backtop


Print 24 comment(s) - last by nofear4COMment.. on Jul 9 at 11:50 AM


  (Source: Daryl Cagle)
Apple goes 1-for-2 in its legal campaign against Android

Apple, Inc. (AAPL) is more than a little concerned about Google Inc.'s (GOOG) impressive ensemble of OEM partners who together have greatly outpaced it in market share.  Apple attorney Josh Krevitt bemoaned his company's lot, remarking, "Samsung is always one step ahead, launching another product and another product."

Apple isn't launching product as fast as it used to.  Since the departure of founder and visionary Steven P. Jobs, it saw its iPhone 4S launch slip to October 2011.  Now hopes that Apple would "catch up" with a July launch are all but lost.  To make matters worse, Apple's homely iOS 6 was left "playing RIM" to a the slick, stylish Android 4.1 Jelly Bean, unveiled at last week's Google I/O developers event.  Word has it that Jelly Bean's built in search even beats Siri in accuracy -- and Google supports many features absent in iOS, such as offline dictation.

I. Tablet Ban Sticks

Increasingly unable to compete with those pesky "one step ahead" Android phonemakers, Apple has turned to an all out quest to kill its competitors in court.  That quest has yielded some major failures -- such as its recently dismissed case against Motorola Mobility, a Google subsidiary.

It has also yielded some major triumphs, including a temporary import ban HTC Corp. (TPE:2498) handsets, as well as recent bans on Samsung Electronics Comp., Ltd.'s (KSC:005930) Galaxy Tab 10.1 tablet and Galaxy Nexus smartphone.

The latter ban on the Samsung tablet stuck today after Judge Lucy Koh in U.S. District Court for the Northern District of California (San Jose/San Francisco) dismissed Samsung's request for a stay on the grounds that the ban would reduce competition in the consumer market.

Judge Koh's decision, which was based on her opinion that Samsung infringed on Apple's 2004 claim to the "invention" of a rectangular computing slab -- U.S. Design Patent D504,889 -- will likely be now appealed to a circuit court of appeals.

Samsung Galaxy Tab 10.1
The Samsung Galaxy Tab 10.1 == banned [Images Source: 9to5Google]

In a statement to Reuters Samsung writes, "Samsung is disappointed with the court's decision that denied our motion to stay. We believe today's ruling will ultimately reduce the availability of superior technological features to consumers in the United States."

The victory is more of a moral win for Apple, rather than a fiscal one, given the Galaxy Tab 10.1's disappointing sales.  Comments Lee Sun-tae, an analyst at NH Investment & Securities, "The impact on Samsung is limited as shipment volume of Galaxy Tab 10.1 and Nexus are quite small.  Even if Apple wins an injunction request on Galaxy S III, Samsung will have plenty of time to get around it, as it normally takes quite a long time for a court to process such requests."

The more critical appeal will be the appeal of the Galaxy Nexus ban, given that the Nexus LTE is one of Samsung's top sellers in the U.S.

II. HTC Outwits Apple in Third ITC Complaint

The old adage "you win some, you lose some" could be applied to Apple's litigious efforts, though.  In a second lawsuit, the company suffered a defeat when the U.S. International Trade Commission refused to enact a second "emergency" ban on the HTC flagship models -- including the One X and HTC EVO 4G LTE.  Those models were recently released from a U.S. Customs and Border Patrol seizure after Google updated Android to work around Apple's U.S. Patent No. 5,946,647, which claims the invention of "data tapping" -- converting phone numbers and other items to hyperlinks that bring up menus.


Data tapping in action [Image Source: imgur]

After the ban was lifted, Apple immediately filed a third ITC complaint, but this time claiming the Google work around was still in infringement of its broad interpretation of the data tapping patent's scope.

But Apple's pleas fell on deaf ears, with the U.S. ITC writing [source], "The commission finds that Apple has not demonstrated the propriety of temporary emergency action here.  The commission will not direct Customs to detain all subject HTC products because the commission does not have the information necessary to determine whether the respondents are currently violating the commission’s limited exclusion order."
 

HTC One X

Thus Asia's second largest phonemaker is free continue sales, although the U.S. ITC promised to investigate Apple's fresh complaint with due diligence.

