Apple Jury Foreman: Judge ‘probably’ will ban Samsung phones

By , Aug 28, 2012

Some U.S. sales of Samsung smartphones will “probably be” banned, said Vel Hogan, the Foreman of the California jury in Apple’s successful patent-infringement lawsuit against its South Korean rival. On Friday, the U.S. District Court awarded $1.05 billion in damages.

Although at first the jury was “inundated with evidence” and faced a stalemate, Hogan told Bloomberg TV momentum swung toward Apple after he had an “ah-ha” moment while considering the case at home.

I had what we would call an ah-ha moment and I suddenly decided I could defend this if it was my patent.

From that point, the jury went claim-by-claim, comparing the evidence against the judge’s instructions.

Hogan defended the more than $1 billion awarded Apple, describing it more as a wake-up call for large tech companies than punishment.

If any company decides to ignore the stipulations and the rules and get too close, and they infringe and they do it willfully, they need to understand that if they take the risk and they get caught, they should have to pay for it.

The damage amount was calculated at a middle-point between the 35 percent of profits Apple claimed it lost from the infringement and the 12 percent Samsung suggested.

The jury leader gave some encouragement to Google, who may be worried Apple could go after its Android operating system, which powers Samsung and many other handsets. “The Android operating system is not what infringed,” he told the Bloomberg interviewer.

Ironically, no member of the jury which sided with Apple owns an iPhone, Hogan said. Indeed, he said he is a “PC person” and his wife owns a Samsung phone — but it’s not a smartphone. He had some advice for Samsung and other smartphone makers hoping to cash-in on the popularity of the iPhone without landing in court.

Nokia is an example. BlackBerry is an example. Motorola is an example. Just because it has an Android operating system that makes it seem Apple-like, it is not. They don’t have to be 100% the same. You can back off from that and have an acceptable product,” Hogan said.

“Acceptable” is the keyword. Nokia and BlackBerry are two smartphone makers hanging onto slender threads after trying to challenge Apple. Motorola has never regained the buzz and excitement once generated by its original Razr.

Can the iPhone’s rivals be happy to offer “acceptable” alternatives to Apple, or will competitors always fly a little too close to the legal flame?

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  • http://twitter.com/Jack_maredit Jackson Grong

    Fruit Ninja Reedem! For the faster one! :D I alredy own it…
    PWA9FFFF4KN4

  • http://twitter.com/Pitchy Pitchy

    this “ah ha” moment paid for by Apple.

    can’t help but to think of this guy now as a complete jack ass.

  • http://www.youtube.com/Tr1pTr0p Tr1pTr0p

    If there is something I’m against, that is blocking sales of devices and suffocating competition.

  • http://twitter.com/MikePT28 Mike Pesate

    Just a thought, you should have put the video here so people can see it, the guy was pretty bias with apple, not cose he loved apple, but cose he IS a patent holder and he said that if it was his patent that was been infringe upon he will defend it.

    Next point is that he said that they were impartial, and didn’t side with apple cose they are an US enterprise while Sammy is not, but through out the entire interview he kept saying “this country”, so that makes me wonder.

    Also he said that he had to explain to the other peeps in the jury some of the stuff on the patent process etc, so that gave him the better hand at guiding them to his point of view, which he said was pretty clear from the start.

    Plus, I don’t know how this guy ended in the jury, I think that was a mistake from sammys lawyers, just cose he is a patent holder he needed to be dismissed.

    I think this guy is enjoying his 15 minutes of fame, but it will s*ck for apple if he doesn’t shut up, cose he’s making samsungs appeal case a lot easier with all his rambling, although I don’t care much if the reverse the veredict, cose I think that some of apple’s patents aren’t valid, but thats just my point of view.

    You can agree or not, just be polite and educated with your answer we are not here to insult each other or act like we own one of this companies and defend them with our lives, we are just but mere consumer and we each have our opinions on the matter based on what we see or hear.

    I just have a complaint and is about that this article is telling us what the writer wanted to say about the interview, with some extracts, not letting us have a real chance at making our own opinion on what this guy said, this article is like in court when you are on the stand and the lawyer ask’s you to “read the highlighted portion”.

    Also, blackberry does’t make android phones and as it was said, it’s almost done, they are betting all they have on the OS10, and I used to own a blackberry, and had to ditch it cose, the only useful feature is the BBM, the rest of the phone is useless, near to 0 useful apps, games that where boring, and similar, with apps like whatsapp who need BBM, so that’s why I jumped ship, and I don’t see my self returning with the OS10, doesn’t quite seem like it’s going to thrive. Also there’s Nokia who’s betting all they’ve got on Windows Phone 8, crossing fingers for them, but I really don’t like to have windows on my phones, it just feels weird…. xD I know, what a reason right??? Motorola, I haven’t read much about them since they where bought by Google, I used to love Motorola, my first 3 phones before the BBs where Motorola, the ROKR series was my favorite, so I’m hoping that they will rise up again and make a phone worthy of their caliber so I can put the S3 on a drawer and pick up their flag phone!

    PS: I’m not siding with Sammy here, nor I’m against them, I’m a proud owner of an Ipod touch and a Galaxy S3 so I enjoy the best of both worlds.

    • ExRoot

      Good points regarding the jurors stAtements. Good cause for appeal.

  • 2tearsSr

    Why’s it so difficult to understand that if I come out with an idea and you copy it you gotta stop or pay me?! Greater question, if I can buy the original for the price of the knock off, why would I buy the knockoff?

    • http://www.facebook.com/hsvec Honza Švec

      because original isnt always better and because some people just doesnt like apple products, so why would they buy them

      • 2tearsSr

        Understandable… But why then by a direct knock off of an apple product, like a sumsung? Why not by a competitors product that is attempting to be innovative in its design? There are alternative android devices that are just as good as Samsung if not better in some cases.

        And in this case, the original is leaps and bounds better than any knock off. Although I must admit that I do like the screen size on samsung s3 but a jailbroken iPhone is tough to top.

    • http://twitter.com/Pitchy Pitchy

      What idea did Apple itself invent here? Prior art for pinch to zoom and no damn way they invented shiny black rectangles with rounded corners. The only thing that remotely seems a copy is the Phone icon. Both are green and both use handset logos. But even that is so generic I don’t know how a patent was granted. Pretty much everyone associates green with Go and red for Stop. The handset has been a phone logo for countless years. You see it on payphones, signs indicating that a phone where a phone is located.

      Samsung should have changed the Phone icon up a bit, but I don’t know how you can claim infringement on that. Google up “phone icon” and you will see countless results using the same idea and I am pretty sure Apple didn’t come up with that concept first.