The jury comes back – Apple crushes Samsung at trial, gets Billions in damages and Microsoft wins!

This is a FANTASTIC day to be Microsoft!

Today, the deliberating jury in the Samsung vs Apple case came back and returned several affirmative votes in Apple’s favor.

They said unanimously that Samsung infringed several of Apple’s patents.

They awarded Apple over 1 Billion dollars!

Some highlights:

  • The jury found Samsung infringement of Apple utility, design patents for some (though not all) products
  • The jury upheld Apple utility, design patents
  • The jury upheld Apple trade dress ‘983
  • The jury found Samsung “diluted” Apple’s registered iPhone, iPhone 3 and “Combination iPhone” trade dress on some products, not on others
  • The jury found no Apple infringement of Samsung utility patents
  • The jury found Samsung violated antitrust law by monopolizing markets related to the UMTS standard

Thet’s big news but here’s the real news as far as I am concerned.

Google and Samsung lose big today!

This is devastating for Samsung’s reputation, devastating to their wallets and devastating to their products both on the market and in development.

Samsung have to take a very critical look at all their designs and products to make sure they don’t release any more products that continue to violate Apple’s patents.

In addition, Samsung competitors and other Google Android partners will have to study these patents to make sure that they aren’t in a similar position and (now) exposed to Apple’s wrath.

Here’s the kicker..

Microsoft wins big today!!

Indirectly, the Android UI was on trial and it has been shown to be dangerously close to Apple’s UI in a court of law.

Even if you make the claim that Samsung’s enhancements to the Android UI are the problems at fault today, this still freezes a lot of Apple competitors who were looking at going in Google’s direction.

Guess what the net effect is?

I have to imagine that Microsoft’s ecosystem just got a LOT more attractive if you’re an OEM.

Say what you will about the Windows 8 ecosystem, the one thing you CANNOT say is that it looks like ANYTHING Apple have done.

Windows 8, it’s Metro interface and it’s look and feel are uniquely Microsoft’s.

Google (in my mind) is the big loser today.

What do you think?

Please Leave Your Comments Below...

  • Rex

    I agree completely. The funny thing I was thinking the other day is that this battle would end with a win for MS either way it could go. But I think MS wins bigger this way. As you say. OEMs can not go with iOS UI, but Windows is a good option. With Apple just the other day touting Windows Phone as a perfect example of how not to copy, MS has some pretty blue skys ahead. Windows Phone 8 really makes the OS a viable option. Now MS just has to get some consumer recognition.

    • http://www.windows8update.com Onuora Amobi

      Yeah.

      Now if consumers just get with the program…

      • Joey

        It’s not the consumers’ fault. When I was with T-Mobile, I went into the store to try out a Windows phone. They had trouble finding one in the store to demonstrate. Great sales technique. NOT!.

        I decided later to switch to AT&T. I went into the AT&T store to buy a Windows phone. The salesman quickly steered me to buy an iPhone. I took it back after a week and got me an HTC with WP 7.5. I love it.

        In the store, the Windows phone is the proverbial red-headed step-child no one wants to talk about. Until MS persuades the carriers to sell the damned things, no one will buy them!

        • Mike

          It’s not that MS didn’t “push” Windows phone 7, it’s that the major wireless carriers dropped Windows phone in their consumer stores several months after release due to low sales. The stores mostly sell to consumers, not directly to businesses, and Windows phone is designed for businesses running Windows server and Exchange.

      • professor

        Hey Onuora, I saw on the BBC’s CLICK about a week ago that the war between Apple and Samsung has revealed that MS has paid Apple for patents.

        • Darkpr0fit

          You might be surprised to find out that Microsoft is one of the organizations behind this suite.

  • CompUser

    Actually, it’s $1.05 billion. And I’m wondering, if they actually ever get any of that money, how much of it they’ll share with all the companies they’ve stolen patented and/or copyrighted materials from. Even Apple’s logo was stolen from the Beetles’ Apple Records.

    • Rodney Longoria

      *the Beatles*

      • http://www.windows8update.com Onuora Amobi

        Umm.. ok

        • Rodney Longoria

          That was in response to CompUser’s post, “Even Apple’s logo was stolen from the Beetles’ Apple Records.” — not the article, Onuora. LOL!

          • darkpr0fit

            Used to work for Apple, you be surprised how much apple has stolen.

    • http://www.windows8update.com Onuora Amobi

      Thanks!

      Correction made. That number was flying all over the place today.

  • Michael

    This is where all the rubbish about intellectual property come to the fore.

