Apple vs Samsung retrial: Samsung ordered to pay $290 million, for a grand total of $890 million

November 21, 2013
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Guilty verdict Shutterstock

And just like that, the Apple vs Samsung partial retrial is over. The jury in San Jose reached a verdict today, after it began deliberations on Tuesday.

The verdict is in Apple’s favor: Samsung was ordered to pay approximately $290 million for infringing five of Apple’s patents, including one that referred to the design of the original iPhone. The jury found that Samsung infringed its rival’s intellectual property on 13 devices, most of them no longer on sale. While the $290 million award is significantly lower than the $380 million that Apple requested, it’s still a hefty sum and way more than what Samsung said it should pay, which was just $52.7 million.

The retrial that concluded today was ordered by Judge Lucy Koh last year, after she found that the jury from the 2012 trial miscalculated the amount of damages that Apple was entitled to. Koh maintained $600 million of the original $1.05 billion award, and ordered a retrial for the remaining $450 million.

The new verdict brings the award that Samsung will have to pay (if it loses the upcoming appeals) to a grand total of $890 million. It’s likely that the Korean conglomerate will keep fighting, and there’s still a long way until the legal proceedings in this case are finalized.

Apple and Samsung are engaged in several other legal spats, with another high-profile trial involving the Galaxy S3 and other recent Samsung devices set to begin in March 2014. Until then, the CEOs of the two companies will meet for court ordered peace talks, early next year.

Comments

  • Cl3V3rNaMe

    is apple trying to beat microsoft in patent money earned or what?

    • Amine Elouakil

      Even if Apple is abusing the system, I think that Samsung is in the wrong, the original GS1 was a total rip-off, and instead of building a phone from scratch which takes years to do especially with a new IS and UI Experience, they just reverse engineered the iPhone to get their product as fast as they could to the marker, they mimicked the design, one the center button and even worse they mimicked the software with TouchWiz. If only this won’t make Apple trigger happy against other companies

      • Cl3V3rNaMe

        talking about ripoff, lg had a phone back in 2006 called the lg prada. one year later apple introduces a smartphone which looks very similar.

        every company copies stuff, that’s how technology evolves. they do it too (see ios7).

        ohhh & about the ux & ui, if i should follow ur logic it means they would be suing android much more than samsung but that isn’t the case cuz samsung poses a bigger threat. everyone can see that they’re using the court as a business tool to eliminate or hurt other companies.

        both are “in the wrong” if you ask me & this whole court battle is useless.

        • mikegonzalez2k

          Let’s not forget about Creative Labs (maker of the Sound Blaster from the 80s). They came out with the Creative Nomad back in the late 90′s. It ran MP3′s way before Apple had the iPod. They Apple claims they did it first and all the sheep flock.

        • excellence

          ya it would be great to see Google take Apple to court just because! Apple ‘stole’ a lot of the iOS7 design from android. maybe one day they’ll see there’s more to life besides secrets and money…

        • NeedName

          And for tablets we have the 1994 knight ridder tablet. . . that apple even helped design then left out of their design patents.

        • Amine Elouakil

          There is alot of misunderstanding and wrong facts in your post, don’t take me wrong I’m an Android user, but I’m being objectif, and talking about objectiveness lets talk about the exact fact.

          If you want to reverse engineer a product you need to have it on hand, the LG Prada was available on sale on May 2007 the iPhone on June 2007 that’s one month difference, and even if you consider the leaked image of decembre 2006 and in the same month LG annouced they working on it ( the LG Prada was never presented in 2006) it isn’t a year before the iPhone as the iPhone didn’t just pop up to existance, and as shown from the trial the iPhone prototypes comes back to 2005 and beyond.

          “Every company copy stuff”, true to a very small extend, the copying is very limited, altertered adopted and included to your own design/technology/brad, the original GS1 isn’t that, it’s a reverse engineered product, and you can check that at the time under brands/oems interpretention of the of the hardware and software is totally different than the iPhone.
          As for iOS7 I go bad to what I said in the begining here it takes from Android stuff that Android took from webOS and so on so fort, but again I take one or two features, adapt them and enhance them for their application not only this, even the features might look similar we don’t know if they are coded the same not to mention they aren’t even patented, unlike what Samsung used.

          UX UI, Touchwiz copy iOS, Android doesn’t. and I don’t understand why people try to make the Samsung vs Apple an Android vs Apple fight, it is not the case here. and by the way another information I’ll fix for you, Apple suied Samsung, when HTC was miles ahead of it in the Smartphone Arena (2011) why didn’t Apple sue HTC Over the design of their phones ? and only went for some patents?

