Posted on 05/03/2014 2:03:44 AM PDT by Swordmaker
Apple Inc., after seeking $2 billion in damages, won only $120 million from Samsung Electronics Co. in a jury trial over smartphone technology, Joel Rosenblatt reports for Bloomberg. The verdict sets the stage for the iPhone maker to seek a judges order banning U.S. sales of its rivals devices that infringed its patents. The jury also found that Apple infringed one Samsung patent, awarding it $158,000 in damages.
It is hard to view this outcome as much of a victory for Apple, Brian Love, an assistant professor at the Santa Clara University School of Law, said in an e-mail. This amount is less than 10 percent of the amount Apple requested and probably doesnt surpass by too much the amount Apple spent litigating this case, Rosenblatt reports. Jurors found that Samsung infringed two of the four Apple patents it considered in a case, which revolved around whether the maker of Galaxy phones used features in Google Inc.s Android operating system that copied the iPhone makers technology. A finding that Samsung infringed the auto-correction patent was issued by U.S. District Judge Lucy Koh before the trial.
(Excerpt) Read more at macdailynews.com ...
Actually, swordmaker, patent law doesn't require a defense to maintain a patent. I think you're thinking of trademark law, which is similar in many respects. A holder of a trademark (which never expires, unlike patents, and at least in theory with copyright - though the jury is out whether any copyright will ever expire in this country again), must enforce any known infringement of the mark or they can lose their exclusive use of it. Many patent trolls have made millions by letting a patent just sit there for years, so that people unaware of it will use it, (which to me begs why the patent is issued, since anything that is used that widely is likely fairly obvious), so they can swoop in with the lawsuits en mass and make big bucks through government sponsored extortion.
It does require a defense of the patent if you want to stop someone from using it.
I covered the difference between “Made in USA” and “Assembled in USA” above.
http://www.freerepublic.com/focus/chat/3151611/posts?page=59#59
The Apple video on YouTube that shows them making the case, also seems to show some robotic circuit assembly, but the laser etched case clearly says “Assembled in USA” so it’s incorrect to say they are “Made in USA”.
Several years ago, when morons would come on an Apple thread just to call everyone gay, I did my best to snark right back. What I see now is worse.
Swordmaker used the terms bile and hate to describe a rather innocuous statement that turns out to be closer to the truth than anything that you, Swordmaker, or even I had bothered to research a little deeper.
He asked, “Do you prefer to lie, or does it just come naturally? Is it your first inclination? Do you just automatically believe anything Apple claims is untrue? If se, VanDeKoik, your Apple Derangement Syndrome (ADS) is showing. You seem to be foaming at the mouth.”
But VanDeKoik was closer to right than Swordmaker, yet Swordmaker, who can’t seem to use his html skills to size an image, continued to pile on, “You obviously make it up as you go. . . and think Freepers will give you a pass? That’s a Democrat/Liberal/Alinsky technique.”
You did a cursory Google search and some moron conflates “Made in USA” with “Assembled in USA” and that makes VanDeKoik “anti-American”.
The anti-American/Democrat/Liberal/Alinsky types seem to be you and Swordmaker.
My goodness that boy can make a lot of noise about nothing, can't he? He seems to think that because some small percentage of the MacPro may be (horrors) imported, before being assembled into the 100% US made chassis, frame, and power system, and having the American made extruded aluminum and machined case! after having a 100% American made high-end processor inserted into the logic board, that it is NOT "fabricated", "manufactured", "made", or "assembled" in the United States of America? Even many of the sub-components in the Apple MacPro are "Manufactured in eleven other US states," before the final product, the new Apple MacPro is "assembled" at Apple's Austin, Texas, USA, Assembly facility. . . but Leonard would have you believe it isn't in the USA. . . or it really isn't "assembled" . . . or that doesn't mean "made," . . . or it doesn't mean "fabricated" . . . Well, it means he has to be RIGHT!
The following is the disclaimer posted on the linked site Leonard210 provided:
Keep in mind that no computer can be made of 100% American parts. Computers are made of a diverse amount of components made in countries all over the world. In fact no computer can be 100% made in any country. Computers made in China are made up of foreign and American parts too. Hard drives, processors, RAM, motherboards and many other components are made throughout the world. Some individual components are made in factories in several different countries. Because of the diversity of the supplier chain, no computer is made of parts from just one country. But when you are buying an American computer, you are supporting American assembly jobs, and also providing a cost advantage for domestic suppliers of computer components.
