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Samsung Seeking Ban of iPhone 4S in Europe

First time accepted submitter KingofSpades writes "Samsung has announced that they will try to stop the sale of Apple Inc.'s iPhone 4S in France and Italy. Samsung believes that Apple is 'severely violating' some of their patents. From the article: 'Samsung will file motions with courts in Paris and Milan seeking the ban, each citing two patent infringements on wireless telecommunications technology, the Suwon, South Korea- based company said in an e-mailed statement yesterday. Apple unveiled the iPhone 4S in Cupertino, California this week and aims to start sales later this month.'"

257 of 331 comments (clear)

  1. Round 3 by Moheeheeko · · Score: 2, Funny

    FIGHT

    1. Re:Round 3 by mabhatter654 · · Score: 2, Insightful

      Needs a "popcorn" tag!

      Stuff like this keeps Slashdot in business... Way better than discussing the betterment of humanity with Ipen Sources.

    2. Re:Round 3 by Calydor · · Score: 2

      I see what you did there, Apple shill. ;-)

      --
      -=This sig has nothing to do with my comment. Move along now=-
    3. Re:Round 3 by Moryath · · Score: 1

      Meh.

      If Apple really wants, they'll just order so many fucking iphones and iPads from the screen providers in Taiwan and Korea that Samsung will never see another of their phones or Galaxy tablets made for a couple years. Either Samsung will cave, or they'll die.

      Don't think it's for real? Look at the delays on the last generation of Android tablets - square on the manufacturers who kept delaying screen runs in order to keep Apple orders going instead.

    4. Re:Round 3 by Amtrak · · Score: 5, Informative
      Ummm..... you sure about that?

      LG Display (Korean: LG , KRX: 034220) is the world's largest LCD panel maker,[1] ahead of Samsung Electronics in a slender lead. Currently, the two South Korean companies together exceed 50% of the global LCD panel marketLG_Display [Wikipedia]

      Doesn't that mean that Samsung is the second largest manufacturer of said panels? If that is the case doesn't that mean that Samsung will just stop taking orders from Apple if it cuts into their own business? Think about it.

    5. Re:Round 3 by spire3661 · · Score: 3, Insightful

      Samsung is a fabrication TITAN. Please stop talking about that which you know nothing.

      --
      Good-bye
    6. Re:Round 3 by toppavak · · Score: 2

      Also, if I'm not mistaken, Samsung's phones/tablets use AMOLED screens that they themselves produce

    7. Re:Round 3 by Kalriath · · Score: 1

      Um, Apple's screen provider IS Samsung. I'd find it unlikely that Samsung isn't capable of making sure their own devices are still being assembled.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    8. Re:Round 3 by andydread · · Score: 1

      Wow you sure displayed utter ignorance here. wow Just WOW!

    9. Re:Round 3 by That+Guy+From+Mrktng · · Score: 1

      So you saying thats company that can produce fucking cargo ships have to cave to a company that make toys?

    10. Re:Round 3 by Trogre · · Score: 2

      Samsung also make container ships and power plants. They're quite safe.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    11. Re:Round 3 by Colourspace · · Score: 1

      I recently worked on a bid for some subs they are building too...

    12. Re:Round 3 by poofmeisterp · · Score: 1

      Needs a "popcorn" tag!

      Stuff like this keeps Slashdot in business... Way better than discussing the betterment of humanity with Ipen Sources.

      Can your stomach hold that much popcorn? Oh, wait, this aren't U.S. cases. Never mind :)

      /HUMOR, HUMOR.

    13. Re:Round 3 by V+for+Vendetta · · Score: 1

      Um, Apple's screen provider IS Samsung.

      You're sure about that?

      This whole mess (this Apple vs. Samsung than Samsung vs. Apple case as the latest example) makes kindergardens look like very mature business. Kill those patent systems already, ffs!

    14. Re:Round 3 by RockDoctor · · Score: 1

      Sandwiches, or cocaine delivery vessels?

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    15. Re:Round 3 by grim-one · · Score: 1

      Submissives

  2. As they say on Iron Chef America... by sconeu · · Score: 2

    <OVERDRAMATIC>
    "Let the Battle Begin!"
    </OVERDRAMATIC>

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    1. Re:As they say on Iron Chef America... by tangelogee · · Score: 1

      <OVERDRAMATIC>
      "Let the Battle Begin!"
      </OVERDRAMATIC>

      it's just not the same without the big arm movements and accompanying sound effects.

    2. Re:As they say on Iron Chef America... by Old97 · · Score: 1

      Get a better codec then!

      --
      Very often, people confuse simple with simplistic. The nuance is lost on most. - Clement Mok
    3. Re:As they say on Iron Chef America... by ArhcAngel · · Score: 1
      I think it's

      Chairman: "So now America, with an open heart and an empty stomach, I say unto you in the words of my uncle:

      <OVERDRAMATIC> Allez cuisine!" </OVERDRAMATIC>

      Alton Brown: "Let the Battle Begin!"

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    4. Re:As they say on Iron Chef America... by sconeu · · Score: 1

      The Chairman says "Let the battle begin" before he unveils the secret ingredient

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    5. Re:As they say on Iron Chef America... by metalgamer84 · · Score: 1

      Correct, AB just provides semi-pointless commentary.

    6. Re:As they say on Iron Chef America... by sconeu · · Score: 2

      My *real* problem with the Chairman is that whenever I watch Hawaii Five-0, I expect Wo Fat to say, " Allez Cuisine! "

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    7. Re:As they say on Iron Chef America... by Billlagr · · Score: 2

      What IS the secret ingredient in this one? Rounded corners?

    8. Re:As they say on Iron Chef America... by sconeu · · Score: 1

      Parent needs to be +1 Funny.

      Well played, Old97. Well played.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  3. which patents? by Anonymous Coward · · Score: 1

    isn't the 4s the exact same design as the 4, just with some relatively minor hardware upgrades? which patents could apple possibly be violating that they were violating already? the only "new" technology is the camera which has an extra lens or something, and the processor, which apple developed internally and has been available for months. would be interesting to see which patents, exactly, samsung is claiming apple is violating.

    1. Re:which patents? by Tekfactory · · Score: 4, Insightful

      You're missing out on the why, Samsung has said Apple is using their 3G wireless patents. This is simply retaliation for Apple blocking Samsung's Galaxy sales in Europe.

      If Samsung can get sales of the iPhone 4S blocked in enough countries maybe Apple will stop their patents on rectangular shapes nonsense.

    2. Re:which patents? by Nadaka · · Score: 1

      They are also trying to stop sales of other iphones, but with this one they get to block the latest apple has to offer.

