Editor in Chief
South Korean Court: Apple v Samsung; Both Parties Infringed; Samsung Didn't Copy
With all of the media focus on the U.S. trial of Apple vs. Samsung, it's easy to lose track of the other cases going on around the world between the two juggernauts. The South Korean case just wrapped up and the court ruled that Samsung did not "slavishly copy" Apple's designs. Both sides were found to be infringing upon each other's patents though. Here's a breakdown of the results:
Samsung’s products infringed Apple’s ‘bounce-back’ patent -
- Samsung's Galaxy S, Galaxy S II, Galaxy Nexus, Galaxy Tab and the Galaxy Tab 10.1 have been banned from South Korea.
- Samsung will have to pay 25 Million won in damages (which amounts to about $22,000 Dollars.)
Apple's products infringed two of Samsung's patents related to wireless transmission of data -
- Apple's iPhone 4 and iPad 2 have been banned from South Korea
- Apple will have to pay 40 Million won in damages (which amounts to about $35,000 dollars.)
As far as Apple's "trade dress" arguments are concerned, (that's the accusation of copying), here was the South Korean judge's statement,
The court also stated that there was "no possibility" of confusion between Apple and Samsung products for consumers.
There are lots of external design similarities between the iPhone and Galaxy S, such as rounded corners and large screens … but these similarities had been documented in previous products,” a judge at the Seoul Central District Court said on Friday.
Obviously, both parties are likely to appeal these decisions, but at least we are seeing some progress. The case was mostly a "wash" for both parties. Now, if we could just get the U.S. judge and jury to pay attention to the South Korean case, maybe some fair and equitable result can be attained in the U.S. as well.
08-24-2012 11:09 AM
LOL this actually hurt both sides with the ban, which should be some kind of wake up call for these "lawsuits" I guess no one won and everyone nowhere. And the pay damages are very amusing. Here millions and millions are dollars are poured into these international lawsuits just be award chump change.