GET THE APP:  CURRENTLY HOT:   Galaxy S5 Review HTC One M8 Review OnePlus One

Apple Rests Its Case, Samsung Convinces Judge to Toss International Galaxy S, S2 and Ace From the Lawsuit

Looks like we’re one step closer in wrapping up the soap opera that is the Apple vs Samsung patent trial. Apple has finally rested their case today while Samsung gave a last ditch effort to throw out Apple’s side of the case based on Apple’s failure to meet its legal burden. Judge Lucy Koh wasn’t buying it, but Samsung did manage to squeeze in a small win after the judge agreed to throw out a few Samsung devices from being considered as part of their alleged patent infringement.

Oddly enough, the devices no longer being considered as part of the case were a few Samsung devices widely considered to look most similar to the iPhone (thanks to the inclusion of a centered home button) like the Samsung Galaxy Ace, as well as international versions of the Samsung Galaxy S, and Samsung Galaxy S2. However, the remaining 17 devices sold here in the US are still fair game, and consist of the majority of sales that Apple feels entitled to. Still, something tells me Apple will have a harder time arguing the AT&T Samsung Galaxy S Captivate among other modified Galaxy S variants infringed on their design patents.

Apple is looking for around $2.5 billion from Samsung, claiming a figure of roughly 2 million iPads and iPhones Apple missed out on, due to consumers purchasing Samsung devices instead. Samsung is now making their case to the jury, calling a number of witnesses to help them argue that they didn’t, in fact, infringe on any of Apple’s patents and that many of those patents should have never been granted in the first place. Things like Apple’s rubber band effect, as well as 1-finger and scrolling and pinch-to-zoom are all being shown as prior art, and never invented by Apple (just stolen and marketed really well). Let’s hope the jury has just a smidgen of common sense.

[AllThingsD]




  • http://twitter.com/Aleis Jayrock

    We all know samsung is losing this right? Just dont want anyones hopes to get high. The judge use to work with apples legal team for crying out loud.

    • Unorthodox

      I’d like to see a respectable URL to prove that accusation.

      • bmg314

        I second that, please.

    • http://twitter.com/gamercore Chris Chavez

      Samsung isn’t in the best position, they’re legal team messed up a few times during the trial. Right now, they’re just making it a point to emphasize that none of these Apple patents should have ever been granted — something I think we can all agree on. Let’s just hope the jury has a few tech savvy individuals..

      • Treknologist

        I believe they actually do have some folks who understand technology. Chris. That, I hope, will move things in the right direction here. If all of these patents get invalidated with this case, there goes Apple’s current business model (sue everyone) into the toilet. One can only hope.

        • http://twitter.com/gamercore Chris Chavez

          +1

      • abc

        The trial is in San Jose, California….THE heart of Silicon Valley. Practically everyone that lives in San Jose is either an engineer, works or is somehow associated with a tech company or knows someone who is. I would say there is a very good chance at least a couple if not all of the jury members are tech savvy.

        • http://twitter.com/gamercore Chris Chavez

          Yeah, and isn’t it the defense that gets to choose their jury? Let’s hope Samsung didn’t screw this one up..

      • TheWenger

        I’d be willing to bet there isn’t a single tech savvy person on the jury. The judge screened them to make sure they got the dumbest group of people possible.

    • ScottColbert

      Judge isn’t deciding this though, a jury is. Never assume a jury’s decision.

      • bmg314

        Problem is, the judge can reverse the jury’s verdict if she deems that they got it wrong.

        • TofuWarrior

          But I don’t think she can’t just reverse the jury’s verdict just because she thinks they got it wrong. He or she must provide sufficient reason for doing so.

          Otherwise, what’s the point of having a jury if the judge can change the verdict willy-nilly?

          • Manbo

            Jury: We find Samsung to not be infringing on the patents held by Apple.

            Judge Koh: Really? This big bag of money from an anonymous party says otherwise.

            Apple wins. Skynet goes live. You know the rest.

      • Marsg

        The judge can also exclude evidence from the lawsuit as well as monitor any of the info that the jury sees / hears, so they have a lot of influence. With that said Koh has done nothing but put Samsung in a corner this whole time and just because she dint throw them under the bus when Apple asked to do so doesn’t change the fact that she has had it out for Samsung for the past couple of months.

    • Doan

      More than likely, they will both win some, lose some.