I’ll wait for the Fed. Circuit Court of Appeal’s decision rather than iDownload or any Apple site for my information.
Cisco and Apple still use/infringe. the jury got that wrong in the Cisco case...but that’s the chance you take going in front of a jury. I have my own thoughts on that but won’t rehash them here.
I’ll withhold further discussion until the courts decide.
I was not at the trial/s but your words mirror exactly what others who DID attend have spoken in at least one other significant public forum. I’ve been following the company since June, 2010. I wish you/us well. Thank you for articulating the legal wins better than I did.
Actually, I own some Apple stock, so it IS my money.
I never played an anti-Korean, anti-Samsung card. I have little problem with Samsung in general.
I do think it telling when Windows users, many of whom have never used an Apple product, start calling Apple users names. Worshipers? Really? Their products work better than their competitors, in my opinion.
I don't explain away Apple's donating to lefty causes. As a stockholder, I have protested such donations. If more of us complain, they'll change. In the meantime, they make excellent tablets, phones and computers, and I support excellence by purchasing such products. Same reason I won't buy a GM product. I refuse to support mediocrity.
"Worshiping the Fruit?" Do you hear yourself? You are casting dispersions on the character of people based on the technology they purchase. You need psychiatric help. Truly.
"So true!"
So I suppose you guys go strictly conservative made in the USA when it comes to phones. Like this one.
Wow.
As a side note that plastic motorola flip in the ‘before’ is the best phone I ever had.
There are times that you seem lucid but they are becoming fewer and fewer.
Apple didn’t laser etch Manufactured in USA or Fabricated in USA on the Mac Pro because it’s too close to “Made in USA” which has a specific definition under Federal Trade Commission guidelines. Maybe one day Apple will be able to laser etch “Made in USA” on some of their computers but today isn’t that day.
I’m thrilled that Apple is doing some stuff that Saint Steve told Barack Obama couldn’t be done. Saint Timothy seems to be a much better CEO than Steve Jobs ever was (and has a load of crap to clean up for him). Sure he’s the Paul Lynde of the computer industry and a flaming climate change fascist, but somehow he’s been able to perform more miracles than Saint Steven of Cupertino. Good on him!
Roadcat posted a lie from another website and you don’t have the character to be honest about it. He didn’t compound it with juvenile insults and invective, however. The fact that you went all John Wayne Gacy on yet another FReeper is a credit to the mods who’ve remained patient with your whiny outbursts for all these years.
Thank you. I must apologize for my language. Sometimes I get a bit carried away. VHC will ultimately win, as well it should. I have lost all respect for Apple and their lawyers.
That's what hundreds of us have been saying. He seems psychotic and manic depressive. Can't let go of his anti-Apple and anti-American company theme. I'm an Apple stockholder, and I'm definitely not gay. This guy rants and rants and is clearly unhinged about any Apple thread - he truly needs psychiatric help.
So according to Leonard210 and VanDeKoik logic, there are no personal computers made in China! In fact, there are no personal computers made in any country anywhere in the world. Smart, not. Absurd, yes. But that's the thought processes of these anti-Americans who jump on anyone factually reporting on an American company. They love their Chinese and Korean companies, otherwise they would report fairly.
I have an antique phone similar to that one. I collect vintage technology. Mine is a wide rectangular wooden box with a flip-up cover. Back in the old days, most of the product was manufactured here. I also own vintage personal computers from the 1970s. They were marked made in the U.S.A., however they all had chips that were made in Singapore and other Asian countries. Even then in the 1970s, none had 100 percent American origin. The same may be true of antique phones, as the raw materials may have foreign origins. For instance, rubber and fabrics came from foreign sources. No one but an idiot would claim 100 percent sourcing for any product made here, but that's what we're dealing with in regards to some unhinged posters that you see here.
“So according to Leonard210 and VanDeKoik logic, there are no personal computers made in China! In fact, there are no personal computers made in any country anywhere in the world. Smart, not. Absurd, yes.”
You got called out (and I was polite) and all you have left is to knock down a straw-man?
I assumed that you didn’t understand the difference between “Assembled in USA” and “Made in USA” and simply repeated a lie that some sycophant posted. Seems you were deliberately posting a distortion.
I reported accurately which to a groupie may seem unfair. Fair is more of an anti-American/Democrat/Liberal/Alinsky reporting technique. Wouldn’t you agree?
More lunatic ravings from the troublemaker. He just won't give it up. According to his logic, no computers are made anywhere in any country! But he's quick to defend foreign companies. Truly anti-American in his statements.
