back to article Judge begs Apple, Samsung to get a room, or trial will end in tears

Judge Lucy Koh has urged Apple and Samsung to kiss and make up, and end their bitter legal battles. Judge Koh, who is overseeing the two tech titans' iPhone patent trial in the US, asked the chief execs of Apple and Samsung to talk at least once more on the phone before the jury goes away next week to consider its verdict. …

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  1. MikeyD85

    Judge Lucy

    Has said pretty much the most sensible thing I've heard during this case.

    1. Anonymous Coward
      Anonymous Coward

      Re: Judge Lucy

      You're not exactly setting a high bar there. But FWIW I agree.

    2. Anonymous Coward
      Anonymous Coward

      Re: Judge Lucy

      Another thumbs up from me. But if I was in the judge's shoes I'd also be trying to make noises as to working out how this situation came about in the first place ... ie. the tendancy of the patent office to not reject things based on various grounds, and let the companies duke it out in courts; which will ultimately cost the consumer, either in higher product prices, the suffering of a less competative market, or the general perception that the world is going mad and that no one in authority is taking serious steps to stop what appears to be utter insanity.

      1. frank ly
        Happy

        It's "Judge Koh" to you.......

        ... and to everybody else too.

    3. LarsG
      Meh

      Re: Judge Lucy

      A sensible comment made by a sensible person to a group of petulant childish adults.

      Do you really think they will listen?

    4. Anonymous Coward
      Anonymous Coward

      who ever loses

      Will appeal!

      Yum yum more money for the lawyers.

    5. Anonymous Coward
      Anonymous Coward

      Re: Judge Lucy

      I think she is saying that justice will not be done whoever wins or loses because the decision has been left to a partially educated jury who have no idea how to process the technicalities of the case and who, innthe end, are going to decide by choosing their favourite colour.

    6. Shagbag

      Re: Judge Lucy

      I suppose she had to ask even though she probably feels there's FA chance of it happening.

      The dispute isn't going to stop at the Jury's verdict though. Both sides have already created the necessary records for Appeal and Samsung has come out and said Apple violates some of its 3G patents.

      The lawyers don't want it to end either. They're probably thinking to themselves "this is going to be just like SCO - a f***ing gravy train!!!"

    7. henrydddd

      Re: Judge Lucy

      I can just see it in the newspaper. "Jury forbids sales of Apple and Samsung products in the US". It could not happen to two nicer companies.

  2. Anonymous Coward
    Anonymous Coward

    Sounds like she thinks they're going to go against Apple

    and that wouldn't do, an American firm losing in America

    1. Anonymous Coward 101

      Re: Sounds like she thinks they're going to go against Apple

      How the hell did you work that out? The judge would have no insight to the jury's thoughts.

      The point the judge is making is that the trial is basically a big lottery - a random assortment of people have been told to decide on extremely complicated patent minutia.

      1. Anonymous Coward
        Anonymous Coward

        Re: Sounds like she thinks they're going to go against Apple

        Follow the money, Apple brings billions in tax profits to the bay area, they basically pay the judge and her bosses salary. To make her bosses happy the judge's goal is to keep the money flowing into the Bay Area economy and their pockets. A jury trial prevents her from doing anything more than block evidence that favors Samsung - which she has done. She has just heard the best that the Apple lawyers could dish out and it is apperant that they are likely to loose so to protect her salary and those who pay it she is trying desperately to pressure Samsung to pay on these worthless patents. Also, remember that the Bias the judge has shown towards Apple has already established a baseline for Samsung to appeal( and win), so... push Samsung to settle... as in give Apple another income stream( and hence her bosses). But also remember it won't stop here, if Samsung caves and pays on these bogus patents then every other manufacturer will eventually find the same crooked tactics used on them.

        1. jaduncan

          Re: Sounds like she thinks they're going to go against Apple

          This is, just for the record, moderately insane. Judges have their own opinions, and generally react very badly indeed to being leaned on. This is why we have an independent judiciary.

          1. ThomH

            Re: Sounds like she thinks they're going to go against Apple

            I'd vote jaduncan up twice if I could — the tin-foil hat accusations sound quite desperate.

        2. stuff and nonesense
          Thumb Down

          Re: Sounds like she thinks they're going to go against Apple

          @AC

          "Follow the money, Apple brings billions in tax profits to the bay area, they basically pay the judge and her bosses salary. To make her bosses happy the judge's goal is to keep the money flowing into the Bay Area economy and their pockets. A jury trial prevents her from doing anything more than block evidence that favors Samsung - which she has done. She has just heard the best that the Apple lawyers could dish out and it is apperant that they are likely to loose so to protect her salary and those who pay it she is trying desperately to pressure Samsung to pay on these worthless patents. Also, remember that the Bias the judge has shown towards Apple has already established a baseline for Samsung to appeal( and win), so... push Samsung to settle... as in give Apple another income stream( and hence her bosses). But also remember it won't stop here, if Samsung caves and pays on these bogus patents then every other manufacturer will eventually find the same crooked tactics used on them."

          I'd challenge you to repeat that in the Judge's courtroom...

        3. Malcolm Weir Silver badge

          Re: Sounds like she thinks they're going to go against Apple

          Actually, Apple doesn't bring "billions of dollars of tax" to the Bay Area. Sure, they employ a few thousand people, and pay them well, and pay Cupertino a nice chunk of cash in property taxes, and that's nice and all... but Apple's corporate profits tend to end up in Nevada (with Braeburn Capital, or possibly Golden Delicious Tax Avoidance, where there's no corporate income or capital gains tax.