Left yet again playing Wile E Coyote to HTC's roadrunner, Apple is surely more than a little frustrated.  After all, by the time the ITC decides on whether the workaround is sufficient, HTC will likely have moved along to new devices and new software.

Thus Apple, who looks suprisingly sluggish of late, is left struggling to hit a moving target.  As it lawyer says, the Androids are always "one step ahead

Sources: Reuters, Bloomberg



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

Maybe there's a lawsuit for that
By bug77 on 7/3/2012 8:04:38 PM , Rating: 5
If competition stays one step ahead, maybe App_le can sue because they were copied before they had a chance to implement this and that.

Seriously now, how do these lawsuits work? App_le goes on saying they invented tapping a number (yeah, right) and then complains that the public is buying HTC/Sams_ung because they also have number tapping? Or some funky animation at the end of a scrolling list? Who even looks at these when making a buying decision?

(Stupid spam filter...)




By wiz220 on 7/4/2012 2:15:15 PM , Rating: 5
quote:
If competition stays one step ahead, maybe App_le can sue because they were copied before they had a chance to implement this and that.


Just you wait. As soon as the Apple TV is released they will get right to suing all of those other TV manufacturers who have been infringing on their rectangular-vertically-standing-LCD-box patents for the last couple decades.


Rot in Hell Apple
By topkill on 7/3/2012 11:14:20 PM , Rating: 4
In whatever corner of Hell Steve Jobs now resides, the rest of the Apple bully-boys who are driving this will one day join him. And they can all rot together.

Compete or get the hell out of the way.




RE: Rot in Hell Apple
By impinchi on 7/4/2012 3:15:20 AM , Rating: 5
Thank you actually. I'm sick of all these Patent wars!! I want free and fair competition. Do stalls sue eachother for using the same paper/plastic bag as the next shopping store? THATS how pathetic all this has gotten


this isn't a defense?
By MadMan007 on 7/3/2012 7:32:21 PM , Rating: 5
Isn't there a 'bullsh*t patent' defense?




RE: this isn't a defense?
By sprockkets on 7/3/2012 11:34:41 PM , Rating: 3
I wish. Take a look at the summary of bullsh*t that Apple and MS succeeded in wining: A realtime API processing system, text messages being combined, data tapping as gone over here, slide to unlock, slide to unlock #2, and so on.

http://www.fosspatents.com/2012/07/android-devices...

Now I don't like FOSS for analysis but I do like this tidbit:

"Even though Apple had a clear case of an infringement of a valid software patent, Judge Koh held that "Apple has failed to meet its burden to establish that money damages will not be sufficient to compensate Apple for the Samsung products that likely infringe the '381 patent". For example, Apple has not "shown that consumers' purchasing decisions are based on the existence of a snap back feature protected by the '381 patent."


So let me check.
By BZDTemp on 7/4/2012 4:37:56 AM , Rating: 1
Yes, the Apple people are still bullying rather than innovating.

Phones have been doing the "data grab" thing for years even before they became "smart phones". And as for that patent on the shape of an iPad that is even worse and should certainly never have been granted - if not on prior art then due to common sense.

The patent system is broken and Apple is taking advantage :-(




RE: So let me check.
By poi2 on 7/4/2012 10:33:37 AM , Rating: 2
What are u talking about ?!
Apple is the La'famouse Innovator of "Bully-doggy style patent
they also the Innovators of richie-rich Lawyer-doggy style


Pointing out the bias...
By testerguy on 7/4/2012 2:24:26 AM , Rating: 1
quote:
Apple, Inc. (AAPL) is more than a little concerned about Google Inc.'s (GOOG) impressive ensemble of OEM partners


Based on what? Nothing. Protecting your patents is not the same thing as being 'concerned'. 'Impressive'... to who?

quote:
who together have greatly outpaced it in market share.


who have individually all massively lost out to Apple in market share apart from 1, by offering inferior, cheaper devices at a discount as that's the only way they can differentiate themselves from other Android handsets, with Apple taking the majority of profit for the whole industry.

quote:
Apple attorney Josh Krevitt bemoaned his company's lot, remarking, "Samsung is always one step ahead, launching another product and another product."


The Apple lawyer was referring to Samsung vs the court, and clarifying that the court is so slow that by the time they react, Samsung has already released the next product. It does not relate to Apple vs Samsung as you imply it. Ridiculous drivel.

quote:
Apple isn't launching product as fast as it used to. Since the departure of founder and visionary Steven P. Jobs, it saw its iPhone 4S launch slip to October 2011.


