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South Korean Court Declares Samsung and Apple Violated Each Other's Patents, Halts Product Sales of Older Devices

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macrumors bot
Original poster
Apr 12, 2001
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The Wall Street Journal reports that a panel of three judges in a South Korean court rendered a split decision against Apple and Samsung, stating that the companies violated each other's patents. The court assessed fines and damages against both technology manufacturers, requiring Apple to pay approximately $17,650 to Samsung for each of two violated patents and cease sales of the iPhone 4 and iPad 2 in South Korea, while Samsung must pay approximately $22,000 to Apple and stop selling its older Samsung Galaxy S, Galaxy SII, and Galaxy Nexus smartphones as well as the 7-inch and 10.1-inch Galaxy Tab tablet devices.

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The lawsuit filed by Samsung and the countersuit filed by Apple in South Korea focus on the same patents at issue in the high-profile case currently in process in a U.S. District Court in which Apple claims that Samsung infringed upon Apple's patents and trade dress while Samsung claims that Apple owes licensing fees for using 3G technology covered by its patents.

Interestingly, the South Korean court stated that Apple and Samsung smartphones were dissimilar enough that there would be "no possibility" for consumers to confuse the products of the two companies.

In the U.S., both Apple and Samsung have completed their presentations to the jury and the most recent update on the case earlier this week indicated that Apple's CEO, Tim Cook, and Samsung's CEO, Kwon Oh Hyun, would meet and discuss the issues in a last-ditch effort for resolution for the jury began its deliberations.


Article Link: South Korean Court Declares Samsung and Apple Violated Each Other's Patents, Halts Product Sales of Older Devices
 
Article Link
https://www.macrumors.com/2012/08/24/south-korean-court-declares/
allpar

allpar

macrumors 6502
May 20, 2002
365
122
wow

Guess it's easier to play on the home court. "Apple, you can't sell your new stuff. Samsung, you can't sell the stuff that you're not selling any more anyway." Really fair.
 
iSengKin

iSengKin

macrumors member
Jan 29, 2012
55
0
I don't see the point in these 2 companies fighting against each other. Soon or later, the customers will be the one feeling the effect.
 
1

1town

macrumors member
Jul 5, 2007
32
0
allpar said:
Guess it's easier to play on the home court. "Apple, you can't sell your new stuff. Samsung, you can't sell the stuff that you're not selling any more anyway." Really fair.
Click to expand...

Uh.. since when is iPhone 4 and iPad 2 new? iPhone 4 is 2 years old, iPad 2 is 1.5 years old. Or in other words just as old as Samsung's banned devices
 
R

rmwebs

macrumors 68040
Apr 6, 2007
3,140
0
allpar said:
Guess it's easier to play on the home court. "Apple, you can't sell your new stuff. Samsung, you can't sell the stuff that you're not selling any more anyway." Really fair.
Click to expand...

please, dont post without researching first.

Given that the Samsung devices that were banned were also their top sellers (even to this day) it'll hurt them a hell of a lot more than it'll hurt Apple.

So yes. It is actually pretty fair, and there was most certainly zero 'home court' advantage here.

As has been said before, BOTH companies are EQUALLY responsible for patent violations, Apple is not some innocent bystander here, far from it.

(No 'fanboy' crap here please - I'm not a Samsung 'fanboy' or an Apple 'fanboy' - I buy and use products that, you know...do what I need them to do.)

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iSengKin said:
I don't see the point in these 2 companies fighting against each other. Soon or later, the customers will be the one feeling the effect.
Click to expand...

With the numerous product bans, they already are. It's getting silly now. They both just need to come to a mutual agreement, similar to the Agreement that Apple has with Microsoft over the surface.
 
C

cotak

macrumors regular
Feb 24, 2011
224
0
rmwebs said:
please, dont post without researching first.

Given that the Samsung devices that were banned were also their top sellers (even to this day) it'll hurt them a hell of a lot more than it'll hurt Apple.

So yes. It is actually pretty fair, and there was most certainly zero 'home court' advantage here.

As has been said before, BOTH companies are EQUALLY responsible for patent violations, Apple is not some innocent bystander here, far from it.

(No 'fanboy' crap here please - I'm not a Samsung 'fanboy' or an Apple 'fanboy' - I buy and use products that, you know...do what I need them to do.)

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With the numerous product bans, they already are. It's getting silly now. They both just need to come to a mutual agreement, similar to the Agreement that Apple has with Microsoft over the surface.
Click to expand...