          So million, sure. Billions? No.

    2. Semaj

      Re: Sounds like she thinks they're going to go against Apple

      My thoughts exactly. Funny how she waits until it's Samsung's turn before coming out with this.

      1. Anonymous Coward
        Anonymous Coward

        Re: Sounds like she thinks they're going to go against Apple

        She didn't.

        "asked the chief execs of Apple and Samsung to talk at least once more on the phone before"

        Why do you think they talked before?

        1. Anonymous Coward
          Anonymous Coward

          Re: Sounds like she thinks they're going to go against Apple

          "Previously, Judge Koh ordered the companies to meet back in May with the same endgame in mind. Back then, both Samsung CEO Choi Gee-sung and Apple CEO Tim Cook were present while the companies engaged in two days of unsuccessful court-ordered mediation."

          --Arstechnica

  3. alain williams Silver badge

    Apple doesn't want to stop court cases

    The whole point of this is Apple showing the world that it has bigger, more expensive lawyers than the rest of them - so keep off what it claims to be its lawn even if others have a valid right to be there - otherwise Apple will cost them more in legal fees than it is worth it. Apple does not really mind if it looses as long as the Samsung legal bill is high.

    It is not about who is right, but who is richest.

    1. Crisp

      The Lawyers have won.

      I predict that the winners in this case will be the lawyers. At the end of this, they will be the richest.

    2. Steve Todd

      Re: Apple doesn't want to stop court cases

      Erm, Apple's lawyers are cheaper than Samsung's, the numbers were revealed early on in the case.

      1. sabroni Silver badge

        Re: Apple's lawyers are cheaper than Samsung's

        Ah, no wonder the judge is frightened Samsung are gonna win...

  4. Steve Crook
    FAIL

    It will go to appeal.

    Whatever the decision. Lawyers will continue to make money. I regret not studying corporate/patent law when I was at university. Chemistry was interesting, but I could have made a lot more money feeding of egotistical corporate execs...

    1. wowfood

      Re: It will go to appeal.

      When I was younger, I had two career paths I wanted to take, law and computing. I chose computing to focus on... I now regret that decision.

      1. Lord Voldemortgage

        Re: It will go to appeal.

        Really? This sort of lawyering sounds hideously dull and unpleasant to me.

        1. jai

          Re: It will go to appeal.

          yes it is - but you also paid a lot by the hour for it, and for the right price, most people are willing to put up with dull and unpleasant

        2. Rameses Niblick the Third (KKWWMT)

          Re: It will go to appeal.

          Hideously dull it may be, but the huge wedge of cash they are being given on an hourly basis would be enough to make it interesting for me.

        3. Dr. Mouse

          Re: It will go to appeal.

          "This sort of lawyering sounds hideously dull and unpleasant to me."

          And so it is in most jobs. I count myself lucky that, in my employment, I get a feeling of satisfaction from what I do. But at least the lawyers in this case can go home and console themselves with the huge piles of dosh they have earned.

      2. Anonymous Coward
        Anonymous Coward

        Re: It will go to appeal.

        Beware. Lots of new lawyers (say more than 50% of graduates) can't get a "real" glamorous lawyering job (e.g. arguing complex civil patents cases for $500+ per hour). Those are the 1%ers, and they paid $120,000 or more for the training alone.

        1. Anonymous Coward
          Anonymous Coward

          Re: It will go to appeal.

          I dont see what you're getting at there, are you saying that if you pay 120000 for training that you will be in that 1% and the other 99% had a cheaper education?

          If thats so then Id find that $120000 and pay for the education - after all the education only cost approx 1 months wage at $500 an hour!

          :)

        2. Tom 13

          Re: ...can't get a "real" glamorous lawyering job

          My heart bleeds for them. They'll still pull down a minimum $150/hr at opening rates.

      3. Tom 13

        Re: I now regret that decision.

        Don't. We respect the decision you made. If you'd gone the other way we have to make jokes about you.

    2. Anonymous Coward
      Anonymous Coward

      Re: It will go to appeal.

      Obviously you don't work as a consultant or even a technician at Equinix... $200/hour to get either of them to do anything (Oh and they'll do it as slow as possible too).

      Anon, because they have physical access to my servers.

  5. keithpeter Silver badge
    Windows

    Why no specialised court in US?

    "[Judge Koh] said both companies could be in trouble if they leave the decision up to the panel of ordinary folk, who certainly aren't intellectual property experts."

    Why do lay juries have to go through what must be mind-blowingly boring hearings?

    Why does the US not have a patent court like in UK? Specialised judges and qualified counsel?

    Is it one of those barmy states rights things?

    1. Anonymous Coward
      Joke

      Re: Why no specialised court in US?

      Maybe because then the government could be held partially to blame for "unfavourable" verdicts. With the current system they can throw their hands up in the air and go "random is random!" ;)

    2. Peter 48

      Re: Why no specialised court in US?

      Regardless of which side they choose, I wouldn't be surprised if they set the damages awarded at $1 and that each side must pay their own lawyer's fees with all injunctions lifted and a ban put on any being re-applied for.

    3. Flocke Kroes Silver badge

      Jury selection

      The court summons a large bunch of potential jurors. Some are sent home because spending time on the jury would cause undue hardship or because they have a business relationship with one of the parties. They lawyers from each side get to throw out a few potential jurors. Every single time, they throw out the people with experience with technology or law.

