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斯坦福大學法學院(Stanford Law School)教授萊姆利(Mark Lemley)說﹐所有這些證據清楚地表明在一定程度上三星決意模仿蘋果的產品設計。
羅格斯大學法學院(Rutgers School of Law)教授、知識產權專家凱利爾(Michael Carrier)說﹐三星更為複雜的論述未能打動陪審團。他說﹐蘋果的論述更流暢﹐相比之下﹐三星的證人不太可信。
聖 克拉拉大學法學院(Santa Clara University School of Law)助理教授拉夫(Brian Love)說﹐如果說蘋果發起的專利戰針對的是智能手機的外觀設計﹐那麼三星提出的反訴則取決於那些涉及智能手機工作原理的知識產權。拉夫一直在密切關注 此案的進展。
What Does Apple’s Big Victory Against Samsung Mean for Consumers?
By Daniel Politi
Posted Saturday, Aug. 25, 2012, at 12:14 PM ET
So, Apple won. That was expected. What came as a surprise—besides how shockingly quickly jurors seemed to be able to answer hundreds of complex technical questions—was what a sweeping victory it really was for the world’s most valuable company. Jurors handed Apple $1.05 billion in damages, ruling that the South Korean firm infringed on Apple patents. Even if it is technically less than half of the $2.5 billion it was seeking, as Reuters notes, it's a big win for the Silicon Valley company in part because Samsung’s countersuit was an utter failure.
As the Verge explains, “Samsung lost every part of its case against Apple” and its only consolation was that the jury didn’t think Samsung’s tablets copied the iPad’s design. But the verdict is hardly the end of the story as the judge could triple the damages since the jury found that the infringement was willful. In addition, Judge Lucy Koh still has to decide whether to order Samsung to remove infringing products off the shelves, notes the Wall Street Journal. And that’s not to mention the appeals that will be filed. But for consumers, will the verdict translate into fewer choices or more variety? Probably both.
Samsung’s response to the verdict was defiant. The verdict “should not be viewed as a win for Apple, but as a loss for the American consumer,” Samsung said. “It will lead to fewer choices, less innovation, and potentially higher prices.” Samsung insists its schedule to release new products won’t be altered and the company has been able to quickly figure out workarounds in the past, notes Bloomberg.
Is Samsung right? Probably, at least in the short term. There’s little doubt the verdict gives Apple more ammunition to fight back against the rise of Google’s Android, but some optimists see this as potentially good news that will bring about more variety to a smartphone market that has been depressingly trending toward uniformity.
“Get ready for the Apple tax,” warns the Wall Street Journal. At least in the short-term, producing smartphones, tablets, and other mobile devices will likely get more expensive. And consumers are likely to have fewer smartphone options, notes the Associated Press. After all, the verdict only affects Samsung, but it is a clear warning to other manufacturers who produce similar devices.
That’s the glass-half-empty way of looking at the world. The verdict could ultimately be good news for consumers, forcing manufacturers to create handsets that are markedly different from the iPhone, writes Bloomberg. For now though there's little doubt, Apple will be able to squeeze “even more profit out of an industry it already dominates,” writes the Wall Street Journal.
The biggest loser in the case might not be Samsung, but Google, the company some analysts say Apple was targeting all along, as the New York Times points out. And Microsoft could end up being a collateral winner from all this. Bill Cox, senior marketing director for the Windows Phone, quipped on Twitter: “Windows Phone is looking gooooood right now.”Taking a look at the big picture, consumers could certainly come out the winners if the high-profile case helps to spur much-needed reform in U.S. intellectual property law. But that hardly looks likely in the near future.
Jury Awards $1 Billion to Apple in Samsung Patent Case
Published: August 24, 2012 50 Comments
A jury awarded Apple more than $1 billion in damages after finding that Samsung infringed a series of Apple patents on smartphones and tablet computers, in a closely watched court case that could have broad implications for the mobile business.
What the Verdict Said
* Samsung violated a series of Apple's patents related to the software and design of mobile devices.
* Apple's patents are valid.
* Apple did not violate any of Samsung's patents.
* Apple was awarded $1 billion in damages.
As the jury’s verdict was read in a federal court case in San Jose, Calif., Apple appeared to prevail on many of its claims against Samsung, according to Reuters. These included allegations that various Samsung products violated an Apple patent covering the “bounce back” effect when a user scrolls to the end of a list, and the pinch-to-zoom gesture that users make when they want to magnify an image on their screens.
The nine-person jury deliberated for three days, fewer than many had expected for such a complex case. Jurors were required to fill out a 20-page verdict form with answers to over 700 questions relating to the particulars of the case.
It was the first in a wave of legal cases in the United States involving smartphone patents to reach a jury trial, and the one with the highest profile because the parties in the suit, Samsung and Apple, are the two biggest makers of smartphones in the world.
Apple had asked the jury to award it $2.5 billion in damages for what it said was Samsung’s violation of a handful of patents related to the physical design and software functions of the iPhone and iPad. In a countersuit, Samsung had demanded that Apple pay it $422 million for its own patent violations.
The stakes in the case are enormous, in large part because Apple has become the most valuable public company ever through the blockbuster success of its mobile products. The lawsuit, and others like it by Apple, were an effort to respond to the rise of devices based on Google’s Android operating system, which Apple executives view as a knock-off of the software for the iPhone and iPad. Samsung is the biggest maker of Android smartphones.
Analysts and legal experts had predicted that a victory for Apple in the case would send a signal to all Android device makers that they should make greater efforts to steer clear of features and design that resemble those of Apple products. A win for Samsung, on the other hand, could give Apple’s rivals greater leeway to copy Apple product products with impunity, making it harder for the company to distinguish its creations.
The evidence Apple presented during the trial, including internal Samsung memos and strategy documents, left little doubt that the iPhone inspired a major effort by the Korean manufacturer to overhaul its mobile phone efforts.
But a key question throughout the trial was whether the jury would decide that Samsung had stepped over the line by improperly copying Apple’s technologies.
The verdict in the trial hardly concludes the legal battles over patents among companies in the mobile business. There a dozens of legal cases between Apple and Samsung winding their way through courts in other countries.
A South Korea court delivered a split decision in its piece of the battle between Apple and Samsung over mobile computing patents.
Apple Victory Shifts Power Balance
Apple's court victory over Samsung cements its dominance of the wireless industry and could force carriers, and even Google, to re-evaluate their product plans.