
Apple iPhone (left) and Samsung Galaxy S III (AP)
Iphone maker Apple Computer wants eight Samsung mobile phone devices banned from sale in the U.S. immediately, days after winning a $1 billion patent infringement lawsuit. But its South Korean rival vows to take “all necessary measures” to prevent that from happening.
Apple’s request is expected to be considered by a federal judge Sept. 20 in California. At the same time Samsung is going to ask that the potentially crippling verdict be thrown out due to lack of evidence. Apple is expected to ask that damages be tripled to more than $3 billion.
The models Apple wants removed are among more than 20 Samsung devices a San Jose jury said infringed on Apple’s software and hardware designs for the iPhone and iPad. The jury ruled Samsung copied innovations such as scrolling and zooming in on a screen by double tapping, and Apple’s setup for displaying icons.
The immediate Samsung list includes older devices and those sold mainly online, including the Galaxy S 4G, Galaxy S2 AT&T, Galaxy S2, Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail. The list doesn’t include the new Galaxy S III and Galaxy Note. The U.S. District Court judge hearing the case had already banned Samsung’s Galaxy Tab 10.1 from the U.S. market.
It could be months or even years, however, before the dispute is finally resolved. Samsung plans to appeal.
“We will take all necessary measures to ensure the availability of our products in the US market,” Samsung Electronics said in a statement carried by Dow Jones News Service. Samsung also said it would consider “workarounds” to devices “as a last resort” to get around the patent concerns.
Since Samsung relies on Google’s Android operating system, the big question is whether Apple now will go after Google and its hardware partners with patent infringement suits. Google maintains that most of the infringement and patent claims do not relate to the core Android operating system.
It is said that imitation is the best form of flattery. Is Apple being unrealistic to think that it can prevent its technology from being imitated?
177 comments Add your comment
Judge Judy
August 28th, 2012
3:34 pm
The patents delt with technology. The newer Galaxy probably is a workaround for the technology in question, which is why it’s not part of the injunction. You won’t have to get rid of your phone, but if the Court allows the injuction, Samsung won’t be able to sell that phone going forward. And Samsung wants the case overturned so they don’t have to pay $ for infringing on Apple’s rights as the patent owner.
The case has nothing to do with marketing. The cos use very similar technology and have lots of patents. They’re suing and being sued regularly – to keep their products at the top of the heap and to keep competition from using the technology they patented.
And this is the largest jury award in the history of the U.S. It’s billion – with a ‘b’ – and the judge can triple (treble) the damages portion of that jury decision, if Apple can show that Samsung infringed willfully.
It’s high stakes, but don’t feel sorry for either co. Both have over 100 lawsuits they’re involved in at the moment and are spending lots of $ to make sure they stay on top of technology, patenting it and keeping the $ those patents acrue, if prosecuted wisely.
Mishap
August 28th, 2012
3:34 pm
Apple User,
I’m typing on a Macbook Air here surrounded by an GSIII(personal), Droid X2(firm’s), and iPhone4S (client’s). My firm owned iPad3 is here as are my 2 Windows 7 laptops while my personal iPad and Asus Transformer are at home. I also pay for a family plan for my parents, brother, and g/f w/ 4 more Android phones. If I didn’t need to crank up the iOS simulator on occasion, I’d be working from the much more comfortable Windows machines. Battery life is good but the screen isn’t that good and my watch chewed up the front edge. This is my 2nd Mac but I’ve owned the several thin and lights (Dell Adamo, Thinkpad X220). The Dell was a squared MBA clone but the X220 was a beast compared to this fragile toy.
Other than battery life (GSIII still lasts 24hrs), the iPhone lags on everything I use phones for. I briefly considered swapping the X2 to the next iPhone but came to my senses when I saw that the next version is still gimped compared to my old HTC Evo. Obviously I’ve been impressed by the standby time on the iPhone (8 days one time) but that’s b/c I find no reason to ever actually use it despite having ~4+yrs of app purchases(owned the original iPod Touch) and paid unlimited internet.
Outside of the Air, I have a pretty low opinion of Apple devices. The fact that Cut/Paste doesn’t exist and folder management it atrocious in OSX makes the Mac painful to use sometimes when I can’t find stuff. I have iOS6 Beta 4 running on my iPad and it’s exactly the same as before minus Google Maps and Youtube (really annoying) w/ Siri added. I’ve also enjoyed the wonderful 2hr wait at the Apple Store to get my 35 day old iPad3 replaced ($350 + tax w/ AppleCare) at Lenox when it slipped from my lap, slid down my leg, and cracked like an egg. First time I’ve ever broken a device and didn’t really enjoy amazing CS everyone raves about.
What exactly is better on any of these products?
Hindu Elvis Pimp
August 28th, 2012
3:35 pm
She passed what?
Apple > Droid
August 28th, 2012
3:36 pm
@?? You my friend are special…I got $10 bucks that says you don’t have a job, you are currently in your underwear in front of the computer and have had at least 5 cokes today.
Reformed Apple User
August 28th, 2012
3:36 pm
I bought the Apple 4S at launch, but the whole battery drain fiasco was so annoying and discouraging, I returned it ASAP. Didn’t want to wait for Apple to fix their product; should have been fixed before launch, but my guess is Apple needed to put it on the market as Christmas was approaching. GREED ahead of QUALITY. Picked up the 3D HTC Evo, WAY snappier!
MARTA Rida
August 28th, 2012
3:37 pm
Just let Apple try and get my Glaze from my hands.
Apple User
August 28th, 2012
3:38 pm
@ Mishap…no clue what you just said…did I catch a “transformer” in there?
Sent from the best cellular device on the market
??
August 28th, 2012
3:41 pm
Apple>Droid: Admission of defeat? You’re not the first…
??
August 28th, 2012
3:42 pm
Iphone battery change = voided warranty hack job.
Point is, if you DARE replace that battery, Apple wants nothing to do with you. Now be a good little sheep and get another iphone.
Angie O.
August 28th, 2012
3:45 pm
How do you patent a shape? If you really can, I get dibs on the rhombus!!
Apple is the BOMB
August 28th, 2012
3:45 pm
Seriously, the first time I turned on my iphone, I had a shiver run up and down my leg.
??
August 28th, 2012
3:46 pm
Sorry Angie, Apple already patented the rhombus. It falls under another patent which covers all 4 sided devices.
Apple User
August 28th, 2012
3:46 pm
Who pays for the insurance? It is under my homeowners policy…think your mom can add yours to the policy?
asstroid
August 28th, 2012
3:51 pm
Wife and I have never owned an Apple product ever…and never will. Android and their open operating system in Samsung phones are truly the way to go. Rotten apples!!!
Easy Fix...
August 28th, 2012
3:53 pm
Samsung should just stop making Retina displays for Apple. Today.
Apple would basically be shut down in a matter of weeks.
iphone users...
August 28th, 2012
3:56 pm
…. how do you watch 16×9 movies on a 3×2 screen?
NICK
August 28th, 2012
4:03 pm
I got into computers early on and worked with both Apples and PCs – even taught community college computer information systems classes. I am retired now. Graduated with an engineering degree from the University of Illinois.
I never could understand people’s fascination with Apple products. They are more expensive and very proprietary (Apple’s monopolistic tactics go back a long way). PCs are less expensive and anyone can make a PC. Installing them, fixing them, and teaching people how to use them, I decided early on that Apple wasn’t the way to go for the ordinary person. Sure, Microsoft has a virtual monopoly on the OS but that’s it. I would like to see that change. There’s lots of open source software for PCs including all the new versions of Linux and OpenOffice. We’re finding virtually the same to be true when you compare iphones with Android phones.
Apple doesn’t create anything new. It copied the concept of the GUI OS from Xerox. The computers Jobs and Wozniak first created where based on already existing technology.
Steve Jobs was a good marketer. He knew how to make people believe that owning an Apple was cool. As someone who has worked extensively with both Apples and PCs, I can say without a doubt the PCs are the way to go for most people.
4Site
August 28th, 2012
4:07 pm
Don’t get the hate for Apple products. I use them and happen to like them very much. Someone made a statement about iTunes and the iPod. If they are so defective, why did Zune do so poorly? People that like Apple product use them and those that don’t like Apple products don’t use them. It boils down to preference.
DandT
August 28th, 2012
4:13 pm
If they stole it they stole it. You go to jail for buying hot items off the street.
??
August 28th, 2012
4:15 pm
4Site: Zune failed because of poor marketing and being late to the party.
Zune was critically acclaimed, and many experts felt superior to iPod. Don’t believe me, google it.
??
August 28th, 2012
4:15 pm
what did they steal, DandT?
Ex Pat in Italy
August 28th, 2012
4:15 pm
Roughly half of district court patent decisions are reversed in whole or in part on appeal to the Court of Appeals for the Federal Circuit (’Fed Circuit”). Either the Fed Circuit or the U.S. Supreme Court will have the final word on this. In the meantime it still can be messy with injunction issues, etc.
