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Apple demands $2.5B USD from Samsung -- plus complete sales ban on most of its smartphones/tablets

Samsung Electronics Comp., Ltd. (KSC:005930) is in the middle of a tough week in the courts.

I. Samsung Accused of Destroying Evidence

The South Korean gadgetmaker recently celebrated outselling arch-rival Apple, Inc. (AAPL) nearly two-to-one in smartphone sales in the recent quarter.  Those strong sales are driven by the Galaxy S III, a smartphone whose hardware beats Apple's flagship iPhone 4S in nearly every category.

Apple is struggling to keep up in sales despite continuing to haul in record profits as the world's most profitable tech company.  Apple attorney Josh Krevitt sums up his company's plight, remarking, "Samsung is always one step ahead, launching another product and another product."

But Apple has been relatively effective at looking to stifle its competitor in court.

In recent weeks it scored sales bans on the Samsung Nexus smartphone and Samsung Galaxy Tab 10.1 tablet, although it failed to secure its most hoped for ban -- a kill shot on the Galaxy S III.

Now it's scored another small victory in its U.S. court battle, with Judge Paul Grewal of the U.S. District Court for the Northern District of California (San Jose/San Francisco) granting an Apple request to give an "adverse jury instruction." The judge told the jury that Samsung destroyed evidence that might have been pertinent to the case.

Shredding
Samsung is accused of destroying evidence. [Image Source: Office Products NYC]

Samsung's global electronics empire maintains a purpose-built central email network.  That network automatically deletes emails after two weeks.  That's run Samsung into trouble in past lawsuits, including a 2004 one where it received a similar sanction for the practice.

In the current case, the U.S. International Trade Commission had ruled that Samsung behaved responsibly.  While it acknowledged the automatic email deletion, it noted that the company had informed employees that they should be saving any documents pertinent to the case.

But Judge Grewal saw things quite differently.  He argued that Samsung did not do enough to monitor that its order was being enforced.  He remarks, "In effect, Samsung kept the shredder on long after it should have known about this litigation."

Samsung plans to appeal, but if it loses, the order could be a blow to its image when the trial goes before the jury.

II.  Apple Wants $2.5B USD

Apple is suing Samsung on the grounds of a slew of patents and trademarks.  The trademarks encompass largely deal with the look of certain icons -- such as a white email envelop on a blue background.  The patents cover a host of software features such as slide to unlock and multi-touch, as well as the "look" of the iPad and iPhone.

A UK court recently found that most of these patents were invalid due to prior art.  It forced Apple to print a public apology to Samsung acknowledging that Samsung did not "steal" the look of the iPad with its Galaxy Tab.  In recent interviews Judge Richard A. Posner, one of the most experienced intellectual property experts in the U.S., expressed similar sentiments remarking that the majority of software patents -- including Apple's -- should likely be ruled invalid.

Apple wants an exorbitant $2.525B USD from Samsung ($2B USD of which represents profits from devices).  It also wants Samsung to be banned from selling the majority of its Android smartphones and tablets in the U.S.  These provisions would surely provide a nice padding to Apple's already industry-leading profits, and help it overcome its product design difficulties.

Apple money
Apple wants Samsung's devices banned and Samsung forced to pay billions in damages.
[Image Source: SomanyMP3s]

Samsung sought a 2.4 percent royalty from Apple on its 3G patents in the U.S., a proposal that is also slightly outlandish, given that it's grossly above the industry standard for licensing fair, reasonable, and non-discriminatory (FRAND) patents.

III. Galaxy Tab 7.7 Banned Throughout the EU

More bad news came for Samsung this week when a decision by the Dusseldorf Higher Regional Court was expanded into a complete ban on sales of the Galaxy Tab 7.7 throughout the EU.  The ban comes courtesy of Community Design 000181607, which depicts a rectangular tablet:

Apple D'889 patent

It was found that the Galaxy Tab 7.7:
Galaxy Tab 7.7

...looked too much like the iPad, despite being a different size, having different back decals, and different ports.

Again, this would seemingly indicate Apple has a government-enforced monopoly on tablets in the European Union, but this is clearly not the case, as Samsung's Galaxy Tab 10.1N was deemed valid for sale thanks to the addition of extra metallic accents.

About the only conclusion one can thus draw from these divergent rulings is that bans are rather arbitrary and based on the sentiments of whatever court they happen to wind up in for the ruling.

The ban is tentative, pending appeal, and likely does not apply to the UK, which already found Apple's design claims invalid.

Sources: WSJ, PC Magazine



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Arise Neo-classical tablet!
By drycrust3 on 7/26/2012 4:39:11 PM , Rating: 2
quote:
despite being a different size, having different back decals, and different ports.