          The court proves otherwise, and the logic does aswell what Samsung did with the GS1 was more or less what chinese ripoff companies do with their ripoff products, I’m not saying Apple is an angel or something like that in fact it is the opposite, but just in this case they are in their own right, and I believe they deserve the billion $ (the money that Samsung with Samsung galaxy phones is way mire than that and not to mention they’ll just keep getting money from them)

          • Apple_Nexus

            Brilliant post!

            I own and love tech from both Apple and Samsung but Samsung deserves this legal slap in the face for blatant plagiarism. It might be acceptable in their culture but they were selling their phones worldwide.

            Saying that, I think we’d all appreciate it if these companies could move on and start really innovating again as the only real winners right now are the lawyers.

          • Amine Elouakil

            Thanks and I totally agree with you, this just kills innovation and harm the consumer

          • John

            apple did sue htc, htc eventually agreed to pay them a sum of money.

          • Amine Elouakil

            It didn’t sue over DESIGN as I mentioned on my post. Also HTC didn’t necessary pay or payed pocket change as it is a cross licensing contract.

      • Android Developer

        Samsung didn’t reverse engineed the iPhone. it’s nearly impossible to do such a thing to such a huge amount of code of their apps. it’s also not that needed if you just wish to mimic UI…

        both the UI and the phone itself don’t look so similar to iPhone than real clones (see here for example: http://www.gizchina.com/2013/10/20/4-best-iphone-5c-clones-running-android/ ).

        • Amine Elouakil

          They reverse engineer the hardware, they didn’t do technically speaking with the software, they used Android as a base and mimicked the user experience as does chinese ripoffs of the iPhone. (much easier, cost effective, and much less time consuming)

          Reverse engineering is not a huge work, I don’t work in the phone industry, I work for a more complexe industries and I know that reverse engineering product is not that hard, in fact many companies does this but goal is quite different than Samsungs, compagnies reverse engineer products maily for two reasons, the first one is for benchmarking, and I’m talking about benchmarking as just comparing the product superficially, but benchmarking everything, from design, fabrication process….to even the slightest screw placement and form, this allow them to understand the competition, their strenght and weakness and where did to interven to enhance their own product. The other reason is when you apply reverse engineering on your own product and here the goal is to re-design or rather eco-design your own product and this is usally to increase profitability and make the product more eco-friendly and so on.

          • Android Developer

            if it’s design that you are talking about, i think that it’s not an exact science.
            However, if there are 2 products that really look identical, and even have the same logo and/or name, that’s crossing the line.

            i think that if products look similar, that’s ok, as long as people can identify which is which. since no Samsung device has an Apple logo or iPhone name, and since their products don’t look identical, I think the jury was wrong at least about the design copy-cating .

  • weres

    with the appeals coming its far from over, especially if the US patent office invalidates one key apple patent

  • Peter

    Hahahahahahahahaha what a farce

  • Jesus

    THis will keep going until I arrive on earth in my space shuttle.

    • Lashek Powell

      That is a good one,lol

    • SSDROiD

      JESUS STEP IN AND DO SOMETHING ALREADY! So many people have faith in you and yet you just sit on your ass in the comments section doing nothing! :P

      • Jesus

        Watch your mouth, you muggle.

        • SSDROiD

          NEVAH! :D

    • healthydose

      make sure you don’t accidentally arrive in Klingon space..

  • Sebastian Bartlett

    OMG so apple biased in the US.

    • Gary

      Strongly favoured, probably, but no doubt Samsung is a copycat. Even Samsung’s attorney admitted in the trial.

      • Gator352

        Go re-read the trial. He admitted AFTER the verdict because he had no choice. So go re-read and then let’s talk.

      • adfas

        he did not admit, the trial was about damages and not about if they copied or not

  • yama

    Sonofabtch samsung, now go amd give 50$ extra for those US costumers and ballsuck them extra so they can sue you for 50000000$ and sams mum

  • Mike Bastable

    just pay up Samsung and move on.

    • SSDROiD

      You need more dislikes. Here, have my dislike!

      • Mike Bastable

        I actually mean, they did copy the iphone, they actually copied and improved upon it. This seems obvious. I do not blame them at all. However it IS time for them to pay this fine and move on, making more great products as they go forward. No one really wins except the lawyers.
        It is silly to deny that the initial galaxy phones were not copies, Sammys own mail and docs confirm this. BEFORE kicking me read the docs, many are now available as public record…they show a company keenly aware of the need for a rapid response to the iphone. Unique and smart management, nokia and others missed this boat. Their rapid response was to copy and infringe some patents. This decision has made Samsung the company it is today, and i am glad they did it!
        As a result they now dominate the mobile market…Apple was damaged and desrves compensation. However this compensation pales when compared to the profits luckily.
        So feel free to dislike the facts dude.

