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But Apple admits Samsung deserves some time to roll out workarounds, and admits that workarounds won't be hard

Apple, Inc. (AAPL) -- the world's second largest smartphone maker -- was in court late last week demanding a ban on some of its competitors older products, after a jury found the world's largest smartphone maker -- Samsung Electronics Comp., Ltd. (KRX:005930) (KRX:005935) -- guilty of infringing on three Apple patents.  Apple claimed the ban shouldn't prevent its Samsung from competing in the market.
 
I. The Ban List
 
While the request bans are largely on two-year-old devices that are already in the process of being phased out of U.S. carriers' catalogs, there was some interesting language in Apple's request that some fear could give Apple a blank check to ban current Samsung devices as well; before it even takes its rival to court.

14-05-24 Public Version of Apple Motion for Permanent Injunction Against Samsung by Florian Mueller



The filing for a permanent injunction (a permanent ban on imports and sales) explicitly named nine Samsung smartphones:
  • Smartphones
    • Variants of the Original Galaxy S (June 2010)
      • Stratosphere
        • Carriers (U.S.): Verizon Communications Inc.'s (VZ) Verizon Wireless
    • Variants of the Galaxy S II
      • (Unspecified Base Model)

        Galaxy S II
         
      • Epic 4G Touch
        • Carriers (U.S.): Sprint Corp. (S)
      • Skyrocket
        • Carriers (U.S.): AT&T, Inc. (T)
    • Variants of the Galaxy S III (May 2011)
      • (Unspecified Base Model)


         
    • Other
      • Admire
        • Key Specs: 480x320 pixel display; 3G
        • Release: Aug. 2011
        • Carriers (U.S.): MetroPCS
      • Galaxy Nexus
        • Key Specs: 720p display; LTE
        • Release: Nov. 2011
        • The third gen. Nexus smartphone
        • Carriers (U.S.): Sprint, Google Inc. (GOOG) Play Store (discontinued)
           
  • Phablets
The biggest blow to Samsung would probably be the Galaxy Note II ban as those devices are still volume sellers.  Many of the devices in question such as the Stratosphere and Galaxy Nexus have been more or less discontinued in the U.S., but a ban could prevent the resale of existing devices, on an official basis, at least.
 
II. A Blank Check to Ban Future Infringing Devices?  Sort of.
 
The more interesting part of Apple's filing is this bit:

[Apple requests that the order refer to] software or code capable of implementing any Infringing Feature, and/or any feature not more than colorably different therefrom.

That bit -- which appears to be redacted in the published court filing, but was reported by FOSS Patents' Florian Mueller -- could allow Apple to ban current and future devices like the Galaxy S4 and S5, via rapid court motions, without the need for a trial that could draw out for years.  Of course it only would apply to the three features in the case -- autocorrect, the link-generating algorithm, and the slide-to-unlock code.
 
Apple says it takes "huge risks" and commits to "significant investment" to come up with inventions like Slide to Unlock which amounts to an animated deadbolt across the screen.  It should be noted, however, that Apple actually has one of the smallest research and development budgets of any smartphone maker.

Slide to unlock

Apple was also found to be "stealing" the technology used to power FaceTime from Samsung, but the jury ruled that those infringements were accidental, while Samsung's were willful.  The ruling that the infringement was accidental shrinks Samsung's damages and could make it a little harder to seek permanent injunctions on Apple's older devices. However, it could maneuver as Apple did to ask the court for a blank check permission to file motions to quickly ban newer Apple devices as well.  As nearly all Apple devices use the feature (FaceTime is based on a patent Samsung bought in 2011 from Hitachi Ltd.  (TYO:6501)), virtually every Apple mobile device would be at risk.
 
III. Apple Admits Key Feature in Case Would Take a Single Engineer Only a Day to Implement
 
The pair is reportedly in settlement talks.  Google and Apple recently settled their long-standing set of lawsuits and countersuits.  That settlement only involved direct disputes between Apple and Google, not disputes between Apple and other Android OEMs such as Samsung.
 
Still, signs that Apple may be growing weary of its legal campaign can be found in the court filing.  For example, Apple's lawyers have offered Samsung a "sunset period" to implement workarounds to the features in question, in order to avoid sales bans.
 