What if Samsung made their tablets look exactly or almost like previously released model, e.g. one of the X05 series (Zdnet did a review of the X05 XTC1500 in 2003 http://www.zdnet.com/samsung-x05-xtc-1500-30100050... )? Then Apple haven't got a leg to stand on! What are they going to say? "Samsung stole our 2004 design ideas and incorporated them in their 2003 model?" Yeah ... I know ... I wouldn't be surprised if that's what they say too.




RE: Arise Neo-classical tablet!
By michael2k on 7/26/2012 4:46:53 PM , Rating: 1
That X05 doesn't have the trademarked Apple phone icon, music icon, address book icon, etc:
http://peanutbuttereggdirt.com/e/custom/Apple-vs-S...

You know, the lawsuit where Apple is claiming Samsung is infringing upon Apple's trademarks, and trade dress?


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/26/2012 4:53:04 PM , Rating: 2
And of course, those icons look nothing like Apple icons but hey, keep those blinders on and keep defending poor Apple!


RE: Arise Neo-classical tablet!
By michael2k on 7/26/2012 4:54:50 PM , Rating: 2
That was my point, earlier, that you seemed to not want to educate yourself on.

Trademark law requires that Apple sue Samsung on the barest perception of infringement in order for them to retain any trademark rights.


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/26/2012 5:01:07 PM , Rating: 2
Not really sure what I need to "educate" my self on when the icons are clearly not the same, nor even close. But again, keep sucking that Apple teet!


RE: Arise Neo-classical tablet!
By michael2k on 7/26/2012 5:07:59 PM , Rating: 1
Well, since you apparently took the time to look at them, I'll take the time to indicate the icons that Apple probably has a very strong defense of:
White telephone oriented diagonally left to right against a green field
Yellow lined legal paper with a leather binding
Male silhouette on a ring bound book
Beamed eighth note overlaying a CD (they've been using this since 2002, the purple version since 2003!)


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/26/2012 6:27:00 PM , Rating: 2
LOL....

Again, they look NOTHING alike, get your eyes checked. Seriously.


RE: Arise Neo-classical tablet!
By michael2k on 7/26/2012 7:13:17 PM , Rating: 2
That is why the court of law exists.

And that is why the lawsuit isn't silly. If the court finds that Samsung did in fact infringe, your assertion that they look nothing alike is wrong and that Apple acted correctly. If the court finds that Samsung did not infringe (as you assert), the Apple has to pay damages and legal fees etc.

However your assertion isn't sufficient to negate the lawsuit. The fact that the icons have similar pictures and icons and such is enough to initiate such a suit.


RE: Arise Neo-classical tablet!
By hexxthalion on 7/27/2012 7:37:48 AM , Rating: 1
there's no point to try to explain something to Cheesew1z69 - he'll never get it


RE: Arise Neo-classical tablet!
By Alexstarfire on 7/27/2012 11:11:11 AM , Rating: 2
They might have a leg to stand on for the phone icon, even though they are quite obviously different even at the quickest of glances, but the rest seem pretty far fetched. The problem I see, in the eyes of the law, is that if you're merely basing similarities off a check-list of features, and rather vague features at that, that you could have two "similar" icons that are nearly completely different. It'd be like looking at the stats/features of two computers and saying they are the same computer just because they match. And you and I both know that most likely wouldn't be the case.


RE: Arise Neo-classical tablet!
By michael2k on 7/27/2012 11:30:52 AM , Rating: 2
Did you see the music icon?
Purple beamed note over silver CD?

Apple's been using that since 2001 until 2009, well within the 5 year statute of limitations for trademark and copyright.


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/27/2012 11:38:28 AM , Rating: 1
BIG FUCKING DEAL...THEY LOOK NOTHING ALIKE.

Different color purple, Samsung uses what ACTUALLY LOOKS like a CD...Apple doesn't...

You are completely BLIND if you think they LOOK ANYTHING alike.

You are really stretching now. Get your head out of Apples colon please.

BAHHH! BAHHH!

My lord, I have never seen so much retard in my life.


RE: Arise Neo-classical tablet!
By michael2k on 7/27/2012 12:32:25 PM , Rating: 2
Maybe because you don't know what the iTunes logo looks like?
Before iTunes 10 (so 2009), the logo was a beamed note over CD:
http://paulgalbraith.com/itunes-10-icon
With the note in various colors (blue, green, purple, etc)

That's the one I think Apple is claiming trademark infringement on since iTunes doesn't run on the Galaxy Phone yet the icon for iTunes (beamed note over CD) is in use.

I wish you would stop with the "BAHHH! BAHHH!" too, it makes you sound like an idiot.


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/27/2012 12:42:54 PM , Rating: 1
And you look like a bigger idiot with your head up Apples colon defending them.

Once again, the icons look nothing like. But keep it up, only serves to make you look like a tool each time you bring it up.

BAHHH! BAHHH!

Fucking sheep...


