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Samsung's Lee Younghee  (Source: The Korean Herald)
Android manufacturer promises to be more aggressive, bring more suits to end Apples "free ride"

Lee Young-hee, head of global marketing for mobile communications at Samsung Electronics Comp., Ltd. (SEO 005930), in an interview with the Associated Press Friday blasted rival Apple, Inc. (AAPL).  She complains, "We've been quite respectful and also passive in a way.  However, we shouldn't be ... anymore.  We believe Apple is free riding [on Samsung's patented technology]."

The remarks echo the claims of her rival.  Apple's South Korea spokesperson retaliates, "It is no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong and we need to protect Apple's intellectual property when companies steal our ideas."

Ms. Lee adds, "We'll be pursuing our rights for this in a more aggressive way from now on."

That could spell trouble for Apple in local courts like Japan and South Korea.  Samsung is currently working to ban Apple's best-selling iPad 2 and the company's soon-to-be-release iPhone 5.  The moves come as a matter of self-defense [1][2][3][4][5].  In Germany, Europe's third largest tablet market, Samsung's best-selling Galaxy Tab 10.1 tablet was banned after a judge granted Apple a court-enforced monopoly on minimalist tablet designs.

Apple and Samsung are number one and two, respectively, in phone sales by manufacturer.  Currently 23 lawsuits have been filed between the companies, in ten different countries.  

Samsung's infringement claims against Apple stem largely from its deep portfolio of wireless communications patents.  Much like Apple, Samsung is essentially inferring that Apple must broadly alter its product from what the market seemingly demands to bring it out of infringement.

Much as Apple says Samsung cannot make a minimalist tablet, Samsung says Apple cannot make a tablet with wireless communications onboard.

Apple is very upset about this claim as many of the patents involved are filed under the "fair, reasonable and non-discriminatory" (F/RAND) principle.  F/RAND applies to patents developed as part of industry standards.  It states that companies must pay you fair licensing fees for the patent, but you must express willingness to license the IP.

Samsung also has Android OS-maker Google Inc.'s (GOOG) growing patent library backing it, should it need the help.  States Ms. Lee, "We still have a very good relationship. We are working very closely with Google."

Google recently grew its IP catalog by acquiring Motorola Mobility and purchasing 1,000 patents from International Business Machines, Inc. (IBM).

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Screw Apple
By Booster on 9/23/2011 3:06:36 PM , Rating: 5
It is no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong and we need to protect Apple's intellectual property when companies steal our ideas."

Noone except Apple fanatics cares about looks. It's all about technology and Apple has none of that. They're not much more than a design bureau getting a free ride on other's backs - people who really invent and produce something. At Foxconn they exploit slave labor, in Korea they exploit intellectual property behind all the hardware.

So may they burn in hell.

RE: Screw Apple
By Booster on 9/23/2011 3:31:54 PM , Rating: 4
I may have been a bit harsh since I hate everything Apple with passion. My point is that they're defending the outer appearance of their products which isn't worth a dime, really. What's so good about the design of an iPhone, for example? It's stupidity and the hype in the media, inclusion of iPhones in every movie, sitcom etc. that's made them so popular. Their design is extremely appealing to douchebags of all sorts, that's for sure, but is it practical or even reasonable? I guess not.

RE: Screw Apple
By Booster on 9/23/2011 3:36:11 PM , Rating: 5
Take their monitors, for exaple. You can't adjust the height on any of them! Just how design-centric and blind does one need to be to choose that over excellent Eizo or Nec designs with abundance of functions and lower price?

Yes, sure, it's better because it's Apple. I sincerely hope that Samsung will give these scumbags a boot, let's see how profitable they will remain and for how long.

RE: Screw Apple
By B3an on 9/23/2011 4:21:09 PM , Rating: 5
Can you really not adjust the height on Apple monitors? even new ones? because wow, just one more reason to not buy anything Apple. Thats just ridiculous.

RE: Screw Apple
By TakinYourPoints on 9/25/2011 6:04:50 AM , Rating: 1
NEC and Eizos are definately not cheaper than Apple monitors. I own both NEC and Apple displays and the NECs cost about 40% more.

To be clear, this is if we're talking about good IPS displays with comparable panel specs, good calibration, and good color accuracy. TN panels or 1080p displays over 24" shouldn't factor.

RE: Screw Apple
By michael2k on 9/23/2011 5:39:50 PM , Rating: 2
If that's the case, why did Samsung make their Galaxy phones and tabs physically resemble an iPhone (including icons, metal rim, glossy back, and the whole iOS homepage)?

It's worth something if they deign to copy it.