Only one product got delayed, the iPhone 4S you mention. Hardly indicative of slowing down. Also, Steve Jobs died in October 2011, so the phone was already delayed. To imply causation and therefore imply future correlation is a joke, more biased drivel.

quote:
Now hopes that Apple would "catch up" with a July launch are all but lost


New hopes from who? You? Apple never claimed they wanted to release in July, and release schedules are not something that necessarily improve the more often you do them. People generally like annual release cycles so it makes sense for them to have another October release. Since their iPhone 4S phone has only been surpassed performance wise very recently by the non-US SG3 (not the US version), they dominated the performance side of the smartphone market for 7 months. How exactly do they need to 'catch up'? Do you think the SG3 will see such a long period of being the top dog? Doubt it. Should I write an article on how hopes that Samsung would 'catch up' are all but lost?

quote:
Increasingly unable to compete with those pesky "one step ahead" Android phonemakers


Yeah, unable to compete by generating more profits than the rest of the manufacturers combined, and dominating performance charts this year. 'One step ahead' taken out of context once again, as explained above.

quote:
Apple has turned to an all out quest to kill its competitors in court


Just pure nonsense. Forcing competitors to innovate using the threat of banning infringing products is nothing to do with killing competition. If anything, it's forcing the competition to actually compete and innovate.

quote:
That quest has yielded some major failures -- such as its recently dismissed case against Motorola Mobility, a Google subsidiary.


Actually, since Motorola instigated that case and apple simply counter sued, BOTH companies cases being thrown out was a success for Apple, and the following FRAND investigation will likely mean this is even more so.

quote:
2004 claim to the "invention" of a rectangular computing slab


Have you even read the patent, or seen the legal case? I don't think this could be any more of a gross exaggeration if you tried. How can you even print such nonsense, seriously? To try and imply that the patent refers purely to a rectangle is just idiocy, just look at the rest of the tablet manufacturers who managed to innovate within the 'rectangular' confines, or how Samsung managed to innovate enough with it's second tab to avoid the ban, despite still being rectangular. When you have to make such ridiculous claims throughout your posts to try and have a point, you don't have a point.

quote:
Left yet again playing Wile E Coyote to HTC's roadrunner, Apple is surely more than a little frustrated. After all, by the time the ITC decides on whether the workaround is sufficient, HTC will likely have moved along to new devices and new software. Thus Apple, who looks suprisingly sluggish of late, is left struggling to hit a moving target. As it lawyer says, the Androids are always "one step ahead


Agsin, the 'Wile E Coyote' refers to the legal system, not Apple.

'Sluggish of late' is based on already corrected nonsense above, dominated market sales, dominating performance in mobile phones for over half a year, annual release cycle still in tact, and Samsung being one step ahead means vs the courts.... In other words, it's complete nonsense.




RE: Pointing out the bias...
By themaster08 on 7/4/12, Rating: 0
RE: Pointing out the bias...
By W00dmann on 7/4/12, Rating: 0
RE: Pointing out the bias...
By xti on 7/5/2012 10:14:20 AM , Rating: 1
Don't confuse Google/android's great success with Jason's butthurtness towards Apple.

Mick went to elementary school with Jobs and Jobs took his lunch money everyday and gave him a swirly. TWICE.


Apple, being stupid
By Belard on 7/4/2012 5:42:31 AM , Rating: 2
Face it Apple... SOME people DO NOT WANT TO BUY an iPhone or iPad or Macintosh.

Spend more of your energy developing your own product. NOBODY, N-O-B-O-D-Y is confusing Samsung or HTC with any iPhone or iPad device.

If someone makes a phone that looks like, go get them.




Dated
By B3an on 7/4/2012 3:15:48 PM , Rating: 2
Off topic but does anyone else think that iOS looks extremely dated these days?? It's almost laughable, but then it's looks haven't changed for 5 years or something...

Compare the animated gif in the article to Android 4.0+ and especially WP7/8 and it just looks extremely old and obsolete. It's like looking at Symbian OS.

Shiny buttons, gradients and rounded corners and just not in these days.

And same thing when comparing OSX to Win 8.




