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Apple wins, Samsung set for bounce-back

Reuters, Seoul
DEFEAT in a bitter patent wrangle with Apple Inc, its smartphone rival and biggest customer, will dent Samsung Electronics Co's $21 billion cash-pile, but could actually help cement its leadership in the global smartphone market.
A US court has ordered Samsung — which sold around 50 million phones in April-June, almost twice the number of iPhones — to pay $1.05 billion damages, after ruling that the South Korean firm infringed on some Apple patents.
While the verdict was a big win for Apple, the damages are less than half the $2.5 billion compensation it sought --although that could yet be increased by the judge — and are just 1.5 percent of annual revenues from Samsung's telecoms business.
That phone and tablet business is the powerhouse behind Samsung's growth, earning around 70 percent of total profit. The group had net profit of $4.5 billion in April-June.
Samsung could also see its popular Galaxy smartphone banned from sale in the United States. But its skill as a "fast executioner" — quick to match others' innovations — would likely mean tweaked, non-patent infringing devices would be on the market soon after any ban came into place.
"Samsung has already made some design changes to new products since the litigation first started more than a year ago,” said Seo Won-seok, an analyst at Korea Investment & Securities. "With the ruling, they are now more likely to make further changes or they could simply decide to raise product prices to cover patent-related payments.’’
Also, Apple's demands for Samsung to pay it a royalty on its phone sales could hit rival phones using Google's Android operating system more than it hits Samsung. If anything, the blaze of publicity from the high-profile, high-stakes U.S. litigation has made Samsung’s brand more recognisable.
The California jury had only begun deliberating on Wednesday after a complex weeks-long trial. Friday's verdict on seven Apple patent claims and five Samsung patent claims suggests the nine-
person panel had little difficulty in concluding that Samsung had copied some features of Apple's iPhone and iPad.
It could lead to an outright ban on sales of key Samsung products, with Apple saying it planned to file for a sales injunction within seven days and the judge in the case setting a hearing on September 20.
Because the jury found "wilful" infringement, Apple could seek triple damages.
The US ruling, read out to a packed federal courtroom in San Jose, just miles from Apple's headquarters, came less than 24 hours after a Seoul court found that while the iPhone and Galaxy look very similar Samsung hadn't violated Apple's design.
Samsung issued a defiant response to the U.S. decision, which it called "a loss for the American consumer", indicating the legal tussle is far from over. "This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple's claims," Samsung said in a statement.
Nomura analyst CW Chung, speaking before the verdict, predicted it could take "many years” for Apple and Samsung to settle the case whatever the result of this round, leaving the two firmly in control of the $200 billion-plus global smartphone market.