Apple awarded $119M, but who's winning the fight?

Published on NewsOK Modified: May 6, 2014 at 1:56 am •  Published: May 6, 2014
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SAN JOSE, Calif. (AP) — When a jury ordered Samsung to pay Apple $119 million for copying features of the iPhone, it was latest chapter in the worldwide legal fighting between the top two smartphone companies.

Friday's damage award was far less than the $2.2 billion Apple demanded and the $930 million a previous jury ordered Samsung to pay after an earlier patent trial involving older-generation products. The jury also trimmed $158,000 from the latest award after finding Apple infringed one of Samsung's patents in making the iPhone line.

Both companies have filed lawsuits and other legal actions in Germany, England, France, South Korea, Japan, the Netherlands, Australia and elsewhere with mixed results.

Although U.S. District Judge Lucy Koh in San Jose urged the companies to settle their differences, a settlement conference in February ended without an agreement and no end in litigation is in sight.

So, who's winning?

It depends on the definition of victory. Samsung Electronics Co. has surpassed Apple Inc. as the top smartphone maker on the planet. Samsung has captured 31 percent of the $330 billion worldwide market compared with Apple's 15.6 percent.

What about the two U.S. jury verdicts ordering Samsung to pay Apple a combined $1 billion for patent infringement?

Samsung, which has $41 billion in cash reserves, has yet to pay Apple a dime. The South Korean company is appealing the 2012 verdict ordering it to pay $930 million and it's expected to appeal the $119 million verdict rendered Friday. More important, courts have refused to bar U.S. sales of any Samsung device found to have infringed Apple patents, so Samsung continues to sell the products at issue in the United States.

Why is Apple continuing its aggressive legal campaign?

"Apple simply cannot walk away from its inventions," Apple lawyer Harold McElhinny told jurors during closing arguments last week.