Cracks me up...
August 28th, 2012
4:16 pm
I just patented the round tire… I’m suing GoodYear, Michelin, and everybody else. They can’t get away with stealing my innovation!
@??
August 28th, 2012
4:19 pm
Because everything on Google is correct…idiot!
Josh
August 28th, 2012
4:20 pm
apple user for sure doesn’t have a job.. who says big boy job except for college students working at the bookstore or for some on campus christian organization. lol he’s been posting every ten minutes so he’s obviously not doing any work or research, which is the reason he bought an iphone in the first place lol.
@??
August 28th, 2012
4:20 pm
@ Nick, during your extensive career building computers, how much did you spend on anti-virus software? Also, I am sure it was difficult teaching community school kids how to use Apple products.
Cracks me up...
August 28th, 2012
4:24 pm
@??: anti-virus software is free with windows, moron. And there are a dozen other FREE anti-virus softwares available.
Personally, I just upgraded my PC from 2006 with a quad core processor and nvidia GPU. Try that on your Mac.
??
August 28th, 2012
4:25 pm
You are right, everything on google is WRONG! Idiot.
Cracks me up...
August 28th, 2012
4:27 pm
Nah, Apples NEVER get viruses… LOL
http://itunes.apple.com/us/app/bitdefender-virus-scanner/id500154009?mt=12
@Cracks me up
August 28th, 2012
4:30 pm
Free? Maybe with my comcast interent service but not online. And nvidia? What does that even mean? I bet you are good with the ladies!
Sam Dung
August 28th, 2012
4:30 pm
Don’t want no “smart” phone no way. I’m happy with a dumb phone and a cold beer. Peace out.
fes
August 28th, 2012
4:31 pm
you have been thoroughly brainwashed if you think you have to pay for anti-virus software. there are plenty of free options that do a great job.
Cracks me up...
August 28th, 2012
4:33 pm
Malware Bytes: free
Windows defender: free with Windows
MS Security Essentials: free http://windows.microsoft.com/en-US/windows/products/security-essentials
Nvidia GPU: not necessary if all you do is go to dubya dubya dot cnn dot com
The John
August 28th, 2012
4:34 pm
It’s hilarious the extent that one fan base will go to praise a device vs the other. As it is now obvious both technologies have their pros and cons. If I was one of those techies that loved to spend hours playing around with my phone and explore the zions of the android market for decent apps.I would go a Samsung. Unfortunately I am a training athelte with a day job and as such I prefer the ease of use on an iphone. I don’t have all the bells and whistles that android provides but who cares. I have no time to use them or learn how to use them.
One thing that Android lovers can’t defend is the fact that apple invented the modern smartphone and paved the road for the android operating systems. Without apple paving the way, the first few versions of the android OS would have frustrated users to the point that the entire concept would have been a failure from the start.
@fes
August 28th, 2012
4:34 pm
Well I guess I wouldnt know because I dont worry about such things with my Mac.
@crack me up
August 28th, 2012
4:38 pm
Hilarious that you say all iPhone users are liberal…Dont tread on me brother!!! Douche!
fes
August 28th, 2012
4:38 pm
don’t worry, your day is coming. it’s just a matter of numbers. the malicious stuff was designed for the highly used windows os. as the mac os continues to pick up steam, the evildoers will turn their attention to your precious os to attack you guys. i know i would if i were them since none of you use any protection software…
gtalum06
August 28th, 2012
4:40 pm
Apple is just attempting to monopolize the market (what many Mac fanboys ranted about Microsoft doing years ago when it became a monopoly). Apple fans will always be obsessive Apple fans. Samsung (and similar) users are less obsessively loyal because there have typically been choices between multiple available products using similar interface/OS as one another.
Apple fans get one product at a time, so they feel the need to upgrade each time a new one comes out because it’s the one new version of the one they previously used. That creates loyalty (and obsession, IMO). Unfortunately, most Mac fanboys have never tried anything other than Apple products long enough to see that Apple isn’t a divine gift from God!
As a Samsung user, I tried out the iPhone for 2 years. I liked it, but when the Galaxy S2 came out, I knew a superior product when I saw one. I made the switch… don’t regret it at all. This whole mess has only guranteed that I am probably not even going to consider an iPhone in my next round of upgrades… petty companies don’t get my support.
@fes
August 28th, 2012
4:41 pm
Lets be honest here…once Apple hears of some impending virus, they will send an update to cover us sheep.
Cracks me up...