      The European Patent Office is lobbying hard for a specialist patent court. If they ever get their way, no patent will be too obvious and the concept of non-patentable subject matter will be entirely forgotten. If you ever hear a rumour that the possibility of a specialist patent court will be created, publicise the rumour at once and hope that letters to MEPs will stamp this atrocious idea back into the mud again.

    4. tom dial Silver badge
      Linux

      Re: Why no specialised court in US?

      There is a specialized appeals court - the Court of Appeals for the Federal Circuit - for patent matters. Patents are a federal issue not affected by states' rights considerations.

      Specialized government organizations like the Patent and Trademark Office and the Court of Appeals for the Federal Circuit present a risk of something like regulatory capture. The PTO exists for the purpose of issuing patents, and in combination with the fact that it is far more costly to reject a patent application than to grant the patent, and granting the patent is easier to measure for employee productivity purposes, it is unsurprising that a good many patents are issued that some might consider questionable or unwarranted. The CAFC exists to decide appeals of patent decisions in lower courts; it has little incentive to draw clear distinctions or reduce the scope of patentable subject matter. And the ever growing population of patent attornies works diligently to increase the workload at the PTO and, eventually, in the courts and at the CAFC.

      So we get what we got.

    5. Malcolm Weir Silver badge

      Re: Why no specialised court in US?

      Not states rights, because this is a federal case!

      But I agree: the practice of shopping patent cases to the Eastern District of Texas (as the most egregious example) demands a better system.

    6. Tom 13

      Re: Why does the US not have a patent court like in UK?

      Have you LOOKED at our patent system recently? And you want THEM making judicial decisions?

      No thanks! A random shot at getting a rational decision is better than none.

  6. Anonymous Coward
    Thumb Up

    Who wants to bet

    That the jury will be going eenie meenie minie mo.......

    1. Anonymous Coward
      Anonymous Coward

      Re: Who wants to bet

      Not sure how it works in the US but a completely and evenly split jury would probably be quite a good outcome here. Would be about the only way for the "lay person" to say: "We are fed up with you corporate titans using the legal system as the latest blunt instrument to attack each other when you could both be getting on with competing fairly and developing the next products because, yes, some of us like iThings and some of us don't but we'd like them _both_ to be available, please. Oh, and while we're on the subject of tech companies wasting time and money, WHERE'S OUR DAMN FLYING CAR?"

      1. Quinch

        Re: Who wants to bet

        http://xkcd.com/864/

        The day we have flying cars is the day I move to a cave and never emerge again. Cave bears would be safer.

        1. Anonymous Coward
          Anonymous Coward

          Re: Who wants to bet

          Hmm, good point. I would also have accepted "I'm going to live in a cave to avoid the flame wars between the supporters of the iCar and the Nexus Car 7"

      2. Anonymous Coward
        Anonymous Coward

        Re: Re: Who wants to bet (AdamT)

        Not really because a deadlocked jury would, I believe, result in a mistrial and having to start the entire process over from the beginning.

        I think the proper solution would be that of Douglas Adams' Judiciary Pag, LIVR (the Learned, Impartial and Very Relaxed).

        1. Anonymous Coward
          Anonymous Coward

          Re: Who wants to bet (AdamT)

          Well, that was sort of my point. The current legal process (and here my lack of US legal knowledge doesn't help) may well not be able to cope gracefully with the Jury sentiment of "We don't know (or care)" but a deadlock followed by both sides having to seriously consider if they want to start all over again might be the only way that message can currently be sent. Similar to the Jubilee Line fraud trial here (in the UK) where it went on for about 2 years, the jury was shrinking (due to illness, pregnancies, etc.) and then one day the remaining members basically said to the judge "this is stupid, we don't understand any of it, we're fed up and we want our lives back so we're going home". And the judge, who could have found them all in contempt, said "fair enough, off you go" !

      3. tom dial Silver badge

        Re: Who wants to bet

        And at that point, Apple and Samsung would have the option of doing what Judge Koh suggested and reaching an agreement. Apple would have the additional option of refiling, using the knowledge they have gained during the present trial. Does anyone think they wouldn't?

      4. Malcolm Weir Silver badge

        Re: Who wants to bet

        IF the jury are truly in a "a pox on both your houses" mood, the most likely outcome is that they find against both sides: Samsung doesn't infringe Apple's patent, Apple doesn't infringe Samsung's.

        It's a preposterous outcome, because it's not actually in question that Apple does infringe Samsung's patent, but juries are good at preposterous!

  7. Andrew Jones 2
    Stop

    I don't understand how Apple get away with this theory that because 2 million Samsung products have been sold - they are lost sales?

    If someone wanted an iDevice - they would have bought one, it is only a lost sale if for whatever you reason - you cannot provide a service to a customer that wants it (eg someone goes to an Apple store for an iPhone and the Apple store cannot provide one). To claim that you lost a sale because someone bought a competing product is stupid.

    If Film A comes out at the cinema and I have no interest in watching it, but then a few weeks later Film B comes out and I go and see it - Film A has not lost a sale - as I would never have gone to see it.

    If however I had wanted to see Film A, but the cinema was full and couldn't take any more customers - then Film A has lost a sale.

    However - were Apple not (in my personal opinion) bullies who on the one hand say things like "we don't care about money, we just want to create products people love to use" while on the other hand moaning about hypothetical "lost sales" - and much more importantly - if they would acknowledge that if you pay money for a lump of hardware - you own the hardware. I do not want to buy a device - but still not really own it (and yes I know some Android manufacturers are just as bad - but the big difference is - the Android manufacturers did not try to get it made illegal to "Jailbreak" the device you bought) - if these things were different - then I might have considered an iDevice - in this way - they have lost a sale - but not due to competing devices.