    • zin11

      It wouldn’t be surprising if they lose. Especially the way this trials been going and all. And samsung will most likely appeal. We’ll see where that will take us when we get there though so its not the end.

      But here’s to hoping there’s some sanity in this madness.

  • PuzzledObserver

    I wanted to buy a replacement of the cover of my trash bin. It has a rectangular shape, roughly the size of the iPad. I was in the rush to replace the lid, so when I was in an electronic store, I bought and iPad. I wonder why a trash bin cover could be that expensive and I didn’t know that kitchen items can also be purchased in an electronic store.

    Then I was surprise that my replacement trash bin lid has a kind of screen which could display something depending on how I touch it. Overall it’s a bad imitation of a real trash bin cover. It doesn’t have a hinge so it felt off often. Finally I couldn’t stand it anymore and bought a brand new trash bin. The bad replacement trash bin lid I bought is made by a manufacturer named Apple. That I never saw in kitchen items.

    Question 1: can I sue the company Apple for mis-representation of their product?

    Question 2: the damages I suffered were incommensurable. It annoyed the crap out of me each time I must re-ajust that fake trash bin lid. I wasted time, suffered psychological break down. Became bald, my wife divorced and shortly after my dog bite me. As I am unique and irreplaceable, I want 3 billions reparation. Ban that company from making further fake trash bin covers. Do you think that I can ask a little bit more?

    Thank you for any advice. If you happen to be a lawyer and can help to win the case. I will express my gratitude by giving you the remaining of the food when my dog finishes his meal. And this for 30 days (if you apply on time and upon approval).

    • Unorthodox

      What did you smoke? I hope your high school essays are not like this absurd.

      • zin11

        He probably smoked whatever jobs was smoking.

        • Sondrek17

          I don’t think that you can smoke LSD.

      • PuzzledObserver

        Now replace my name by the Apple laywers . I hope you get the point.

    • Marsg

      People buy replacement trash can lids ? why wouldn’t you just buy a whole new trash can for like 10-50 bucks >.> I din’t know trash can parts were in high demand, BTW you should patent the iTrash you innovated

      • PuzzledObserver

        Dear Sir or Madam, you are straightforward thinking but how can I make a living with rational people like you?

        I am a rich and dumb person. The justice in USA allows to make a living by suing other people with dumb law suits. It would be too simple to buy a new trash bin. The idea is to use a dumb pretext to make it sue-able. But if I sue Apple and got 3 billions, I can buy the entire supermarket chain. Once I have that cash in hands, I just need to find another dumb idea and will take control of Apple itself. Without the fairness of the justice system, dumb people like me would be poor forever and incompetent lawyers would be jobless.

  • Jody Schoolcraft


    2 million iPads and iPhones Apple missed out on” – Newsflash Apple, I would have bought a Pandigital from Kohls before I bought an iPad and stuck with Windows phone. That’s how much I detest you….Just sayin…

    • Sondrek17

      I would rather buy an symbian powered nokia before the iPhone.

  • NIGHTSCOUT

    Samsung hired washed up lawyers. Prediction: Samsung settles.

  • Jonbo298

    Seriously, they really think 2 million lost sales because of “confusion”. These aren’t KIRF’s from China where the real confusion would be. If you’re really that challenged to see the clear difference between an iPhone/iPad and an Android phone/tablet, you’ve got some serious issues.

    Considering the box you open the freaking thing in proudly shows whether it’s from Apple or Samsung, one would hope they figure out what they bought. Ignorance is bliss.

  • 1ofdakoolkidz

    What everyone is forgetting, is “Guilty beyond reasonable doubt” That’s the real kicker here, did Apple prove infringement beyond a reasonable doubt?

    • Mike Reid

      That’s only for criminal law.

      For civil law the principle is “Preponderance of the Evidence”.

  • exgenmeikoj

    What comes.around goes around apple will do.this crying like.little.bitches while.Samsung keeps.up.the.good work

  • http://twitter.com/MaryRachelKate Rachel

    I liked my iPhone it was no fuss, albeit a tad plain. I like my HTC Vivid, it’s more like me: flexible but higher maintenance. I chose to get an Asus Android tablet not only because it was cheaper but because you could download stuff directly to it – like ebooks – iTunes free. Sure it doesn’t have a retina display but HD is nice. It still looks NIIICE. In short. Apple…. I KNOW what I am buying and I didn’t buy anything Samsung so… this is one iPad sale (and iPhone upgrade) you didn’t make that is not Samsung’s fault. They are pricey too, why would I go there? Silly, silly Apple.

