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经过21小时的讨论，加州圣何塞的美国联邦法院九人陪审团，今天与苹果站在同一阵线，在具有指标性的手机专利战场上，狠狠地捅了三星一刀。当地时间下午四点半左右，陪审团裁定三星侵犯苹果专利权，并裁决三星必须赔偿苹果高达10.5亿美金的罚款，但与苹果之前要求的27.5亿美金相差甚大。对于三星控告苹果的专利权部分，则没有发现苹果侵害三星的任何权利，因此三星索赔的4.21亿美元，一毛也拿不到。
判决出奇快速 律师措手不及
下午三点左右，开始陆续有媒体记者与民众进入法院聆听判决。法官露西•高 (Lucy Koh)提醒陪审团如果在裁决书上发现任何不清楚或者是错误的地方，亦或者有未回答的问题，将要求陪审团回去重新讨论。
专利战中苹果两位主要辩护律师哈罗德•迈克希尼（Harold McElhinny）与威廉•李(William Lee)则没有出现在法庭上，另一位律师则穿著Polo 恤和短裤出庭，大概是都没有料到判决结果这么快就出来。
三星咨意侵权
而判决书上第一个问题就是，三星是否侵犯了苹果所谓的“弹回”的功能，这点也是最重要的专利权之一。陪审团裁定，三星在手机与平板电脑等移动装置上，的确侵犯了苹果的专利权。
在“用手指放大缩小”的功能上，陪审团也同样裁定，三星在智能手机与平板电脑上的主页上，侵害了苹果的专利。
在“连续点击放大”的功能上，陪审团的裁定也是对苹果有利。陪审团同样裁定，三星“早就知道或应该知道”电子通讯及电子仪器部门有侵权行为。
同样在iPhone的外观，以及使用者介面的图像标志，也发现三星有抄袭的行为。但在三星平板电脑Galaxy的切换介面(tab)，则没有抄袭iPad设计的专利。
而在三星反告苹果侵犯专利权的部分，则被驳回，雪上加霜的三星，也拿不到一毛赔偿金。
陪审团认为平板电脑Galaxy没有侵犯太多权利，但特别指出三星的几款手机Fascinate，E4G，与Galaxy S II抄袭的情况特别严重，一般猜测苹果应该很快就会要求禁止上述手机在美国市场销售。
陪审团认为平板电脑Galaxy没有侵犯太多权利，但特别指出三星的几款手机Fascinate，E4G，与Galaxy S II抄袭的情况特别严重，一般猜测苹果应该很快就会要求禁止上述手机在美国市场销售。
宣判过程到5点左右，法官一度要求陪审团回去，重新讨论大约200万元的赔偿金额细节。
两虎相争 两败俱伤
这场持续超过三周的官司，传唤了大量的证据与众多证人，同时也揭露了两家公司最不想让人知道的秘密，包括销售量与内部通信等。
对于苹果而言，从未曝光过的iPhone与iPad的雏型设计、公司内部的细部财务文件、还有高层间的来往电邮，包括提到对小尺寸iPad的高度兴趣等机密电邮，也赤裸裸地摊在公众下，这对一向保密至上的苹果而言，彷彿是被扒光游街。
而韩国的三星也没好到哪裡去，一连串内部机密文件也被迫公开。包括当设计软件图像标志与一般功能时，公司内部拿著苹果手机研究的尴尬细节。其中一篇内部报告中，还包括了许多投影片，当中三星将最初设计的Galaxy智能手机，与iPhone并排放著，公开询问意见，要怎麽作才能让两者更相似。这让三星在后续审判中，完全无法以原创设计作为攻防的辩驳理由，只能攻击苹果专利的正当性。
三星：此判决不是最终战场
在得知判决结果后，三星发表了书面声明指出：
今天的判决不应该被视为是苹果的胜利，而是美国消费者的损失。此判决将会导致选择变少，创新也更少，并可能导致价格更高。不幸的是专利法被操弄，以至于一个公司垄断圆弧四角的长方形，以及三星与其他公司每日不断改进的科技。消费者有权利选择，他们也知道购买三星产品时到手的是什么。这不是此案的最后结论，也不是法院专利的最终战，全球的法庭中有许多已经驳回苹果的指控。三星将会持续创新，并为消费者推出更多选择。
不过，相信三星的律师将会上诉到联邦法庭。
Apple wins lawsuit against Samsung, as jury awards $1B for patent infringement
The two most popular phones on the planet: Apple's iPhone (left) and Samsung's Galaxy S (right). A new version of the S was released this year. (Reuters)
SAN JOSE, Calif. – After a year of scorched-earth litigation, a jury decided Friday that Samsung ripped off the innovative technology used by Apple to create its revolutionary iPhone and iPad.
