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Kepler
Joined: 24 Sep 2007
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Posted: Sun Aug 26, 2012 2:21 am Post subject: |
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But Apple lost in Korea:
"A Seoul court on Friday ordered Apple to stop selling certain products in Korea for infringing on two patents held by Samsung Electronics for wireless communications, and rejected Apple`s claim that Samsung Galaxy phones infringed on its design patent....
"The American tech giant was ordered to pay 40 million won (35,000 dollars) in damages to Samsung and halt sales of patent-infringing products in Korea, such as the iPhone 3GS, iPhone4, iPad 1 and iPad 2."
http://english.donga.com/srv/service.php3?biid=2012082514348 |
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Captain Corea

Joined: 28 Feb 2005 Location: Seoul
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Posted: Sun Aug 26, 2012 3:41 am Post subject: |
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Odd that you wouldn't include the rest of that link.
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| The court also said Samsung infringed on Apple`s patent on a bounce-back feature, ordering the company to pay Apple damages of 25 million won (22,000 dollars). It also banned the domestic sale of Samsung`s patent-infringing products including the Galaxy SII smartphone. |
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Seoulman69
Joined: 14 Dec 2009
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Posted: Sun Aug 26, 2012 4:45 am Post subject: |
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I find it interesting that a British court threw the case out. It could be argued that it was the most neutral court, rather than the Korean and American courts which both had a vested interest in one particular company.
It was also sad not to see the evidence of the iphone blatantly copying a Sony design included in the case. It seems apple wants to have its cake and eat it. |
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PatrickGHBusan
Joined: 24 Jun 2008 Location: Busan (1997-2008) Canada 2008 -
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Posted: Sun Aug 26, 2012 5:00 am Post subject: |
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| Los Angeloser wrote: |
| PatrickGHBusan wrote: |
Oh who gives a rats behind.
Seriously how does this impact you los angeloser?
oh wait, nevermind, I see why you are dancing in joy over this, you "won" over the evil kingdom....  |
I offered pertinent information to the case and you naively believe nobody or me should care or could possibly have a stake(stock) in it Do you have anything other than a sit down and shut up? |
You wish to go and get all ra ra behind Apple, thats your choice. To me they are two companies that produce electronics and that likely have at one time or another copied off someone else. So pardon me for not getting all giddy over this. Christ go buy an Ipad in celebration if thats what ya need to do. |
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The Cosmic Hum

Joined: 09 May 2003 Location: Sonic Space
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Posted: Sun Aug 26, 2012 6:33 am Post subject: |
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| Captain Corea wrote: |
Odd that you wouldn't include the rest of that link.
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| The court also said Samsung infringed on Apple`s patent on a bounce-back feature, ordering the company to pay Apple damages of 25 million won (22,000 dollars). It also banned the domestic sale of Samsung`s patent-infringing products including the Galaxy SII smartphone. |
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Will/does this affect the sales of the GSIII or the up-coming Note II?
If so...total suckage.
The fact that they are banning old products seems like a joke...barn door style. |
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rollo
Joined: 10 May 2006 Location: China
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Posted: Sun Aug 26, 2012 10:47 am Post subject: |
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| Good for Apple: enough theft going on in the world. Rimm stole patents for years before they got caught. Rimm ,what a joke. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Sun Aug 26, 2012 3:58 pm Post subject: |
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It's not over yet.
Round 2 is about to start as Samsung plans to appeal.
http://www.bbc.co.uk/news/technology-19381096
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| Samsung says it will appeal against a US court ruling that the South Korean giant stole designs from Apple to make smartphones and computer tablets |
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cj1976
Joined: 26 Oct 2005
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Posted: Sun Aug 26, 2012 6:07 pm Post subject: |
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| Apple should be sued for forcing people to use that shit Itunes software. At the end of the day, the people can choose for themselves what they prefer. |
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KimchiNinja

Joined: 01 May 2012 Location: Gangnam
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Posted: Sun Aug 26, 2012 10:25 pm Post subject: |
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I work here in Seoul in this field (patents/tech) and think it's good news [no, I'm not a freakin' English teacher and have considered getting a T-shirt made to broadcast that fact].
Inventors have ideas, then stuff gets made. If you just copy what someone else did without doing all the inventing...well that's really easy, and there is no point in inventing, just steal it.
We all know iPhone changed everything and we all know everyone ripped them off *bigtime*, so it seems pretty simple to me.
"Oh that's nice, by the way are you an English teacher?" |
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Moondoggy
Joined: 07 Jun 2011
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Posted: Sun Aug 26, 2012 10:31 pm Post subject: |
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| it's just a biased decision by 9 common people. the judge is gonna correct it for sure. and samsung will appeal. |
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Zyzyfer