One step ahead
By Tony Swash on 7/3/12, Rating: -1
RE: One step ahead
By MadMan007 on 7/3/2012 8:45:06 PM , Rating: 5
Apple is ahead in zealous users as well.


RE: One step ahead
By Jereb on 7/3/2012 10:37:42 PM , Rating: 4
Yeah, I bought an iphone after I had previously owned a Nokia 6300.

But after that the iphone was quite dated and i upgraded to a Nexus. Which has been quite awesome actually. I know it makes my friends iphone 4S look a bit cheap. The iOS feels like... i'm not sure how to describe it. Overly simplistic maybe, almost like it limits what i'm able to do. Certainly I feel more in control of my Nexus than I ever did with my iphone.

Hahah actually my room mate went through 4 iphone 4's after they kept malfunctioning. One even had the phone vibration stuck on, went back under warranty labelled "possesed" haha.


RE: One step ahead
By amanojaku on 7/3/2012 11:12:12 PM , Rating: 3
Possessed, you say? I bet the vibrations were Morse for "You're holding me wrong!"


RE: One step ahead
By impinchi on 7/4/2012 3:17:50 AM , Rating: 2
Why did you get rated down? you should be on a 3+


RE: One step ahead
By danjw1 on 7/4/2012 6:41:26 PM , Rating: 2
Apple fan bois.


RE: One step ahead
By LordSojar on 7/3/2012 10:44:24 PM , Rating: 2
Yes Tony, iOS 6 is SOOO amazing. I love all those icons that are so cutting... wait, those have been around since iOS 1.0... Making money? Only because Apple price gouges. Quality of apps? My Tegra 3 optimized games put your iOS games to SHAME. Your other points are hazy at best, and as for compatible peripherals... I don't need weird proprietary peripherals, I can use any PC peripheral under the sun and have it plug and play almost instantly. So... I guess Android has more compatible peripherals given that truth. Customer loyalty? ASUS can have my money at this point, seeing as how their tablets are worlds ahead of the iOS relics Apple puts forth unto the masses. Jelly Bean says "HELLO!!!"


RE: One step ahead
By Belard on 7/4/12, Rating: 0
RE: One step ahead
By nofear4COMment on 7/9/2012 11:50:19 AM , Rating: 2
Wait...Wait! I've heard iOS6, its amazing iconic can do HULA-DANCING or else if it stopped program is being removed. I hope that APPLE is not going patent this idea.

Apple is just being a Pathetic clown trying to sue everybody instead use energy to innovate and make product more accessible freedom instead proprietary CrApps------>CrApple.

Many more people and including myself going stop and/or have quit using Apple product. Since the day my family have owned five android smartphone and ASUS transformer pad 300 then I never look back. People wanted their freedom of how of a product is being use, NOT a product manufacture is dictate of how a product will be using or can use. My clear understanding is when I used my hard earned money and paid for a product and it should pleased me of the way I wanted and can be use the I wanted to be.

Here it is some scenario and why. IF APPLE DOES NOT WANTED TO CHANGE, REMEMBER THIS APPLE! eg... Sony-mini disk player, Blackberry craps (RIM). Sony is a pathetic fool is afraid about people stealing the music. RIM technology is another pathetic fool (I never own this device but I saw it and I never considered it), it did not try to improve because I see one and seen it all-things..Apple is now the same thing....from iPhone, iTouch to iPad ( I owned iTouch before an iPad). I was wrong to own iPad because I thought that having more real estate of accessible and browse or pay my bills. It bored me to death to every page that I swiped to and showing ICONIC-phobia!
iPhone is nearly 10 yrs old technology with 3.5" screen those days is over. Apple needs to get their head out of their Ass and innovate. Suing is a sign of weakness or run out of choices. Hello Apple, Mr.Job did an outstanding jobs for an iPod and only product can satisfy my needs because it can only play just a music. That's all.

What is happening with this new CEO? and all he know how is to sue people. Any JOHN DOE is knowing to sue people. My word of wisdom is DON"T BE LIKE A RIM TECHNOLOGY!


RE: One step ahead
By themaster08 on 7/4/2012 2:11:32 AM , Rating: 1
Shill. Stick to the topic at hand.


"What would I do? I'd shut it down and give the money back to the shareholders." -- Michael Dell, after being asked what to do with Apple Computer in 1997














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki