14 DAY TRIAL // Even though judge Lucy Koh said both companies were at risk, and even though neither side was found to have treated the lawsuit truly properly, the jury's decision has turned out to be completely one-sided.
With both Apple and Samsung claiming that the other infringed certain patents, and with so many witnesses and expert testimonies, we expected at least some semblance of balance in the jury's final verdict, like in South Korea, where both Samsung and Apple devices were banned the other day.
Surprisingly, though, this did not end up being the case. Instead, the jury found Samsung guilty of copying Apple with the Galaxy-series devices (28 were examined), while not forcing Apple to pay any damages for the counter-claims that the former made.
Curiously, the Galaxy Tab tablet escaped the worst of the storm, but the smartphones were found to use copied elements.
Thus, Samsung is the only one that will have to pass money around, and though Apple's request for $2.5 billion / €2 billion wasn't approved, the damages still amount to $1,051,855,000, which corresponds to €840,274,366.
Obviously, Samsung will appeal the decision. Perhaps it will even get to present some evidence it wasn't allowed or didn't have time to produce during the testimony phase.
“There will be many issues brought up on appeal by Samsung, [including the damages award],” said Daniel Ravicher, executive director of the Public Patent Foundation, which advocates for patent reform, according to The Wall Street Journal.
Apple's win essentially came to pass because, as strange as it sounds, the company owns the patent for the look of on-screen icons and detection of finger gestures on a touchscreen. In other words, a testament to the skill of its legal team at exploiting the patent system.
There are many who consider software features and aesthetics to be too general or specific to patent, not to mention too high in number. Others argue that it doesn't make much sense for someone to claim that, say, squares with rounded corners (icon shape) are an “innovation” that only they have the right to use.
All in all, some feel that this nearly total defeat is as embarrassing for Samsung as it is for the US patent system that approved the patents in the first place.
“Software patents are clogging the system at every possible point,” says Christal Sheppard, an assistant professor of law at the University of Nebraska College of Law. “This could be the bellwether case that goes to the Supreme Court to decide what invention in the 21st century really means for software.”
We'll get back to you with Apple's side of the story soon.