It says Samsung has a keyboard that does not infringe on the autocorrect patent.  The reason why that keyboard doesn't infringe is because it was first included with the Galaxy Dart, which was commercially released before Apple was granted its patent on the feature.
 

Fuzzy Android

Likewise it makes the interesting move of quoting Samsung's expert witness who said that a workaround to data link patent to implement nearly identical features "shouldn’t take more than a day for an engineer".  Quoting that seems a questionable move, as it brings into question Apple's valuation.
 
Should Apple be awarded tens of millions in damages for a simple software algorithm that would a skilled engineer under a day to make?
 
Many would say no, but the jury has already said yes.  Nonetheless, Apple's decision to quote that comment could be used against it in future filings.

Source: Scribd [Apple via Foss Patents]



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Apple stole "swipe to unlock"
By overlandpark on 5/26/2014 1:53:41 PM , Rating: 5
Neonode Patented Swipe-to-Unlock 3 Years Before Apple.

http://www.dailytech.com/Analysis+Neonode+Patented...




RE: Apple stole "swipe to unlock"
By Motoman on 5/26/2014 1:55:49 PM , Rating: 5
Everything Apple has ever done was done by someone else first.

Not news. Also, not important to Apple or their Macolytes.


RE: Apple stole "swipe to unlock"
By JasonMick (blog) on 5/26/2014 2:18:22 PM , Rating: 5
quote:
"Picasso had a saying, 'Good artists copy great artists steal.'

And we have ALWAYS... I have been SHAMELESS about stealing great ideas."

Steve Jobs (capped emphasis his)
https://www.youtube.com/watch?v=LM0A9urb8xM

Hmm great ideas like:
PARC GUI
Pinch-to-Zoom
Slide-to-Unlock
Menu frame transparency
Hashtags
Tabs
Cloud apps
Notification center
Live wallpaper
Remote desktop
Minimizing windows
Back/forward navigation buttons
Control panel
OS backup/restoration
Alt+Tab
The smart address bar
Over-the-air updates
Lock screen app launch

...err did I miss anything??

http://www.pcworld.idg.com.au/slideshow/338585/top...
http://www.fastcodesign.com/1672799/5-ideas-apple-...
http://www.businessinsider.com/how-ios-5-copied-an...

...oh right -- FaceTime! (Samsung/Hitachi)

That said, I can't blame Apple from exploiting the broken system as best it can. That's every corporation's duty to its shareholders. I think Apple sees the writing on the wall with its iPad market share starting a downward slide. Might as well go down swinging.


RE: Apple stole "swipe to unlock"
By tonyswash on 5/26/14, Rating: -1
RE: Apple stole "swipe to unlock"
By sprockkets on 5/26/2014 10:18:44 PM , Rating: 4
Did it every occur to you that after saying that they were shameless about stealing ideas, that he then went on to a different additional point?

No, of course not, because all appletards rationalize this statement in their own view, of which only became popular not even 5 years ago.

But if you want to use that rationalization, then you must also come to grips with Michael Dell not being serious either when telling people that Apple should have been shut down and given back to the shareholders.

"Huge congratulations to Apple on all their success but my comment was widely repeated was taken massively out of context. Anyone who was there in person and heard the entire conversation in context would know that. As the founder and CEO of Dell I do not think about what I would do if I were running another company, do not offer advice for other companies and did not think about it a decade and a half ago.?..
My point was I had no desire to answer the question. My answer was a non-answer. If you were there and heard my first two answers to the question....I said, I'm not going to answer that, give me a different question. The point I was trying to make with my answer.. there was no point. I did not want to answer the question because I am the CEO and founder of Dell and don't think about running other companies. The whole thing is pretty silly... This should not take anything away from Apple's great success. Again, Congratulations to them.?"


https://plus.google.com/113901041381644461053/post...


RE: Apple stole "swipe to unlock"
By Wazza1234 on 5/27/14, Rating: -1
By Cheesew1z69 on 5/27/2014 8:40:06 AM , Rating: 2
quote:
it makes you blind to reality
Oh the irony.