    3. Re:which patents? by Vapula · · Score: 1

      If I'm correct, it's about some 3G patents... They didn't attack Apple before (for the previous phones) because patent war was not declared at that time.
      Since that time, Apple had the Galaxy Tab 10.1 banned from Germany and tried to have it banned in whole europe.
      Samsung could go after all the iPhone but it would not make any sense. first, they'll have some trouble preventing them being sold as Apple is likely to stop selling them and only selling the 4S and they can't get these called back from consumers. It's also much easier to get a ban (and a trial saying Apple is infringing) on ONE product then ask for damage&interests for the previous products in a separate trial.

    4. Re:which patents? by cheeks5965 · · Score: 1

      samsung is just trying to c0ckbl0ck apple's new toy the way apple did to samsung.

      --
      -- Flame me and I will happily flame you back. Bring it!
    5. Re:which patents? by Anonymous Coward · · Score: 1, Insightful

      I'm guessing F/RAND patents that Apple's already licensed which Samsung wants more money for.

    6. Re:which patents? by Ferzerp · · Score: 4, Informative

      Hello fanboy.

      You realize, for example, that that is the same camera that has been available for quite some time in *other* phones?

      Oh wait, it's magical and new.

    7. Re:which patents? by UnknowingFool · · Score: 4, Insightful

      On the outside there doesn't appear to be many changes. On the inside there have been many hardware changes. However it is easier to call someone a fanboy rather than give Apple any credit. You do realize that Apple was able to put in a larger processor, make the phone operate both CDMA and GSM, put in a larger camera-- all the while keeping the same form factor with a slight increase in weight (3g). I would think geeks would appreciate the engineering it would take to do this.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    8. Re:which patents? by shoehornjob · · Score: 2

      You're missing out on the why, Samsung has said Apple is using their 3G wireless patents. This is simply retaliation for Apple blocking Samsung's Galaxy sales in Europe.

      That's right. Apple should have seen this coming. These big corporations are playing like babies and someone needs to take their toys away.

      --
      "We are just a war away from Amerikastan. When god vs god the undoing of man." Dave Mustaine
    9. Re:which patents? by Anonymous Coward · · Score: 1

      Most licenses have a clause where they get revoked if you sue their owner.

    10. Re:which patents? by Nadaka · · Score: 3, Insightful

      You guess wrong, Samsung wants the right to sell a tablet that happens to be rectangular with round corners in Europe back.

    11. Re:which patents? by kirkb · · Score: 1, Insightful

      If Samsung succeeds with their intentions, then every 3G phone also violates their patents. They've successfully trojan'd 3G standards.

      --
      Slashdot: come for the pedantry, stay for the condescension.
    12. Re:which patents? by Hohlraum · · Score: 1

      They could have done that with the 4. But how would they get you to buy the 4S then?

    13. Re:which patents? by samkass · · Score: 1

      Not quite. It's the same sensor as in the EVO 4G, but the "camera" functionality includes lenses, filters, packaging, and software. The lens is a 5-element F/2.4 lens. The filters include an "adaptive IR filter", which supposedly reduces noise significantly. The software includes tight integration with the new CPU allowing very fast picture taking (a little over a second to first pic, 0.5s per pic after that).

      It is definitely new. I'd say Siri is the magical part of the 4S, not the camera, but the camera is no slouch.

      --
      E pluribus unum
    14. Re:which patents? by Vapula · · Score: 3, Insightful

      Dual core processor... what you can find on other (slimmer) phones for months
      8MPixels camera... You also find it on other phone... And the size of the camera is barely different... The biggest part is the lens which didn't have to change.
      Voice recognition, available on Android for long
      There is nothing big about the new iPhone 4S... it's only trying to play catch-up with the other smartphones... And, yes, it's the best iPhone as each iPhone is better than the previous one (otherwise, nobody would purchase it).

      Oh... and about their A5 chip... more than 95% of it is "common IP cores" that can be found in many other chips... ARM core, 3D core, RAM, ... But it's more sexy to say "our brand new ultra-secret processor called A5" than to say "Our brand new ARMv7 two cores, 1GbRAM,XXX 3D core,...chip".

      And iOS5 will probably be available to other Apple devices... Those with older devices being left in the cold.

    15. Re:which patents? by Anonymous Coward · · Score: 2, Informative

      only if you break the clause that says your FRAND licence is revoked if you sue the owner.

    16. Re:which patents? by Altus · · Score: 2

      They did do that with the 4... they call it the 4S.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    17. Re:which patents? by lptport1 · · Score: 1

      Truly, you offer a compelling reason for converting away from Apple.

      Thank you. I shall go turn in my mighty Apple device, and acquire a baked potato.

    18. Re:which patents? by Patch86 · · Score: 1

      It is definitely new. I'd say Siri is the magical part of the 4S, not the camera, but the camera is no slouch.

      Oh, please don't describe Apple features as "magical". Really, really don't.

      I'm no Apple hater or anything like that (I mean, I wouldn't kick an iPhone out of bed or anything), but that's just letting the marketing executives win. Hearing it is like the slow realisation that the speaker is a pod person.

    19. Re:which patents? by amRadioHed · · Score: 1

      Which Android phone are you talking about? A Camera button is not a standard part of the Android interface. Most I've seen don't have a separate button for it.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    20. Re:which patents? by Bucky24 · · Score: 1

      Well you can't eat an iPhone, now can you?

      --
      All the world's a CPU, and all the men and women merely AI agents
    21. Re:which patents? by Nadaka · · Score: 1

      They didn't. Rectangular tablets with rounded corners have existed for decades. The aspect ratio and size is not similar either.

    22. Re:which patents? by gmon750 · · Score: 2

      Typical fandroid responses. "Been available on Android for long".... Kind of like how the android community preached the XOOM in all its multi-core, NVidia GPU glory, and it could not even outperform a 1-year-old single-core iPad. Apple gets the hardware and software working together like a swiss watch. It's the same tired responses from tech-heads that they refuse to accept. Android slaps together a bunch of half-baked solutions, supporters say "see!! we did it first", and cringes when iOS does the same thing, except it actually works and makes it simple for the joe-consumer to use.

      What's even more sad about these whiners is that they think consumers really give a rat's-ass what's under the hood of their phone. I've had both iOS and Android phones. Android is great for tinkerers and tech-heads that want absolute control over their devices. Everyone else (where the money is at) just want a toaster, and a darn-good toaster. And the /. dickheads here simply label those folks as too stupid to deserve using a smartphone if they are unable (or have no desire) to root their phone. Pathetic.

      That's why the iPhone is the single best selling (and most profitable) individual smartphone out there. Because it works well.

      They want to continue to behave childishly by calling me a fanboy, it's because I have better things to do with my time and life than to live in a basement and manage phone resources and overclock phone CPU's.

    23. Re:which patents? by wzinc · · Score: 1

      If a camera with five Apple-engineered lenses has been available in other phones, then Apple should be suing them over that, too.

      The custom lens uses five precision elements to shape incoming light. - http://www.apple.com/iphone/built-in-apps/camera.html

    24. Re:which patents? by wzinc · · Score: 1

      User-hostile? Try developing for Android.

    25. Re:which patents? by Toonol · · Score: 1

      Well, it is a nice upgrade, and I don't think that anybody can reasonably criticize Apple for throwing in a solid but non-revolutionary entry in their line. However, when somebody writes something like this:

      "put in the iPad2 A5 chip which still outperforms anything the competitors have, GPU performance 7-9 times faster than the already-impressive iP4, the nicest camera yet, and with iOS5 this is is a solid update for a phone."

      It is hard to resist pushing back against such a gushing of PR bullet-point-speak. Even if the particular points are true, that doesn't read like something that normal HUMANS write... it reads like a marketing release. I was expecting to find a "it just works" somewhere in the paragraph.

    26. Re:which patents? by __Paul__ · · Score: 1

      No, licence is perfectly correct.

      --
      worldmobilenet.com -- World Prepaid Wireless Internet plans
    27. Re:which patents? by V!NCENT · · Score: 1

      Copy designs? I don't know, but who's copying who here? Look at this pre-iPad released Samsung picture frame:
      http://www.blogcdn.com/www.engadget.com/media/2006/03/samsungpictureframe.jpg

      Or how about the iPhone 4, I mean, LG Prada that got released in 2006?:
      http://www.letsgomobile.org/images/reviews/0019/lg-prada-1c.jpg

      You tell me, what's so original about the iPhone 4 and iPad? Seems like Apple is the one who's copying.

      --
      Here be signatures
    28. Re:which patents? by ArhcAngel · · Score: 1

      "We have always been shameless about stealing great ideas." - Steve Jobs 1996

      You're right! According to Steve they should have shamelessly stolen the design instead.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    29. Re:which patents? by MikeyC01 · · Score: 1

      That's why the iPhone is the single best selling (and most profitable) individual smartphone out there. Because it works well.

      Nice skew on the data ... Sure the iphone as a device may outsell a SINGLE android model, but in terms of market share of mobile OS devices, the market has spoken and Android outsells ios - http://www.businessinsider.com/android-versus-iphone-smartphone-share-2011-4

    30. Re:which patents? by RyuuzakiTetsuya · · Score: 1

      No, Android doesn't have voice recognition, it support's Google's Voice Recognition API. It's all done via an API call to Google's services.

      Siri's entirely on the phone on the other hand.

      Also, the optics in the 4S are better than the optics on the N8, even has a slightly wider aperture size too at f/2.4

      The only two devices being left in the cold are the 3G and the 1st gen iPhone. Given the iPhone 3GS is free on contract as of the 14th, there's good reason to upgrade if you're still on the 3G.

      --
      Non impediti ratione cogitationus.
    31. Re:which patents? by Amouth · · Score: 1

      the Cube wasn't that bad - but Shuttle did it right with the XPC line

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    32. Re:which patents? by lptport1 · · Score: 1

      The only product listed that I have any experience with is the hockey puck mouse, and I'm glad I didn't own it.

      Apparently, Apple realized their mistakes and moved on.

    33. Re:which patents? by Anonymous Coward · · Score: 1

      Siri's entirely on the phone on the other hand.

      No, it isn't. First off, for basically anything that isn't playing iPod music, it has to access the data network. (You can't search for restaurants or find the weather without leaving the phone.) So right there it's already not "all on the phone."

      I'd bet just about anything that if you reverse engineered it, the bare minimum voice processing happens on the phone (converting voice to phonemes) and all the heavy processing is done on in the cloud. Maybe some precanned phrases might be done on the phone (so you'd at least be able to set an alarm without a data connection), but beyond that, I doubt much of anything is done on the phone.

      Keep in mind, apps like Siri already exist for Android and have for some time. (Hell, they used to exist for Apple too, but they're be silently deleted from the app store at this very moment.)

      The camera is old tech that's been available on Android phones for ages. Siri is old tech that used to be available as an iPhone app.

      Seriously, the only thing new about anything in the iPhone 4S is that it's the first time Apple's done it. I can't wait until next week when the new Android handsets come out and make the 4S look like the obsolete handset it already is. It's going to be hilarious. I'm already stocking up on popcorn.

    34. Re:which patents? by almitydave · · Score: 1

      "fandroid"

      Haven't heard that before - good one! Would that make anyone who excitedly repeats Apple's hype over and over a "fapple?"

      --
      my, your, his/her/its, our, your, their
      I'm, you're, he's/she's/it's, we're, you're, they're
    35. Re:which patents? by UnknowingFool · · Score: 1

      They could have put an A5 into the 4 before they put on an A4? Highly unlikely. I don't know if you've seen a teardown of the iPhone 4 but there wasn't a lot of extra space in them. World mode or whatever they want to call it has been available but the phones weren't exactly thin.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    36. Re:which patents? by Lordrashmi · · Score: 1

      Siri's entirely on the phone on the other hand.

      Sorry, you are mistaken: http://macintude.net/2011/10/04/apple-unveils-beta-voice-control-service-siri/

      Speech recognition will work in English (UK, US and Australian), French and German in it’s beta release. A data connection is also required to work.

      (about halfway through the article). That being said, Siri looks more advanced then the default voice recognition built into android, though some similar 3rd party apps exist for android.

    37. Re:which patents? by CapuchinSeven · · Score: 1

      Voice recognition, available on Android for long There is nothing big about the new iPhone 4S...

      You should read more.

    38. Re:which patents? by Kalriath · · Score: 1

      Nope. They can invoke the Mutually Assured Destruction clause.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    39. Re:which patents? by metalgamer84 · · Score: 1

      My guess is he/she refers to the HTC EVO 3D, which has a dedicated button on the side.

    40. Re:which patents? by WorBlux · · Score: 1

      The particular licenses in this case are not publicly available, however considering how the Samsung lawyers are not complete idiots, there is something in that licence that makes them believe they may prevail in a lawsuit.

    41. Re:which patents? by CubicleView · · Score: 1

      You can if it's been sufficiently blended.

    42. Re:which patents? by i_b_don · · Score: 1

      ???

      This isn't playing like babies, this is playing like the big boys. (although in this case I'll admit it's the same thing.)

      Patents are nukes. If you get in the way of some large company's business by throwing a few patent lawsuits around, they will retaliate. This is Samsung's way of getting leverage and forcing a negotiated settlement. If you call out companies like Samsung this is exactly how you'd expect them to respond. This is not in the slightest childish.

      This is not childish, this is business.

      Unless you're calling Apple childish for dropping the first patent bomb. I think their lawsuit was stupid... but they simply thought they had a strategic advantage and that Samsung couldn't hurt them much in return. Samsung has responded by pulling an ace out of their hand and dropping it on the table. In theory, a critical patent like this is supposed be licensed in a fair and non-discriminatory manner as agreed upon within a standards body, but I don't know how legally binding the standards bodies agreements are. In any case, it would probably be settled in court AFTER they got an injunction against apple, and this would mean years of Apple being blocked from whatever market they could get.

      Wait a minute... why doesn't apple have a license for 3G patents already? The standards bodies say you have to license them in a fair and non-discriminatory manner... so if apple had a license already, everything would be cool because they'd have a contract stating their rights. But if they don't have a license... then they ARE violating the patents. Why wouldn't Samsung have approached them way before this and said "hey, license our tech or we'll sue"? Hm.... some part of my understanding is not correct here....

      d

      --
      all language nazi's will burne in heil!
    43. Re:which patents? by rtfa-troll · · Score: 1

      Most likely not; even ignoring the fact that Apple is quite likely to have broken the terms of their RAND agreement (in which case they are completely screwed). The RAND patents are the ones which are fundamental to the standard; ones which you have to have and there is no alternative to. There are lots of patents on things like power optimisation which aren't needed to implement the standard but without which you have a terrible product. This will include a whole load of clever receiver optimisations, processing stuff etc. etc. whcih Apple just will be using.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    44. Re:which patents? by Coolhand2120 · · Score: 1

      Uhh, I did, it was pretty easy. Just download eclipse and the android API and you get not only a wonderful IDE but a full blown android emulator that can emulate any android device - all for free. I didn't have to sign anything, give my name out, pay money. I made my app and installed it on my phone. Nobody even knew I did it but me.

      Apple? Well first you need to sign up, at the cost of at least $100. Then you'll have to obtain the API which is under lock and key (that's why you must sign up). Then you'll have to figure out how to make it work in whatever IDE you'll be using. Even if you get all that working and have paid Apple off, there's a chance that Apple will smugly say "Sorry, you don't get to do that." and without reason pull your app.

      So ya, Android is a breeze, if they made it any easier the damn apps would write themselves. Apple wants to stick it to devs just as much as it wants to stick it to consumers. Apple is like a hydra, but instead of many heads it has many dicks that it goes around fucking everyone with, you cut off one dick and two more dicks grown in its place. Terrifying.

    45. Re:which patents? by rtfa-troll · · Score: 1

      Personally I'm waiting for you to condemn rape attackees for attempting to defend themselves. How dare they try to fight back. After all, fighting is always wrong - right?

      No; wrong. If you are attacked you use whatever you have that you need to use to defend yourself up until the time that the other side stops. Samsung has tried the friendly, try to negotiate your way out of it, approach. Apple is out for war and Samsung has no choice but to return fire. Samsung should go nuclear as much as possible. They have 12k patents. Every single one of those that Apple is infringing should be brought up in every location where it plausibly and reasonably can be.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    46. Re:which patents? by Coolhand2120 · · Score: 1

      The camera button shows up on the reference (emulator) phone in the android API so I'm pretty sure it's a standard part.

    47. Re:which patents? by jo_ham · · Score: 1

      They really did. They practically photocopied the iPad and the iPhone and sold it.

      Notice how Apple are not trying to block other Android phones and tablets from sale, since they aren't direct rip offs of the ipad right down to the box design.

      And yes, rectangular tablets with rounded corners have existed for some time, even pre-iPad. If you think that's all there is to it, I have a bridge to sell you.

    48. Re:which patents? by Totenglocke · · Score: 1

      Except in some cases, two wrongs do make a right. This is Samsung retaliating for Apple's bogus lawsuits since Apple refuses to innovate. In this case, it's good for Samsung to do this because it might make Apple start competing with their products instead of suing to block competitors from selling their products.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    49. Re:which patents? by Totenglocke · · Score: 1

      He's also missing that a 1 GHz dual core is already outdated when the competition is releasing 1.5 GHz dual core processors in their phones.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    50. Re:which patents? by mirix · · Score: 1

      You realise lenses that have multiple elements are cave-tech, yes?

      --
      Sent from my PDP-11
    51. Re:which patents? by ShakaUVM · · Score: 1

      >>Fuck em. I'm boycotting Samsung over this bullshit. This isn't the way reasonable companies work with one another.

      Yeah, me too. I've boycotted all corporations that own patents.

      (Please don't ask how I'm posting this from my backcountry shack in Montana.)

    52. Re:which patents? by rtfa-troll · · Score: 1

      Don't be stupid. There will come a point where Apple is at Samsung's mercy. If Samsung then proceeds to actually kill off Apple's product lines and close the company then they will be in the wrong (though we don't actually expect the victim to show much restraint; that's the job of the justice system). If Samsung also used it to shutdown the US economy closing down Microsoft and IBM at the same time then your post might actually be related to the situation. However, most likely they will just ask for money and some limitations on Apples behaviour. Or do you think that having successfully fought off a rapist you should tell the police to just leave him alone?

      You seem very frustrated by being called on this? Did your supervisor just give you a ticking off for not? You would do better if you read bits like until the time that the other side stops in the grandparent and didn't just drop them so that you can make up the post you would like to answer instead of having to answer the post that is actually there.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    53. Re:which patents? by CheerfulMacFanboy · · Score: 1

      Most licenses have a clause where they get revoked if you sue their owner.

      Sure, but most FRAND licenses don't.

      --
      Fandroids hate facts.
    54. Re:which patents? by CheerfulMacFanboy · · Score: 1

      Errm what? Samsung isn't trying to ban sales of the iPhone 3GS and 4 because Apple could just stop selling them? What kind of logic is that? OTOH, Samsung may use just that kind of logic.

      --
      Fandroids hate facts.
    55. Re:which patents? by green1 · · Score: 1

      No, Android doesn't have voice recognition, it support's Google's Voice Recognition API. It's all done via an API call to Google's services.

      Siri's entirely on the phone on the other hand.

      I've been using vlingo on my android for about a year now (and it was available before that as well) Near as I can tell it does everything Siri does. And it works completely on the phone (though I think it can also improve itself somewhat if you allow an internet connection)

    56. Re:which patents? by green1 · · Score: 1

      better yet, the "magical" part of the 4S is a feature I've been using on my Android device for over a year...

    57. Re:which patents? by JohnBailey · · Score: 1

      Fuck em. I'm boycotting Samsung over this bullshit. This isn't the way reasonable companies work with one another.

      Make sure you also boycott products that use Samsung parts..

      --
      It is difficult to get a man to understand something when his job depends on not understanding it.
    58. Re:which patents? by wzinc · · Score: 1

      Actual quote: "The sharpest, most vibrant, highest-resolution phone screen ever." I don't know what "production phone" means, but the iP4 does have a higher pixel count. A google search reveals the LU1400 is an LG phone. It has a 800 x 480 display while the iPhone 4 has 960 x 640. Looks like Apple wasn't lying.

      http://www.engadget.com/2008/12/28/lgs-lu1400-swivels-right-into-your-heart/
      http://www.apple.com/iphone/specs.html

      Where else is there to get tech specs besides marketing materials? You say that like it's an insult. Am I supposed to count the pixels manually? It is Apple's job to put their products in a good light, but they've never lied. I check-out a lot of their claims. Whatever your opinion on what "resolution" means, I can see them not knowing about some LG phone only sold in South Korea. Still, they were not lying.

    59. Re:which patents? by That+Guy+From+Mrktng · · Score: 1

      LG Prada 2006

      Rectangle: check
      Rectangle with rounded corners: check
      rectangle with rounded corners and capacitative touchscreen: check

      Who is copying whom, again?

    60. Re:which patents? by Totenglocke · · Score: 1

      It's an AC troll man, just ignore them :)

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    61. Re:which patents? by amRadioHed · · Score: 1

      I'm not saying it's not supported in the OS, I'm saying it's purely optional, unlike the four buttons on the front. None of the Nexus phones have a camera button, although the first reference phone, the G1, did.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    62. Re:which patents? by V!NCENT · · Score: 1

      If you can't spot the equalities, I seriously suggest you see a brain surgant, because something must have realy went wrong with the cognitive developments in your brain before your birth...

      Yes, Samsung copied the GUI, just as much as Apple totaly ripped of Xerox icons concept. This is such a tiny ant-fucking-small nittpicking bullshit argument...

      --
      Here be signatures
    63. Re:which patents? by gutnor · · Score: 1

      FRAND is not revoked if you sue the owner on something not related. Samsung can use their 3G patent to defend against Apple - but using them in retaliation is contrary to the "N" (Non-Discriminatory) part of FRAND. (Note that this is Apple argument that the patent is necessary to implement 3G. If not, then it is simply not part of the FRAND license)

    64. Re:which patents? by t2t10 · · Score: 1

      They don't actually need to prevail, just block Apple for the Xmas season. Tit-for-tat.

    65. Re:which patents? by t2t10 · · Score: 1

      By that token, none of Apple's products should be allowed to sell: iPhone, iPod, and iPad are rip-offs of other people's designs and products.

    66. Re:which patents? by t2t10 · · Score: 1

      Credit for what? The iPhone 4S is worse on just about every spec than the Galaxy S II, a phone that has been out for months. What's "new" in iOS 5 and iCloud is mostly rip-offs from Android and still doesn't even catch up with it.

      And because Apple knows that they are way behind, they are trying to stop Samsung with bogus lawsuits.

    67. Re:which patents? by Nadaka · · Score: 1

      I think it leans more towards everyone being able to sell their products.

    68. Re:which patents? by UnknowingFool · · Score: 1

      It doesn't cost you anything to develop for iPhone if you have a Mac. To get the latest Xcode is $5 if you have Snow Leopard or older. To publish to the store and distribute to the world is $100.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    69. Re:which patents? by V+for+Vendetta · · Score: 1

      Wait, what? APPLE "refuses" to innovate? Tell me, friend - which of these things came first: iPad, or Galaxy Tab? (hint: not the Samsung product.) iPhone, or Galaxy? (hint: not the Samsung product.) Who is copying whom, again?

      Yeah, sure. There haven't been countless "tabs" before the iPad and countless "smartphones" before the iPhone. Or MP3 players before the iPod. Oh, and I forgot ... the earth is flat.

      Apple is good a getting things done right. Picking up concepts done by others, recognizing their potential if done right and then actually doing it right. But the last time Apple inovtated something was probably around the days of the Apple ][

    70. Re:which patents? by Coolhand2120 · · Score: 1

      It doesn't cost you anything to develop for iPhone if you have a Mac.

      $105 > $0

    71. Re:which patents? by Coolhand2120 · · Score: 1
      http://developer.apple.com/xcode/index.php
      Wow, looks like I have to log in just like I said. And if you want to publish an app you still need to sign up (as a publisher) at the cost $100, just like I said. I didn't know about the $5 charge, thanks, I'll add that to my next rant. I really can't look around the Apple developer site much because absolutely everything requires that you logon. You can still have your app rejected by Apple without explanation. The stupid part is Apple doesn't need to 1) charge $100, 2) charge $5 3) require an account. But they do. And the only legitimate reason for doing that is so they can 1) make money off struggling developers 2) track your actions on their site.

      Apple is not scarry

      Being charged money for no apparent reason is scary to me.



      nothing I said about the android SDK is false, if you don't like it, that's another issue altogether, but don't say I'm wrong just because you don't like it.

      Also, android doesn't have this stupid shit:
      http://developer.apple.com/appstore/guidelines.html

    72. Re:which patents? by UnknowingFool · · Score: 1

      Did you read anything that I wrote? You can get the APIs for free if you register as a developer (for free). You can get the toolkit for free if you have a Mac. You can develop all the apps you want on your own device for free. To use the App Store to distribute your apps beyond your device is $100.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    73. Re:which patents? by Coolhand2120 · · Score: 1

      Ya, you don't get what I'm saying?! That's $100 more than it costs to develop for android. You must sign up with Apple for no apparent reason just to get the damn API, while you don't have to do that for android. There's no reason to have to do that besides "Apple just wants you to" and there's no doubt in my mind that they do that so they can make more money from developers! That's exactly what I'm complaining about. Having to jump through a bunch of hoops for no reason, pay money for no reason.

      You don't have to do anything like that for Android. I don't want to "register as a developer", in fact I'm sick of registering for anything especially when it serves no purpose. Don't you get that!? $100 > $0. One platform is totally free, the other cost $100 and they may reject your app for no reason.

    74. Re:which patents? by Coren22 · · Score: 1

      Also, AC should boycott Apple as they started this shit.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    75. Re:which patents? by Coren22 · · Score: 1

      So, why isn't Barnes and Noble on Apple's suits? The Nook Color looks like an iPad too.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    76. Re:which patents? by V!NCENT · · Score: 1

      If we're going on this path, then you're once again horribly wrong, because it doesn't have the exact same design:
      Three buttons on the front, camera in the back, much slimmer, not antenna's on the side, much slimmer, different size, not glass... etc, etc, etc, et-fscking-cetera.

      "Simpleton!" sais the ignorent brain-damaged fanboy.

      --
      Here be signatures
    77. Re:which patents? by jo_ham · · Score: 1

      In all aspects? Box art and design, physical design, UI etc?