RE: Arise Neo-classical tablet!
By michael2k on 7/27/2012 1:05:26 PM , Rating: 2
How can you say they look nothing alike?
CD, silver, check
Note, double, with beam, colored and glossy and in 3D, check
Offset the note in the lower right hand corner, check

The only thing that looks different is that Apple has no background color to their logo while Samsung uses purple.


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/27/2012 1:28:36 PM , Rating: 1
quote:
The only thing that looks different is that Apple has no background color to their logo while Samsung uses purple.
Wow, are you fucking kidding me? Then IT'S DIFFERENT. My lord, you are full of stupid aren't you?


RE: Arise Neo-classical tablet!
By michael2k on 7/27/2012 1:47:27 PM , Rating: 2
That's not how trademark and trade dress works.
http://www.huffingtonpost.com/2012/05/21/gucci-law...

In Gucci vs Guess, Guess used different colors in their stripes (brown instead of green), and 4 Gs instead of 2, or placed their 4G logo inside of the diamonds instead of on the corners, but still lost the trademark lawsuit.

http://blog.oregonlive.com/breakingnews/2008/05/po...

In Adidas vs Payless, Payless used 4 stripes instead of 3.

http://www.arentfox.com/publications/index.cfm?fa=...

Asics lost against Sketchers, but won against Madden.

These lawsuits have been won over larger differences than the background color of the logo.


RE: Arise Neo-classical tablet!
By Alexstarfire on 7/27/2012 11:46:34 AM , Rating: 2
Honestly, Samsung's is more like a combination of the two from Apple. The new one is just a circle, not a CD, and the old one isn't even in color. The only thing that's consistent is the music icon which, let's be honest here, everyone just sees as a music icon, not a specific note. Both sides have been using a note for a while so I can't see that holding up.

Using purple might be the biggest issue with that icon. But it's not like the color matters to anyone either.


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/27/2012 11:53:45 AM , Rating: 1
quote:
But it's not like the color matters to anyone either.


Yes it does, to the Apple colon dwellers it does.

He just proved it...

He is actually using a color as an argument...to fucking funny.

LOL


RE: Arise Neo-classical tablet!
By michael2k on 7/27/2012 12:35:36 PM , Rating: 2
No, I think you're not seeing the right example. That page shows a black and white note over CD, when the "real" icon is almost identical:
http://paulgalbraith.com/itunes-10-icon

Apple's been using it from 2001 until 2009, and replaced it in 2010 with the circle you mentioned.

However 2009 (when they last used it) to 2010 (when Samsung used a very similar icon) is close enough to run afoul of trademark and copyright infringement; trademark has a 5 year limit while copyright as a little longer (75 year? I forget).

Trademark is the one where you use it/defend it or lose it.


RE: Arise Neo-classical tablet!
By Alexstarfire on 7/29/2012 7:55:53 AM , Rating: 1
I could see more of a case being made for that as other than color they are pretty similar. The thing that bothers me the most is that no one really gives a shit what it looks like so long as they know it's music. Truth be told, headphones would probably work too, however that doesn't necessarily mean music like a CD and music note do. You could use an instrument, or instruments, but then you might think it's about making music rather than listening to it. Of course, you could write out the word music, but that kind of defeats the purpose of having an icon.

Some symbols really just need to become standard because they don't point to a specific product but to a functionality. This might not be the best case since Apple's symbol is for a specific product. And really, if this is just an icon for a media player then several others could easily be used.


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/29/2012 9:04:34 AM , Rating: 1
quote:
The thing that bothers me the most is that no one really gives a shit what it looks like so long as they know it's music.
Except Apple


RE: Arise Neo-classical tablet!
By michael2k on 7/30/2012 1:40:45 PM , Rating: 2
You can get the point across then without copying the design.

Not only did you bring up good reasons why other designs might be bad, you need to bring up the point that:
1) A silver disc also equals movies, so you need another design to indicate music
2) iTunes, as the number 1 music retailer on the planet, therefore has a privileged spot in iconography. The only other picture that Samsung could use that would clearly indicate music would be an iPod.

Apple's use of CD+Note was dictated by the same forces you argue have influenced Samsung's design, the difference being that Apple's design harkens from the year 2001 when the iPod and iTunes wasn't in fact a big deal.

As you said, Samsung can make the icon a pair of headphones with the beamed note superimposed over it to get the same effect given Apple's existing success at making the iTunes store the #1 music retailer. CDs are in fact a dead end, which is why they changed their logo in 2009 from a CD to a plain circle with a note in the center.


RE: Arise Neo-classical tablet!
By Cheesew1z69 on 7/30/2012 8:27:53 PM , Rating: 1
Ok TesterGuy...

My lord... just shut up...

Take off your Apple colored glasses. Fuck man..


"Mac OS X is like living in a farmhouse in the country with no locks, and Windows is living in a house with bars on the windows in the bad part of town." -- Charlie Miller














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