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  (Source: Warner Bros.)
Slow pace is killing Apple's efforts to legally damage Samsung, HTC, and Motorola

Another week is passing by, and Apple, Inc. (AAPL) has seen its hopes in yet another anti-Android court trial slip through its fingers.  Last week saw Judge Richard A. Posner, a Seventh Circuit Court of Appeals judge who moonlighted in the U.S. District Court, Northern District of Illinois(Chicago), toss Apple and Motorola Mobility's (a Google Inc. (GOOGsubsidiarysuits/countersuits out of court.  

I. No Ban For You

Now across the country, his peer Northern District of California (San Jose/San Francisco) Judge Lucy Koh has ruled on a crucial decision in Apple's legal war with Android -- whether to put in place a ban that would spoil perhaps Android's biggest summer blockbuster launch -- the Samsung Galaxy S III.

The news was not what Apple was hoping for.

After hearing arguments from top Android smartphone maker Samsung Electronics Comp., Ltd. (KSC:005930) and Apple's legal teams, Judge Koh announced that she would not rule on whether to grant a preliminary injunction on the Galaxy S III ahead of its June 21 launch.

The Samsung Galaxy S III
The ruling is a blow to Apple.  Apple earlier this week announced iOS 6, which disappointed some in lacking the major graphical overhaul/refreshing that Google and Microsoft Corp. (MSFT) have delivered in their recent builds.  Aside from its increasingly dated UI, Apple has not yet announced when it will ship its next generation iPhone.  The general expectation is that it will see a July launch.

That would place it roughly a month behind Samsung's flagship model in the U.S. market.  Apple was hoping to eliminate Samsung's head start with a court-enforced injunction, but its lawyers’ pleas fell on deaf ears.

II. Apple Faces Vanishing Hopes of Worthwhile Victory

Google spokesman Jim Prosser complained in a statement to Reuters that "vague" patents by Apple and others are creating a legal mess in the smartphone industry.  Kristin Huguet, spokeswoman for Apple, reiterated her complaint that Android phonemakers were guilty of "blatant" copying.

But Brian Love, a professor at Stanford Law School, says that ultimately Google is winning by not losing, while Apple is losing by seeing its cases bog down to a sluggish crawl through the court system.  He comments, "The stalemate is much more of a victory for the accused infringers than it is for Apple."

Paul Berghoff, a seasoned Chicago-based patent attorney with McDonnell Boehnen Hulbert & Berghoff (not involved in the case), echoes, "If Apple's goal still is the Steve Jobs holy war, then the status quo is not in their benefit."

Even Apple's own attorney, Josh Krevitt, sounded frustrated in a hearing last week, remarking, "Samsung is always one step ahead, launching another product and another product."

Android doll
Google has been a mean machine, trashing foes in court. [Image Source: ZuperDZigh]

Increasingly, Apple is looking like Wile E. Coyote to Samsung's Roadrunner, constantly seeing its competitor escape its sluggish legal deathtraps.  That's a disturbing trend for a company whose late co-founder ordered it to spend every penny it had to "destroy" Android in "thermonuclear war."

Apple is increasingly looking like it may be doomed to follow in the line of Oracle Corp. (ORCL), who at one point hoped to squeeze $6B USD from Google on claims of Java infringement in Android.  At the end of the day, a pair of court victories in a jury trial absolved Google of most infringement claims, while finding it guilt of only a handful of infringements, which will likely lead to trivial workarounds and only a few million in damages -- not exactly a worthwhile outcome in such a massive legal crusade.  Apple has not commented on the Oracle case, but it surely has watched concerned as Google legally demolished its accuser's claims.

Sources: U.S. District Court, Northern District of California [PDF], Reuters

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Meanwhile Apple Copies Android...
By bitknower on 6/13/2012 2:17:27 PM , Rating: 5
Pull down notifications screen, voice dictation and now turn-by-turn directions...all things android had. I never hear of lawsuits against apple. C'mon apple, you make great stuff, but don't pretend like you're creating everything from scratch.

RE: Meanwhile Apple Copies Android...
By retrospooty on 6/13/2012 2:22:03 PM , Rating: 2
Dont forget the call/message notifications, Exchange Activesync support, they copied from Palm and Android and moving to a larger screen as well.

RE: Meanwhile Apple Copies Android...
By Samus on 6/14/2012 1:02:08 AM , Rating: 4
Apple actually licensed ActiveSync from Microsoft before everybody (but RIM) and to date has the most solid implementation of it. Everything else you guys have mentioned I agree with. Apple suing Samsung over S Voice 'copying' Siri is the biggest joke since suing over a minimalist design (which no Andoid phones have as far as I'm concerned.)

S Voice is licensed from Nuance and heavily modified by Samsung. Furthermore, voice-activated searching/dialing has been in Android (and many, MANY other smartphone OS's) long before iOS implemented it. I think Samsung is a little cocky calling it S Voice, but I find it kind of amusing at the same time...

