Samsung vs. Apple Court Battle-Royale

[RadioRaiders]

Surprised nobody posted about this here. Things are getting slow lately without any "fanboys" to stir the pot The trial is wrapping up this week, I believe. For those who haven't heard, just Google "apple samsung trial", you'll see Apple is suing Samsung for alleged copyright violations and generally copying the iPhone design to the tune of $2.5 billion.

Personally, I have seen both phones, and they have pretty much zero similarities. I've seen some details Apple brought up in court, and to me they look ridiculous. Pretty much all phones have some similar features. All laptops as well. If you covered the logo on any phone or laptop, I'm not sure I could definitively tell you who made it. But these are kind of the silly things the lawyers are nit-picking in the court room. And the judge seems to be getting sick of it as well, with today's "you're smoking crack" comment to an Apple lawyer

Anyway, I'm kind of shocked this crap made it into a courtroom int he first place, but hey it is a California courtroom, and hey, it is Apple, so... who knows, it's a crap shoot. The judge advised Apple and Samsung lawyers to hash something out between themselves, but nothing doing, snakes and sharks don't play well together.

The trial is wrapping up soon, should be interesting to see the outcome. The last high-profile California trial I watched was the OJ trial, so I have no doubt justice will be served...or severed...whatever...

[JFB]

Its a little hard to vote without knowing all the facts(like the jury), but I'll vote that Apple won't get paid.

[Charlyee]

I feel sorry for the jury and the judge who have to sit through these inane lawsuits. Whoever wins it would just set precedence for more lawsuits but I would be surprised and disappointed if Apple does win.
Sent from my Lumia 900 using Board Express

[dmapr]

I hope that they're all thrown out of court.

[chimeraX]

I don’t know why Apple is suing Samsung. There is no use in it. Imagine if Apple wins the case and if Samsung gets irritated and stops supplying parts for Apple’s iPhone. Where can Apple get those important parts to make their iPhone? I think instead of suing Samsung they should settle down with a business deal.

[RadioRaiders]

I don’t know why Apple is suing Samsung. There is no use in it. Imagine if Apple wins the case and if Samsung gets irritated and stops supplying parts for Apple’s iPhone. Where can Apple get those important parts to make their iPhone? I think instead of suing Samsung they should settle down with a business deal.

I agree. With this lawsuit, Apple is in effect biting the hand that feeds them. Samsung is already beyond irritated. The main reason the iPhone 5 is not in stores yet is because either Samsung is not delivering the parts they need, or Apple is looking for another supplier, but that's not quite so simple I would guess.

Here's an article about it:
Is Apple's Samsung Lawsuit Behind the iPhone 5 Release Delay? - International Business Times

[ComicalMoodyDan]

I did chuckle at this a bit when I read it.

Judge says Apple's 'smoking crack' with giant witness list | Apple - CNET News

[RadioRaiders]

I did chuckle at this a bit when I read it.

Judge says Apple's 'smoking crack' with giant witness list | Apple - CNET News

That's why you're comical, and moody, Dan.

[Charlyee]

Another realted article:

So I went to Best Buy to confuse an iPad with a Samsung

[RadioRaiders]

Another realted article:

So I went to Best Buy to confuse an iPad with a Samsung

The author has a good point. Apple's marketing of an iPad/iPhone is that it's "unique and better" than the rest. But in the courtroom, Apple goes thru great pains to point out how identical the Samsung Galaxy phone/tablet is to their product. C'mon, you can't have it both ways

[chimeraX]

Another realted article:

So I went to Best Buy to confuse an iPad with a Samsung

I think this article should be read by Apple, their attorney and juries. No one in their good conscience will mistake Samsung tablet for an iPhone or iPad. Even if the best buy operative tries to convince Samsung tablet is iPad or iPhone may be a few who doesn’t know anything about Apple only believe (I don’t think it will ever happen). Apple is buying hardware parts from Samsung, so most of the time the design will look the same. Apple is still strong in the market. They don’t need to waste their time or money in stupid cases like this. I hope judge won’t punish Apple for filing stupid cases.

[chimeraX]

So Apple won the case, but there is no update in this thread. After Apple won the patent infringement case against Samsung Apple stock rises even more in Wall Street while Samsung stock fell by 7%. There are also speculations going around that Samsung products will be banned in US. Will Samsung products be banned? And there are lots of other speculations going around like Apple will enter cable box market soon by acquiring TiVo to compete against Google TV and Motorola boxes. Will the two giants clash against each other in all the fields? Any thoughts?