    1. Brewster's Angle Grinder Silver badge

      "I don't understand how Apple get away with this theory that because 2 million Samsung products have been sold - they are lost sales?"

      It's the same logic that says one illegal download equals one lost sale. The RIAA/MPAA have got away with it, and now it's being applied to other fields.

      Yes, a percentage of Samsung owners might have bought an iPhone; but it's a long way from a 100%.

      1. Andrew Jones 2

        The problem there though is that it's still not the same - the only way it would become the same would be if I robbed an Apple shop to get an iPhone (that I didn't want in the first place).

        For the record in case any wondered - I don't have a Samsung phone either - I think Touchwiz is the most god awful thing they ever created. I have a HTC One X and before that I had a HTC Desire. Please note though - I like Stock Android, Sense is alright but it feels like running Linux on a Windows machine in a VM. It's sluggish and a resource hog. But the HTC One X has a pretty good camera and the camera app is good. The Sense weather clock (essentially the trademark of Sense) is nice but has many free and paid replacements for it in the market, however the Sense Dialer is a joy and is the only reason I put up with Sense - there are replacement dialers in the market but none of them have ever been able to win me over.

        That being said - I might ditch the HTC One X and get a Samsung S3 which I really don't want to do - but the HTC One X was rushed to market and the build quality (and failure rate) is a bit crap.

    2. Steve Todd

      There are two arguments at play here

      Firstly passing off/brand dilution, which says that by designing devices very like Apple's Samsung were trading on the brands that Apple had established. Salesmen (who tend to sell whatever they get the biggest bonuses/margin on) will push people who might have bought Apple to buy Samsung instead. There isn't an easy way to quantify the numbers here, but passing off is something you get damages for if proven.

      Secondly design/patent infringement, which says that even if the buyer had never considered Apple kit, Samsung were using designs and patents that they hadn't paid for, and Samsung owe Apple for their use. You CAN quantify the numbers here. The number of sales of infringing devices multiplied by the worth the jury assign to each infringed patent. Samsung's counterclaim is allong this line also.

      1. Anonymous Coward
        Thumb Down

        Re: There are two arguments at play here

        and if the same argument applied to apple,remembering that johnathan ives has admitted in print in public that he copies braun designs,i would have thought using your logic that braun could bankrupt apple very quickly,i wonder somtimes if braun just waiting in the wings for their turn in court.

        1. Steve Todd
          FAIL

          Re: There are two arguments at play here

          It isn't an offence to sell devices in other markets in the STYLE of a company. If Samsung were to imagine what a phone styled by BMW would look like then that isn't passing off. There is no existing BMW phone to confuse it with.

          If Samsung were however to sell a CAR that looks like a BMW then that's passing off (give them chance, I'm sure they'll give it a go).

        2. Ivan Headache

          Re: There are two arguments at play here

          Although Ive admitted that he copied Braun designs, you'd be hard pushed to find an Apple product that looked anything like a Braun product.

          I've just spent a hour going through my History of Braun Design books and the only things I can find that are remotely Apple looking are a table-top cigarette lighter from 1970 and a loudspeaker from 1975 (both designed by Dieter Rams)

          What I think Ive actually meant was that he copied Braun (and Rams in particular) design ideals.

          Rams is quoted as sayimg " To us designers, there is nothing of secondary importance. No impressive fronts and negligently designedbacks. There is nothing which seemingly doesn't matter. Every detail is important. Even insignificant ones will at ometime be perceived, used and experienced."

          Rams made many statements about design, and If you read them you will see where Ive got his inspiration. It wasn't from the products that Braun made (food blenders, hair-dryers, shavers, stereos and the like) but from the philosophy behind the design of those products.

          Sorry, I can't see that there would be any chance that Braun could challenge Apple for copying.

      2. EyeCU

        @Steve Todd

        Going through your previous posts, can I just ask - how much do Apple pay you exactly? Or are you really that blinkered? I think you need professional help if you still cannot see past Apples propaganda despite all your arguments having been shot down in flames repeatedly with well reasoned responses.

        1. Anonymous Coward
          Flame

          Re: @Steve Todd

          Spoken like a true Marvin.

        2. Steve Todd
          Stop

          @EyeCU - well reasoned responses?

          I must have missed those among the hail of Fandroid ranting.

          It's pretty much been in this form of late:-

          Fandroid #1: How dare Apple claim X (where X is some ridiculous simplification)

          Me: They aren't claiming that. They are claiming Y and Z, which has the following basis.

          Fandroids #2-37: RAAAGE

          This thread is a classic example. Feel free to RAAAGE now.

          1. Steve Todd

            Re: @EyeCU - well reasoned responses?

            On, and no, Apple don't pay me. I was working under the assumption if you wanted paying you had to join the Fandroid community here.

            1. Craigness

              Re: @EyeCU - well reasoned responses?

              Quite apart from the fact that a black rectangle with rounded corners and a chrome egde with a single button at the bottom and a slit for a speaker at the top is actually a pre-iphone Samsung design which they have the right to use, none of that nonsense answers the question of why every Samsung sale is an apple lost sale, when sales were made to people who would not have bought an apple product.

              The F700 would have given apple too hard a job in court, so they were allowed to pretend it didn't exist and that Samsung's design department since 2005 has consisted of an iphone and a photocopier. But in the real world we're allowed to talk about it. Why do you bother with this apple fanboy apologetics when you know you're wrong and everyone else knows you're wrong?