RE: Apple stole "swipe to unlock"
By sprockkets on 5/27/2014 11:34:03 AM , Rating: 4
quote:
Did it ever occur to you that the CEO of a company would clearly not want to claim that they steal everything?


Do you know what the word "shameless" means?

quote:
You're choosing a bizarre interpretation of a sentence taken out of context rather than what he actually meant because you're a deluded Apple hater. You'e the one rationalizing here. You have issues with a company, it's pathetic, and it makes you blind to reality.


No, I'm choosing to literally take his words at face value, not choosing to read between the lines to find some bullsht explanation that someone came up with a few years ago to counteract what some deluded CEO said.

You are pathetic, thinking that apple has done nothing wrong, and that I have no rational reason for not buying apple products, like

falsifying pictures at the german samsung tablet trial

to price fixing and collusion with ebook publishers,

to banning apps on a whim like google voice,

to denying anyone control over the devices they bought,

oh I could go on and on.

So, in summary, GFY!


By Cheesew1z69 on 5/27/2014 11:45:15 AM , Rating: 1
quote:
Do you know what the word "shameless" means?
Of course not, he shamelessly defends Apple for fuck sakes.


RE: Apple stole "swipe to unlock"
By tonyswash on 5/27/14, Rating: -1
RE: Apple stole "swipe to unlock"
By sprockkets on 5/27/2014 11:28:18 AM , Rating: 1
quote:
Even if a story is true, or you believe it to be true, no journalist should ever deliberately misquote someone in order to support it. It's just very poor practice and not ethical.


That's hilarious. It isn't something taken out of context since we have the actual fcking video of him saying it, complete with facial expressions of his shamelessness!


By retrospooty on 5/27/2014 12:09:25 PM , Rating: 4
Come on now sprockkets... You cant expect Tony or TesterWazz to read that quote and/or see that video and get the same context as normal humans. They are on the imaginary Apple reality distortion defense field big time. This skews everything they read when Apple is involved. Well, that goes for Tony, TesterWazz is just a negative asshat.


RE: Apple stole "swipe to unlock"
By Gio6518 on 5/26/2014 3:27:56 PM , Rating: 5
Yeah but Apple can do whatever they want in the US, steal other people's ideas etc... Because if it doesn't go their way Obama will scream out executive decision so it goes Apple's way... Maybe Samsung should of made political contributions to Koh and Obama so that way they'd stop ruling against them


My favorite part of their motion
By sprockkets on 5/26/2014 2:11:03 PM , Rating: 2
This one isn't listed here, but it is here:

http://www.scribd.com/doc/225900919/Apple-JMOL-for...

Where it says, laughably:

"NO REASONABLE JURY COULD CONCLUDE THAT SAMSUNG DID NOT INFRINGE CLAIM 20 OF THE ’414 PATENT"

(repeats for all the other patents that were deemed non infringing)

Oh, apple demanded a jury trial and now since it didn't get it way horribly, wants to subvert it.

They also of course want to raise the penalties, add treble damages due to "willful" infringement, and of course, enact sales bans.

Even FOSSpatents says it won't happen.




RE: My favorite part of their motion
By Cheesew1z69 on 5/26/2014 4:49:58 PM , Rating: 2
That Apple thinks they are entitled to anything reeks of narcissism.


RE: My favorite part of their motion
By BZDTemp on 5/27/2014 3:23:24 AM , Rating: 2
That company really is rotten to the core.

I hope the iSheep wake up soon and realized what they backing with their money.


RE: My favorite part of their motion
By Cheesew1z69 on 5/27/2014 8:42:46 AM , Rating: 2
quote:
I hope the iSheep wake up soon and realized what they backing with their money.
Unfortunately, they will defend them to their death.


RE: My favorite part of their motion
By Reclaimer77 on 5/27/2014 8:55:08 AM , Rating: 1
The true zealots, yes. However I have sensed a general shift in how the "normal person" perceives Apple's recent behavior. Not the crazies, but just regular people who may buy Apple devices for whatever reason.

There's been a definite shift in how Apple is being viewed.

