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Samsung Tries To Ban Import of iDevices To US
tekgoblin writes "The battle between Apple and Samsung has just heated up again. Samsung has filed a complaint to the International Trade Commission to ban import of the iPhone, iPad, and iPod products to the U.S. From the article: 'Samsung, the world’s second-largest maker of mobile phones whose Galaxy devices compete with the iPhone and iPad, claims Apple is infringing five patents, according to a filing with the U.S. International Trade Commission in Washington yesterday. The ITC, which can block imports of products found to violate U.S. patents, must decide if it will investigate Samsung’s claims.'"
In fact, *Nobody* can produce a smart phone without infringing on *Somebody's* patents.
You want IP reform? Take EVERY infringing product off the market. Let's see congress and the Executive branch do without their Blackberries and their iPhones. It is stupid to allow the thousands upon thousands of bogus patents to be used as a patent thicket to protect a few big companies. These are NOT inventions, in the sense viewed by the framers of the constitution. Most are little minor tweaks obvious to anyone working in the industry. But the costs to consumers in more expensive products and less competition and slowed innovation is huge and vast.
It is time we limit tech patents to 3 years. But regardless of the reform, reform is needed.
Samsung sells everything to everyone. I'm sure they'd happily take a small profit hit now in order to force Apple to pay them royalties on every device they have sold and will sell. It might not work out in their favor, but it's probably worth a shot.
They are going to have a hard time finding a judge or jury who isn't addicted to some Apple product methinks.
When patents were first introduced in the UK, their length was 14 years. That was based on apprenticeships lasting seven years, and two generations of apprentices learning how to build and operate a device. If it could be argued that it takes a software engineer six months to become proficient in a programing technique then software patents should only be one year. Look and feel patents, if it takes 12 weeks to master creating that look and feel, then the patent should only be six months. Something that takes a four year engineering degree to master, gets eight years. A doctorate, 16 years. This would reduce the load on the patent office, because it wouldn't be worth the effort to patent simple things.
Seriously, right off the bat when Apple sued Samsung the first thought that crossed my mind was "how is this going to work out", Samgung is simply going to counter sue the crap out of them. Then when it was noted that the iPhone contains Samsung parts, I just shook my head at the stupidity.
I'm sure the person at Apple that was getting pats on the back over this slick move is now picking the shoe parts out of their ass.
You know the extra delicious bit of irony with this new turn is that we have a Korean company suing an American company and filing for injunction to prevent the American company from shipping their products because they've outsource production overseas. HAhahaha. Globalization? How's that working out for you?
Of course Samsung will not succeed in obtaining the ban; it's not the goal. Everyone knows that it's going to end up as a settlement and a cross-licensing agreement, they're just haggling over who pays and how much.
Pretty much all the big players are being sued by somebody. That graphic's a little old, but it still illustrates just how messed up the patent system must be.
Lets see some data for such a claim.
If they really were such a big buyer they would be stuck with buying from samsung since they produce most of the flash.
Apple makes up 2.6% of Samsung's sales, Sony makes up 3.7% and Dell makes up 2.5%.
Considering the market for NAND flash is very competitive now with every man and his dog making smartphones, memory cards and solid state drives, Samsung does not stand to lose 2.6% of sales if it cuts Apple off completely as there are other customers that buy the same products from Samsung.
It seems Apple needs Samsung products more then Samsung needs Apple as a customer. Suing them and hoping Samsung is not a vindictive company could be a really dumb move.
Calling someone a "hater" only means you can not rationally rebut their argument.
If you really think that Apple didn't know they used Samsung parts, and they didn't expect counter-suits, then you really don't understand businesses in general and Apple especially.
If you think Apple aren't betting that Samsung is not a vindictive company you dont understand law suits in general.
Apple are suing because Samsung smart phones are taking sales away from Apple phones. Apple derives over 50% of it's income from phone sales (a single product) so they've got a lot to lose if phone sales are threatened, namely their astronomical share price.
The suit was an act of a desperate company, if you cant see that you dont understand how tech business work. Those at the top dont worry about others, those who fall behind sue everyone (and that children, is how bubbles burst).
Samsung hold all the power here, if Apple becomes too bothersome, they'll just find a way to get rid of all their current contracts. Apple does not make up that much of Samsungs sales and the products they sell to Apple can be sold to many other customers (Sony, HTC, HP, Dell).
Calling someone a "hater" only means you can not rationally rebut their argument.