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Apple scores a second victory this week against Samsung

Apple has been handed its fair share of defeats in court with regards to its patent lawsuits against various Android handset/tablet manufacturers. However, Apple’s fortunes in the U.S. court system have taken on a decidedly more positive note this week. 
 
On Wednesday, it was reported that Apple scored a pre-trial injunction on the Samsung Galaxy Tab 10.1 in the U.S. courtesy of Judge Lucy Koh in U.S. District Court for the Northern District of California. Judge Koh ruled that Samsung infringed on key Apple design patents, and admonished the company, stating:
 
Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products. While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court.
 
Given that the Galaxy Tab 10.1 is an older tablet that hasn't seen much sales success in the United States to begin with, the ban isn't much of a hindrance to Samsung. In addition, its follow-up -- the Galaxy Tab 2 10.1 -- isn't affected to the sales ban.
 
However, a ruling that was handed down late Friday is a much more serious threat to Samsung's fortunes in the U.S.
 
I. Apple Scores its Second Victory This Week, Galaxy Nexus Ban Granted

On Friday, Judge Koh dealt Samsung its second blow for the week in the form of a pre-trial injunction against the Galaxy Nexus smartphone. The Galaxy Nexus was introduced late last year as the poster child for Android 4.0 "Ice Cream Sandwich".


Samsung Galaxy Nexus
 
As she did earlier in the week with regards to the Galaxy Tab 10.1 ban, Judge Koh once again pointed out that Apple was clearly wronged by Samsung's infringements. "Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products," stated Judge Koh in her Friday ruling.
 
The pre-trial injunction will go into effect as soon as Apple pays a $95 million bond to enforce the ban.
 
II. Patents, Patents, and More Patents.
 
The original motion filed by Apple indicated that Samsung's infringed upon the following patents:
 
U.S. Patent No. 8,086,604 -- Describes a method for retrieving user information from a "variety of locations" from a single interface
U.S. Patent No. 8,046,721  -- This is Apple’s infamous “Slide to Unlock” patent
U.S. Patent No. 5,946,647 -- Details detection methods that create functional links from actionable data items like phone numbers, dates, email addresses, or web pages.
U.S. Patent No. 8,074,172 -- Describes touch screen input methods along with display of current character strings or word suggestions as users "type" on the screen
 
According to Dan Levine, reporting for Reuters, the Galaxy Nexus ban was granted based on infringement of U.S. Patent No. 8,086,604.
 
III. Apple, Google Respond
 
There's no question that Apple is delighted with this recent turn of events, having scored two legal victories against Samsung this week. However, the company only issued its standard canned response to Friday's ruling:
 
It's 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, as we've said many times before, we need to protect Apple's intellectual property when companies steal our ideas.
 
The four patents being used against Samsung in the case against the Galaxy Nexus revolve around design implementation in Google's Android operating system. For its part, Google issued this response to the ruling:
 
We're disappointed with this decision, but we believe the correct result will be reached as more evidence comes to light.
 
Samsung has yet to respond, but we have the feeling that they will go straight for an appeal as they did with the pre-trial injunction handed down against the Galaxy Tab 10.1.

Sources: Reuters, The Verge



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A few corrections
By Tony Swash on 6/30/2012 9:31:13 AM , Rating: -1
quote:
By BZDTemp
Fortunately more and more people are seeing what is going on.


I hate to be the one to break this to you - but outside of a tiny minority of obsessives nobody cares. Apple's sales will continue to grow strongly because their products are very popular with consumers. All surveys show the same thing, Apple brand loyalty is far higher than any of it's competitors. That may be unpalatable to you but it is unquestionably true.

quote:
By Nortel
Apple paid huge sums of money in purchasing other peoples patents and securing their own. Should apple just sit back and let other companies freely use the patents they themselves paid to acquire?


This case does relate to any purchased patents, nor does any Apple patent lawsuit relate to purchased patents. Apple was part of a larger consortium of companies including EMC, Ericsson, Microsoft, RIM and Sony which purchased a portfolio of patents from Nortel and which agreed to not use the purchased patents to cross sue one another. Google was invited to join the cartel but declined.

quote:
Omega215D
Considering the Nexus brand is supposed to be a "pure" Google experience device why are they going after Samsung and not Google? Also, last time I checked the sheep still line up for blocks just to get the latest iphone so how did the non-similar looking Galaxy Nexus hurt Apple?


Because Google does not make the offending product in question.

quote:
By SkullOne on 6/30/2012 8:16:57 AM , Rating: 2
Because Apple doesn't have the balls to take on Google directly because they know they will lose. So they'll prey on the OEM's instead.


Of course Apple could behave more like Google which purchased Motorola and uses it as a front to abuse FRAND patents and to sue companies. Clearly much more ethical.




RE: A few corrections
By retrospooty on 6/30/2012 9:56:07 AM , Rating: 4
" Apple's sales will continue to grow strongly"

I don't think so... What you are seeing now is the peak. They will certainly sell well, and make buckets full of money, but the growth is about over. iPhone 5 will probably sell better than the 4s but not by huge margins like we have seen in past. The growth simply cant continue. It will sell well, plateau and remain high, but not continue to grow.