      It's all on margins - there's no shortage of black rectangles with rounded corners in the mobile market, but the Nook is clearly different enough to differentiate itself from the iPad, as is the Eee pad Transformer and so on.

    78. Re:which patents? by SlippyToad · · Score: 1

      Ah, I see we still have the -1 "You're Wrong, Bitch" moderation category.

      Or is it the -1 "I disagree with you but am too chickenshit to say so" category?

      --
      One day I feel I'm ahead of the wheel / the next it's rolling over me / I can get back on / I can get back on
    79. Re:which patents? by PintoPiman · · Score: 1

      You guess wrong, Samsung wants the right to sell a tablet that happens to be rectangular with round corners in Europe back.

      lol, just "happens" to have the size and shape of an ipad. and the colors. and the charger. and the home screen. and the box.

      in other news, I'm going to start a band. Our name will just "happen" to start with a "B" and then have a few other letters after it that will just "happen" to come in the order "e-a-t-l-e-s". IP law isn't so ludicrous as to prevent me from advertising that, is it? Like who can trademark the letter "e"?

  4. Re:If you can't by Tekfactory · · Score: 2

    And not because Apple did the same thing to Samsung using a German court to block sales of the Galaxy Tablet in Europe?

  5. Re:Patents are bad... by buchner.johannes · · Score: 1

    This is about hardware and design patents -- not software patents that are just ideas dreamed up. They actually built the thing.

    --
    NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
  6. Re:If you can't by ByOhTek · · Score: 2

    Yeah, were you saying that when Apple did the same thing to Samsung?

    Both suits are garbage, but I hope Apple gets to taste some of their own medicine here.

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  7. Sammy are wielding some WCDMA patents by Quick+Reply · · Score: 1

    Sammy has taken off the gloves and has taken out the big guns... WCDMA patents. They could have gone after basically every 3G device there is (if they were assholes) but have used them very strategically to stick it to Apple, while actually gaining popular support for using a broad patent in their arsenal.

  8. Re:If you can't by Corbets · · Score: 1

    And not because Apple did the same thing to Samsung using a German court to block sales of the Galaxy Tablet in Europe?

    Two wrongs and a right - ever hear that one? ;)

  9. Re:Patents are bad... by cheeks5965 · · Score: 1, Funny

    ooh burrrn!

    --
    -- Flame me and I will happily flame you back. Bring it!
  10. Re:If you can't by Oswald+McWeany · · Score: 1

    It's not OK... ... but it is amusing.

    --
    "That's the way to do it" - Punch
  11. Re:If you can't by Quick+Reply · · Score: 2

    Two wrongs and a right - ever hear that one? ;)

    Well actually they do. If Samsung are blocked by Apple from selling their products, and Apple are blocked by Samsung from selling their products as well, that will force them to make a patent settlement to get them out of a stalemate that hurts both companies.

  12. I have been wondering for some time by cyfer2000 · · Score: 1

    Is this some kind of strategy Samsung and Apple help each other to get more attention and more profit?

    --
    There is a spark in every single flame bait point.
    1. Re:I have been wondering for some time by Noughmad · · Score: 1

      Somehow, I don't think having their flagship products blocked will get them much profit.

      --
      PlusFive Slashdot reader for Android. Can post comments.
    2. Re:I have been wondering for some time by Arancaytar · · Score: 1

      No, Samsung and Apple just felt their lawyers weren't making enough money.

    3. Re:I have been wondering for some time by Bucky24 · · Score: 1

      I imagine at this point both companies have lawyers on the payroll, rather than paying them per-case.

      --
      All the world's a CPU, and all the men and women merely AI agents
    4. Re:I have been wondering for some time by Tomato42 · · Score: 1

      well, now they have higher utilization, so they are actually cheaper

      That's enough of beancounter logic for today...

    5. Re:I have been wondering for some time by mliu · · Score: 1

      Generally, even though big corporations have a lot of lawyers on their payrolls, they will still hire an outside lawfirm or a few outside lawfirms to handle complex and specialized litigation like this dispute between Apple and Samsung.

    6. Re:I have been wondering for some time by poofmeisterp · · Score: 1

      Is this some kind of strategy Samsung and Apple help each other to get more attention and more profit?

      Samsung was banned from the countries because of supposed patent issues, so it's a cock length contest. If they aren't allowed in, no one else should be, either.

      It's sort of like telling on your neighbor that has tall grass when you were cited a week earlier for grass that was too tall, breaking city ordinance.

    7. Re:I have been wondering for some time by poofmeisterp · · Score: 1

      well, now they have higher utilization, so they are actually cheaper

      That's enough of beancounter logic for today...

      My Statement: Beancounter logic makes my blood boil.

      Do their lawyers cover that? Oh, wait, of course they do. Silly me for asking. :->

  13. They have been vioating them all along. by pavon · · Score: 5, Insightful

    which patents could apple possibly be violating that they were violating already?

    This is over patents that Apple has been violating all along. Nokia, Motorola, Samsung and have all been tryng to negotiate licensing deals with Apple since the day the iPhone was shipped and they still haven't come to an agreement. The different companies have had different thresholds of how far they are will to push negotiations before suing. Apple crossed Samsungs threshold when they used a shitty German "Design Patent" to force the Galaxy Tab off the market because it was a black rectangle with rounded corners.

    What it all comes down to is that Apple thinks that it should be able to license all the hardware/communication patents that these companies hold under FRAND terms, while at the same time refusing to license any of it's software patents. Many of the communication patents are related to the GSM/CDMA standards, and thus do require FRAND licensing, but not all of the hardware patents.

    1. Re:They have been vioating them all along. by chrb · · Score: 1

      Many of the communication patents are related to the GSM/CDMA standards, and thus do require FRAND licensing, but not all of the hardware patents.

      Even with the FRAND patents, it is not so clear cut. What one person believes to be "fair and reasonable" may differ from another person's interpretation. Because of patent cross-licensing, and the fact that there is no independent examination of potential RAND patents during the standardisation process, the result is that a) nobody really knows which patents are (or should be) considered RAND, and b) there is no "fixed price" for licensing RAND patents. "In reality FRAND is nebulous and undefined, with almost no specific rules for determining what a 'fair, reasonable, and non-discriminatory' license actually is." - Engadget.

    2. Re:They have been vioating them all along. by chrb · · Score: 2

      And they _MUST_ do so at a rate that is Fair and Reasonable. Anything else is a breach of their F/RAND obligations.

      Indeed, and Samsung is willing to license their FRAND patents in terms that they believe to be Fair and Reasonable and Non-Discriminatory: a cross-license of all Apple patents in order to protect their (Samsung) products. Whether that is, in fact, "Fair and Reasonable and Non-Discriminatory" is an issue for the courts to decide.