The jury ordered Samsung to pay Apple $1.05 billion. An appeal is expected.
Apple Inc. filed its patent infringement lawsuit in April 2011 and engaged legions of the country's highest-paid patent lawyers to demand $2.5 billion from its top smartphone competitor. Samsung Electronics Co. fired back with its own lawsuit seeking $399 million.
But verdict, however, belonged to Apple, as the jury rejected all Samsung's claim against Apple. Jurors also decided against some of Apple's claims involving the two dozen Samsung devices at issue, declining to award the full $2.5 billion Apple demanded.
However, the jury found that several Samsung products illegally used such Apple creations as the "bounce-back" feature when a user scrolls to an end image, and the ability to zoom text with a finger tap.
Breaking down the verdict
As part of its lawsuit, Apple also demanded that Samsung pull its most popular cellphones and computer tablets from the U.S. market. A judge was expected to make that ruling at a later time.
During closing arguments at the trial, Apple attorney Harold McElhinny claimed Samsung was having a "crisis of design" after the 2007 launch of the iPhone, and executives with the South Korean company were determined to illegally cash in on the success of the revolutionary device.
Samsung's lawyers countered that it was simply and legally giving consumers what they want: Smart phones with big screens. They said Samsung didn't violate any of Apple's patents and further alleged innovations claimed by Apple were actually created by other companies.
Samsung has emerged as one of Apple's biggest rivals and has overtaken Apple as the leading smartphone maker.
Samsung's Galaxy line of phones run on Android, a mobile operating system that Google Inc. has given out for free to Samsung and other phone makers.
Samsung conceded that Apple makes great products but said it doesn't have a monopoly on the design of rectangle phones with rounded corners that it claimed it created.
Google entered the smartphone market while its then-CEO Eric Schmidt was on Apple's board, infuriating Apple co-founder Steve Jobs, who considered Android to be a blatant rip off of the iPhone's innovations.
After shoving Schmidt off Apple's board, Jobs vowed that Apple would resort to "thermonuclear war" to destroy Android and its allies.
The Apple-Samsung trial in San Jose came after each side filed a blizzard of legal motions and refused advisories by U.S. District Judge Lucy Koh to settle the dispute out of court. Deliberations by the jury of seven men and two women began Wednesday.
Samsung has sold 22.7 million smartphones and tablets that Apple claimed uses its technology. McElhinny said those devices accounted for $8.16 billion in sales since June 2010.
Apple and Samsung combined account for more than half of global smartphone sales.
From the beginning, legal experts and Wall Street analysts viewed Samsung as the underdog in the case. Apple's headquarters is a mere 10 miles from the courthouse, and jurors were picked from the heart of Silicon Valley where Apple's late founder Steve Jobs is a revered technological pioneer.
While the legal and technological issues were complex, patent expert Alexander I. Poltorak previously said the case would likely boil down to whether jurors believed Samsung's products look and feel almost identical to Apple's iPhone and iPad.
To overcome that challenge at trial, Samsung's lawyers argued that many of Apple's claims of innovation were either obvious concepts or ideas stolen from Sony Corp. and others. Experts called that line of argument a high-risk strategy because of Apple's reputation as an innovator.
Apple's lawyers argued there is almost no difference between Samsung products and those of Apple, and presented internal Samsung documents they said showed it copied Apple designs. Samsung lawyers insisted that several other companies and inventors had previously developed much of the Apple technology at issue.
The U.S. trial is just the latest skirmish between the two tech giants over product designs. Apple and Samsung have filed similar lawsuits in eight other countries, including South Korea, Germany, Japan, Italy, the Netherlands, Britain, France and Australia.
Samsung won a home court ruling Friday in the global patent battle against Apple.
Judges in Seoul said Samsung didn't copy the look and feel of the iPhone and ruled that Apple infringed on Samsung's wireless technology.
However, the judges also said Samsung violated Apple's technology behind the feature that causes a screen to bounce back when a user scrolls to an end image. Both sides were ordered to pay limited damages.
The Seoul ruling was a rare victory for Samsung in its fight with Apple. Those arguments previously have been shot down by courts in Europe, where judges have ruled that they are part of industry standards that must be licensed under fair terms to competitors.
The U.S. case is one of some 50 lawsuits among myriad telecommunications companies jockeying for position in the burgeoning $219 billion market for smartphones and computer tablets.
Read more: http://www.foxnews.com/tech/2012/08/24/jury-reaches-verdict-in-apple-vs-samsung-case/#ixzz24XI22quv |
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悉尼消费者经验总结 (2008-7-27) Devil_Star 
发表于 2012-8-25 16:16
发表于 2012-8-25 17:11
