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Apple requested a ban on all of Samsung's Android smartphone lineup in U.S. federal court

In the U.S. and worldwide only one smartphone manufacturer is offering Apple, Inc. (AAPL) a true challenge in market share.  In fact, that company is actually beating Apple in unit sales, although trailing far behind it in profit.  That company is Samsung Electronics Comp., Ltd. (KSC:005930).

I. Gotta Ban 'em All

If Samsung was gone Apple might have what it's dreamed of ever since it first launched its iPhone -- a monopoly market share in this lucrative market.  Apple's hopes to achieve that goal rest on its plea to the U.S. government to ban Samsung's entire smartphone lineup, the Galaxy phones.

The Galaxy S III is set to launch June 21 on all four of America's top carriers, priced at $199 USD.  But Apple is intent on disrupting this summer blockbuster, aiming for a speedy ban.
 

The Samsung Galaxy S III

Samsung says Apple's claims are anticompetitive junk litigation, vowing, "[We will] demonstrate to the court that the Galaxy S III is innovative and distinctive."

Apple filed the following request to ban Samsung's flagship phone in Northern District of California -- a San Francisco federal court -- late Tuesday.  The filing comes a couple weeks after the collapse of court-ordered settlement talks.

12-06-05 Apple Motion on Galaxy S III

 
Apple has already filed for bans on the other popular Galaxy smartphones, such as the Galaxy S II and the Galaxy Nexus.

II. Apple Will Have to Compete With New Samsung Flagship Phone

The Cupertino gadget maker is reportedly preparing a larger size iPhone for a July launch, although no details have been officially discussed.  Sources close to the companies indicate that Apple is concerned that by beating it to launch, Samsung's Galaxy S III will get a jump on it in sales.

Apple store NYC
Apple is reportedly fearful of allowing the Galaxy S III to beat its sixth generation iPhone to the U.S. market this summer. [Image Source: Double DT]

Apple's quest to destroy Samsung's smartphone market share via lawsuits began in April 2011, when Apple called Samsung's original Galaxy smartphone a "copycat" of the iPhone.  Samsung has since countersued Apple in numerous jurisdictions.

Now as the suit nears completion, the effect on the company's relationship will likely be chilling.  In 2011 the pair did $8B USD in business.  Apple's payments to Samsung are expected to rise to $12B USD in 2012.  Samsung's biggest display customer is Apple and the South Korea-based electronics conglomerate also makes the chip "brains" for every iPad and iPhone sold at its plant in Texas.

While Apple stands a shot at its efforts to gain a court-enforced monopoly in the U.S., overseas it has been unable to prevent Samsung's flagship phone from watching.  Approximately 300 Asian and European carriers launched the smartphone on May 29.

For Apple the U.S. is the final battlefield.  The preliminary injunction hearing will be held today, at which point Apple will see whether it scores a big win or sees its dreams of hegemony slip through its fingers.

III. The Patents in Question

In its request for a preliminary injunction Apple cites two patents which it says Samsung's other Android 4.0 Ice Cream Sandwich smartphone, the Galaxy Nexus also infringes -- U.S. Patent No. 8,086,604 (a patent on "unified search") and U.S. Patent No. 5,946,647 (the "data tapping" patent on "linked structures").  

The data tapping patent allowed Apple to ban Android smartphone maker HTC Corp.'s (TPE:2498) shipments temporarily.  Google Inc. (GOOG) has since implemented a workaround.  To Apple's dismay U.S. Customs and Border Patrol checkpoints cleared HTC handsets with the fix on them late last month, lifting the ban.  But HTC is a small fish in the U.S. market -- Samsung is much more attractive game.

HTC handset
HTC phones were banned for the data tapping patent, but have since been freed.
[Image Source: Asa Mathat/All Things D]

 
The patent's enforcement is slightly controversial as it covers essentially a hyperlinking processing, describing the invention in a personal computer context.  Some question the patent's applicability to the smartphone realm and Apple's decision to "park" on this intellectual property real estate for a decade before looking to leverage it in a new market.

Samsung's attorney says that Apple's decision to tack on a request for a ban on the Galaxy S III violates the U.S. International Trade Commission's process, and that Apple must file a new preliminary injunction because it's amendment came too late.

The company writes, "If Apple wishes to seek an injunction against the Galaxy S III, the Court should require Apple to file a new motion and allow the parties to develop a full factual record on all four factors. Accordingly, the Court should reject Apple’s motion to amend its current notice of motion for a preliminary injunction."

We will keep you updated on what the court decides.

Source: Business Week



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RE: w00tLOL ?
By retrospooty on 6/8/2012 11:22:27 AM , Rating: 1
"The Samsung Galaxy S3 is, on first benchmarks, slightly faster than the iPhone 4S"

This is where I have issue with your disinformation. "slightly faster" ? It smokes it by a pretty huge margin. Both are plenty fast for most any use, but if your going to post, try using something factual. It completely trounces it, at a higher resolution to boot.

http://www.anandtech.com/show/5810/samsung-galaxy-...


RE: w00tLOL ?
By Reclaimer77 on 6/8/2012 11:34:55 AM , Rating: 1
Unfortunately for North Americans, that was the International version they benchmarked with the real-deal Exynos 4. The Krait version that we're getting stuck with probably isn't going to be a whole lot faster than the 4S.


RE: w00tLOL ?
By retrospooty on 6/8/2012 12:03:44 PM , Rating: 2
I am pretty sure the ATT version of the HTC OneX uses the same Krait/S4. It looks pretty good too.


RE: w00tLOL ?
By retrospooty on 6/8/2012 12:06:08 PM , Rating: 2
erp... I meant to add that in some benchmarks the 2 core krait is even faster thant eh 4 core Exynos. In most it's fairly close. It's 2 new Coretex A15 cores vs. 4 older A9 cores, so its not as much as you might think.


RE: w00tLOL ?
By Mint on 6/8/2012 9:30:41 PM , Rating: 2
AFAIK, the Krait core is widely seen as being between A9 and A15. Qualcomm has a licensing deal with ARM that lets it really customize the cores.


RE: w00tLOL ?
By Reclaimer77 on 6/8/2012 3:52:12 PM , Rating: 2
Retro you know I like Samsung and Android, but the Krait is just no Exynos 4. For one thing, the GPU in the Galaxy SIII is slower than the one in my Galaxy S2, while pushing more pixels.

I'm not saying in practical use the Galaxy S3 won't be great. I think it's just a damn shame the entirety of North America isn't getting the best Galaxy S3 out there.


RE: w00tLOL ?
By lagomorpha on 6/10/2012 2:16:40 PM , Rating: 2
To someone that doesn't care about running angry birds in 3D, significantly better CPU performance in exchange for slightly reduced GPU performance sounds like a pretty sweet deal. I'd take the S4 over the Exynos 4.


RE: w00tLOL ?
By retrospooty on 6/11/2012 10:51:14 AM , Rating: 2
I hear ya.

There is a faster GPU coming later this year with the Adreno 320 graphics that should be alot faster... Then again there will probably be a 28nm Exynos equivalent by then too.

Either way, I am sure there will be another variant of the S3 with faster chip later this year, with one or the other brand of chip.

I've got my S3 pre-ordered. Cant wait.


"Paying an extra $500 for a computer in this environment -- same piece of hardware -- paying $500 more to get a logo on it? I think that's a more challenging proposition for the average person than it used to be." -- Steve Ballmer














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