    The fact is that what it looks like does not mean a thing. Two people could easily come up with the same design as far as looks are concerned for any product – especially for software.

    The way you market a product, listen to your customers, and the service you provide is what will make you attractive to potential and existing customers.

    Making money from pathetic law suites is just an indication of your greed and lack of commitment to customer service, and a desire to make your product affordable to the masses.

    What should really be on trial here is whether copyright, patents, intellectual property laws etc etc should be abolished.

    SHAME on Apple, and anyone who gloats over the loss of Samsung.

    • http://www.windows8update.com Onuora Amobi

      Umm OK.

      That’s an opinion as well.

      It would lead to all out anarchy and loss of innovation but thanks for your comment anyway.

      • Michael

        Well if you think about it, the “copyright and intellectual property” laws are simply abused by the software, movies, music, giants, and other like them.

        Just think about from another angle: I used to work in the Fibrous Plaster industry, installing very ornate cornices, roses etc..

        You can really call it a work of art to do a very nice job – but I can’t charge a fee every time someone looks at it.

        The methods I used to do the work are exactly the same as many others in the trade would use, even perhaps an exact copy of the procedures used – but I can’t be hit with a Copyright infringement notice.

        The finished product could be very much the same as any other trade could have come up with – but again I cant be sued for breach of copyright.

        The only thing that can make me differ from the competition, would be CUSTOMER SERVICE.

        When it comes to devices and software design it is pretty much impossible to do something completely original – something that doesn’t look or feel the same. So in some way every vendor, hardware or software, is copying some aspect of the product from somewhere else.

        The only thing that can really make them differ is CUSTOMER SERVICE.

        I for one actually like Apple hardware, but really it is no different from any other device of it’s kind, the same can be said with phones and computers. I have never yet bought an Apple product because they just rip people off. For example iPads range in prices depending on the storage, but 64GB of storage is not worth $100.00 more than 32GB.

        So for me CUSTOMER SERVICE is not part of Apples plan, and that’s why I don’t buy their products.

      • Michael

        Oh and I forgot to mention:

        I don’t think it would lead to anarchy and loss of innovation. Rather it would lead to tougher competition between the big guys – how to make the latest innovation on the scene work at its best, and deliver a product to the customer with the best price possible.

        Oh silly me – that would mean Customer ServiceInterests gets first place, rather than lining the pockets of the share holder, and all the milkmen at the top of the chain unfairly – Duh – of course that’s why we have laws to protect, cough cough, prevent people making the same thing others make.

        Copyright laws, and patents lead to monopoly, and outrageous profits, and the consumer is always the one that pays for it, and more than with cash.

        For goodness sakes how many bakeries around the globe make pies….. 🙂

        It is a wonder Apple haven’t sued granny for calling her delicious pie (sshh – you know the one with apples in it) Apple pie, how dare she!

        • Kevin Mulcahy

          Another outbreak of common-sense from Michael, – quite enough of that sort of thing for one day!,

          It seems that Onuora finds himself in the unfortunate position of having to defend the indefensible. – I am reminded of the wise old saying; – “the first thing to do when you have dug yourself into a hole is to stop digging”.

          • Darkpr0fit

            I agree!! He is a MS groupie!

          • http://www.windows8update.com Onuora Amobi

            MS groupie?

            Really?

            LOL

          • http://www.windows8update.com Onuora Amobi

            *sigh*

            Who exactly am I defending? Microsoft is not even involved!

            They just happen to derive benefits from the situation.

            Apple won – the jury found for them. How is that my fault?

        • Mike

          Business is profit oriented, and these days it will use any legal means (and in some cases, even illegal means) to improve profit. So if the expected profit from an illegal activity is $ 100 B while the expected fine is $ 1 B, what will happen? Look at drug manufacturers, or financial derivatives, for example. I heard Samsung is going to appeal.

      • Yada Yada Yada

        Why do you always say “Umm OK” when you try to discredit someone’s comment.

        Nearly every comment on this site (and other sites) are opinions. That is all comments here are. Some are based on fact, but most are opinion and sadly emotional ones.

        His comment is valid, and I share his opinion. Patents have gotten way out of control and have become laughable. Well, unless you are Samsung and have to pay for this.

        I think companies should be able to protect IP. Protecting icons and rounded corners is just silly.

        Thank goodness Ford didn’t patent the gas pedal on the right and brake/clutch on the left. Or the steering wheel idea. Yes, innovative, but they should be allowed by others.

