Apple Patent Win May Affect Consumers

 
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Banners advertising Samsung Electronics' Galaxy S III, left, and Apple's iPhone 4S are displayed at a mobile phone shop in Seoul, South Korea, Friday, Aug. 24, 2012. (AP Photo/Ahn Young-joon)
Apple's swift victory in defense of its iPad and iPhone designs with a jury verdict of patent infringement against Samsung is likely to have wide-ranging effects on other device makers that run Google's popular Android operating system -- and on their customers.
It could mean higher prices for the coolest features, different choices in mobile devices, and devices that work in less familiar ways. It means Apple's rival smartphone and tablet makers, and Google, will have to scramble harder.
Nine jurors late Friday found that Samsung violated six out of seven of Apple's patents at issue. Three key patents cover familiar touch functions that allow Apple device users to easily scroll pages, zoom out on images or tap to enlarge text, all with fingers.
If Samsung does not win an appeal of the verdict, it will have to remove or work around those shortcuts, which Apple says took years to develop and three months for Samsung to copy.
If the $1.05 billion damage award survives, it will be one of the largest verdicts in patent history. Two larger verdicts were reversed, according to Stanford University law professor Mark Lemley. "It's a huge win for Apple," says Lemley. "But this is one lawsuit among 50 in the smartphone market, and Apple's real target may be the Android ecosystem."
U.S. District Court Judge Lucy Koh has the power to triple the damages to more than $3 billion, because Samsung's infringement was found to be willful.
"We applaud the court for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right," Apple spokeswoman Kristin Huguet said in a statement. The quick verdict after deliberations began Wednesday was a surprise. Jurors had to answer hundreds of questions and had more than a hundred pages of instructions from the judge. It appears likely the group was able to easily grasp the hero-and-villain narrative told by Apple's lawyers and also that the Silicon Valley-based jurors were more well-versed in tech than others might be.
The judge will now consider Apple's request for injunctions that would force Samsung to pull patent-infringing products from stores, as well as whether to treble the damages. A hearing is set for Sept. 20, and Koh's rulings are expected within six to eight weeks after that.
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SOURCE: USA Today
Scott Martin
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