[JFB]

Well I guess there will be an appeal, so it could be up in the air for a while.

[Quint101]

Apple wants to ban 8 offending devices, most of whom aren't really supported or sold anymore ...

The devices include the Galaxy S 4G, S2 (AT&T and T-Mobile), S2 Skyrocket, S2 Epic 4G, S Showcase, Droid charge, and Galaxy Prevail.

Taken from Apple Asks Court to Ban 8 Samsung Phones (Phone Scoop)

[palandri]

Apple wants to ban 8 offending devices, most of whom aren't really supported or sold anymore ...

Taken from Apple Asks Court to Ban 8 Samsung Phones (Phone Scoop)

I've read that, but I have also read speculation that Apple will also go after newer devices which weren't part of the original lawsuit because they have the patent violation. I guess we'll just have to wait and see what the judge allows.

[Charlyee]

Here is a breakdown by numbers of all the devices in question.

Making sense of Samsung's infringing devices | Dialed In - CNET Blogs

[RadioRaiders]

On the one hand, it looks like a short-term victory for Apple: $1 billion in hand and scaring Google that they will go after them next.
On the other hand, the court rulings in other cases have been half-half, so I don't think Apple will get a KO every time. Plus Google holds alot of patents themselves after acquiring Motorola. So a long-term courtroom battle will probably result in a break-even. Well, the lawyers will win, as they always get paid win or lose. And customers will ultimately lose, as prices will rise to cover cost of the lawyers.

Also, in the short-term, Apple is already to suffer repercussions, as Samsung is the world leader in screen production, and Apple has burned that bridge. If iPhone 5 isn't able to meet demand because of screen delays or problems, Apple could easily lose the $1 billion they just won. In other short-term news, Nokia/Microsoft and RIM/Blackberry got a Boost from the lawsuit as well, as any negative news about Android is in their favor.

So, really, there's so many dynamics, it's hard to say if this $1 billion was really a victory for Apple, or them backing themselves into a corner.

[dmapr]

If I'm Nokia I'm having a long hard look at any possible patent infringements by Apple. You know, now that the precedent is set...

Also, I'm not sure it's specifically Android -- none of the Nexus devices is on the list. So maybe it's Samsung's TouchWiz or whatever the heck their thing they taint Android with is called

[dmapr]

Oh, and look at this: Japan tells Apple to take a hike
Apple loses its patent lawsuit against Samsung in Japan - GSMArena.com news

[RadioRaiders]

If I'm Nokia I'm having a long hard look at any possible patent infringements by Apple. You know, now that the precedent is set...

Actually, I'm surprised Sony isn't suing Apple, considering the iPhone design looks strikingly similar to some of their designs. Samsung tried to enter this into court, but was refused for some reason:



DailyTech - Samsung: Apple's iPhone Started as Sony Ripoff

[palandri]

I read some article yesterday saying that Samsung would after Apple if the new iPhone has LTE, because Samsung owns part of the patent on LTE, but I can't find the article now.

[RadioRaiders]

I read some article yesterday saying that Samsung would after Apple if the new iPhone has LTE, because Samsung owns part of the patent on LTE, but I can't find the article now.

Here it is. Nokia holds alot of LTE patents as well and I'm sure wouldn't mind taking a shot at Apple to see how much they can shake them down for, so Samsung may need to take a number when it comes to suing Apple
Samsung threatens to sue Apple if LTE device is released, report says - Tech Talk - CBS News

Apple is also now going to try to ban the Samsung Galaxy III phone, even tho it wasn't included in the lawsuit (). I guess they just simply want to target a current and hot selling phone. Ironically, it's given the Galaxy III more press and buzz driving sales higher:

The Galaxy S III has been a runaway bestseller for Samsung. In its first two months on the market, it cracked 10 million in global sales. A U.S. ban on sales of the phone would tarnish the smartphone's success.

Meanwhile, the threat of such a ban appears to be making the model more popular than ever in U.S. A survey conducted by one securities analyst last weekend after the jury verdict against Samsung was announced showed Galaxy S IIIs flying off the shelves and selling out at a number of outlets.

Apple Targets Galaxy S III, Note in Latest Legal Action | PCWorld

I think karma is going to catch up with Apple very quickly Once a company stops innovating and needs to punch successful competitors below the belt to stay on top, it's a pretty bad sign...

