No need for introductions here, as you’ve probably seen the exhausting amount of reports pertaining to the Apple Vs. Samsung trial. While the nine jurors take their time to come up with a verdict, the IntoMobile team decided to pre-empt the final decision and share our thoughts as to how we see the verdict unfolding. We likely won’t see verdict for about a week, if not longer, so feel free to share your thoughts in the comments below.
Rooting For : Settlement
Predicted Outcome : Apple
Although Samsung may have secured a semi victory on its home turf, the US of A is painted in Apple Red. While I’d much rather see some sort of settlement between the two companies, I won’t be surprised if the jury returns with a verdict in favor of Apple. Both companies may have some good points, but certain things, like the incredible similarities between the original Galaxy S and the iPhone 3G are hard to ignore. If we see a solid win for Apple, expect some rather dramatic changes in the Android world. That said, Android will likely remain the top mobile operating system for a long time coming.
If a settlement isn’t reached between the two companies, the consumer will lose, and that’s what we care about at the end of the day. Not how much money a company makes off of you or lawsuits.
Rooting For: draw
Predicted Outcome: money will change hands with lawyers laughing their way to the bank
I’m sure both Apple and Samsung have IP to protect with Apple most likely having more to worry about. However, I’m not sure they’ll be able to defend the design of an all-touchscreen phones and tablets. It’s not like similar devices didn’t existed before the iPhone and iPad. Then again, the Cupertino-based company has some patents it has all the right to protect results of its R&D efforts.
At the end of the day, I don’t expect that Apple will be able to convince judges all around the world to ban sales of Samsung’s products. It’s likely that the two companies will agree to pay each other some sum of money with the Korean company most likely paying more.
Rooting for: Settlement
Predicted Outcome: Split Decision
I predict that a full ruling in favor of one company over the other is unlikely. The Apple vs. Samsung case out of South Korea this morning really nailed it for me. In that case, both companies were found to violate certain patents, though Samsung scored a victory in that it was found to not infringe on Apple’s design patent. The judge’s ruling essentially stated that it’s difficult to not mimic the iPhone in some way, since there are only so many meaningful ways you can detract from the generic smartphone design nearly all phones have today. That said, if any company is going to secure a full victory in the case, it’s going to be Apple. According to courtroom analysts, Apple presented a stronger argument than Samsung, and with how complicated the jury instructions and verdict forms are, could push the jury towards an all out Apple victory.
Rooting For: Apple
Predicted Outcome: Apple
Whether you love Samsung or hate Samsung, there’s no denying this company goes to extreme lengths copying Apple’s products from software design to hardware design and even retail store layouts. While I do think Apple will win the trial overall, it won’t be without some sacrifices. Apple does use some of Samsung’s patents and I’m sure the company is well aware of that, but I really don’t think Apple cares too much. It has billions upon billions of dollars in the bank. Samsung, on the other hand, has to know it’s been copying Apple for quite some time — it was revealed in its own documents. Throughout the trial, when Samsung tries to claim it isn’t copying, to me it just looks pathetic. Look at the evidence. I’d argue that Samsung is as successful as it is because of the remarkable similarities to Apple products, except the handsets and tablets run Android instead of iOS, which many people understandably consider a more powerful and flexible operating system. The benefits of Apple-esque hardware plus the benefits of Google’s Android OS is a match made in heaven for tons of consumers. So again, I do think Apple will win, but not without some sacrifices. Judge Lucy Koh even pointed this out earlier in the trial. The difference is while both companies are highly successful, Apple can afford the sacrifices it may need to make more than Samsung can, especially if Samsung does lose.
Rooting For: Settlement
Predicted Outcome: Apple
I admit, there’s a small part in me who wants to see Samsung pay a little on some of its blatant copying of Apple’s design and look. I’d like to think with all the money Apple has spent on research and legal fees, that the outcome would at least have Apple out on top when it comes to style dressing. What I mean by that is, Sammy clearly copied Apple on the design of its app icons, but of course, this all depends if it will get lost in the shuffle with the jury. Regardless, I put my money on Apple.
I would like to see both come to its senses and hammer out a licensing deal of some sort, because this going back in forth to court crap is childish and weak. I’m sure Samsung would be up for a license agreement, but it would all depend on whether or not Apple can put its hate of Samsung and all things Android aside.
Rooting for: A Settlement
Predicted Outcome: A split decision
As much as I would like a settlement, Samsung and Apple have failed repeatedly to come to an agreement. I don’t think that either side is going to yield at this point. Instead, I think the jury will hand down a split decision. Apple will win some parts of its case, and Samsung will win some of its counter-case. The jury was given 109 pages of instructions and 84 directives on how to fill out a 20-page verdict form that includes 36 multipart questions. It’s too complex of a case for one company to be handed an across the board win. Whatever the decision, it will affect the wireless industry for years to come.