decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Samsung Wins 60:40 in Korea | 289 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
SAMSUNG WINS PATENT SUIT IN KOREA
Authored by: Anonymous on Friday, August 24 2012 @ 07:39 PM EDT
It wouldn't be the first trade war instigated from the USA.

[ Reply to This | Parent | # ]

Samsung Wins 60:40 in Korea
Authored by: Anonymous on Friday, August 24 2012 @ 10:35 PM EDT
Both parties were awarded points against the other in Korea.
The products banned and money to pay worked out roughly
65% against Apple, 35% against Samsung. the dollar amount
was tens of Ks, the products banned all last year's models,
the market involved maybe 10% max of global market for both.

Korea was a sideshow, but so long as we keep giving nation states
one vote each, then the tally over the worldwide capaign will
be interesting.

[ Reply to This | Parent | # ]

SAMSUNG WINS PATENT SUIT IN KOREA
Authored by: Anonymous on Saturday, August 25 2012 @ 03:26 AM EDT
Let me see:

Samsung v Apple in Korea and Samsung is declared to not copy Apple - obviously
Samsung being the local boy can't do wrong.

Apple v Samsung in USA and Samsung is declared to copy Apple - obviously Apple
being the local boy can't do wrong.

1-1. Ok, let's try a "neutral" ground:

In UK Samsung declared not to copy Apple (by Judge Birss).

Hmmm...2-1 against copying AND UK so often seems like 53rd state (perhaps Judge
Birss was biased against Apple for that? Or perhaps he's just got his head
screwed on properly).

Let's have a quick look at a couple of points:

Apple get Samsung sanctioned (by magistrate who refuses to allow Samsung to get
Apple sanctioned) for not keeping evidence when Apple was NOT itself keeping
evidence for longer (ie only started keeping evidence AFTER Samsung) AND they
were the plaintiff and OUGHT to know when litigation would start.

"On appeal, Samsung would likely argue that Judge Koh's ruling to keep
evidence of "prior art"—evidence that designs similar to Apple's
iPhone and iPad existed before Apple got certain patents on those products—out
of the hands of the jury was wrong and that the case should be retried. Early
on in the trial, Samsung strenuously objected to Judge Koh's decision to exclude
evidence it argued proved Apple copied elements of the iPhone from Sony Corp.,
which could have been used to undercut the validity of patents on Apple
designs."

Samsung was denied to bring evidence that suggests that Apple copied in the
first place.

Put the two together and it suggests that it was unfair for judge Koh to not
sanction both Samsung and Apple (harder) for not keeping evidence (pointing out
that Apple had only been keeping evidence from a much later date than Samsung
AND they asked Samsung to be sanctioned for not keeping evidence).

It would have been much fairer for Apple to be sanctioned harder (as Plaintiff)
for not keeping evidence until much after Samsung did as it also then puts
Apple's claim of copying into perspective: Apple was guilty of not keeping
evidence for much longer than Samsung, but yelled loudly that Samsung wasn't
keeping evidence - obviously to distract from their own lack of keeping evidence
- so what can really be made of Apple yelling that Samsung copied it: was Apple
in reality guilty of copying much more in the first place - something the denied
evidence would suggest.

Or perhaps would it be fairer as it would sew so much doubt in to the validity
of Apple's claims that they would not have much chance of winning if it had been
done?

[ Reply to This | Parent | # ]

SAMSUNG WINS PATENT SUIT IN KOREA
Authored by: Anonymous on Saturday, August 25 2012 @ 01:08 PM EDT
Wonder how the contract reads....since Samsung supplies
Apple's retina displays....and if I were Samsung, I'd stop
supplying my competitors (unless I charged them like
$400/display) :)

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )