Apple vs Samsung jury foreman: 'Ultimately, the consumer is the loser'

The most recent Apple vs Samsung case is over, with Apple being awarded $120 million in damages whilst Samsung picked up $160,000 for an infringement by Apple on one patent. While the trial may be a success for Apple (despite being awarded significantly less than the $2.2 billion they claimed was owed), the jury foreman for the case has come out and said that "Ultimately, the consumer is the loser in all this" in a statement to the San Jose Mercury News (via Ars Technica). 

Thomas Dunham, a retired IBM supervisor, said: "Ultimately, the consumer is the loser in all this" before continuing, "I'd like to see them find a way to settle. I hope this (verdict) in some way helps shape that future." Dunham also claimed that the verdict was not intended to "send a message to one company or another" rather that it was "based on the evidence that was presented to us."

Apple's lawyers released a statement praising the verdict, claiming that "Samsung wilfully stole our ideas and copied our products." Samsung's lead attorney, John Quinn, hit back at this, saying: 

Of course we're pleased that the jury awarded Apple six percent of what they were asking for. But even that can’t stand, because Apple kept out all the real world evidence and didn’t produce anything to substitute for it, so you have a verdict that's unsupported by evidence—and that's just one of its problems. In post-trial motions and on appeal, we will ask the judge and the federal circuit to cut the six percent verdict to zero, which is where it should end.

This trial is now essentially over, with Samsung planning on fighting the verdict according to their lawyers.  

Source: San Jose Mercury News via Ars Technica | Gavel image used in background via Shutterstock

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http://www.google.com/patents/USD337569
Electronic notebook for data entry prior to all of this with round corners and bezel
That if one looks at the images would swear it was both a Samsung Phone and and Iphone.
Not to mention prior to this programs would bounce back with the word "End" when the bottom of a document is there

I get the point of the article, but it kind of sounds like the IBM guy just called Apple and Samsung customers a bunch of losers.

No - he called the two COMPANIES losers for basically engaging in IP warfare as opposed to real innovation, and the consumer loses in the end.

Samsung have done this whole infringe patent, be taken to court, delay, lose, appeal, lose, delay, appeal, lose, finally settle charade for decades now to many many companies. This seems to be their default way of doing business.

If they didn't have a history of doing this to a long list of companies (sharp, pioneer, etc, etc) it would seem almost too silly to be true.

DeltaXray said,
Samsung have done this whole infringe patent, be taken to court, delay, lose, appeal, lose, delay, appeal, lose, finally settle charade for decades now to many many companies. This seems to be their default way of doing business.

If they didn't have a history of doing this to a long list of companies (sharp, pioneer, etc, etc) it would seem almost too silly to be true.

Steve Jobs: Good artists copy great artists steal
http://www.youtube.com/watch?v=CW0DUg63lqU

How is Apple any better?

Suing for Rounded Corners, bounce back and folder organization?

I'm just saying that Samsung have a history of this exact same practice when they want to get a new part of their business off the ground, and in some cases such as Pioneer although Samsung end up losing they have already gained all the benefit and the company they stole from still ended up having to close that part of their business.

It is a BAD business practice, and although Apple are not perfect they have never behaved in the way Samsung do. I would not say I am an Apple fanboy but I am glad Samsung have finally met their match with a company who has the resources to take this to the wall.

Here is a good summary of that vanity fair article from Macrumors:


On the day that a San Jose jury submitted a final verdict on the damages that Samsung owes Apple in the second United States patent infringement lawsuit between the two companies, Vanity Fair has published a lengthy piece that takes a look at Samsung's long (and successful) history of using patent infringement as a business tactic.

Back in 2010, before Apple filed an initial lawsuit against Samsung, executives from Cupertino (including lawyers) met with Samsung executives in Seoul, where it was made clear by Samsung VP Seungho Ahn if Apple chose to pursue a lawsuit, Samsung would countersue with its own patents. "We've been building cell phones forever," Ahn told Chip Lutton, an Apple lawyer at the time. "We have our own patents, and Apple is probably violating some of those."

As it turns out, stealing key ideas from other companies and then using its own portfolio of patents to draw out lawsuits is a tactic that Samsung used long before Apple came into the picture.

According to various court records and people who have worked with Samsung, ignoring competitors' patents is not uncommon for the Korean company. And once it's caught it launches into the same sort of tactics used in the Apple case: countersue, delay, lose, delay, appeal, and then, when defeat is approaching, settle.

In 2007, Sharp filed a lawsuit against Samsung, alleging that the South Korean company had violated its patents. Samsung countersued, drawing out the lawsuit as it continued to produce TV sets using the stolen technology, building up its TV business. Samsung was found guilty of patent infringement years later in 2009, at which point it settled with Sharp to avoid an import ban.

There's a similar story with Pioneer, who filed a patent infringement lawsuit against Samsung over plasma television technology in 2006. Samsung countersued, dragging on litigation and appeals until a 2009 settlement. The long and expensive legal battle caused Pioneer to shut down its television business while Samsung thrived. Samsung has pulled the same stunt with Kodak, Apple, and several other technology companies.

Samsung hit Apple with the same tactic following the release of the iPhone. As has been documented during the ongoing global lawsuits between the two companies, Samsung evaluated the iPhone feature-by-feature and came up with 126 instances where Apple's iPhone was better than its own offerings, which led to the development of the Galaxy S.

Bit by bit, the new model for a Samsung smartphone began to look--and function--just like the iPhone. Icons on the home screen had similarly rounded corners, size, and false depth created by a reflective shine across the image. The icon for the phone function went from being a drawing of a keypad to a virtually identical reproduction of the iPhone's image of a handset. The bezel with the rounded corners, the glass spreading out across the entire face of the phone, the home button at the bottom--all of it almost the same.

Following the release of the Galaxy S and Samsung's refusal to sign licensing agreements with Apple due to its former history of successfully avoiding significant penalties for copying intellectual property, Apple filed its first lawsuit against Samsung. Samsung, of course, followed, leading to where we are today -- Samsung has thus far been ordered to pay Apple just over a billion dollars in the United States after two lawsuits, but appeals are far from over. Samsung has continued to develop its Galaxy line of devices and has cemented itself as Apple's biggest competitor.

Meanwhile, as has happened with other cases where Samsung violated a company's patents, it has continued to develop new and better phones throughout the litigation to the point where even some people who have worked with Apple say the Korean company is now a strong competitor on the technology and not just a copycat anymore.

The full story, which covers Samsung's history, its past patent lawsuits and other legal woes, Apple's creation of the original iPhone, and the dispute between the two companies, can be read over at Vanity Fair.

Edited by DeltaXray, May 7 2014, 8:09am :

Didnt Apple get fined in the same case for copying something of Samsungs?

I swear, tech companies have become the biggest hypocrites.

Not exactly. Samsung bought a few patents they thought they could sue Apple with. They used two of them in this case. Apple was found to be infringing on one of them and was ordered to pay less than $200k.

But it was not a Samsung invention and it is unclear whether Samsung uses either of the patents in their own products.

techbeck said,
Didnt Apple get fined in the same case for copying something of Samsungs?

I swear, tech companies have become the biggest hypocrites.

I agree.

Rosyna said,
But it was not a Samsung invention and it is unclear whether Samsung uses either of the patents in their own products.

Please, care to tell what Apple invented, and not bought?

Wall-swe said,

Please, care to tell what Apple invented, and not bought?

Did they invent the iPod? Then the blew it up and made the iPad. Then they shrunk the iPad and made the iPhone...

stevan said,

iPhone, iPad, iPod, iMac....


A smartphone, mp3 player and an 'all-in-one' computer existed many many years before Apple even figured out that they was going to make those products.

So no, they didn't invent anything.

Exynos said,

A smartphone, mp3 player and an 'all-in-one' computer existed many many years before Apple even figured out that they was going to make those products.

So no, they didn't invent anything.

Haha I knew someone would fall for it. If you read my quote you would see that I never said a smartphone or tablet or MP3 player.

There were no iPhones before the iPhone or iPads before the iPad. If you're smart, you will know were I am going with that one.

So it's definitely a correct statement to say that Apple invented the iPhone, iPad, etc....

"But it was not a Samsung invention and it is unclear whether Samsung uses either of the patents in their own products."
And I asked what have Apple invented, and not bought? All your answers consist of Samsung LCDs and silicone, or LG parts etc etc.
What parts in the iPhone has Apple invented and not bought, the answer is nothing.

Wall-swe said,
"But it was not a Samsung invention and it is unclear whether Samsung uses either of the patents in their own products."
And I asked what have Apple invented, and not bought? All your answers consist of Samsung LCDs and silicone, or LG parts etc etc.
What parts in the iPhone has Apple invented and not bought, the answer is nothing.

I shouldn't have to ask you to learn what the word invention means. I think I asked you that already a while ago.

An invention is a unique or novel device, method, composition or process. It may be an improvement upon a machine or product, or a new process for creating an object or a result.

Wall-swe said,
"But it was not a Samsung invention and it is unclear whether Samsung uses either of the patents in their own products."
And I asked what have Apple invented, and not bought? All your answers consist of Samsung LCDs and silicone, or LG parts etc etc.
What parts in the iPhone has Apple invented and not bought, the answer is nothing.

Part of inventing/innovating is buying things and putting it together in a way no one has seen before. You dont have to invent or make every single component to be innovative and produce something new and different.

Edited by techbeck, May 6 2014, 8:45pm :

Wall-swe said,

Please, care to tell what Apple invented, and not bought?

The 5 patents Apple sued Samsung for infringing on in this trial. Those patents list Apple.

stevan said,

Haha I knew someone would fall for it. If you read my quote you would see that I never said a smartphone or tablet or MP3 player.

There were no iPhones before the iPhone or iPads before the iPad. If you're smart, you will know were I am going with that one.

So it's definitely a correct statement to say that Apple invented the iPhone, iPad, etc....

Invented is not the proper word in this case as it insinuates that the "invented" product is entirely new and did not exist beforehand in any form. While I won't go so far as to say that Apple hasn't invented anything people tend to assume that they invented all of the major product categories that they deal in which is blatantly false. Desktops, laptops, all-in-ones, mp3 players, smart phones, and tablets all existed before Apple made their versions. Event the 2 things most commonly attributed as Apple inventions, the GUI and the mouse were invented by another company, Xerox. Apple is skilled at rehashing existing products and marketing them as something innovative. We can argue till the cows come home about whether or not their products are better but the reality is Apple did not invent them.

rafter109 said,

Invented is not the proper word in this case as it insinuates that the "invented" product is entirely new and did not exist beforehand in any form. While I won't go so far as to say that Apple hasn't invented anything people tend to assume that they invented all of the major product categories that they deal in which is blatantly false. Desktops, laptops, all-in-ones, mp3 players, smart phones, and tablets all existed before Apple made their versions. Event the 2 things most commonly attributed as Apple inventions, the GUI and the mouse were invented by another company, Xerox. Apple is skilled at rehashing existing products and marketing them as something innovative. We can argue till the cows come home about whether or not their products are better but the reality is Apple did not invent them.

Looks like someone doesn't know what the word invention means...

An invention is a unique or novel device, method, composition or process. It may be an improvement upon a machine or product, or a new process for creating an object or a result.