RE: A few corrections
By Tony Swash on 6/30/12, Rating: -1
RE: A few corrections
By retrospooty on 6/30/2012 12:34:22 PM , Rating: 3
Highly doubtful, but we'll see.


RE: A few corrections
By marsovac on 6/30/2012 2:47:57 PM , Rating: 3
quote:
The best way to envisage how big Apple is likely to become is to think of Apple as having the same size, weight and importance in the mobile markets as Microsoft and Intel did combined in the old PC market.


If Microsoft and Intel suddenly disappeared half the world would stop, and for a few months the economy would be completely blocked.

If Apple disappeared suddenly we would just buy another tablet and phone.

I hope you understand how silly your claim is :)


RE: A few corrections
By retrospooty on 6/30/2012 3:03:32 PM , Rating: 2
Exactly... Apple is highly profitable, but not at all important. Apple makes really nice toys. Intel and MS make the hardware and software the entire world runs off... Including the factories that Make iPhone,iPad,iPod and Macs.


RE: A few corrections
By Tony Swash on 6/30/12, Rating: -1
RE: A few corrections
By Camikazi on 6/30/2012 11:59:52 PM , Rating: 2
Intel powers all Apple computers (and no tablets and phones are not computers) almost all PCs, a LARGE amount of servers around the world and many other things. MS, like it or not, runs on a large majority of the PCs in the world and a rather large part of Apple comps as well, kill off those 2 companies and the world will stop for quiet a while that is how much the companies of the world depend on Intel and MS products. Nothing Apple makes will ever equal what MS and Intel make, they are a brand that makes popular, shiny devices but nothing that will stop the world if they all disappear. There will always be other smartphones, other tablets, other PCs to replace Apple products.


RE: A few corrections
By Cheesew1z69 on 7/1/2012 1:47:56 AM , Rating: 3
He knows this but he is trolling you and everyone else to the highest order. Hasn't anyone learned this yet? Quit feeding him, and he most likely will go away.

I just wonder how much he gets paid to troll...it must be quite a bit to make himself look like the tool he is.


RE: A few corrections
By themaster08 on 7/1/2012 4:37:23 AM , Rating: 2
Tony's a shill.


RE: A few corrections
By themaster08 on 7/1/2012 4:36:50 AM , Rating: 1
Absolutely, because businesses now run on OS X servers and iPads.


RE: A few corrections
By retrospooty on 7/1/2012 10:04:31 AM , Rating: 2
"Absolutely, because businesses now run on OS X servers and iPads."

Yup. I am an IT admin and am currently in the process of setting up Apple's client/server ecosystem and the associated enterprise apps to run accounting, customer relationship management software, and various other enterprise apps. Then I woke up.


RE: A few corrections
By tayb on 6/30/12, Rating: 0
RE: A few corrections
By bupkus on 6/30/2012 2:56:07 PM , Rating: 2
Yes... Resistance Is Futile. You Will Be Assimilated!


RE: A few corrections
By themaster08 on 7/1/2012 4:41:00 AM , Rating: 2
quote:
People have been saying that for quite a while. The really amazing thing about Apple's growth is that they have built a business selling just phones (leaving aside the other stuff they sell) that is already bigger than Microsoft's entire business but they are barely into double digits in terms of addressing the potential market.

But the fact remains that there are more Windows 7 PCs out there than Macs, iPhones, iPods and iPads combined.


RE: A few corrections
By Tony Swash on 7/1/12, Rating: -1
RE: A few corrections
By themaster08 on 7/1/2012 11:42:46 AM , Rating: 2
quote:
What do I mean by hegemonic? We are already in a world where the money in computing is no longer made predominantly in the world of the PC, where the bulk of software development is no longer centred on the PC, where more people (soon most) experience computing, gaming, the web, digital culture and communications on mobile devices.
Yes, and all of what you listed is part of content consumption. It's much more convenient to check your Facebook status updates on your phone. For anything like that, of course it's inevitable that phones and tablets will succeed, because they offer the same results in a faster, more convenient fashion.

However for content creation it's a completely different story. Please show me some evidence where the market for content creation is being cannibalised by mobile devices? This is a huge market, one which spans across all types of media, science and business. It is the driving force for the content created for consumption on mobile devices.

quote:
The current generation of school children are already living in a world where they may never encounter, yet alone use, software made by Microsoft or hardware powered by Intel.
If they live in a world where all they do is consume, maybe. Your view is entirely consumer orientated. People do more with their PCs than just consume data and media, and perhaps write a few self-obsessed blogs that no one cares about. Please tell me when you've ever known anyone do anything on an iPad or an iPhone that is orientated towards content creation or business that has offered them increased flexibility or conveneince, other than reading their emails and to-do lists, which they receive at the same time, on both devices, causing a redundant overlap and complete pointlessness?

I'm not saying there aren't scenarios where mobile devices may be more beneficial within these realms, however they're merely comlementary devices, offering convenience when on the move.


RE: A few corrections
By erple2 on 7/1/12, Rating: 0
RE: A few corrections
By Tony Swash on 7/2/12, Rating: -1
"We don't know how to make a $500 computer that's not a piece of junk." -- Apple CEO Steve Jobs














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