$.

    You can of course read the court documents but this paragraph on Groklaw website (next to all those official court documents) says it all :

    [quote]The reason she (the judge) found Samsung was not willful is because of all the prior art that their experts testified showed that the Apple patents were invalid. She defends the jury's decision not to accept the prior art, but she accepts that it does prevent a finding of willfulness.[/quote] Pretty neat, eh?

  12. ecofeco Silver badge
    Childcatcher

    Rounded... What?

    Someone just got their corners rounded.

  13. Anonymous Coward
    Anonymous Coward

    Second time

    Second time Samsung has been ordered to pay, so pay, stop copying and get on with it.

    1. Malcolm Weir Silver badge

      Re: Second time

      Adding a little reality into your worldview would be wonderfully beneficial. In this particular situation, law suits have a process, and we're just coming to the end of the first phase, before which no-one had to pay anything. So in legal reality Samsung has not been "ordered to pay" once, let alone twice.

      Next Samsung decides whether to appeal an obviously flawed verdict (and, despite the faboi's drooling, it was obviously flawed: the jury found that a phone infringed a patent for a feature that THE PHONE DID NOT HAVE).

      For parallels, consider Apple's defiance of an actual order in a European court to acknowledge that the Samsung tablets do not infringe Apple's stuff. Apple appealed, lost the appeal, failed to comply with the order, pretended that it would take a large amount of time to comply with the order, then went to great lengths to obscure their compliance with the order.

      Meanwhile, I went to but a large-screen phone with a pressure sensitive stylus from Apple, and turns out they don't have one! How can that be, if Samsung is copying?

      1. Anonymous Coward
        Anonymous Coward

        Re: Second time

        Funny Malcolm, you tell me that law suits have a process (duh!) yet then you are comparing two very different law situations i.e. the one in Europe and the one in the US which were tested against different rules. And even then not all european courts agreed but luckily for Samsung the UK one did and they filed first there (although it took us a bit longer than the more efficient German courts).

        So if you want to pull someone up on what they wrote, do your own home work ;)

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