        • SSDROiD

          That’s all fine, but I disagree with commenting “just pay up Samsung and move on”. I want a fair and impartial trial, because Samsung has truly done something remarkable in smartphones that Apple just has not done. If Apple had improved upon what they did, then Samsung would have had trouble. But the truth is, Apple just has not done anything other than making the iPhone and getting apps on it. Samsung has introduced features not even Apple could have imagined.

          • Mike Bastable

            Agree to some extent BUT, whilst accepting that Samsing has done good things since, it does not alter the initial decision to copy, a decision that was both smart and calculated. This copying was and is prohibited and the sanctions against Samsung are correct. I made the comment “pay up and move on” because it is throwaway and barely worth your attention…the same as this judgement and penalty in Nov. 2013…samsung has huge resources and will not be affected one bit if they do as i suggest. If they do not, the cloud of copying stays hung over them for most people (ie people who do not read tech blogs) and this i feel is unfair to them since they have made some amazing changes to Apple’s original. So pay the fine, move on and stun us with next years galaxys, tizens etc….easy.

          • SSDROiD

            Those are excellent points. Alright, I agree. It was not clear in your original post what exactly you meant, but your argumentation here is solid and I have edited my earlier post now.

    • Brian Shieh

      Yeah, pay in nickels like last time! >:D

      • Gary

        They never paid in nickels. That’s hoax.

  • Gator352

    Apple needs to lick my ball sack, then my ass after I take a shit.

  • Tyrone_83

    I really dont get why Apple is suing the people who make parts for their phone. If I was Samsung I would tell them enough is enough. This will keep going on. I got to give props to them at least they didn’t cave in to Apple demands like HTC so for the next 10-15 years they can share each other patents

  • Ratcatcher7

    Samsung should tell Koh and the Apple sponsored crooks in the USPTO to get stuffed. The Korean government also need to grow a pair and protect their tech industry like US protects theirs.

  • MadCowOnAStick

    wtf how is apple gonna sue samsung for the s3 none of their devices or patents look anything like it

    • SSDROiD

      Oh, I’m sure Apple will find a way. Instead of trying to bring new hardware specs and new software versions to iPhone users, what better way than sue your competition and make millions of dollars out of that, right?

  • NotAgain

    IT SEEMS, Apple is suing Samsung not only to get profit out of it and stop the Samsung’s sale of their older products, but to make the point to other Industries and Companies. It’s like Apple is saying “If you mess with us, this is how it is going to be!” and in order for Apple to do this right… they need to attack the Big Dog. Which is Samsung..

  • Andy

    People in America are so biased towards Apple. I heard some people talking about the trial today, and one of them said that it isn’t surprising that Samsung lost considering that Apple has 86% of the smartphone market. I almost lost it.

    • Brian Shieh

      they are outdated by several years, I see. Apple is strong in the US (check the breakdown of which country prefers what software)

    • adrian strozier

      Lolz wow that’s a load of crap. Don’t be such a Samsung fanboy. Samsung is actually really popular here in the US. Personally I prefer my Xperia. We all know Samsung is known for taking ideas and designs from other manufactures.

      • Andy

        I live in America. I’m just talking about what I heard and how people favor Apple way too much.

        • adrian strozier

          this may seem odd but I see foreigners favoring iPhone more then Americans

  • thereasoner

    For those of us who followed this case closely we know what a farce this trial was and what an embarrassment it has become for the American legal system!
    - judge Lucy Koh, a former Apple employee who,as a lawyer, represented Apple on 19 different occasions showing anything but impartiality from the start of pretrial.
    - a court just 15 miles from Apple HQ with a jury comprised of local pro USA/Apple jurors.
    - a jury foreman in Velvin Hogan who was sued into bankruptcy by a company that Samsung happens to be a major shareholder/owner of, a detail that would have barred him from this case but he kept from the jury selection process.
    - same jury foreman who, after the trial, revealed in interviews that he swayed the rest of the jury against Samsung by using a completely bogus interpretation of patent law
    - a judge in Lucy Koh who dismissed a valid motion by Samsung for a mistrial based on withheld evidence, the jury foremans dishonesty during the selection process and his unethical manipulation of the other jury members.
    - same judge who ignored the fact that key Apple patents at the core of this case were invalidated by the USPTO
    - same judge who not only banned evidence that Samsung successfully used to win this case in other jurisdictions but also tried to have said evidence destroyed
    - same judge who was scolded by a higher court for wrongfully attempting to ban the Galaxy Nexus
    The appeal can’t happen fast enough!

    • systemupdate

      Wow! Didnt know that! And they say Judges are supposed to be Objective and Impartial!

      • NeedName

        the fact that Koh put a very short time limit on a billion dollar trial showed she was off from the start.

    • healthydose

      that’s surprising. can you provide the link to prove credibility on each your point ? just curious, I’m surprised why these important things are overlooked by news and media.