              1. Steve Todd
                Stop

                Re: @EyeCU - well reasoned responses?

                Oddly enough the designer of the F700 was quoted as saying that NON of the devices that Apple were claiming infringed their design was based on the F700. Given that and the fact that the F700 wasn't under dispute how was her testimony going to make a huge difference in the case?

                1. Craigness

                  Re: @EyeCU - well reasoned responses?

                  Even if one Samsung black rectangle with rounded corners and a chrome egde with a single button at the bottom and a slit for a speaker at the top wasn't based on another Samsung black rectangle with rounded corners and a chrome egde with a single button at the bottom and a slit for a speaker at the top, that doesn't mean apple should be allowed to claim that there was nothing between the 2006 Samsung phones and the 2009 Samsung phones which were black rectangles with rounded corners and a chrome egde with a single button at the bottom and a slit for a speaker at the top other than the Iphone. Nor should it preclude Samsung from making black rectangles with rounded corners and a chrome egde with a single button at the bottom and a slit for a speaker at the top.

    3. David Barrett

      Shirley the reasoning will be:

      Someone untechnical wants an iPad (Bearing in mind that a good proportion of the population consider iPad and Tablet to be the same thing)

      They buy a samsung because it is a tablet has rounded corners etc and looks like their friends iPad, it does what they want so they have an iPad in their mind... in this case apple lost a sale because the person was going to buy someting that looked and functioned like the tablets that they have seen apple advetising, that their friends have...

      However Im with you, apple shouldnt get away with it, no one should, its anti competitive and a huge waste of everyones time.

  8. banjomike
    FAIL

    Leaving a case like this in the hands of a jury is Suicide...

    the only part of the US legal system that is stupider than the Patents Office is a jury.

    1. Flocke Kroes Silver badge

      Juries make a real effort

      Anyone with half a brain can avoid jury service. (Likewise anyone with a super brain will not get past jury selection). When jury decisions are suprising, the first places to look are the evidence and the reporting. Some reporters like to emphasise the evidence that is contrary to the jury's decision to create some controversy. Some just paraphrase the press release from the losing side. Remember that we see evidence that the jury does not.

      The biggest slice of evidence we got to see is about 950 examples of prior art Samsung does not get to show the jury. Apple complained that Samsung did not specify for each example whether the example demonstrated obviousness or prior art. Samsung did not get a response in by the deadline. I think that example of Apple lawyering speaks volumes about how weak they think their case is, but the jury is not allowed to know about it.

  9. Anonymous Coward
    Anonymous Coward

    Given her previous judgments

    Which have made it blatantly obvious that she is an Apple fan and will side with them every time, it looks like Samsung have presented a strong enough case that she knows Apple have no chance. She now doesn't want to have to make a judgement based on the decision of the Jury as the result will show how questionable her earlier actions were.

  10. Danny 5
    Thumb Down

    biased

    let me take on the roll i like most, that of a fervent Apple hater.

    Thing is that Apple started this battle, Samsung simply picked up the glove and is obviously more then willing to see it through to the end. Samsung didn't start this war, but i certainly hope they finish it.

    bah, apple, spending years whining about how they're treated unfairly, but as soon as the tables are turned, they do the exact same thing. Shameless hypocracy.

  11. Big_Ted
    Devil

    Of corse they lost sales

    If the world was as it should be then the only tablets and smartphones that were rectangular with a UI other than windows 7 style would be an Apple idevice.

    Therfore all those bastards that hve copied them have taken billions away from their sales....

  12. Medium Dave
    WTF?

    lolwut?

    "...both companies could be in trouble if they leave the decision up to the panel of ordinary folk, who certainly aren't intellectual property experts."

    Would these "intellectual property experts" be the ones beavering away with shovels at the bottom of this giant hole?

  13. umacf24
    Meh

    Rough on the jury ...

    ... if they settle now.

    Actually, it's pretty hard on the jury anyway. Apart from the tramp asleep in the public gallery, the jurors are the only people not paid -- generously paid -- to be there.

  14. Richard Wharram

    Showing her bias...

    When she opines that Apple and Samsung should cross-license when Samsung's case is that Apple's patents are invalid.

    (Not taking sides here; I love my iPhone)

    (And my CM9 android)

    (And you. Yes, you. Personally. And physically. Mmmmmm)

    1. Steve Knox

      Re: Showing her bias...

      When she opines that Apple and Samsung should cross-license when Samsung's case is that Apple's patents are invalid.

      Not bias, practicality. Once a patent is issued, it's assumed to be valid until proved otherwise. Samsung's got a very high bar to reach, especially with a jury involved.

      It can often be better (from a business perspective) to license an invalid patent* than lose a huge chunk of your business for sticking to principles.

      * Not that I believe Apple wants to give them a license anyway.

      Love you too. Kiss Kiss.

    2. John G Imrie

      And me. Yes, me. Personally. And physically. Mmmmmm

      At least one of us needs to get out more :-)

  15. Devious_Dan

    So in theory if I make sandwiches and sell them I can sue anyone else that sells sandwichs as it would be a lost sale to me?

    I am sure i can get an apple style patent on meat between two pieces of bread.

    ps apple, some bread has rounded corners.

    1. Steve Todd

      Straw man argument anyone?

      If you sold sandwiches under your own brand in distinctive packaging, which a competitor proceeded to imitate closely then you could sue them for passing off. They were trading on your brand and that's a civil offence for which you can receive damages.

