+86-13910160652 +86-10-52852558

EN

Chief Lawyer Xu Xinming

Chief Lawyer Xu Xinming
139-1016-0652 +86-13910160652 ciplawyers@163.com ciplawyers@163.com
About Us Consultation

Working Progress

more >

IP Express

more >

Judicial Development

more >

CASE

more >

IP Theory

more >

IP Practice&View

more >
Tools for trade secret asset management

Tools for trade secret asset management

12-20 2024

legal System

more >

Chinese Law Library

International Law Library

Return to List
HomeHome > IP Express > US&UK > Patent

Jury Awards $1.05 Billion to Apple in Samsung Patent Case

Post time：09-13 2012 Source：cipnews.com.cn Author：
tags： Apple Samsung patent case
font-size: +-
563
After a year of scorched-earth litigation, the jury at the federal court in San Jose, California deliberated for  three days before coming to a unanimous decision, rejecting all of Samsung's claims and upholding Apple's allegations, ordered Samsung to pay Apple $1.05 billion in damages for infringing intellectual property on August 24. The jury decided several Samsung devices had infringed iPhone-maker Apple's 6 patents, but rejected counter-claims by Samsung. Apple said it intended to seek sales injunctions of Samsung’s 8 products. 

Samsung immediately said it would take "all necessary measures" to respond to Apple's proposed injunction, including the application to stop the injunction, making an appealed application and modifying the products’ design, etc. According to another report, a Tokyo court ruled that Samsung did not infringe Apple’s patents and hence rejected Apple's claim for indemnity on August 31. Up to now, the patent war continues.

Apple’s big win 

Correspondents say the ruling is one of the most significant in a global battle over patents and intellectual property with $1.05 billion indemnity and $400 million of counsel's fee. 

Apple filed its patent infringement lawsuit in April 2011 in the federal court in San Jose, California that several of Samsung's phones and tablets infringed on Apple’s patents and engaged legions of the country's highest-paid patent lawyers to demand $2.5 billion from its top smart phone competitor. Samsung fired back with its own lawsuit seeking $399 million. The 20-page verdict was read in court that Samsung violated Apple’s 6 patents, for example: some of Samsung's handsets infringed Apple's design patents for the look of its iPhone including the system it uses to display text and icons; several Samsung devices incorporated Apple's facility allowing users to zoom into text with a tap of a finger; some Samsung devices had copied Apple's "bounce-back response", which makes lists jump back as if yanked by a rubber band. 

Apple said in a statement that it applauded the court for finding Samsung's behavior willful and for sending a loud and clear message that Samsung is copying. Apple said it intended to seek sales injunctions at a follow-up hearing. The jury found that 21 Samsung products, including its Galaxy model, illegally used Apple’s creations such as the "bounce-back" feature when a user scrolls to an end image. It means that Samsung must cease infringement and modify their infringing products before entering the US market again. 

Potential social impact  

Apple’s suit against Samsung has partly been viewed as a proxy war against Google's Android software, including current models by Samsung as well as other firms. Analysts said that as the potential biggest market for smart phones globally, China’s enterprises producing phone with Android system will get into troubles if Apple brings the patent lawsuit to courts in China. 

Li Shunde, a law professor at the Chinese Academy of Sciences, told China IP News that there is a possibility that Apple will file a lawsuit against Chinese smart phone makers in China in consideration of tremendous economic benefit. “Winning a battle of global attention, Apple has no reasons to withdraw attack. But we may see different ruling owing to the inherent disparities in patent system between the two nations. If Apple plans similar lawsuits in China, it is not simply an issue of patents from the same family. Technical issues such as claims, protection scope, evidence admission and economic issues such as market position are among the issues Apple shall not look past,” said Professor Li.  

After seeing Samsung's legal defeat, other device makers relying on Android may become more reluctant to use the software and risk getting dragged into court, even though the verdict will not have a direct effect on Chinese market. “I think Chinese companies should remain conscious in establishing partnership, proactively obtain licenses from patent right holders. This is their wake-up call to shift more attention to  creating their own core patented technology, investing more on innovation and generating more choices to consumers.” said Mr. Li.
PreviousPrevious NextNext

Relate Articles

Comment

Consultation
+86-10-52852558 +86-13910160652