      • NeeedName

        If you followed the case you would know that @thereasoner:disqus is stating facts. . .

        I followed this case closely till the jury went bonkers because of one person’s delusional interpretation of prior art. . . . . a sad day for the American jury system — showed how easy a jury can be misled by one person.

      • Lost_Fan

        I would also like to see links and proof. Just because someone says something doesn’t make it true.

        • Nick V

          Then you may want to try and find one of those magical devices that have a connection to a vast amount of information. I heard about these in a fairy tale when I was a child. Let me know what you find.

      • thereasoner

        It’s old news now but you should be able to Google each of these points and more as I left out other facts such as time limits imposed by Koh that also hampered Samsung defense.

        Unfortunately these factors were not widely reported on or were only given minor lip service by pro American/Apple media, however you should be able to find the odd article by non-biased journalist’s that will clearly outline the blatant favoritism that took place.

        • asdrfasfas

          i seem to find difficulty in looking at the 19 cases koh represented apple. I am no apple fan by the way just curious lol

          • thereasoner

            she was just one lawyer in the firm apple hired as it’s legal team, not the only one.

    • SSDROiD

      Ever considered a career in detective work? Or as a lawyer? Or as a judge? All I know is, if this country had you as a lawyer, the justice system would be much better. Kudos!

    • asdfklja

      wow amazing please if you have links about koh and velvin hogan. android authority should publish this revelation if proven true what you stated…

      • Nick V

        This story has been published by every Android website, and even some of the News Channels.

        • Rhino”

          that is correct….i never seen it on the tv news but it was covered in every tech sites like AA/pocket now/GSM arena/tech raidar….literally every mobile tech phone site had it covered.

      • Rhino”

        google it lol heck even the video interview with the head jurer the one that manipulated the other jurers into giving the wrong conclusion went viral it was everywhere lol ….you must have been living in a cave or something…and i am in the uk :O)

        • asdrfasfas

          not everyone was into this case a year ago or was even interested. I am just surprised this has not been mentioned much in tech sites and i have been reading most of them the last 6 months or so

  • excellence

    This is petty. Generations from now they’ll look back at this and just shake their heads at how much time we wasted. They’ve spent so much time building the walls to their gardens and keeping others out, that the harvest is lacking and we’re left with sh*t products that HAVE TO BREAK, just so they can do the same thing next year…

  • jeff

    I wonder how much of a kickback judge Koh got out of this? But it will be in appeals for years to come and by then she will mostlikely be disbarred , or she should be. Also the foreman should here the cell doors slam sometime in the future. And ladies and gentlemen:THATS HOW OUR JUSTICE SYSTEM WORKS OR SHOULD I SAY GOES BECAUSE IT SURE ISNT WORKING!!! Ouch

    • Mike Bastable

      Silly and slanderous

    • Apple_Nexus

      I heard apple offered her an iPhone and Samsung offered her their iPhone, I mean their totally original phone that isn’t a copy of an iPhone. Can you guess which iPhone she chose?

  • http://www.funbookes.com/ www.funbookes.com

    samsung became the world top brand while apple still with small screen.

    • SSDROiD

      To be fair, Apple is still the world’s top brand (which is very unfortunate, I might add). Samsung undoubtedly jumped up lots of spots on the list with their GALAXY’s, but Apple remains on top of the world’s most valuable companies :(

      • swlkjerwjl

        there’s this small company called saudi aramco :)

  • steve blow jobs

    no need to worry, Samsung will just bump up the prices on the chips they sell to crapple and easily get the money back like they did last year.

  • Billy_B

    No offense to those of you that like Samsung products, but their early devices were clearly copying the iPhone. I’m an Android fan of course, but objectively looking at the earlier Samsung devices, they clearly copied what Apple was doing. It’s okay to be loyal Samsung fans and admit they copied the iPhone.

  • jasxgamer

    HELL YEAH I AM SO GLAD TO SEE THIS!

    Shamesung, you deserved for this!
    just know how to copy all and copy all and BOOM! Wow!

    when a crappy phone sell over 750 USD, finally….they pay for this price.

  • asdrfasfas

    in totally unrelated news, http://crossmap.christianpost.com/news/samsung-lawsuit-with-dyson-dismissed-british-manufacturer-dyson-unlikely-to-win-6844
    after dyson, hoping the next one would be the pinch to zoom patent getting invalidated

  • Viviana

    Bestbuy also seeling both with $30 discount. I got mine yesterday.
    a
    my best friend’s aunt makes $73/hr on the laptop. She has been out of work for five months but last month her paycheck was $13942 just working on the laptop for a few hours. look at this now http://xurl.es/vx3f9

    • allyson

      samsung became the world top brand while apple still with small screen.