RE: Screw Apple
By sprockkets on 9/23/2011 6:58:44 PM , Rating: 4
Ooooh, why didn't apple sue over the original galaxy tab then if it was so similar?

Cause apple is full of sh|t.

RE: Screw Apple
By michael2k on 9/24/2011 4:32:00 PM , Rating: 1
It didn't look like an iPhone. It lacked the metal rim, for example.

RE: Screw Apple
By sprockkets on 9/25/2011 9:14:23 AM , Rating: 3
It didn't look like an iPhone. It lacked the metal rim, for example.

Oh, so only apple can make a device with a grey rim huh? That's the straw that broke that camel's back? Heaven forbid samsung change the color of the back.

You are full of it.

RE: Screw Apple
By robinthakur on 9/26/2011 6:22:07 AM , Rating: 2
Err, the original Galaxy S does look alot like the black iPhone 3GS, only built using really thin plastic. The Galaxy 2 looks like the iPhone4. Can anyone guess what the Galaxy S3 is going to look like?

RE: Screw Apple
By Reclaimer77 on 9/23/2011 7:33:48 PM , Rating: 2
My Galaxy S II looks NOTHING like an iPhone. It's thinner, there is no rim at all let alone a metal one, and it's larger than an iPhone. Except for, duh, it has a rectangular shape because the screen is rectangular. And there are buttons at the bottom because where the hell else WOULD You put buttons? And of course it's black! Practically every consumer electronic device is black. When is the last time you've seen a white television set or computer monitor? I guess Apple invented using black too lmao...

Obviously on a phone and pad the screen is going dictate the shape of the thing because that's all these are; mobile screens.

As far as icons, really? Is this the early 1990's all over again where people tried to claim rights to a graphical UI? I thought we were really past all that kinds of silliness, but nope. Here we are again with Apple trying to claim rights to shapes, colors, and "minimalist designs".

RE: Screw Apple
By michael2k on 9/24/2011 4:37:52 PM , Rating: 2
Icons are protected under copyright. The 80s was a different case because Apple had licensed technology to Microsoft for Windows 1.0 and the judges held those licenses still applied to Windows 3.0; otherwise it would have been a standard copyright case.

Samsung has never licensed the artwork, packaging, or design, insofar as the merits of this case go and is liable for any infringement the judges deem applicable.

RE: Screw Apple
By Helbore on 9/25/2011 2:01:32 PM , Rating: 2
Actually that's not quite true. Apple sued Microsoft because they allowed windows to overlay each other in Windows 3, which was not licensed under their agreement. When it went to court, the judge threw out around 200 Apple patents.

It's exactly the same situation all over again. Apple have been liberally patenting ideas that really should not be patented, then trying to sue all the competition out of the market.

Last time this happened, Apple lost and failed to compete successfully with Microsoft and were nearly destroyed in the process. They're running scared that the same thing could happen again and consequently, are pulling the same crap they did back then.

Hopefully they will get slapped back once again, just like the last time. If they don't and manage to successfully force the competition out of existence we can kiss goodbye to innovation in the marketplace.

RE: Screw Apple
By Omega215D on 9/23/2011 7:37:11 PM , Rating: 2
Faux chrome rims, glossy back, rectangular shape, and the square/ rectangle home button is nothing unique. Many devices prior had this design. Many of the mp3 players I've owned had such a resemblance and this was before the ipod touch.

RE: Screw Apple
By drycrust3 on 9/24/2011 9:45:34 AM , Rating: 2
If that's the case, why did Samsung make their Galaxy phones and tabs physically resemble an iPhone

Huh? Samsung, just like Apple, copied the appearance of the first computer with a touch sensitive screen: the 1973 Elograph.
As such, Apple has a patent for something that has already been produced.

RE: Screw Apple
By 1granny on 9/23/2011 6:12:52 PM , Rating: 3
YEA!!!! I'm not the only one who hates Apple! In Europe, they are behaving like 'cry babies' the tradition goes there, they paid off a bunch of people. If their product is superior (snicker), then why don't they let the consumer make the decision about marketing? I know why, they aren't the best & don't practice "free marketing" when selling their products; which I thought "fixed prices" were illegal in our country but Apple appears too do all the time! Anyone interested in an Apple Haters Club? Samsung listens to their customers, puts out quality products, and allows retailers to discount! Its a no-brainer!

RE: Screw Apple
By Belard on 9/26/2011 2:18:40 AM , Rating: 1
So... people should spend money on crappy looking and feeling products?

Both outside and inside counts. Its why we buy sports cars, date hot women (whenever we can), etc etc.

Yes there are Apple fanatics. But they do make good products. The Mac (Steve Jobs) philosophy has always been the same... simple stupid.