      1. NumptyScrub

        Re: Straw man argument anyone?

        quote: "If you sold sandwiches under your own brand in distinctive packaging, which a competitor proceeded to imitate closely then you could sue them for passing off. They were trading on your brand and that's a civil offence for which you can receive damages."

        Except of course, the product is the sandwich. Samsung have not been taken to court for the packaging, they have been taken to court for the product. So if Devious_Dan got a design patent on the sandwich, he could indeed take other sandwich sellers to court for infringing his sandwich design, regardless of how different their packaging is.

        I also noted this gem from Steve Knox: Not bias, practicality. Once a patent is issued, it's assumed to be valid until proved otherwise.

        Fine in and of itself. However I seem to recall a statement on one of the earlier articles along the lines of "the patent office doesn't check for validity of patents (prior art etc.), leaving it to the courts to decide" (paraphrased as I can't recall the article, and I'm also a lazy bugger).

        Put them together: the patent office doesn't check for validity of patents, leaving it to the courts to decide. Once a patent is issued, it's assumed to be valid until proved otherwise.

        I don't like the cycle of logic there. If patents have been effectively approved unchecked (a look at the current crop of spats would seem to imply that this is the case, I nearly pissed myself laughing at the Apple "design patent") then I wouldn't call it practical to assume their validity. I would instead call it highly impractical to assume validity when appraising claims of infringement, and suggest that patent validity checking be part of the due diligence process prior to coming to trial.

        Wouldn't make nearly as much money for lawyers and patent trolls though :/

        1. Steve Todd
          Stop

          Re: Straw man argument anyone?

          Samsung have been taken to court for both Trade Dress (the packaging and appearance), plus design/UI patents (to continue the metaphor, probably beyond breaking point, the patented sauce that makes your sandwiches so yummy). Nothing stops your competitors from making their own sandwiches providing they don't infringe those two things.

    2. Steve Knox
      Coat

      I am sure i can get an apple style patent on meat between two pieces of bread.

      Do that and Apple will sue you for infringing on their patent design patent.

    3. John G Imrie

      Patent this

      You are to late:- Sandwich

    4. Craigness

      You didn't invent bread, meat or the slicing of either, and putting meat in bread has been done before. But if it hasn't been patented before then under the first-to-file rules you could prevent innovators from selling their goods. It would indeed be an apple style patent.

      They've made a sandwich with lots of old fillings not found in the same sandwich before, and now want to ban others from using any of the fillings in differently shaped sandwiches (even with shapes created before apple entered the sandwich business), with different packaging and brand names, which do not pretend to be apple's sandwich nor want to be confused with apple's sandwich. Meanwhile apple pays nothing for the use of the slicing machine which makes all this possible.

  16. andreas koch
    Stop

    I'm missing an argument in all these 'copy' lawsuits

    Has Samsung ever branded their devices intentionally in a misleading way? Like, not put their name on it and have a logo on the phone/tab/package that an unwary customer might mistake for an Apple logo? I seem to remember that the 'German court tab comparison picture' had the 'Samsung' logo removed from the face of the tablet* , but usually you can't miss it.

    Well, all the Samsung devices I've seen had Samsung written in bold capitals on front and back. I don't think that a customer could mistakenly pick the wrong one.

    So, if this is about misleading design and lost sales, then it's a no-brainer in my opinion: The customer is aware what he or she bought and obviously made his decision.

    Does Apple actually believe that a customer enters a shop, asks for an iPhone and gets given a Samsung Galaxy and doesn't notice? Or says something like: 'oh, must be the same thing...' and that's it?

    *Which I would have regarded as cheating.

    1. Richard Wharram

      Re: I'm missing an argument in all these 'copy' lawsuits

      Samsungs always have "Samsung" boldly pasted on the front. Not easy to miss.

      1. Britt Johnston
        Trollface

        Re: I'm missing an argument in all these 'copy' lawsuits

        and Apple makes the gadgets with incompatible plugs

  17. Anonymous Coward
    Anonymous Coward

    Really?

    "the complexities of intellectual property law are not easy for even judges to understand"

    Which is how lawyers like it. But in fact the issue here is not complex at all. Apple says that Samsung copied their ideas but any fool can see that the copying was of the sort that every big company engages in and has done for decades (remember when Ford bought a Mini and stripped it down to see how it worked? They didn't do that as a hobby) and is in any case nothing more than fiddling with colours and some shapes. Because, these particular shapes and these particular colours is all Apple brought to the table.

    If Samsung copied any actual inventions it's a safe bet they weren't Apple's because all Apple is is a company that paints new colours on old ideas and sells them to mugs for obscene prices. There's no "Intellectual property" there to steal, and never was.

  18. Anonymous Coward
    Thumb Down

    ha ha

    hoping the jury find apple guilty and must pay samsung $1 billion and $1 dollar.

    and that they also find samsung guilty and they must pay apple $1 billion dollars.

    slap them both in the wallet properly and they may be more careful about court cases next time.

    1. Anonymous Coward
      Facepalm

      Re: ha ha

      Unless you mean pay into escrow for 90 days, I'm assuming that you're quite bad at math.

  19. Bod

    Left to the Jury...

    If the Jury are just Average Joe, they'll go with Apple regardless. The brand they'll have heard most and even if they know nothing about them they'll know plenty of people who have an 'i' something. To them a phone is an iPhone, and MP3 player is an iPod and tablet is an iPad, and asked for equivalent products they may not know of any. Which is what Apple are trying to protect, not the devices themselves but that identity that goes beyond just a brand where the entire generic function is tied to one of their products.

    So this one will go one to appeal. More money wasted, more arguments.