“More lunatic ravings from the troublemaker. He just won’t give it up. According to his logic, no computers are made anywhere in any country! But he’s quick to defend foreign companies. Truly anti-American in his statements.”
See, now you’re repeating yourself. A strawman is a strawman no matter how many times you say it. You knew the MacPro can not claim to be “Made in USA” but posted a sycophantic fanboy’s lie anyway and then ran to Nikko for support.
Nikko has been fawning over Chinese factories for over a month. OK, I see, you’re running interference for him. Good boy.
As an "outside observer" reading his multiple back-to-back and irrational rants, it certainly appears so, to me, as well; I hope he admits his need and seeks professional counsel and evaluation, ASAP...
Very sweet of you. At least you were man enough to post directly to me. Would be nice if people quoted examples of my “irrationality” but all you fellas have left is juvenile insults. Bravo boys. Bravo.
According to Leonard:
"Roadcat posted a lie from another website and you dont have the character to be honest about it."
Hilarity abounds! What exactly is that untruthful website Roadcat? Oh, it's TIME MAGAZINE.
Hmmmmm. I grant TIME might be untruthful about political things, but tech? I know you could have found similar statements on the Wall Street Journal, ZDNet, PCMagazine, and a host of other authoritative sources. . . but that would have made no difference to Leonard. He suffers from ADS.
He is setting himself up as THE arbitrator of what is true.
I know for a fact that when the MacPro was introduced, Apple had a display of the major components laid out, with their manufacturers' and locations they came from to prove they were USA sourced. Time's reporter was satisfied that a sufficient amount was from American manufacturers to report it was "all made in America" but Apple chose to label it with the safer, and perhaps legally accurate, "Assembled in USA" which has Leonard's panties in a twist.
i notice that not ONE comment on TIME magazine's own article disputed their reporting.
I cannot recall where, but I do remember seeing a list of the suppliers of the components and where they were made. I will see if I can find it. I do know there are some minor components that are imported because they simply are not made in the US any more.
Leonard loves creating "tempests in teapots" over nothing. He is trying desperately to make all kinds of excuses to deflect attention from the truth.
Let's look at his description of my proof. He claims about me:
You did a cursory Google search and some moron conflates Made in USA with Assembled in USAThat is hilarious. Let's look at what I posted, a screen grab from Twitter that was very dispositive of the issue:
Recognize the Tweeter? Most people familiar with Apple issues would. The man who Leonard refers to as just "some moron," who Leonard did not even quote correctlya typical tactic of Leonard's so he can argue what he WANTS to argueis the CHIEF EXECUTIVE OFFICER of Apple, who I think should know exactly what his company is doing the day before they start doing it! That is about as close as one can get to a primary source!
That shoots down Leonard's attempted impeachment of my expert witness. The only moron here is not who Leonard seems to think it is. Perhaps that old comment about when one points a finger, three more are pointing back, is apropos? Such is the nature of Apple Derangement Syndrome. . . no matter what Apple does, it has to have been done in an underhanded, sleazy, evil, deceptive fashion to trick people into believing something untrue. If there is a bad explanation for a perfectly good reason for something, they will invariably choose the bad explanation. . . even if they have to contort logic, facts, reason, anything to get there. It's an emotional, visceral reaction for them. Logic is not allowed.
Two posts were deleted from this thread and Leonard immediately assumes it was because I acted inappropriately and insulted someone. Actually, the posts were deleted because the other poster insulted me, and I quoted his insults to me. . . I did not hit the abuse, but obviously someone, perhaps the other poster because he apologized to another Freeper about his use of inappropriate language. . . but, Leonard, true to type, assumed the worst about me and that the replies were deleted because of my behavior. LOL!
I report and post both negative and positive articles on Apple. They claim I don't. . . I even post the FUD articles. If that is what they are in my opinion, I say so, and try to show why with links to the facts. That offends them.
As the standard states, no computer can be truly 100% "Made in USA," because there are components that must be imported. Claiming that would be a red flag if put on the product. Apple legal would not allow such a claim.
I realize that. . . my point was that it DOES take the pro-active defense of your patent to protect it. If the owner does not sue the infringer, the patent is worthless. Unfortunately, a patent infringement suit is very expensive. The patent office will not protect it. Not pursuing it can effect how a court will enforce it as well. Unequal enforcement can effect how the court will value it.
Even the most thorough patent searches can miss obscure claims in non-related patents. That's where a lot of these patent trolls live. Broadly written Claims in unrelated patents that can be construed to be applied to something unrelated.
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