This sums it up nicely :P

http://tinyurl.com/2bdjwch


By Cheesew1z69 on 5/27/2014 9:01:54 AM , Rating: 2
Def, I am starting to see more posts on forums from people who use Apple stating they are looking to move away from them for various reasons. It's def shifting.


RE: My favorite part of their motion
By tonyswash on 5/27/2014 9:58:41 AM , Rating: 2
quote:
There's been a definite shift in how Apple is being viewed.


http://www.youtube.com/watch?v=HmVSoJ1F0eQ

Meanwhile in the real world

http://www.geeky-gadgets.com/apple-tv-sales-pass-2...


RE: My favorite part of their motion
By Reclaimer77 on 5/27/2014 10:28:58 AM , Rating: 3
Oh look out Roku, Apple TV just broke the 20 million mark.

Interesting you bring up Apple TV, which Apple sells at a loss. Since when is Apple known for selling ANYTHING at a loss, Tony? And this is what you highlight as an example?

When Apple starts selling products at a loss or "breaking even", you KNOW something isn't right with it.


RE: My favorite part of their motion
By Fleeb on 5/27/2014 12:59:35 PM , Rating: 2
quote:
Since when is Apple known for selling ANYTHING at a loss, Tony?


I remember Tony always saying and is always proud about Apple not after the market share or sales figure but profit margins. I bet he will ignore your reply pointing that out - that or he cannot see it because of the distortion field.


RE: My favorite part of their motion
By tonyswash on 5/27/2014 1:37:19 PM , Rating: 1
quote:
Oh look out Roku, Apple TV just broke the 20 million mark.

Interesting you bring up Apple TV, which Apple sells at a loss. Since when is Apple known for selling ANYTHING at a loss, Tony? And this is what you highlight as an example?

When Apple starts selling products at a loss or "breaking even", you KNOW something isn't right with it.


Who says they sell Apple TV at a loss?

The real take away figure in the link is of course the 17% year on year growth in iPhones sales, a figure that does not fit with the dreary, self delusional (but no doubt deeply reassuring for some) ‘Apple is losing it’ meme.

How long is it now that has Apple been losing it for ? I've lost track.


By Reclaimer77 on 5/27/2014 1:40:53 PM , Rating: 3
I said there was a perceptible shift in Apple's public image. Where did I say Apple was "losing it" and doomed?

Just more passive aggressive crap from you, any time Apple is discussed. Come on Tony, change the record.


By BZDTemp on 5/27/2014 6:20:41 PM , Rating: 2
The drawing is spot on :-)

I have noticed the shift as well. It started with the tech guys I work and hang out with, but it is slowly spreading to "normal" people as well. Unfortunately I think for many it's not that they has caught on to Apples tactics, but merely that they either find paying so much for a phone again and again isn't worth and/or that now that everyone and their mother has an iSomething it's time to move on.


I bought the Galaxy Nexus...
By quiksilvr on 5/26/2014 1:44:27 PM , Rating: 1
...primarily because Apple was intending to ban it.




RE: I bought the Galaxy Nexus...
By Nortel on 5/26/2014 1:48:44 PM , Rating: 2
Regardless of how you feel about Apple or Android, that is a horrible reason for buying anything.


RE: I bought the Galaxy Nexus...
By Reclaimer77 on 5/26/14, Rating: -1
RE: I bought the Galaxy Nexus...
By peterrushkin on 5/26/2014 11:54:48 PM , Rating: 1
He's actually right you idiot. Buying something for that reason alone is ridiculous... but not to your pea brain!


RE: I bought the Galaxy Nexus...
By av911 on 5/26/2014 3:47:10 PM , Rating: 3
Me too. Switched from the 4S to the GNex. Never looked backed. F*ck Apple!


RE: I bought the Galaxy Nexus...
By xti on 5/26/2014 7:13:42 PM , Rating: 2
I haven't had an apple phone since the GS3 came out...and I still enjoy how much they piss everyone here off.

I have zero intentions going back to any iOS phone, its just hilarious to me.