RE: Meanwhile Apple Copies Android...
By retrospooty on 6/14/2012 7:59:06 AM , Rating: 2
??? I was using it on my Palm Treo at least 3 years before the iPhone came out. I had a Treo 650, but I know it was there on the Treo 600 as well. This is true only if they licensed it 4 years before the iPhone was ever announced.

By MZperX on 6/14/2012 11:58:17 AM , Rating: 2
Blackberrys also had voice commands and voice dialing well before the first iPhone appeared.

RE: Meanwhile Apple Copies Android...
By masteraleph on 6/14/2012 1:54:59 PM , Rating: 2
Apple and MS have had cross licensing for at least a decade. Active Sync was included in that portfolio.

RE: Meanwhile Apple Copies Android...
By retrospooty on 6/14/2012 4:18:56 PM , Rating: 1
Yet it wasn't available on the iPhone when released. Palm had it functioning in released product 3-4 years before Apple.

By crazyirish on 6/14/2012 7:37:20 PM , Rating: 2
Warms my heart to see Apple lose another. Stop with this stupid lawsuits and come up with some cool shit.

RE: Meanwhile Apple Copies Android...
By vXv on 6/13/2012 2:32:46 PM , Rating: 5
They don't care about what have been copied by whom but just about "how can we stop the competition to sell more iPhones / iPads".

They should just stop this nonsense and compete on the market. Which is how a free market works. Competition results into innovation and lower prices. But the current strategy is to not try to compete at all but just ban the competitors product. An that from a company that claims to be "innovative".

Maybe they should have spent the money on the development / production of there next iPhone so that they could beat Samsung being first and get some sales that way instead of paying lawyers?

RE: Meanwhile Apple Copies Android...
By probedb on 6/13/2012 2:53:45 PM , Rating: 1
Wow, I guess all those fanboys didn't like your post ;)

RE: Meanwhile Apple Copies Android...
By bitknower on 6/13/2012 2:57:05 PM , Rating: 2
Yea, it'd be nice if they'd at least state why my post deserves to be marked down!

By StevoLincolnite on 6/13/2012 4:02:36 PM , Rating: 2
Except... If they replied you would no longer me down-rated! :P
But, I know what you mean. :)

By Florinator on 6/13/2012 3:00:15 PM , Rating: 2
Don't forget the native integration with Facebook, a feature that they copied from the Windows Phone :-)

By dgingerich on 6/13/2012 3:12:22 PM , Rating: 2
yeah, and the copy and get invalid patents on all sorts of things.

RE: Meanwhile Apple Copies Android...
By nolisi on 6/13/2012 3:21:58 PM , Rating: 5
Let's contextualize here:

1) Apple did not create anything unique in the iPhone. At best, it was a new OS with design factors from a variety of already existing products on the market. iOS is the most unique part of the iPhone as cell phones, touch screens, mobile apps, and multitouch existed long before Apple got into the market.

2)Google contracts with HTC, a company with a very long history of creating mobile devices with touch screens (mostly Windows devices, but they also created devices with their own OS, ie, the sidekick) to build the T-Mobile G1 with T-Mo as a partner.

While pople like to point out the direction/feature changes that may have made Android more iOS-like, the T-Mobile G1 is an HTC/T-Mobile product, and had features that Apple actively refuses to integrate into iOS, and are hallmarks of HTC's history with phones (physical keyboard, direction pads, expandable SD storage, etc).

It bothers me that the dialogue has skewed on the subject of the OS rather than the whole product. HTC has created touch screen devices capable of much more than Apple is willing to design into iPhone.

But more than that, HTC even had an App store in its Sidekick- which is why you don't see any lawsuits against Android makers for Google Play. This is a big money maker and Apple claims innovation on the App store, yet not one lawsuit has come about regarding this- they're sticking to trivial UI elements rather than major development efforts.

Ultimately the picture comes out much different than "Adroid copied iOS." There is absolutely nothing wrong with Google redesigning their OS to allow HTC hardware to better compete in a market it already exists in. Apple just doesn't like the fact that all its competitors are allowed to use Android to compete.

RE: Meanwhile Apple Copies Android...
By Mint on 6/13/2012 6:37:04 PM , Rating: 2
Even though I agree with you, the iPhone was still revolutionary.

It put all those things together into a cohesive whole that nobody else had the foresight or cajones to pull off. It redefined the smartphone industry. Sure, their loyal and affluent clientele is an advantage that nobody else had, but they earned it with the iPod (which, again, did everything right). A lot of Apple products are overpriced, but from its introduction up to maybe some time in the past year, the iPhone has been the best overall smartphone on the market. I've never owned one, but I just can't hate on it.

Having said that, there's nothing worth a patent there, and more to the point, none of the iPhone's innovations would be stymied even if there was no patent system at all. Apple made $100's of billions off the iPhone simply by being first, staying ahead, and doing everything well. That's all the reward from society that they deserve, not a 20 year monopoly where nobody else is allowed to make a competing product. Android's arrival is exactly how the market should work.

