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  (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



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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.


"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain














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