Patents
By KFZ on 5/26/2014 3:28:02 PM , Rating: 3
If automakers fought this same IP war with each other, we'd have ten different designs to stop a car, one maker would be licensing turn signals to everyone else and Ford would still have a lever steering column because of a sales ban on passenger vehicles with a "circular steering device that directs the front wheels left or right."




RE: Patents
By Solandri on 5/26/2014 4:04:15 PM , Rating: 4
Funny you should compare to automakers. They had it even worse than we currently do.

http://en.wikipedia.org/wiki/Association_of_Licens...

Basically a patent lawyer who saw the way the auto industry was developing applied for and got a patent - on the automobile. He and an affiliated company collected tolls on what was a pretty obvious idea. Engine, cart. Engine + cart = automobile.

Ford won in the end because the court finally made a sane ruling. A patent does not give you ownership of an idea, it gives you ownership of an implementation of an idea. Ford (and everyone else who made cars at the time) used a different engine than the one specified in the Selden patent, and thus was found not to be violating it.

The Selden patent held back automobile development for over a decade. They saw the automobile as a rich man's toy, and refused to grant a license to Ford because he wanted to build a car which the regular person could buy.


This is madness
By HardwareDufus on 5/26/2014 5:09:49 PM , Rating: 2
Honestly,
It was only a few days ago that we all read that Samsung and Apple were more or less burying the hatchet.

And now this?

(Nokia 920 w/ Phone 8.1 DevPrev)




RE: This is madness
By inperfectdarkness on 5/27/2014 2:33:50 AM , Rating: 2
Yep. So much for "kiss and make up". I'm reminded of Spy Vs. Spy; shaking hands with the right and holding a dagger behind the back with the left.

I wish Crapple would go away already.


Juries
By SDBud on 5/27/2014 12:48:59 AM , Rating: 3

Juries in criminal cases often come to ridiculous verdicts. In civil cases, it's even worse, ESPECIALLY in patent cases. We NEED to reboot the patent process, and REALLY reboot the conflict resolution system for patents, and take it OUT of the Courts hands.




By retrospooty on 5/27/2014 12:29:40 PM , Rating: 3
Just 8 days ago we were hoping they would settle and go down the path Cook was saying to innovate not litigate. http://www.dailytech.com/Apple+Samsung+Once+Again+...

A week later - BOOM , back to the ridiculous hypocritical lawsuits. Ugh, it's just getting old.




Apple the patent troll
By w8gaming on 5/26/2014 7:53:54 PM , Rating: 2
Why does Apple still claim others device infringe slide to unlock while other device is more like "move any direction to unlock" nowadays. And why is the court still waste time and money listening to their rubbish?




Wow. Much Generous.
By chµck on 5/27/2014 4:33:34 AM , Rating: 2
quote:
Apple admits Samsung deserves some time to roll out workarounds, and admits that workarounds won't be hard

https://i.imgur.com/zYlBlsC.jpg




This is APPLE being defeated!
By onerec111 on 5/27/2014 7:51:39 AM , Rating: 2
Come on APPLE, just admit you are being defeated! Just give us something new and innovative technologies! not law suits!!! You are getting boring!!!




Childish
By 2bdetermine on 5/27/2014 10:31:51 AM , Rating: 2
How about helping their customers "seeks ban on hackers" been hacked via "Find My iPhone" feature and holding their iOS devices for ransom.




apple and the US fail government
By blaznazn22 on 5/27/2014 3:18:26 PM , Rating: 2
I say if the US courts even gives apple the benefit of even listening to their shoddy claim, then Samsung should just say eff USA and sell elsewhere. Nowhere else in the world will apple even get a court to agree with them except the shameless USA




Bring me a Knife
By Reclaimer77 on 5/26/14, Rating: -1
RE: Bring me a Knife
By retrospooty on 5/27/2014 12:32:45 PM , Rating: 3
"Just last week they were talking about ending the war with Samsung and negotiating. And now this? Was that just a psyche-out move or something."

I know, and you were saying you didn't believe it and I was saying give Cook a chance to do what he said and not progress by litigation... Well, you were right again. There can no longer be any doubt. He is as full of it as the last guy. What is wrong with that company and it's sense of entitlement over the entire tech industry? It has gone beyond ridiculous.


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