August 28th, 2012
4:44 pm
The John: I was with you until the 2nd paragraph. Apple invented the modern smartphone? LOL, okay. Forget the Nokias from 2000 or the windows smartphone OS in 2002, fully 5 years before iphone.
Your ignorance is showing, go back to you athletics or whatever it is that you do. Let the grown folk talk.
Cracks me up...
August 28th, 2012
4:45 pm
@@fes: kinda like what windows does? send updates?
Or you can just protect yourself like millions of mac users do: download this:
http://itunes.apple.com/us/app/bitdefender-virus-scanner/id500154009?mt=12
Cracks me up...
August 28th, 2012
4:47 pm
But John you are right: if all you need is a dumbed down phone, iphone is it. If I had to buy one for my grandma, it would be an iphone. It’s idiot proof, cant be messed up.
fes
August 28th, 2012
4:51 pm
exactly, cracks me up… the iphone is perfect for those that are not technically savvy. those consumers will hate the android os plain and simple. i am very technical and the iphone doesn’t cut it for me. i love to tinker and flash the latest os (since my phone is maxed out at gingerbread per the manufacturer). jellybean rocks!
nita
August 28th, 2012
5:09 pm
I don’t have a problem with Apple products only a problem with Apple. When the people that build these products can’t afford them then I only see them as a company that takes advantage of people. I feel sorry for anyone who supports a company that pays slave wages. To bad I bought an I-pod touch before I saw the Apple documentary.
Sarah Palin
August 28th, 2012
5:26 pm
I love the iPhone. It\’s just right for my below average brain.
Behemoth1
August 28th, 2012
5:36 pm
Wow, after reading this blog, I am very glad I just got a Samsung Galaxy SIII (my first smart phone). The negative is that, to enjoy it, you do need to be a member of the 21st century.
230gr Full Metal Jacket
August 28th, 2012
5:50 pm
If you like supporting hypocrisy, then feel free to buy Apple’s garbage. In 30 years I have yet to see Apple come out with a single original idea. Steve Jobs (good riddance) was the biggest technothief the world has ever seen! What’s even funnier is that you lemmings try to give him credit for Apples products! Wozniak? Yes. Jobs? no. He was a business man, NOT an engineer or technical innovator of any sort. You do realize that the entire basis for ALL Apple OS’s was effectively pirated from Bill Gates pre-MS, don’t you? Wozniak (at Job’s urging) took Gate’s concepts that he was in the process of developing (business-wise), and introduced them to the market under HIS companies name before Gates could get MS rolling (due to the financial backer/3rd partner on the Apple side). And don’t even get me started aboout the multitude of things that Apple has ripped off from Motorola and Xerox!!!! If Apple went under right now and put everyone there out of work I would laugh my a$$ off!1 Couldn’t happen to a bigger bunch of scumbags! As for me, I’ve already been down that road with Apple and would never even consider buying ANY of their products — especially an iPhone. It is amusing though, that Apple has attempted this same garbage all over the world and has lost every single lawsuit — until they filed a suit in their home area where the judge would be terrified of ruling against them because so many of the constituency are Apple employees or related to Apple employees. That’s sort of like GM suing Toyota in Detroit. You think an elected official would go against GM there? of course not! Samsung will just appeal this to a higher court (where the judge isn’t effectively bought and paid for) and will have the ruling reversed. It’s nothing but a legal shellgame between the 2 companies right now, but Samsung has additional support from Google and other tech companies, so Apple needs to be careful. Plus, sooner or later all of the little teenyboppers who buy Apple’s junk will grow up and realize how poorly constructed are in general (that’s what happens when you use what is effectively slave labor to build your products) and how unsuitable they are for real world business purposes. I would feel safe in predicting that Apple will not be one of the big players in the personal electronics industry 10 years from now. Too many people are seeing through the smoke & mirrors and the shady (to put it kindly) business tactics employed by Apple.
But if you want to support unethical scum, that is your right.
Jamal
August 28th, 2012
5:52 pm
Hey @ ??. You are right about size matters….Your wife was complementing me on that very same subject this morning.
Sy
August 28th, 2012
5:55 pm
If Apple believes that penalties should be acted on immediately without waiting for appeal, they’re late in the UK:
http://www.bbc.co.uk/news/technology-18895384
Hmmmmmmm
August 28th, 2012
5:55 pm
Itunes SUX… I wont but apple because of that absurd piece of software…. What a JOKE apple is, and the people who promote Apple are the same idiots that voted that moron as POTUS… How is that working for this country… Simply Pathetic!