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The Apple Vs Samsung Battle Isn’t Over. It’s Just Getting Started

Eric McBride
13

 

Apple Vs Samsung”...”1 Billion in damages”...”ban”...”biased jury”...”huge win”...”big loss”....”broken patent system”...These are all terms we’ve heard a lot in the past 72 hours, and with the amount of coverage this case is getting, many assume that Apple has just put a nail in Android’s coffin. While the verdict is certainly a big one (and very controversial), rest assured that this case is FAR from over. Apple won the case and convinced a jury to see things their way, but what will happen next? What are the next steps? Here’s what you need to be on the lookout for in regards to this trial.

September 20th

This is judgement day folks. Judge Koh (the judge who will always hold a special place in my heart for telling Apple’s law team that they “must be smoking crack”) has set this date to hold the next hearing at her San Jose courtroom. This day will be an extremely important one, as it’s then that we’ll find out whether Apple’s request to ban 8 of Samsung’s devices will be granted or denied. Until then, Samsung has a chance to make counter arguments to keep that from happening.

A Successful Appeal/Overturn Could Quickly Change Everything

Samsung most likely prepared a worse case scenario plan B in the event that they will found guilty, and I’m very confident that it's already in motion. Samsung does have the option of asking Judge Koh to overturn the verdict, although this is something that rarely occurs. That being said, if Samsung feels they have a solid enough argument, they could very well ask the judge to completely overturn the decision, which would undoutedly make Apple go completely mental. 

Chris Taylor from Mashable made a really good point in stating that “the jury did reach its conclusion awfully fast, so much so that even Apple’s lawyers seemed to be unprepared to return to the courtroom Friday. The jury of nine reached a verdict on the 700 questions of patent law before them — yes, 700 — in less than three days of deliberation”. That’s an awful lot of evidence to go through in less than 3 days, especially for a jury that wasn’t made up of patent experts.

Apple Wants More

Apple is naturally happy with the decision, but probably would have been a lot happier with the entire 3 billion+ that they originally requested. As Samsung was found guilty of deliberately infringing on Apple patents, Apple could very well request the full amount.

Settlement Is Still An Option

Samsung and Apple are both going to have a HELL OF A BILL from their legal teams. This battle has went on for years, and when you add up the 581 dollar s per hour that these lawyers have put in on this case, both companies might be willing to settle now to keep this from getting even more out of control. Apple could license their patents to Samsung (ala Microsoft) and peacefully coexist, but it’s too early to tell at this point if Samsung would be willing to accept that offer. That being said, a Samsung executive was quoted in Seoul saying that the case verdict is “absolutely the worst scenario for us”, so a settlement is certainly an option they have to at least consider. 

This case could go as far as the Supreme Court, and it's safe to say that both companies are willing to go even more "thermonuclear" on this, and possibly drag it out for years. This will natrually depend a lot on what happens come September 20th, and I for one am very curious to see how/if this situation ends. 

What would you guys do if you were Samsung? Take the settlement, put your cards on the appeal, or go for the overturn (or all of the above)?

Let us know what you think in the comments below!

Picture credits: www.kitguru.net

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Comments

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    Nick N. Aug 28, 2012 Link

    My guess is that Koh will ban the 8 phones and *increase* the damages.

    But it won't matter, ultimately.

    Apple is dying, slowly but surely. When a company uses trumped up patent suits as a business plan, then the writing is on the wall.

    Monopolies and dictatorships always fail, sooner or later.

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  • Eric McBride Aug 28, 2012 Link

    I have the same feeling Nick. The amount of awarded damages could very well go up, but as you said, monopolies and dictatorships can't stand forever.

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  • Stan Jez Aug 28, 2012 Link

    Apple is already hurting. Just look at the sales figures and trends over the last 12 months. Yes they will still be immensely popular, but must feel put out by their perceived “lost" sales. Android is too entrenched and are improving each new release.

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  • Eric McBride Aug 28, 2012 Link

    That's true, but maybe they also think that the iPhone 5 will get things "back on track".

    What do you think?

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  • Patrick R. Aug 29, 2012 Link

    I think the next couple of announcements apple will be making will be critical for them, starting with the iPhone 5 with improvements to iOS 6 (or whatever iteration it is on) and the iPad (mini or otherwise).

    They are running outdated software on underperforming hardware with features that lags behind its major competitor. Okay, it is pretty to look at and it talks to you through siri (personally I don't see the big deal on this one - my Sony Xperia x10i running froyo - or was it eclair - had voice commands) they better step up to the plate and deliver or only the hardcore fanboys would be left with them.

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  • Patrick R. Aug 29, 2012 Link

    On a side note, the Samsung announcement for the SGNote 2 is today right? Looking forward to it and the next generation Nexus device(s) - have really high expectations for Moto and/or Sammy to get it right and make me give up my aspirations for the Note 2 and get my first Nexus device.

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  • Eric McBride Aug 29, 2012 Link

    The Note announcement is today, and I ll be covering it live!

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  • Patrick R. Aug 29, 2012 Link

    Lucky you, looking forward to your updates Eric.

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  • Eric McBride Aug 29, 2012 Link

    Will do Patrick!

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  • CJ Brown Aug 29, 2012 Link

    Until Apple makes an iPhone5 that is a state-of-the-art 4G Smart Phone competitive against the various Android Smart Phones now available (& they would have to come out with a Smart Phone that' offers a screen over 4" with a 10 Megapixel Camera to compete - in my opinion), as well as updates its software (I agree, its outdated); it is a dying industry without Steve Jobs at the helm ...

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  • Eric McBride Aug 30, 2012 Link

    @CJ - Oh I don't know. Tim Cook is no Steve Jobs, but he's certainly not a stupid guy either. I think he's doing a decent job with Apple, but I think that Steve Jobs would have naturally done better considering the pressure that they now have from Android.

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  • CJ Brown Aug 30, 2012 Link

    @Eric,

    I don't think Steve Jobs would've allowed things to reach a battle in the courtrooms. I do agree that Tim Cook is a qualified person to run Apple, I just think Apple is going to lose Customers if they continue acting like a brat towards their competitors (I see it in the comments online with various Apple users "turned off" by this whole situation). I also think Steve Jobs would've taken a strategic look at the competition, then he would've taken the time to come out with something new later that improved on it (I don't see this happening now) ....

    Even if Apple has a cult that is like sheep that will baaah @ anything with an Apple logo (lol), I think they need to deliver with the iPhone5 (a 4G device with a larger screen, a better camera, light weight, not too thick, not too thin & with an antenna that works without requiring what I call the "apple condom"). Apple often didn't have the best audio quality, but they sure made some great ways to dock their devices and enhance the audio experience (imagine if their iPhone5 came with something as a package deal that you could already dock the smart phone into without having to purchase extra accessories) ...

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  • Eric McBride Sep 3, 2012 Link

    I know what you mean CJ. Apple is only damaging their own reputation. Question is, will consumers even care once a new iPhone drops?

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