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Thread: [Editorial] Now That Samsung Was Found Liable, What are the Potential Ramifications?

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    [Editorial] Now That Samsung Was Found Liable, What are the Potential Ramifications?


    Apple vs. Samsung in the U.S. Court System: It was one of the most titanic trials of the decade. A fight between two juggernauts of the mobile industry. Similar battles where being waged around the world, with various outcomes, some of which are still to be determined. In the end, (although the appeals process is just beginning), Samsung lost to Apple. The verdict was paradoxically both shocking and unsurprising. Most of us realized that there was some copying going on (by both sides), but few of us expected the defeat to be so utterly lopsided in Apple's favor. But, what does this defeat mean going forward, for the companies involved, the consumers, and the legal system in general? Here's a brief analysis below culled from multiple sources around the web. Before that here is a defiant statement issued by Samsung in response to the outcome:

    Samsung said in a statement, "[This was] a loss for the American consumer. 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."
    Regardless, now that Samsung has been defeated by Apple in a U.S. court, we have several things to consider throughout this trial. We will attempt to list just a few of the most important ones (please keep in mind, much of this is simply speculation):
    • There is now a long appeals process coming, and it is possible we could see some reversals.
    • During this trial, the publicity of the case actually helped Samsung in world-wide market acceptance and consumer knowledge.
    • Because of all of this publicity Samsung is now considered an equal to Apple; however, after the verdict, their reputation could go either way. It could bolster their position, or they could be perceived as a copycat.
    • Even if Samsung is hurt by this, it may not be much. They are still way ahead of Apple in the emerging markets of China, by a factor of over 2 to 1. Plus, this could rally Android fans even further.
    • Apple will likely now ask for a ban on several Samsung products.
    • Because the infringement was found to be "willful," Apple could seek Treble damages. That would turn the $1 Billion dollar verdict into $3 Billion. That's almost half the profit they made over the past year.
    • This could lead to some sort of cross-licensing agreement between Apple and Samsung, in which Samsung pays Apple to make Android phones. Apple could then go after other Android OEMs for the same thing. This would hurt Android in the long run.
    • Conversely, if Apple decides to pursue bans only, they can now use this case as precedent to go after other Android OEMs, which might hurt Android more (or could force change in the current U.S. Patent system).
    • If Apple does seek a cross-licensing agreement, it will likely cause the price of all mobile devices to go up, which only hurts the consumer and market competition.
    • Emboldened by their success, Apple could try to go after the Galaxy S III now.
    • In the long run, this could actually hurt Apple more than it helps them, because they have effectively forced their competitors to think even further out of the box to remain competitive. Because of this, their competition is likely to change the rules of the game by creating a more disruptive technology. There are signs that this has already happened. Apple is now likely to release an iPad Mini, and an iPhone with a larger display. Both of these are reactive moves designed to keep up with the changes in the market brought on by Android.

    As you can see, there are a ton of ways to look at this situation, and we have only covered just a few. There are obviously other factors to consider, and other perspectives on this complex issue. Share some of your ideas in the thread!
    Last edited by dgstorm; 08-25-2012 at 07:26 AM.
    darkron9 likes this.

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  3. #2
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    Aside from the appeals, the next battle will be whether the patents are valid. This may be were the real battle and changes will take place.
    darkron9 likes this.
    Found my signature file, but it appears to be empty...

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    Well, since this was a jury trial, I suspect this is definitely not the end of the case and discussing the potential impact at this point is just flaming the fires of panic and plays right into Apple's plans. Juries are famous for not understanding the complexities of patents and even if some do hold up, deals are made, the money changes significantly, and life goes on.
    darkron9 and janjank like this.
    Cheers, Dave

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    Anyone else think that the jury was full of iPhone (steve jobs invented everything and all others are copycats) owners who want to make sure nothing happens to the iphone 5?

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    Oh I knew it was gonna turn out like this. About 75% of the population here see a smartphone and label it a iPhone, they see a tablet and label it a iPad. Who did you think the American public was going to side with. That's the power of advertisement Apple controls over all smartphones & tablets. When you are able to replace the generic name of a product with your brand name for that same product and have the whole population calling it that way you are in control. (Q-tip, Vaseline, Band-Aid, ChapStick, Windex, iPod, etc.)
    bgrau2000 likes this.

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    That is a thought. For a trial such as this, are jurors supposed to have no prior knowledge of either product?

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    I believe there is a level of merit towards Bilgedivets nicely snarky thoughts. When stepping though the information on Groklaw I found it took quite a while to consume the information as it applies to both parties. So to render a verdict in the timeline that we had witnessed speaks for itself. I also reflect on what appeared to be judicial bias on how Samsung was treated when filing additional evidence in support of their defense. I perceived an inequalable approach which should allow for appeals and due process.
    So.... One would think that this far from being over. It reminds me of a 1960s soap opera.
    darkron9 likes this.
    Thank you,

    All the Best from the Great Northwest...


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    Quote Originally Posted by mrrobc97 View Post
    Oh I knew it was gonna turn out like this. About 75% of the population here see a smartphone and label it a iPhone, they see a tablet and label it a iPad. Who did you think the American public was going to side with. That's the power of advertisement Apple controls over all smartphones & tablets. When you are able to replace the generic name of a product with your brand name for that same product and have the whole population calling it that way you are in control. (Q-tip, Vaseline, Band-Aid, ChapStick, Windex, iPod, etc.)
    Coke (coca cola), Crescent Wrench (Crescent is a manufacturer)

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    Quote Originally Posted by mrrobc97 View Post
    Oh I knew it was gonna turn out like this. About 75% of the population here see a smartphone and label it a iPhone, they see a tablet and label it a iPad. Who did you think the American public was going to side with. That's the power of advertisement Apple controls over all smartphones & tablets. When you are able to replace the generic name of a product with your brand name for that same product and have the whole population calling it that way you are in control. (Q-tip, Vaseline, Band-Aid, ChapStick, Windex, iPod, etc.)
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    Quote Originally Posted by Torrid View Post
    That is a thought. For a trial such as this, are jurors supposed to have no prior knowledge of either product?

    Sent from my AT100 using Xparent SkyBlue Tapatalk 2
    In a word, No. All trials are the same under the law. A juror just has to swear to make a decision in an unbiased manner regardless of what they know about either party.
    jdoc


 
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