Joined: 29 Jan 2003 Location: who, what, where, when, why, how?
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Posted: Sun Aug 26, 2012 11:47 pm Post subject: |
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| The Cosmic Hum wrote: |
| The fact that they are banning old products seems like a joke...barn door style. |
I'm wondering if that means they'll stop supporting the banned devices as well. I've got an S II and hope I don't have to go changing phones or anything due to a lack of support. |
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Kuros
Joined: 27 Apr 2004
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Posted: Mon Aug 27, 2012 4:20 am Post subject: |
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| Moondoggy wrote: |
| it's just a biased decision by 9 common people. the judge is gonna correct it for sure. and samsung will appeal. |
Its very unlikely that an appellate judge will correct the jury's findings of fact. The standard of review for a jury finding is the arbitrary and capricious standard.
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| Under the "arbitrary and capricious" standard, a finding of a lower court will not be disturbed unless it has no reasonable basis. For example, a finding of fact from a jury is seldom disturbed on appeal unless it is "arbitrary and capricious." The appellate courts will generally not review such findings unless those findings have no reasonable basis. |
The damages are unlikely to be reduced. Although lately U.S. courts have been on the watch for excessive damage awards, appellate judges concentrate mostly on reducing punitive damages. The jury's $1 billion verdict went only to actual damages, and it awarded only 40% of Apple had sought.
http://www.sv411.com/index.php/2012/08/what-now-the-apple-samsung-case-aint-over-till-its-over/
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| The jury found that Samsung had knowingly and willfully infringed upon multiple Apple patents with its Galaxy smart phones and tablets, due largely to the discovery of an internal Samsung document that actually analyzed the similarity of the two devices. The jury also found Samsung guilty of inducing its subsidiaries to infringe on Apple�s patents. Implication: Willful infringement opens the possibility that Apple may sue for punitive damages up to three times the original award. |
There will be appeals and expect appellate courts to scrutinize Judge Koh's decisions on matters of law and on evidentiary rulings. But it would be remarkable if appellate judges correct the jury's findings. |
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lemak
Joined: 02 Jan 2011
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Posted: Mon Aug 27, 2012 4:24 am Post subject: |
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| Moondoggy wrote: |
| it's just a biased decision by 9 common people. the judge is gonna correct it for sure. and samsung will appeal. |
How exactly is it biased?
Most people I know can't stand Apple, actually, but do respect their R+D and believe their legally patented innovations should be protected.
Many Koreans are funny. Cry when they get busted for stealing the technology and ideas of others, yet whine and pitch fits when the Chinese do the exact same thing back to them.
Samsung needs to take this on the chin and learn from it. |
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cadurling
Joined: 16 Oct 2007
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Posted: Mon Aug 27, 2012 5:32 am Post subject: |
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| It's obvious Samsung copied the I-phone, and the evidence proves it. To those refuting these facts (the evidence) please provide any facts left out of the US court case, as it seems like you have more facts/evidence than the rest of the world. Also this case has only been won in the US and is only applicable in the US. Samsung is free to sell there product s1/s2/etc in any other market and is not liable for damages in any other country not finding a patent violation. The thing is even in Korea they have been found in violation, though the damages awarded have been nothing. It also has nothing to do with a rectangle, it's the design of the rectangle and what's inside the rectangle that counts. The I-phone's innovation/design has been cloned thousands of times without compensation to the original innovator. Go to a Chinese online shopping site to see what I mean. The difference is most counterfeiters aren't a globally competitive company. Samsung knows they copied the I-phone and it's time to pay the royalty included to do so. |
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cj1976
Joined: 26 Oct 2005
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Posted: Mon Aug 27, 2012 5:34 am Post subject: |
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| I hope this opens up the way for a host of other companies to sue Apple. They are terribly uncompetitive. Apple genuinely fear Samsung because people seem to prefer the Samsung phones. |
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