Saturday, 25 August 2012

Apple's big win over Samsung

In a statement released shortly after the verdict, Samsung called the decision "a loss for the American consumer" that would reduce choice and innovation and possibly result in consumers paying higher prices:
It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple's claims. Samsung will continue to innovate and offer choices for the consumer.

"We applaud the court for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right," an Apple spokesperson said following the verdict.

The first thing that now happens is a "post-trial motions practice." This is where we will learn whether U.S. District Judge Lucy Koh intends to modify the damages award against Samsung and issue a permanent injunction against the company's products that were found to be infringing. All of Samsung's handsets were found to infringe at least one of Apple's patents. Love said Koh could also triple the damages award. Before doing any of this, it's possible she will allow the parties to file motions on this issue.

It's not at all clear whether Samsung's products have to come off the market right away if the judge issues an injunction," Love said. "Will the [appellate court] stay the order pending the outcome of the appeal? In all likelihood, it will be months, maybe years before any money changes hand between Samsung and Apple."

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