A U.S. jury on Friday ordered Samsung Electronics Co Ltd to pay
$119.6 million to Apple Inc, far less than Apple had sought and marking a
big loss for the iPhone maker in the latest round of their
globe-spanning mobile patent litigation.
During the month-long
trial in a San Jose, California, federal court, Apple accused Samsung of
violating patents on smartphone features including universal search,
while Samsung denied wrongdoing. On Friday, the jury found the South
Korean smartphone maker had infringed two Apple patents.
Apple and
Samsung have been litigating around the world for three years. Jurors
awarded the iPhone maker about $930 million after a 2012 trial in San
Jose, but Apple failed to persuade U.S. District Judge Lucy Koh to issue
a permanent injunction against the sale of Samsung phones in the United
States.
Some industry observers see the ongoing legal dispute as
an attempt by Apple to curtail the rapid growth of phones based on
Google Inc's rival Android software. Samsung was by far the largest
adopter of the operating platform.
'Though this verdict is large
by normal standards, it is hard to view this outcome as much of a
victory for Apple. This amount is less than 10 percent of the amount
Apple requested, and probably doesn't surpass by too much the amount
Apple spent litigating this case,' said Brian Love, assistant professor
at the Santa Clara University School of Law.
'Apple launched this
litigation campaign years ago with aspirations of slowing the meteoric
rise of Android phone manufacturers. It has so far failed to do so, and
this case won't get it any closer.'
The current case involves five
Apple patents that were not in the 2012 trial and that cover iPhone
features such as slide-to-unlock and search technology. Apple is seeking
to ban sales of several Samsung phones, including the Galaxy S III, and
sought just over $2 billion in damages.
It will now be up to Judge Koh to decide whether a sales ban is warranted, though legal experts deem that unlikely.
'An
injunction is extremely unlikely,' argued Michael Carrier, a professor
at Rutgers Law School. 'The Federal Circuit sets a high bar.'
Responding
to the verdict, Apple said the ruling reinforced its stance that
'Samsung willfully stole our ideas and copied our products.'
Samsung representatives were not immediately available for comment.
TO AND FRO
The
shortfall in damages for Apple led some experts to again question
whether patent litigation amongst the technology industry's largest
players, which has been on the rise in past years, was a viable
strategy.
Critics have argued that patent litigation can be abused
and can hinder innovation. Its advocates say litigating helps
innovators protect their intellectual property and benefit from them.
'What
the verdict shows is that Apple's patents did not play a significant
role in consumer decisions,' Carrier wrote. 'One wonders if the endless
smartphone patent wars, costing millions and putting the focus on the
courtroom rather than the innovation lab, are worth it.'
During
the trial, Samsung argued that Apple had vastly exaggerated the
importance of its patented iPhone features, while Apple said the South
Korean company could not have competed in the smartphone market without
unfairly copying its flagship product.
In the San Jose trial, the
jury found that Samsung had infringed two patents, and the judge had
ruled before trial that Samsung had infringed a third. The jury also
found Apple had infringed on one of the Korean company's own patents.
Samsung, which asserted a $6 million damages claim, was awarded $158,400.
During
the trial, the two tech leaders also sparred over how Google's work on
the software used in Samsung phones affects Apple's patent claims.
Samsung's phones run on the Android mobile operating system developed by
Google Inc.
Google was not a defendant in the case, but during
the trial Samsung pointed out that some of the features Apple claims to
own were actually invented by Google, and called a handful of executives
from the Internet search giant to testify on its behalf.
Apple
said Google shouldn't affect how jurors analyzed Samsung's liability,
partly because Google had agreed to reimburse some of Samsung's costs.
After
the jury delivered its verdict, Apple attorneys argued that the jurors
had made a technical mistake in awarding damages to Apple on a patent
covering one of Samsung's phones. Koh ordered the jurors to return on
Monday to resolve the issue, which could boost Apple's damages award by a
few hundred thousand dollars.
The case in U.S. District Court, Northern District of California is Apple Inc vs. Samsung Electronics Co Ltd, 12-630.
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