    1. Anonymous Coward
      Anonymous Coward

      Re: Left to the Jury...

      which is why apple only ever try this properly in america and not push too hard in europe,aus etc etc.

      americans are the only race stupid enough to actualy believe the bullshit that they push as thinking.

      1. Steve Knox
        Facepalm

        Re: Left to the Jury...

        americans are the only race stupid enough..

        At least we're smart enough to know the difference between a race and a nationality. Oh, and we know what that "Shift" key on the keyboard does, too. Plus, some of us can actually spell "actually".

    2. Mark .

      Re: Left to the Jury...

      I agree, though interestingly, many people will have one or more Samsung products - they're an incredibly successful company with a huge range of diverse products in different markets. The problem is though the RDF - most people don't care about using a Samsung product, but Apple users get fanatical about it. And the fact that there's far more awareness - as you say, Apple products are always referred to by their brandname, whilst other products are just generic.

      It's not just indivduals talking about their own products - it's painful everytime I see this in the media, e.g., an article about the police taking a suspect's devices, or an article about what product someone owns: it'll be "Iphone and mp3 player" or "Ipod and phone" or "Ipad and laptop" or "tablet and iMacProBookBMP" - even though one would hope the journalist has no interest in the brands, and it's irrelevant to the story, we always get told everytime it's an Apple product, but not if it's anything else.

      Apple are indeed a marketing company - they get sales, where people buying them are completely unaware of alternatives, both better ones, those that were there first, or those that are more popular. And it's sickening that they are helped by the media and the shops, constantly advertising "Ipads, Ipods, Iphones and Macs", whilst everything else is a tablet, mp3 player, phone or PC, laptop or computer. To have the legal system helping them too is even sadder.

      1. Philip Lewis
        FAIL

        Re: Left to the Jury...

        "The problem is though the RDF - most people don't care about using a Samsung product, but Apple users get fanatical about it. And the fact that there's far more awareness - as you say, Apple products are always referred to by their brandname, whilst other products are just generic."

        That seems to be in direct opposition to the rabid Galaxy/Android fans in this and many other forums. The Galaxy branding effort by Samsung has been quite effective. "Should I get a Galaxy or an iPhone?" is an oft heard question for people in the purchasing process. Samsung are a very well respected global. Curiously, despite there mammoth presence in the tech field, they don't seem to be facing too many copying lawsuits.

        You statement is disingenuous, innaccurate bullshit.

        Disclaimer. I own 3 Samsung TVs and 1 iPhone.

        I think Samsung got more from my wallet.

        The latest D8xxx series TVs are fabulous and I like the unique take on TV design. Samsung has a design department, they were just lazy early on in the tablet/smartphone race and confused inspire with copy

  20. Paul Shirley

    Koh finally realising the appeal is unavoidable

    You can almost see the panic setting in. She's pissed off both sides and their lawyers to the point they're making minimum effort to comply with her running of the trial and occasional seem to be deliberately trying to provoke her.

    It's going to appeal, something most judges hate and the only way to stop it is to badger Apple&Samsung into a settlement - I could almost believe her treatment of Samsung was a heavy handed and misguided attempt to pressure them. Most judges try that right at the start of the case, before tempers rise.

    The only available pressure she has left is on Apple, by threatening to lift the injunctions. Waiting 2 years for an appeal with injunctions still in place means Apple won't bother settling while Samsung are being hurt. Ready to provoke and anger Koh all over again...

    1. Anonymous Coward
      Anonymous Coward

      Re: Koh finally realising the appeal is unavoidable

      Well, in this case Judge Koh should not have done every possible effort to toss out a huge amount of Samsung evidence. Like for instance the fact that the jury is not supposed to hear that Steve Jobs has sworn to destroy Android or to be shown a clip from a SF movie showing users of rectangular table-like devices, which caused the Samsung lawyer to ask the judge what's the point of having a trial in these conditions ?

  21. SirDigalot

    to quote..

    Some old dead dude who had something to do with revolutions and such a long time ago... ;-)

    "A man has a right to use a saw, an axe, a plane, separately; may he not combine their uses on the same piece of wood? He has a right to use his knife to cut his meat, a fork to hold it; may a patentee take from him the right to combine their use on the same subject? Such a law, instead of enlarging our conveniences, as was intended, would most fearfully abridge them, and crowd us by monopolies out of the use of the things we have."

  22. johnnytruant
    Joke

    I can see only one solution.

    Lock-in at the rec centre. I mean, *come on*

    http://www.southparkstudios.com/clips/104359/i-mean-come-on

  23. Anonymous Coward
    Anonymous Coward

    Some people bought samsungs thinking they were ipads

    ...and some people bought briefcases of potatoes thinking they were ipads, but ...

    If apple know who those people are, (someone must know something in order to be able to make a claim like that) then why aren't they at the trial?

  24. Nunyabiznes

    Cage match

    How about we put all the lawyers and top execs from both companies in a caged death match? Last one standing wins. Then shoot that one.

    Invalidate all the patents from both companies that are being contested here and prohibit them being reassigned.

    Then disband the USPTO and do it over with out any previous employee/manager/political halfwit appointee being allowed in the new office.

    Quit poking me, I'm having a nice nap here.

  25. Anonymous Coward
    Anonymous Coward

    Let the jury decide.

    Not experts in Intellectual Property? All the better!

    1. Anonymous Coward
      Anonymous Coward

      Being an 'expert' is not required or desirable

      Having sat on a jury recently, the less the jury 'knows' about IP the better. The jury is told to disregard everything on the matter at hand except what has been presented at trial, and the instructions given to them by the judge (including most importantly the elements of the law in question).

