The Seoul Central District Court in Korea has ruled that Samsung and Apple have actually violated each other’s patents instead one violation the other. The end result of this is that both companies are completely banned from selling the violating devices in South Korea. This ruling includes the iPhone 4, iPad 2, the Samsung Galaxy S II, Galaxy Nexus, Galaxy Tab and Galaxy Tab 10.1. I’m not sure how they were able to say the Galaxy Tab was an infringing device, but either way, both companies were rewarded with pretty drastic damages. While the ruling may sound like it’s more leaning in the favor of Apple, Apple really does not have near as many projects as Samsung does. That said, the Seoul Central District Court found a handful of Samsung devices violating the patents while Apple also was found to violate the patents (just not in as near as many products).
Apple is accusing Samsung Electronics for creating confusion among consumers along with being an outright copycat (I would disagree with both of those arguments). The judge noted despite the close relations in physical design, the devices between Samsung and Apple have some very distinct logos, making it extremely difficult for consumers to mix the two products up. How can you confuse an apple with a bite missing with metallic Samsung text on a tablet? This really confuses me but the judge (when you get down to the details) actually seemed more in Samsung’s favor. Along with the logos, the judge also said that Samsung’s products differentiate from Apple’s with its three button layout in the front and different designs for the camera and sides of the device. The judge also had considered the fact that consumers did not just look at design, but also looked at other options when purchasing a new device such as price, brand, applications, services and operating systems.
The court decreed that Apple violated two of Samsung’s wireless technology patents, while Samsung only violated one of Apple’s bounce-back technology patents. That said, Apple is required to pay Samsung a small amount (at least to them) of $17,650 for each violated patent while Samsung is required to pay Apple $22,000. Samsung is really making it out on this deal.
So far, we haven’t heard anything about the two companies agreeing to a licensing deal yet, which could lead to problems in the future. I’m kind of curious if this ruling will have an affect as to what happens in the United States or if it’ll be a completely different ruling. Currently Apple and Samsung are in the final stages of their lengthy war in the courts that is supposedly supposed to end soon. That said, since the violations are supposedly the same in the U.S as they were in Korea, we will either be seeing a similar outcome or we’ll be seeing Apple blamed for violations entirely. Whatever ends up happening with them though, I’m almost 100% sure that Apple’s really going to be hurting after Motorola gets done with them.
As for the case with Motorola, it is supposed to take place today where the FCC will be making a decision on the past lawsuit that was closed. Motorola has tons of wireless patent technologies and there’s no doubt that Apple is using some of them after they refused to sign a license with Motorola. That said, they plan on fighting it and could end up to be really bad for them here in the States. While Apple aims to have a Google-free iPhone, a lot of could just be seeing an America-free iOS in the near future after Motorola requested that most of Apple’s products be banned in the States.
It may seem over-zealous, but if you think about it, it’s fair game, really. Apple wants to get rid of Android entirely in the states, and has said that on numerous occasions based off of Steve Jobs’ biography statement where the co-founder said he was willing to go “thermonuclear” on Android. That said, Motorola is only playing fair game, in my opinion. If anyone is going to go thermonuclear though, it should be the people who originally created the patents and ideas in technology that Apple supposedly “invented” when they actually just attempt to “perfect” it.
While I hope that Samsung wins this lawsuit, both companies are at fault for not just violating each others patents, but are at fault for violating patents that belong to others long before smartphones made its mark in the mobile industry. There is a lot of wireless technology and touchscreen patents out there that don’t belong to Apple or Samsung, but belong to those that were already working on touch technology. An example of this is evidence that has been owned by Samsung’s lawyers, the Mitsubushi DiamondTouch Tablet.
Oh and if this lawsuit is really all about the rounded corners on the various smartphones and tablets, we mine as well sue the Etch a Sketch for taking that idea into play too!
Hopefully we’ll be seeing a resolution to all this madness soon. The jurors do have a lot of work ahead of them after hearing Judge Koh’s 100 pages of instructions. That said, who knows when they’ll finish and be able to get through all of this. I still hope that Samsung won’t be found guilty and it’ll be Apple, I personally think the Galaxy Tab 2 10.1 and even 7.0 is an amazing technology compared to the iPad.I really would hate to see the device(s) banned from the States due to supposed infringing patents that are actually pretty ridiculous in themselves. I also hope we’ll be seeing Motorola give Apple a good whipping around too and for obvious reasons.
Make sure to stay with us for the epic conclusion of this trial!
Anyone ready for the madness to end yet? Do you think that ruling in the Seoul Central District Court will have any influence on how things end up happening over hear in the United States or even other countries like Germany for that matter? Let us know in the comments below!
source: Talk Android