        I find this trial ridiculous. The iSheep will be out in folds now. That religion needs to stop as well. But I will save that for another comment.

        • http://www.windows8update.com Onuora Amobi

          Everyone’s comments are valid expressions of what they believe.

          I just don’t have to agree.

          • Yada Yada Yada

            And I agree. My comment wasn’t that you disagree, which is fine, it is how you do it.

            Sorry to push this, I am only saying that when someone uses the typical “umm ok” type of comment, it comes across as “moron, that’s stupid”.

            I know you didn’t mean that, I am only trying to say it isn’t good to disagree with a personal inflection.

            In other words.. why say “umm ok” at all?

          • Yada Yada Yada

            …and, I don’t mean to come across attacking you. That is not my goal. I only wanted to tell you it comes across as a personal attack discrediting their opinion. It was on multiple posts.

      • Darkpr0fit

        Yeah and it’s a good one!!!!!!!

    • Michael Chrzan

      You sir, are a saint! Exactly what I was thinking. Apple is afraid of competition because they know they will lose and this shows they care more about money than consumers or the market.

      • http://www.jayteepics.com Jamie

        I concur with the above and also I find the gloating tone very sad too. Patenting a ‘look and feel’ is pathetic. Now if the actual technology is physically ripped off that is another matter.

        This smacks of the McDonald chain lawyers filing suits against tiny bespoke companies whose name has been McDonalds since great grand dad McDonald set up his wee bakery or distillery in the Scottish highland 100 years ago. In this sense it is bad news for all consumers and Apple too.

        MS interfaces should stand or fall on their own merit and not rely on fallout from lawsuits.

        If any appeal fails I definately won’t just by default move from my Samsung GS2 to Windows Phone 8 as a result rather It will have to prove that it is a winner in its own right

  • tom L.

    Thanks Onuora from Windows News. The news of apple vs sammy is nice to be informed, and it’s ok if google loses. I mean, Google is too big for their britches anyway, so down a notch is ok. Can you believe that google will not even accept a donation at the end of the year? Gimme a break dude, i mean, Google, go to church.

    • http://www.windows8update.com Onuora Amobi

      Yeah.. Google are ..interesting…

  • http://voleheart-skytex.blogspot.com Ezekiel Carsella

    great way to look at it.

    • http://www.windows8update.com Onuora Amobi

      Thanks!

  • Ben Chicka

    Another thing to point out is Samsung will without a doubt appeal this decision… at least that is my understanding. This is going to be dragged out for quite a while.

    It is nice that Microsoft is not involved for once. Still have a lot to prove. Can’t wait to see!

    • http://www.windows8update.com Onuora Amobi

      Yeah but even if they appeal, the psychological damage is done.

      Where do you go to get your good name back?

      • http://www.youtube.com/watch?v=8km-ZrIeR_0&feature=related 1stkorean

        This is a sad day for a once proud country the US it is now the United States of Apple.

        I doubt seriously if this will harm the Samsung name as much as it will the apple name. The PR backlash has already started.

        It is common knowledge world wide Samsung makes surperior products than that rotten fruit company.

        • http://www.windows8update.com Onuora Amobi

          A jury said they stole. That’s pretty tough.

      • Steverido

        I do not think that their reputation is damaged. As most have pointed out the patents laws have got ridiculous and one will always cross over ideas because there is a limit to what can be done. IE, rounded icons. I am a lover of android simply because it is open source. Apple is much greedier than Microsoft was ever slandered for and whilst their products are nice, there is a price for buying them and their customer service is very poor. If you take a product such as an iphone back to their shop for repairs they encourage you to upgrade to a newer one and at a cost. What happened to recycling or the environment?

      • REWard

        The US is not Samsung’s biggest market! And 1 billion is not squat to Samsung!

        Look at Dell & their very un-ethical theatrics with the advertising of cheap, trashy PCs, that when you talk to a sales rep the first thing they say is, “We don’t recommend you buy that!”… If you do not recommend it, then DO NOT advertise/build IT…

        Yet, Dell seems to keep on selling pc after pc. This kind of stuff does not hurt anyone’s good (or bad) name!

        It is all marketing, no matter how you look at it!!!