      The role of the jury is to determine if the evidence presented meets the requirements of the law.

      You don't need to be an IP expert, you don't need to be an IT expert. You DO need to be able to understand the testimony, but if the lawyers aren't smart enough to present an understandable case to a lay jury, they deserve to fail.

  26. Rick 17
    WTF?

    True brand devaluation is.....

    What I saw in a few dodgy stores recently.

    A Chinese company is making a product that looks *exactly* the same as samsung phones and tablets.

    Except where it should say "SAMSUNG" it says "SUMSANG"

    1. Pedigree-Pete
      Happy

      Re: True brand devaluation is.....

      Hardly surprising since I recall being advised that in China the word Copyright infers the right to copy:)

  27. sleepy

    Apple wants a judgement, any judgement. . .

    . . . not a settlement. Samsung only had real success when they copied everything, including the device appearance, the packaging, the power adapter, the dock connector. Apple just wants a space in which to operate, or their business model is blown.

    1. andreas koch
      Happy

      @ sleepy - Re: Apple wants a judgement, any judgement. . .

      Poor Apple.

      Awwww, diddums.

      A Dell netbook looks more like an ipad than a Samsung tablet does. I just randomly googled some images.

      http://content.dell.com/uk/EN/gen/d/campaigns/windows-upgrade-offer_gbp.aspx?c=UK&l=EN&s=gen

      http://www.mobilegazette.com/samsung-galaxy-tab-2-101-12x02x26.htm

      http://appadvice.com/appnn/2012/02/is-apples-ipad-3-already-leaving-china-for-the-united-states

      Someone who can't tell them apart should get a yellow armband with 3 dots, astick and a dog. And won't be able to use any of these because they don't do Braille.

    2. Chet Mannly

      Re: Apple wants a judgement, any judgement. . .

      "Samsung only had real success when they copied everything,"

      Garbage. I bought a Galaxy (when I already owned an iphone) *because* of the differences between the two. Only a total moron couldn't tell them apart. The "SAMSUNG" in chrome all caps on the front is just a small clue that it wasn't made by Apple.

      The packaging was a rectangular cardboard box with a picture of the product on the front. Like every phone since forever...

      I doubt you've seen a Galaxy Power adapter - they look nothing at all like an iphone one - the Samsung one is far more compact, a completely different shape a different colour, and has an industry standard micro-usb connector. Again, there is a rather large "SAMSUNG" label molded into the back of it!

      I'm still yet to see a single comment from anyone here stating "I bought an iphone, but when I got home I had this galaxy thing".

      Apple lost sales because Samsung were significantly cheaper, had a far better screen and was massively more customisable (especially when the custom ROMS came onto the scene).

      This case reeks of using the court system as a means to keep your competitor's products off the shelves.

  28. ZZLEE
    Happy

    "I mean come on. 75 pages! 75 pages! You want me to do an order on 75 pages, (and) unless you're smoking crack, you know these witnesses aren't going to be called when you have less than four hours," Koh said.

    " Cnet "

    LOL lol lol !

  29. Arachnoid
    Thumb Down

    Another case that should have been tried by three judges and not a jury I think

  30. Anonymous Coward
    Anonymous Coward

    The judge seems out of control

    I guarantee no matter the outcome there will be an appeal based on the court room circus act by the judge herself.

  31. Joerg
    Thumb Down

    Judge mafia....

    ...that's what it is. She wants bribes from both and threatens "of risks" both. Despite being just Samsung at fault.

    Judges.. the new mafia.

  32. Anonymous Coward
    Anonymous Coward

    Judge Lucy headed for the unemployment line?

    Has she lost it in this case?

  33. LPF
    Thumb Up

    What I find amazing about this thread, is the waytha android fans , try and reduce the arguments to avoid a clear cut case os samsung caught copying.

    Apples arguments is not that sumsung can't do a phonewith rounded corners, has HTC et all would have been sued into nothingess years ago, so why the hell do you keep repeating this claptrap?

    What Appl is sueing for , is the fact that samsung has created a clone of the iPhone that is close enough to get appeal from Apple's superb marketing, and be bought by those people who can't afford to buy an iPhone but would like something like it.

    You guys keep going on about rounded corners, etc etc , becuase in theend you would be forced to admit, that for all the slagging off of the iPhone, you went ahead and got an Andriod copy! lol

    1. andreas koch
      Headmaster

      @ LPF

      Calm down, wipe the spittle off and type a bit more readable.

      Someone might actually bother to read your post then.

  34. Anonymous Coward
    Anonymous Coward

    I think Lucy is the only one...

    ...who will be in tears when this circus act is over.

    1. andreas koch
      Meh

      @ AC 1350h - Re: I think Lucy is the only one...

      She won't be in tears. She'll be here, most likely.

  35. andreas koch
    Coat

    Samsung is going to lose.

    As much as I don't like it, I'm pretty certain that Samsung is going to lose this.

    Why? I've just skimmed through 20 pages of jury verdict form. If the jury does not contain more than 50% professional patent lawyers with additional masters degrees and doctorates in English language and software design, then they're just going to put 'Y's and 'N's in the place that will feel right.

    <sarcasm>

    How likely is it that the local company will feel grateful around Christmas? Those chinks* don't even know about Christmas!

    *Korean, Taiwanese, Cambodian, whatever: they shot at our boys in Da Nang, time to pay back.

    </sarcasm>

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