Samsung: We will appeal

Even though the verdict is in, that doesn't mean that the Apple v. Samsung patent trial is over. On Friday night, Korean based Samsung said that it would appeal the decision. Despite what you might think from watching Perry Mason, just losing a case doesn't mean that you can appeal. There has to be a reversible error committed by the judge in applying the law. An appeal can be made, for example, if the judge allowed in evidence that should not have been seen by the jury or did not allow in evidence that should have been seen by the jury. The shadow of Shin Noshibori looms large there.

On the first day of the trial, Judge Lucy Koh even alluded to the appeals process when she heard complaints for the upteenth time from a Samsung attorney about her ruling against the admission of certain pre-Apple iPhone designs made by Samsung. The judge said that she had heard three motions on this issue and then told Samsung's attorney that they now had a record for appeal.

Samsung says that the verdict was not a win for Apple, but a loss for the American consumer and will lead to fewer choices. Samsung's statement included some pretty strong comments on the patent system and Apple. "It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies," said Samsung in an official statement.

Samsung said it would file with Judge Koh some post-verdict motions to overturn the verdict. If that doesn't work, and it rarely does, Samsung will file an appeal with the Court of Appeal. If the latter court believes that Sony's pre-iPhone designs or the slideshow made by Samsung should have been seen by the jury, the court could send the case back to District Court to be reheard. But that is all speculation. Tonight, Apple gets to celebrate while Samsung's attorney's pour over the transcripts looking for the opening that gets them a chance to appeal.

source: AllThingsD