    • http://www.windows8update.com Onuora Amobi

      It is nice that Microsoft aren’t involved in this…

  • Kevin

    No wonder the USA is dying. The absurd court decisions on patents and copyright have all but killed off innovation, manufacturing and undermined the fundamentals of the USA’s free enterprise system.
    Apple never invented or created anything. They stole it and bought up ideas and inventions.
    Apple is as rotten as the entire US legal system.
    Apple were panicking because Samsung and Android were winning the game and Apple’s only way of winning was not creating a better product, but, with the aid of the Judges (if they can be called that) kill off the competition
    I for one will never buy, use or even borrow any overpriced, overblown Apple product.
    Shame on Apple. Shame on the courts and shame on the USA citizens for allowing this to happen.

    • http://www.windows8update.com Onuora Amobi

      That’s one way to look at it.

      thanks for the comment.

  • Afred E Newman

    Xerox, Atari,Amiga,Apple,MS, Samsung etc. Isn’t it a case of the Kettle calling the Pot black.
    I seem to remember everyone that manufactured a PC had to pay MS a fee even if there was no intention of using a MS product. Bring on Linux. The greatest thing MS did was to get rid of CPM and force software writers to conform to a standard

    • http://www.windows8update.com Onuora Amobi

      I love Alfred E from MAD magazine by the way.

      🙂

  • Mark

    Apple will ruin the World’s mobile market with this ruling, bad bad day for consumers, now our private lives and choices will be governed by them, very bad decision, I hope Samsung appeal this, I bet the Jury all have Apple devices 🙁

    • http://www.windows8update.com Onuora Amobi

      It’s not that bad.

      Microsoft have shown that it’s possible to innovate and be original.

  • Kevin Mulcahy

    I am no expert on Microsoft, Samsung, “the internet” or any of the associated “gismos” related to them.

    However, what is very evident from the comments on this mattert, is that very few of your readers are shrieking with joy and performing cartwheels of delight, following this court ruling.

    For my part, I will align myself with the likes of Michael, Michael Chrzan, Jamie, Alfred E Newman, Kevin and Mark. These all appear to be level-headed, well informed people, who can see beyond a brash and gloating headline.
    Have a good day!

    • http://www.windows8update.com Onuora Amobi

      Thanks for your feedback!

      🙂

  • Panos

    This is horrible news for everyone. What a massive shame.

    • http://www.windows8update.com Onuora Amobi

      Why?

      • http://www.jayteepics.com Jamie

        Onoura I don’t think you have been reading your own site comments above either that or you have only your own narrow agenda. Whilst I realize this site is Windows8update surely this is a bigger global issue than how MS will reap the rewards of this decision against Samsung’s?

        I mean come off the fence 😉
        Remarks such as “Interesting”, “Thanks for your feedback” and “It’s not that bad. Microsoft have shown that it’s possible to innovate and be original”
        actually speaks volumes about the only bed you choose to lay on.

        Apart from a Palm Pilot all my PDAs/Smartphone have been WinCE up to WinMo Pro6.5.
        However faced with the rather locked in Windows Phone 7 (the killer being it would only sync with MS Office if you had enterprise version!!) or for that matter the even more locked in unjailbroken iPhone 1-4S I chose Android.

        Frankly at this point MS obviously needs all the apologists it can get for its Smartphone strategy up ’til now and hopefully Windows Phone 8 will be so successful it doesn’t need said apologists to Gloat today.

        • http://www.windows8update.com Onuora Amobi

          Thanks for your comments.

          I have no idea what you’re going on about. Are you saying my agenda is pro Windows or anti Windows?

          I’ve been accused of both so i think i’m doing a good job…

          🙂

          • http://www.jayteepics.com Jamie

            In this instance your focus is ‘Pro-Windows’ / “Microsoft”
            “The jury comes back – Apple crushes Samsung at trial, gets Billions in damages and Microsoft wins!”

            “crushes” and “Microsoft wins!” your choice of words

            Yes I have noted quite a few occasions over the months where MS got it between the eyes so I’m not accusing you of being a fanboy just the “Tabloid” Title and a failure in this case IMO to address the Global impact that other posters here have alluded to.

            But hey, others are balancing up the argument thanks to you offering YOUR site as a vehicle for discussion.
            Thanks

        • http://www.windows8update.com Onuora Amobi

          Well, you have kindly acknowledged that I shoot at all parties so i appreciate that.

  • Daniel Gray

    C’mon REALLY?? Samsung has already stated they intend to appeal and the area in California that gave Apple this decision is well known for going overboard in punishments like this and has been overturned in over 92% of the cases, if not having the judgement dismissed outright. And for ANYONE to try and say that touch screens are exclusive to Apple is BS! Windows had a touch screen computer long before Apple decided to use it on the phone, so according to this decision, Apple owes Windows royalties on EVERYTHING they have that has a touch screen. BULL! This decision will be overturned as to do otherwise forces people who want smart phones to buy Apple only as seemingly they are the only ones that can make smartphones, and that makes them a monopoly and that is a violation of all federal trade laws and US Code. Apple had better watch their six, as if they push this too much THEY could be the ones being sued by the US Government and not them going after Samsung.