    3. Re:They have been vioating them all along. by Altus · · Score: 1

      It didn't work out that well for Nokia did it? They got some cash but they didn't get the cross licensing agreement they wanted.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    4. Re:They have been vioating them all along. by jo_ham · · Score: 1

      Samsung can *ask* for cross licensing, but they are not entitled to it - it's up to Apple what they offer in trade for the FRAND patents, as long as they offer something of the same value that everyone else paid (whether that be cash, patents, old phone books, pint glasses full of brown M&Ms).

      Samsung can't get pissy because Apple doesn't want to cross licence patents. If Apple wants to pay in cash, Samsung are required to take it - those are the breaks for having a patent in a global standard that everyone *must* use.

      Apple already has a licence - it has paid for the use of the 3G patents. Samsung is trying to claim that one of the "essential" patents has not been covered.

      So if they win, they have successfully Trojaned the 3G standard, and everyone who uses 3G in their product will owe them whatever Apple ends up paying, or they're just trying to cause trouble for Apple.

    5. Re:They have been vioating them all along. by chrb · · Score: 1

      In actual fact, Nokia was the one that petitioned the court for a cash settlement: "since all Nokia's asked the court to do is set a price, it's clearly willing to simply accept cash and move on." - Engadget.

    6. Re:They have been vioating them all along. by chrb · · Score: 1

      If Apple wants to pay in cash, Samsung are required to take it

      Yes, but how do you assign a dollar value to a patent pool?

      Apple already has a licence - it has paid for the use of the 3G patents. Samsung is trying to claim that one of the "essential" patents has not been covered.

      The patent system is not as simple as you think. Purchasers and licensers of technology can be sued for patents that are infringed by components that they use in their product (see, for example, Sco suing Red Hat customers rather than Red Hat). If the 3g chipset infringes, then Samsung has the lawful right to sue any customer using that chipset. They do not have to sue the manufacturer or designer of the chipset.

      So if they win, they have successfully Trojaned the 3G standard

      Again, the patent system is not as simple as you think. I recommend reading this 2009 writeup by a patent lawyer. Because of patent cross-licensing, and the fact that there is no independent examination of potential FRAND patents during the standardisation process, the result is that a) nobody really knows which patents are (or should be) considered FRAND, and b) there is no "fixed price" for licensing FRAND patents. "In reality FRAND is nebulous and undefined, with almost no specific rules for determining what a 'fair, reasonable, and non-discriminatory' license actually is."

      and everyone who uses 3G in their product will owe them whatever Apple ends up paying

      Everybody already does. That's how the patent system works. There is no "dollar value" assigned to Samsung's patents, and determining what other corporations have "paid" is hard because everybody cross-licenses patent pools. If the courts assign a dollar value to the patents, then yes, everybody will have to trade either cash or patents of a similar value. That is exactly what is supposed to happen. But if the court decides that the dollar value is, say, $1 trillion, then obviously that will be too much for Apple, and they will have to trade their own patent pool instead of paying cash. How much are essential wireless patents actually worth? If the patents really are essential, it could be several billion dollars.

    7. Re:They have been vioating them all along. by chrb · · Score: 1

      Oh, and Nokia did in fact get a patent cross-licensing agreement with Nokia. The terms haven't been disclosed, so who knows if they "got what they wanted".

    8. Re:They have been vioating them all along. by t2t10 · · Score: 1

      You're making a lot of assumptions. Samsung's patents may not fall under the consortium agreements at all. And even if they do, Apple may be in violation of the consortium agreement.

      Eventually, the consortium may simply decide to kick out Apple permanently if Apple isn't actually contributing anything of value, in which case Apple can forget about LTE and other new standards.

      Apple is vulnerable here because they really are dependent on so many other people's technologies for their products. If they piss off enough companies, people may start playing hardball with them.

    9. Re:They have been vioating them all along. by jo_ham · · Score: 1

      Why would they be kicked out of a consortium they are not involved with, other than using the standards set out by the group?

      You can licence 3G patents without having anything to do with their design, implementation or features - if you want to make a cellular device that works on the standard you simply *must* pay to use them, but there's no requirement that you actively contribute to them, apart from paying the licence fees.

      That "non discriminatory" bit pops up again - the patent holders who have 3G patents in the "essential" pool cannot simply kick Apple to the curb because it isn't doing what they want. That's the price of the FRAND system - in exchange for making your patents essential to a global standard, there are rules to follow.

  14. Re:Patents are bad... by vadim_t · · Score: 2

    Patents are bad. Patent lawsuits that create problems for Apple are good, because they're likely to get noticed and hopefully result in improvements.

    Lawsuits over say, patents related to RAM are obscure, hard to understand, and in the end only drive up the prices. The global economic impact might be huge, but the average user won't notice much, so chances are nothing will get fixed.

    However when people are not able to buy the phone they want that gets their attention, and maybe will get them to see that the system could use improvements.

  15. great i live in germany :) by ardiri · · Score: 1

    any plans to ban it germany, file a motion in berlin? these patent wars are getting stupid - why not just share the knowledge and build an awesome product instead of all this crazy fighting over who has the biggest penis.

    1. Re:great i live in germany :) by Gr33nJ3ll0 · · Score: 1

      It's not over penis size, it's all about profits. If you can't sell your product, I pickup your customers, you make 0 dollars. Far more serious.

    2. Re:great i live in germany :) by iainl · · Score: 1

      The knowledge is shared. The only reason Samsung know that a device nobody other than a handful of journalists have held in their hands outside Apple is because it's impossible to implement standards without doing so. Those standards state that Samsung have to offer a licence under RAND principles to Apple, however, and they haven't done so.

      Samsung have just pulled their pants down before challenging Apple to a "kicking each other in the balls" contest; not very wise.

      --
      "I Know You Are But What Am I?"
  16. Re:If you can't by BatGnat · · Score: 2, Insightful

    It's ok for Samsung to do it because Apple are a bunch of poo-poo-heads!!!!

  17. One big one by Sycraft-fu · · Score: 2

    It has a WCDMA radio in it. Samsung holds a patent related to that kind of thing. In the older iPhones, only the Verizon ones had CDMA radios, the AT&T ones had GSM. Now I suppose Samsung could have gone after them, but that might risk angering Verizon and Samsung doesn't want to do that. This one though, all phones have both radios so they can go after it and try to block it generally.

    1. Re:One big one by jpstanle · · Score: 2

      It has a WCDMA radio in it. Samsung holds a patent related to that kind of thing. In the older iPhones, only the Verizon ones had CDMA radios, the AT&T ones had GSM. Now I suppose Samsung could have gone after them, but that might risk angering Verizon and Samsung doesn't want to do that. This one though, all phones have both radios so they can go after it and try to block it generally.