[palandri]

Here it is. Nokia holds alot of LTE patents as well and I'm sure wouldn't mind taking a shot at Apple to see how much they can shake them down for, so Samsung may need to take a number when it comes to suing Apple
Samsung threatens to sue Apple if LTE device is released, report says - Tech Talk - CBS News

Apple is also now going to try to ban the Samsung Galaxy III phone, even tho it wasn't included in the lawsuit (). I guess they just simply want to target a current and hot selling phone. Ironically, it's given the Galaxy III more press and buzz driving sales higher:


Apple Targets Galaxy S III, Note in Latest Legal Action | PCWorld

I think karma is going to catch up with Apple very quickly Once a company stops innovating and needs to punch successful competitors below the belt to stay on top, it's a pretty bad sign...

Thanks for posting that link about the potential LTE lawsuit against Apple. I knew I had read it somewhere.

[KevinJames]

Although Samsung's appealing the court decision has already been mentioned, more information about the blatant miscarry of justice has also come to the fore. I thought I posted this elsewhere, but I can't find it. This rather lengthily article outlines a number of wrongs done. One of the most notable is that the instruction packet clearly indicated that any compensation made by Samsung to Apple was only to be what could be proven as real loss. They were not to punish. Yet the foreman was very clear that the jury wanted to "send a message to the industry" and wanted to make the penalty "painful" so that everyone would know that copying was bad and there made a scapegoat out of Samsung. (After bringing up the article, use the search feature and search for "Update 2"

Groklaw - Jury in Apple v. Samsung Goofed, Damages Reduced -- Uh Oh. What's Wrong With this Picture? ~pj Updated 5Xs

[palandri]

Although Samsung's appealing the court decision has already been mentioned, more information about the blatant miscarry of justice has also come to the fore. I thought I posted this elsewhere, but I can't find it. This rather lengthily article outlines a number of wrongs done. One of the most notable is that the instruction packet clearly indicated that any compensation made by Samsung to Apple was only to be what could be proven as real loss. They were not to punish. Yet the foreman was very clear that the jury wanted to "send a message to the industry" and wanted to make the penalty "painful" so that everyone would know that copying was bad and there made a scapegoat out of Samsung. (After bringing up the article, use the search feature and search for "Update 2"

Groklaw - Jury in Apple v. Samsung Goofed, Damages Reduced -- Uh Oh. What's Wrong With this Picture? ~pj Updated 5Xs

interesting article. Thanks for posting tha!

[RadioRaiders]

A court in Munich ruled on Thursday that Google-owned Motorola Mobility (MMI) must recall all the Android tablets and smartphones it has shipped in the country which infringe Apple's "rubber band" scrolling patent, which was key in its billion-dollar lawsuit win against Samsung in the US.

Now Apple scored a court victory in Germany, and looks like Motorola will have to recall their products because of a bouncing scroll feature. Give me a break

Motorola Mobility ordered to recall Android tablets and smartphones | Technology | guardian.co.uk

[RadioRaiders]

Motorola strikes back:

Motorola asks ITC to ban every Mac, iPad, and most iPhones | Ars Technica

The International Trade Commission voted yesterday to investigate Apple for patent infringement allegations launched by the Google-owned Motorola Mobility. As expected, Motorola is asking for import bans on just about every iOS device, including iPhones, iPods, and iPads. What might be surprising is that Motorola is also asking for a ban on every type of Mac OS X computer, claiming Apple's iMessage technology infringes a Motorola patent.

On the whole, Motorola names seven patents, all of which are allegedly infringed upon by some or all of these iOS devices: the iPod Touch, iPhone 3GS, iPhone 4, iPhone 4S, and all three generations of the iPad. Presumably, the iPhone 5 would have been included had the complaint been filed a bit later.

According to Motorola, one of the seven patents is infringed upon by every Mac computer, specifically the Mac Pro, iMac, Mac mini, MacBook Pro, and MacBook Air. This patent, filed for in 2001 and issued in 2006, covers a "System for providing continuity between messaging clients and method therefor."

In an exhibit attached to the complaint (PDF), Motorola explains that Apple's iMessage client for iOS and Mac OS X violates a claim in that patent covering "A plurality of messaging clients within a messaging communication system for providing continuity between the plurality of messaging clients comprising: a first messaging client, for establishing a first communication connection including a plurality of client data with a message server; and a second messaging client for receiving the plurality of client data from the first messaging client and for establishing a second communication connection including the plurality of client data with the message server."