    • http://www.windows8update.com Onuora Amobi

      No one said Touch screens are exclusive to Apple. Samsung just rode their bikes too close to the street… that’s all…

      • Herawan

        Looks like everyone want the USA going down…….just like europe

      • Kevin Mulcahy

        Could you please elaborate? – I haven’t the faintest idea what you mean by that comment!

      • Daniel Gray

        Really? Then why does it say that in the court decision?

  • http://www.youtube.com/watch?v=8km-ZrIeR_0&feature=related 1stkorean

    This was NOT a FANTASTIC day for anybody!

    Did anybody expect a different verdict?

    An apple trail on apples home turf with juors from the surrounding San Jose area.

    This circus was one sides from the get-go. I am sure the judge was owned by apple, and the jury probably all got their iCrap iToys delivered today.

    Further from my readings even here in Korea the bad PR is gonna come back and bit apple in the A$$ and rightly so. apple is as evil as that dead guy steve jobs was and still is in many peoples mind.

    Although there is an appeal in the works, there is a movement already going on here in Seoul in the event Samsung is ordered to pay up the people will pay the settlement. As many of you might know Korea is very rich now we no longer live in caves and sleep on the floor.

    Use to be when the US coughed, Korea caught the Flu…well not any more South Korea lends big bad US $2,000,000,000.00 a day since they are borrowed out from other countries around the world.

    • Yada Yada Yada

      “South Korea lends big bad US $2,000,000,000.00 a day since they are borrowed out from other countries around the world.”

      Do you have a source for this? Searching reveals nothing regarding $2 Billion a day being loaned. You realize that is nearly 3/4 of a trillion dollars a year, right?

      Care to share?

      • http://www.youtube.com/watch?v=8km-ZrIeR_0&feature=related 1stkorean

        I must have mistranslated now so I will go comitt hari kari

        http://i47.tinypic.com/308cwp4.jpg

        • MGuth3

          hara kiri but yeah!

    • http://www.windows8update.com Onuora Amobi

      I would love to see a source for this 2 billion $ a day loan…

  • Rodney Longoria

    So, what’s the bottom line here? What it comes down to is that the folks who love Samsung Android phones won’t stop buying them because of this ruling. In fact, I would doubt those people would switch to anything else, especially an iPhone. Sure, Samsung will make adjustments but will still have all the bells and whistles that customers want. Samsung will move along.

    I think people get so embedded into a culture that appeals to them and are horse-blinded into most other options — until it doesn’t meet their needs or customer service-related issues come into play (I dumped T-Mobile for that reason alone and it was beside the point on which phone I was using). We become de-facto die-hards — rightly or wrongly — depending upon various circumstances.

    Both sides need to take a deep breath and realize that this is NOT a life-threatening issue. Ultimately, a phone is a phone. We have bigger fish to fry in the world today.

    • http://www.windows8update.com Onuora Amobi

      I think Apple felt it was necessary to protect the billions they spent on developing all the hardware (iPhone, iPod, iPad etc)

  • cliff stillman

    Sad day indeed 🙁

  • HellcatM

    Onuora Billions? It was a little more than a billion no (S).

  • Mike

    Patent infringement for stealing the “Look and Feel” – Using the reasoning applied by the court, Microsoft should be able to sue Redhat and Novell for the fact that Microsoft developed and patented “Windows” – a windowed GUI. Until about 10 or so years ago, Linux did not have a desktop GUI. So Linux developers “copied the look and feel” of Windows….. do you follow my reasoning??? How broad is “copied the look and feel”???? What do you think the U.S. Supreme Court will hold (or will they just deny cert???) Do U think this issue is important enough that the Supreme Court might be interested???

    • Kevin

      I really hope that they don’t, as I think apple just used it to win.

  • Mike

    P.S. – To me, Iron Maiden has “The look and feel” of Black Sabbath, and so does Judas Priest. But which group can sue which?

  • kinagli

    I have a Samsung phone and TV – what animal was Apple ?

  • ScriptMania

    the day that Apple wil ask normal prices for its product, then maybe i wil switch my Samsung for an Apple.
    but that wil probably never happen :o)