By AlterEcho on 6/14/2012 3:52:52 PM , Rating: 2
Apple's problem has always been follow through. Some great concepts but horrible at releasing a camera phone without auto-focus...and then adding auto-focus and heralding the addition...when other manufacturers included this, right off the bat.
Unless Apple has a fantastic redesign (not likely, given their history), I believe Samsung's Galaxy will seriously hurt Apple's iPhone sales. I also believe Apple has realized this and is scrambling.
I would love to see, a new fantastic, iPhone. But, after their last two updates of the iPhone and iPad...I believe their time has come and gone.

Not Wile E. Coyote...
By retrospooty on 6/13/2012 2:19:37 PM , Rating: 2
Apple is far more like Yosemite Sam with this... ;)

I hate that android!!! but regardless of the intesity of hate, they cant stop it, or even slow it down.

RE: Not Wile E. Coyote...
By leviathan05 on 6/13/2012 3:33:05 PM , Rating: 5
Or Elmer Fudd

Shhh, be vewy, vewy quiet, I'm hunting Andwoids

RE: Not Wile E. Coyote...
By topkill on 6/13/2012 4:03:42 PM , Rating: 2
ROFLMAO!!! Good one.

RE: Not Wile E. Coyote...
By retrospooty on 6/13/2012 4:16:31 PM , Rating: 5
I'm wiwing to go thumonewcweeuh on andwoid.... huhuhuhuhu

RE: Not Wile E. Coyote...
By Obujuwami on 6/13/2012 5:57:32 PM , Rating: 3
Awesome! Well deserving of a 6!

What a Shock
By Reclaimer77 on 6/13/2012 2:33:12 PM , Rating: 2
They're trying to block a device that tens of millions of consumers are eagerly awaiting. In a war against an OS that tens of millions are currently using today. This wouldn't be a mere "victory", but an unprecedented occurrence. They really think that's going to happen?

RE: What a Shock
By Tanclearas on 6/13/2012 3:46:05 PM , Rating: 3
Apple is that arrogant, yes.

RE: What a Shock
By topkill on 6/13/2012 4:07:17 PM , Rating: 2
And when you consider how bad Jobs and company were about "borrowing ideas" in their early days and launching their company it is truly ironic.

Yes Reclaimer, Apple is that blind and arrogant. Wild huh?

Well obviously
By geddarkstorm on 6/13/2012 2:11:36 PM , Rating: 3
The solution is to buy more Acme Lawsuits (TM). I heard the newest version comes with 50% more lawyers strapped to patent powered rockets.

RE: Well obviously
By topkill on 6/13/2012 3:12:18 PM , Rating: 2
They need to go to the ACME law offices located in Walla Walla, Washington

They recognized Apple's foul stench
By ProZach on 6/13/2012 2:38:30 PM , Rating: 5
"The more you tighten your grip, the more electronic devices will slip through your fingers."

Damn you Android!
By MrTeal on 6/13/2012 5:18:58 PM , Rating: 5
Even Apple's own attorney, Josh Krevitt, sounded frustrated in a hearing last week, remarking, "Samsung is always one step ahead, launching another product and another product."

Why must you constantly bring out new products people are interested buying? This constant blatant stealing of features we invented six months from now and will patent next year is completely unacceptable.

No Comments
By blackowackom on 6/14/2012 2:37:12 AM , Rating: 2

Someone who says everyone is stealing from apple

RE: No Comments
By Silver2k7 on 6/17/2012 6:08:52 AM , Rating: 2
Its like everything if an idea is great it will get copied in one form or another..

the only thing is that apple is/was so blatant about doing the copying/borrowing themselfs.. then suing the competition for doing exactly the same thing is just silly... especially when it's about things that apple blatantly copied in the first place :P

Apple should just be banned from making lawsuits for the next 3 years or something.. maybe then they could try this innovation ;-)

Apple and lawsuits
By Florinator on 6/13/2012 3:03:13 PM , Rating: 3
Doesn't Apple have a history of stupid lawsuits trying to stop other using "their" supposed ideas?

Didn't Apple sue Microsoft and HP in 1994 because they were using the Recycle Bin icon in Windows? And the fact was that Apple has stolen the Recycle Bin icon from Xerox, but oh well, who cares about the facts, right? ;-)

By fteoath64 on 6/14/2012 2:26:06 AM , Rating: 3
"Even Apple's own attorney, Josh Krevitt, sounded frustrated in a hearing last week, remarking, "Samsung is always one step ahead, launching another product and another product.""

This is innovation from your competitors Apple!. You should try doing it more rather than trying to stop your competitors from selling their stuff. Claiming its a copy just does not cut it in legal terms and your lawyers know it!.

Once agin...
By masamasa on 6/15/2012 12:28:30 AM , Rating: 3
Fuck off Apple

And Yet Apple Opposes Bans??
By RicheemxX on 6/13/2012 3:09:51 PM , Rating: 2
All this bickering over banning the import of Samsung and HTC devices and yet Apple has come forth and said they disagree with banning imports of the Xbox because it "would hurt the tech industry". I guess for Apple its do as I say not as I do here.

Pity Party!
By Motoman on 6/13/12, Rating: 0
RE: Pity Party!
By lagomorpha on 6/13/2012 8:16:06 PM , Rating: 2
Vae victis!

Woe to the vanquished!

"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain

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