  • ilh

    They’re claiming $2.5 billion from 2 million sales in damages? So Apple makes on average $1250 per iPad and iPhone? I know they’re overpriced but I’m pretty sure not near that much.

  • EchoRide

    So, today’s news is that Apple basically ripped off another company when that company demoed their LiveTile device. All of this on the first day of Samsung putting its case forward.

    LiveTile had zooming, the bounce effect, and rounded icons on a grid, and all back in 2004, and earlier. The amazing thing is? They demoed it to Apple!

    Not only can Samsung show that they were using ideas which existed before the iPhone, but that its possible Apple blatantly ripped off this company’s technology.

    I hope these Apple patents will be invalidated, in time.

  • Seade

    I wish Apple could make like their maker. Die, already!

  • Marsg

    idk man a couple years back when I was going to buy a galaxy S I accidentally ended up getting a iPhone 3gs, had to immediately return it >.> I think apple might have actually benefited from it rather then loose sales

  • http://twitter.com/SpamStream lolwut

    Nobody bought a f*cking Samsung tablet instead of an iPad. People that are going to buy an iPad will buy an iPad; people that won’t, won’t. But obviously Apple is such a victim, being the richest company on Earth and all :-/

  • http://twitter.com/fightcrazy Vinny

    Will never own another Apple made product. They are pathetic.

  • Steven Bobulsky

    If you look at this another way, Apple is saying its I-Sheep are too dumb to figure out the difference between an Apple and a Samsung. I have both Android and Apple phones around here… isn’t Apple insulting the intelligence of its’ users here?

    • 2dott0

      Look at the commercials, that’s what apple does and their consumers don’t seem to mind.

  • moises1204

    If i was Samsung i will start getting ready for an appeal, since this trial was bias and one sided, how the hell this stupid judge do not allowed samsung to present the designs Samsung been working on before the iPhone came out? isn’t this the hole point to prove that they did not copy the icrap.

    • duong ngo

      Because they submitted it lasted during the discovery phase. Before you say else learn to research the case.

  • ludist210

    I might see Apple’s argument if the screen is off, but if the screen is on and full of widgets (like most floor models are), you can’t confuse the generic look of the iPhone with the Galaxy S.

  • JWolf_PDX

    Yes, because the shape of the device and location of the home button fooled me into buying my Samsung Galaxy S3 instead of the iPhone. By the time I realized my mistake it was too late to take it back. So sorry Apple! I’ll catch you on the flipside!

    There are not enough :facepalms:

  • http://trindade.myphotos.cc/ António Miguel Trindade

    The argument that Apple lost revenue due to similarities between its products and Samsung’s is really preposterous and stupid. I have yet to hear someone saying they bought a Samsung phone thinking it was an iPhone or vice-versa. It’s simply child’s excuse…
    As I’ve said earlier on other forums, Apple is doing this because it realized their innovations are not that innovative now and they’re being overtaken by other at least equally innovative companies.

    • CoreyShaughnessy

      I really hope the Judge decides that all damages total around $50 for one really confused grandfather buying a birthday present for his granddaughter.

  • carrrnuttt

    http://en.wikipedia.org/wiki/Lucy_H._Koh#Professional_career

    “From 2000 until 2002, she worked as a Senior Associate at Wilson Sonsini Goodrich & Rosati, a Palo Alto, California law firm. From 2002 until 2008, Koh worked as a litigation partner at the Silicon Valley office of the law firm McDermott Will & Emery representing technology companies in patent, trade secret and commercial civil matters.”

    http://en.wikipedia.org/wiki/Wilson_Sonsini_Goodrich_%26_Rosati#History

    “In 1980, WSGR represented Apple Inc. in its much-publicized IPO. Like fellow technology-heavy firm Brobeck, Phleger & Harrison, WSGR accepted equity in its clients as a form of payment in return for deferral of fees, and also passed on stakes in its investment fund to associates and staff members as a means of retaining employees.”

    Conflict of interest much?

  • http://www.facebook.com/capurrense.feliz Gerardo Alfredo Gonzalez Bonin

    I would gladly testify for free, not to help SAmsung, but to stop all this Apple nonsense