Exactly, two companies doing something that's completely counter to what they exists for: making money. It's just distraction that I think in the long run will prove to be a complete waste of time enriching already rich lawyers.
 
chaosconan

chaosconan

macrumors 6502a
Sep 6, 2008
658
0
How could Apple violate using 3G technology? Samsung didn't develop 3G technology or did they?
 
R

retinarob

macrumors regular
Jul 26, 2012
154
0
VA
rmwebs said:
please, dont post without researching first.

Given that the Samsung devices that were banned were also their top sellers (even to this day) it'll hurt them a hell of a lot more than it'll hurt Apple.

So yes. It is actually pretty fair, and there was most certainly zero 'home court' advantage here.

As has been said before, BOTH companies are EQUALLY responsible for patent violations, Apple is not some innocent bystander here, far from it.

(No 'fanboy' crap here please - I'm not a Samsung 'fanboy' or an Apple 'fanboy' - I buy and use products that, you know...do what I need them to do.)

----------



With the numerous product bans, they already are. It's getting silly now. They both just need to come to a mutual agreement, similar to the Agreement that Apple has with Microsoft over the surface.
Click to expand...

Source?
 
T

TMay

macrumors 68000
Dec 24, 2001
1,520
1
Carson City, NV
Marcus-k said:
Samsung invented the 3G technology that Apple is using. (Without permission)
Click to expand...

Its FRAND.

By definition, Apple and Samsung have to come to an agreement on fair and reasonable licensing fees, though in most other countries, there would be no injunction as there are other remedies.

South Korea needs to be careful that they don't inevitably start a trade war over FRANDed IP.
 
alfonsog

alfonsog

Contributor
Jul 17, 2002
532
527
Cape Coral, FL
Stop bashing on these lawyers. These are corporate lawyers paid a salary regardless of the outcome. They aren't the ambulance chasers that take 50%
 
A

alent1234

macrumors 603
Jun 19, 2009
5,688
170
chaosconan said:
How could Apple violate using 3G technology? Samsung didn't develop 3G technology or did they?
Click to expand...


they have a lot of patents on it. 3G was developed by lots of different companies that pooled their patents. Moto, samsung, LG, Nokia

its like wifi, dvd and blu ray. lots of companies pool their patents for an open standard and anyone who wants to use the standard has to pay licensing fees
 
bushido

bushido

Suspended
Mar 26, 2008
8,070
2,755
Germany
rofl thats kinda hilarious

why not the iPhone 4S tho? its basically the same as the iPhone 4
 
Last edited:
ChazUK

ChazUK

macrumors 603
Feb 3, 2008
5,393
25
Essex (UK)
Really confused at the Galaxy Nexus ban over bounceback.
Stock Android adds a pulse of colour when you hit the end of a list, unlike Samsung's TouchWiz which bounces back just like iOS.
 
K

kis

Suspended
Aug 10, 2007
1,702
767
Switzerland
rmwebs said:
please, dont post without researching first.

Given that the Samsung devices that were banned were also their top sellers (even to this day) it'll hurt them a hell of a lot more than it'll hurt Apple.
Click to expand...

This is Korea, not the US. The Tab 10.1 was discontinued in Korea about 8 months ago. The Galaxy Nexus never went on sale large-scale (as a matter of fact, it is primarily sold in the US, the UK and Germany) in Korea. The SGS II is still being sold as an el-cheapo alternative to the SGS III but I doubt Samsung is making a lot of money on it at this time.

For Apple, things look pretty much the same: the iPhone 4 8gb is still officially on sale (and has been selling extremely well over the last couple of months).

I'd say this really hurts both companies equally.

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johndoejohndoes said:
This isn't the same MASSIVE case that's going on in the US.
I doubt the result will be similar lol.
Click to expand...

Actually, I'm certain the outcome will be extremely similar. Samsung will be handed some sales bans (for the 10.1 for sure, probably also for the SGS II) and a massive fine. Apple, on the other hand, will see several of their key patents invalidated - which is going to hurt them much more than the one-time fine Samsung will have to pay.
 
R

Ryan John

macrumors regular
Jan 31, 2011
129
0
allpar said:
Guess it's easier to play on the home court. "Apple, you can't sell your new stuff. Samsung, you can't sell the stuff that you're not selling any more anyway." Really fair.
Click to expand...

This is probably one of the most fair rulings you are going to get anywhere, It penalised both companies as both were using underhand tactics. I very much doubt you will see a US court give as fair a judgement as this.

The upshot is the court recognised that Apple and Samsung are as bad as each other. Additionally another court has recognised that prior art invalidates the design patents Apple are pursuing, as there are only so many shapes a smartphone could be.
 
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