South Korean Court Rules Apple and Samsung Both Owe One Another Damages

The Apple iPad and a Samsung Galaxy Tab have a rough day in South Korea. Photo: Jon Snyder/Wired

Apple and Samsung’s international courtroom tribulations took a slight turn for the worse for all parties involved Friday. A South Korean court ruled that both companies infringed on one another’s intellectual property and owe each other damages.

The Seoul Central District Court ruled that Samsung violated one of Apple’s utility patents, over the so-called the “bounce-back” effect and slide-to-unlock features in iOS, and that Apple was in violation of two of Samsung’s wireless patents. Apple’s claims that Samsung copied the designs of the iPhone and iPad were denied.

The monetary penalties are a drop in the ocean to the tech titans: Samsung owes Apple $22,000 (25 million Korean won), while Apple needs to pay Samsung $35,300 (40 million won). Far worse for both, the court is temporarily banning sales of Apple’s iPhone 4 and iPad 2, and Samsung’s Galaxy Nexus, Galaxy SII, Galaxy Tab, and Galaxy Tab 10.1 in the country.

It is “highly likely” that Apple and Samsung will petition the court over this injunction, Kim Mun-sung, a court spokesman, told PCWorld.

Intellectual patent attorney Linda D. Kennedy told Wired via e-mail that such an outcome could happen here in the U.S. — but it’s no more probable than any other result. However, the case in South Korea likely differed from what’s happening stateside due to possible variations in the patents involved. “Generally, patent rights are territorial. Despite efforts toward global harmonization, differences remain from country to country,” Kennedy said. “Those differences can be significant.”

Apple and Samsung have been embroiled in tense intellectual property litigation across the globe for over a year now. Kennedy said one theme comes to mind regarding Apple and Samsung’s ongoing case, “No holds barred and no expenses spared — across the board and the borders.”

In the U.S., the duo have been duking it out in a jury trial in San Jose federal court for the past four weeks. With closing arguments completed earlier this week, the trial is now in the hands of jurors unless the parties end up settling outside of court — an unlikely scenario. Apple is requesting damages of $2.5 billion from Samsung for its alleged patent violations; Samsung is requesting Apple pay $519 million in damages.

Source: http://www.wired.com/gadgetlab/2012/08/s-korea-court-rules-damages/

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