Samsung's tablets & phones are nice - their software is crap.

RE: Screw Apple
By theapparition on 9/26/2011 9:43:25 AM , Rating: 2
Ok, so hypothetically if what you say is true.....Samsung's software is crap.

Then let them compete in the free market. Consumers will be given the choice. Crappy software product vs great software product. Eventually, the great software product will emerge as the victor.

There is no need to involve the courts in this.

But that's not what Apple is doing, is it. They are running scared, because the software product isn't that bad after all. You know it, quit denying it.

RE: Screw Apple
By robinthakur on 9/26/2011 6:38:33 AM , Rating: 2
Au contraire, their outer design is everything. Pc people have been going on for ages that they cannot understand why punters purchase Macbooks when their innards are basically PC's. This is because they are themselves far remove from being typical consumers in the target demographics. The point is that the brand and the look and feel (beyond the exclusive OSX, natch) is what is selling these products, with the technical specs being a distant 2nd or 3rd. Therefore, if you copy the design, including nice packaging etc. and sell the product at a price which undercuts Apple, you are onto a winner, because everybody wants something for nothing. Several manufacturers are realising this like Asus, Samsung, HTC, Dell etc. in the laptop markets, there are lots of knock off Macbook Airs coming out.

When you ask what is so good about the design of the iPhone, to the consumer the answer is "Apple designed it" and when they as Samsung did, rip-off the iPhone 3GS's design for the Galaxy S phones, they basically admitted this. Yes, it might not actually be the best design, this is purely subjective, but as in Fashion where trends start out on the Catwalks and then filter down to places like Primark eventually, having something which is the industry leader (As Apple unquestionably is, when it comes to design) nearly guarantees that it will be copied. Apple should therefore give up the litigation, because imitation is really the sincerest form of flattery, and boost Apple's sales.

Douchebaggery has little to do with your choice of phone, other than budgetary concerns. Poor Douchebags buy Galaxy 2's, richer Douchebags buy iPhones and the richest ones buy Vertus.

RE: Screw Apple
By TSS on 9/23/2011 5:22:09 PM , Rating: 1
I don't know which planet you live on but on this one nearly everybody cares about looks, and a large part of the population only cares about looks. How people themselves look, how clothing looks, how furniture looks, how their car looks.... Even on this website if you see an article about a car and it's ugly you'll see most of the comments being about how ugly it is.

I agree apple should burn in hell, that their the devil incarnate and that patenting "beauty" is even more stupid then actually buying apple products. But that doesn't mean people don't care about looks. The proof in that is that it's the only thing apple's gotten right and soley on that they've become bigger then microsoft.

RE: Screw Apple
By Gondor on 9/25/2011 3:47:32 PM , Rating: 2
I don't know which planet you live on but on this one nearly everybody cares about looks, and a large part of the population only cares about looks.

Awesome. So is it reasonable to expect that people - who care only about the looks - will be able to notice the differences between two products that are neither of same dimensions nor look alike (aside from the color ... unless you take white iDevice for comparison) without courts having to tell them that they look "exactly alike" and therefore one of them must be banned from sales ?

Better yet, is it then reasonable to expect that people working at these courts would realize their silly fallacy ?

Apple ought to be careful here.
By MrTeal on 9/23/2011 2:41:58 PM , Rating: 3
Depending on the strength of their patents in this case, Samsung could be in a much stronger position than Apple. It is much easier for Samsung to add a few buttons on the face of their table if needed to satisfy the EU's community design standard than it will be for Apple to work around Samsung's wireless patents. If the courts rule with Samsung and don't order them to work out a F/RAND licensing fee, Apple could see their biggest cash cow slaughtered.

RE: Apple ought to be careful here.
By bupkus on 9/23/2011 5:49:54 PM , Rating: 2
It is much easier for Samsung to add a few buttons on the face of their table...
I have posted this before that Samsung can etch false buttons on the face of their devices. It is after all a matter of appearance and not functionality. In fact, they can do any number of creative things just to make them look different enough to avoid exclusion from a market.

The rarely mentioned issue of going to foreign courts is the prospect of home court advantage. I wholly expect national and regional pride to tip the scales in the Far East in Samsung's favor. This will (as I have posted before) become an issue of trade agreements that Apple will argue via their lobbyists in Washington DC in my view a non-starter.

By evo slevven on 9/24/2011 8:16:39 AM , Rating: 2
From a design standpoint they've done quite a bit to differentiate themselves from a iPad. For some reason, form what I inferred, the "fat iPad" look or anything rectangular seemed to have been the issue with the German court.

Nonetheless, if a "square" tablet isn't considered fair use for a design shape in a tablet, I don't see why the wireless portfolio of Samsung is considered by Apple as fair use; logic dictates rectangles have been pretty "fair use" since paper so yea...

RE: Apple ought to be careful here.
By AssBall on 9/24/2011 2:27:21 AM , Rating: 2
Apple still seems to turn a blind eye to the fact that Samsung is gigantic global company. One that builds hardware for most Apple products. And they still try to screw them... Sorry Apple, but most non-German courts will laugh at your silly suits. Build something competitive, reliable, and open to software developers. Until then, piss off.

Samsung rocks!
By ol1bit on 9/23/2011 7:22:16 PM , Rating: 4
Screw Apple, I trust anything this hot young lady has to Say!

Lee Younghee is hot!

RE: Samsung rocks!
By Ramtech on 9/24/2011 5:31:19 PM , Rating: 2
Im pretty sure her name is Lee Young Hee

RE: Samsung rocks!
By aegisofrime on 9/25/2011 9:03:45 AM , Rating: 2
Not really hot, but extremely cute!

Oh I see
By Reclaimer77 on 9/23/2011 4:17:24 PM , Rating: 5
Apple is very upset about this claim as many of the patents involved are filed under the "fair, reasonable and non-discriminatory" (F/RAND) principle. F/RAND applies to patents developed as part of industry standards.

So wireless technology, you know something that costs billions in R&D and years of effort to bring to the market, is fair use. But rectangles with buttons aren't and are an "industry standard"?

Seriously, eat shit Apple.

RE: Oh I see
By foolsgambit11 on 9/25/2011 9:45:29 PM , Rating: 2
What's more, only 7 of the 18 patents Samsung claimed were being violated are supposedly F/RAND patents. That means that 11 of the patents Apple is alleged to have violated Samsung has absolutely no obligation to license.

Really, it would be more accurate if the quote read, "Apple is very upset about this claim, and is using the fact that some of the patents involved are F/RAND as a smokescreen in their crumbling legal and PR battle with Samsung."

Apple Sued by Via Technologies
By ShaolinSoccer on 9/24/2011 12:34:01 AM , Rating: 2
Just thought I'd share this. I don't know if it's true or not:

Kinda makes me wonder whether Apple's agenda was to get as much money as it can knowing they were going to be sued eventually? Corporation politics? Pretty damn smart if you ask me...

By phantom505 on 9/24/2011 5:17:42 PM , Rating: 3
Uh, how did you come to the conclusion they were doing a preemptive strike? The entire tech world is looking for blood against Apple now *because* of their litigation, not because Apple was going to be eminently attacked in law suits.

If fact, much of the tech industry would probably rather compete without having to deal with patents at all. Patents were originally designed to protect novel innovation. Now that the tech is basically convergent, it is being used a corporate weapon... first and most notably used by Apple.

They did it to themselves.

The War of the Words...
By quiksilvr on 9/23/2011 2:59:13 PM , Rating: 2
You sure about that? Because at this point all I see is this:

RE: The War of the Words...
By V-Money on 9/23/2011 4:13:49 PM , Rating: 2
No, you're thinking of what it looks like after Berkeley scientists recreate what you originally saw using MRI technology.

By wiz220 on 9/23/2011 4:01:39 PM , Rating: 3
Am I the only one that thinks it would be sorta comical if both Samsung and Apple tablets were banned in the same country for violating different patents that the other company held? Could this theoretically happen?

RE: Funny?
By V-Money on 9/23/2011 4:15:55 PM , Rating: 1
Maybe Microsoft is secretly provoking both companies into doing this so they can actually sell some of their tablets when they finally come to the market.

Apple might regret their actions
By masamasa on 9/23/2011 4:29:47 PM , Rating: 3
I think they just lit a fire they can't put out.

Will be entertaining if their tablets/phones get banned from multiple countries.

By stburke on 9/23/2011 2:53:24 PM , Rating: 2
is how I picture Samsung after the Germany ban:

By PitbulI on 9/23/2011 3:13:42 PM , Rating: 2
None of this matters. It seems that certain countries have a love for Apple and will help to protect them.

For the way apple has caused a monopoly and took away users freedoms of what they can have on their devices, they should pay like Microsoft had to.

By kleinma on 9/23/2011 3:59:14 PM , Rating: 2
Hey Apple, I'm pretty sure rectangles are industry standards.

Google's IBM patents
By HrilL on 9/26/2011 6:30:10 PM , Rating: 2
Google actually purchased 2200+ Patents from IBM in 2 different purchases.

"If a man really wants to make a million dollars, the best way would be to start his own religion." -- Scientology founder L. Ron. Hubbard

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