      Every single iPhone since the release of the iPhone 3G has a WCMDA radio in it. While the 2G GSM standard used a combination of TMDA and FDMA, the 3G UMTS standards (Commonly referred to as 3G GSM because they evolved from GSM/GPRS/EDGE, but aren't really GSM at all) use WCMDA technology. CDMA and WCDMA are very general multiple access schemes that are used in multiple standards. When people say "CDMA" talking about an access standard, they probably mean something like CDMA2000 or another standard from that family.

    2. Re:One big one by jpstanle · · Score: 1

      Slight clarification/correction: WCDMA itself is NOT a general term for wideband CDMA techniques, it is a specific implementation of code-division unique to the 3G UMTS standards.

  18. What about laches? by stating_the_obvious · · Score: 2

    IANAL, so I probably shouldn't even speak these word, but doesn't the equitable doctrine of laches mean that if Samsung knew that everybody was violating their WCDMA patents and did nothing to enforce them, then they eventually forfeit the right to enforce them.

    Although now that I think about it, they might be trying to enforce WCDMA patents specific to HSPA+, which wasn't present before the 4s.

    If anyone knows, speak up.

    1. Re:What about laches? by nomadic · · Score: 1

      When it comes to unreasonable delay in bringing suit, yes, laches might kick in. The fact that they didn't sue other parties as far as I know (and I am not a patent lawyer and have never worked in that field at all) wouldn't really matter. An affirmative defense like laches is unique to a specific party; Apple can only really argue Samsung unduly delayed bringing suit against THEM, not against unrelated third parties also infringing. From a practical standpoint, Apple would likely have no idea who's infringing or who's not. A supposedly infringing party might have made a licensing deal with Samsung, the details and existence of which are none of Apple's business.

    2. Re:What about laches? by Theaetetus · · Score: 1

      IANAL, so I probably shouldn't even speak these word, but doesn't the equitable doctrine of laches mean that if Samsung knew that everybody was violating their WCDMA patents and did nothing to enforce them, then they eventually forfeit the right to enforce them.

      Not exactly - instead, it's an anti-trust issue. You can't help to establish an industry standard, and then suddenly demand unreasonable royalties or limit competitors from using the standard. Samsung needs to tread carefully, because this could get the Department of Justice involved.

    3. Re:What about laches? by Overzeetop · · Score: 1

      Not even close. A patent is, by definition, a monopoly on a specific technology which is granted by the government specifically for this purpose - to prevent unauthorized use and theft of intellectual property (well, really to advance the arts and sciences, but who are we fooling).

      Patents are not like trademarks, which must be defended - they can be cherry picked. All that is necessary is to prove that someone used your technology without a license. It's like speeding (to bring this back to a car analogy) - it doesn't matter if everyone else on the road was doing 90 and passing you in a 65 zone, if the cop clocked you at 80, you're still violating the law, and he can pull you over - and you'll lose in court. This is kind of the situation - everybody is doing it, Apple just decided to flip the cop the bird as they went by.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    4. Re:What about laches? by erice · · Score: 1

      Patents don't work that way. You are probably thinking of trademarks. If you don't promptly and aggressively defend your trademark you can lose it. Patents and copyrights have no such requirement.

    5. Re:What about laches? by phorm · · Score: 1

      Which is why they have FRAND agreements with other companies... in which case they cross-license some patents, possibly trade a bit of cash, and agree to *gasp* NOT SUE EACH OTHER.

      I'm not a Samsung fanboi. In fact until recently I rather disliked/avoided Samsung as they had a tendency to do stupid/annoying things like create custom connectors for their charging/headphone ports. After issues I've had with Apple and later Motorola products/support, I decided to give them another go (after first ensuring that they had a standard bloody connector) since they had one of the best-specc'ed/reviewed devices. So far I've been very happy with my phone, and I'd hate to see a world where some B.S. black-rectangle patent warfare prevents me from having access to a superior (and DIFFERENT) product.

    6. Re:What about laches? by iluvcapra · · Score: 1

      IANAL, but if others use a particular patented technology for a period of time and are able to make money doing it, with Samsung's knowledge, it becomes more difficult for Samsung to sue later because the others can claim an estoppel by acquiesence has been created. It's even worse if Samsung has made positive statements that it will not sue others, even outside the context of a contract, and then later decides to enforce its rights against one or all.

      Laches can apply to any right, you can't permit your rights to be violated for long periods of time and to your detriment, and then suddenly attempt to enforce them. I suspect laches wouldn't be a good defense for Apple in this case because there really hasn't been very much time.

      Also laches and estoppels exist at common law, and Europe doesn't use common law :)

      --
      Don't blame me, I voted for Baltar.
    7. Re:What about laches? by Theaetetus · · Score: 1

      Not even close. A patent is, by definition, a monopoly on a specific technology which is granted by the government specifically for this purpose - to prevent unauthorized use and theft of intellectual property (well, really to advance the arts and sciences, but who are we fooling).

      Um, yeah. I'm a patent attorney. Not sure what your point is. Do you believe that, because patents are limited monopolies, they aren't subject to anti-trust regulation? If so, that's incorrect. Here's a transcript of a presentation on antitrust and patents by the DoJ, in fact. Here's a particularly relevant quote to the Samsung-Apple fight and my previous post: "unconditional refusal to license a patent could give rise to antitrust liability."

    8. Re:What about laches? by Theaetetus · · Score: 1

      Which is why they have FRAND agreements with other companies... in which case they cross-license some patents, possibly trade a bit of cash, and agree to *gasp* NOT SUE EACH OTHER.

      ... over those patents. If (as seems likely) Apple's design patents weren't part of the cross-licensing agreement on wireless communications, then Apple is free to sue Samsung for infringement on those. Samsung is likewise free to sue Apple on any of its other patents... but neither can sue based on patents that were part of that patent pool, which is what Samsung seems to be doing.

    9. Re:What about laches? by rtb61 · · Score: 1

      The reality here is, everyone knows that all the major companies violate each others patents, in a Mexican stand off, they choose not to sue each other into oblivion. Apple broke that stand off and no will simply be forced to recant it's patent suit or suffer oblivion.

      Samsung is in the far better position, it manufactures a complete rang of appliance household (not digital but major electrical) and commercial as well as phones and computers.

      The reality is that Samsung could pretty much give away tablets, if it allowed their other appliances into the door, stoves, fridges, air conditioners, washing machines, big screen TV, basically tens of thousands of dollars of gear. Samsung could quite readily do a rewards scheme, buy enough appliances and earn free tablets to remote control them and then add in content distribution. In fact you can quite readily imagine a "Samsung Digital Home" all controlled from a Samsung Android Tablet and against that Apple has nothing, hence the desperate patent challenges to block competition.

      --
      Chaos - everything, everywhere, everywhen
    10. Re:What about laches? by Builder · · Score: 1

      When last was the doctrine of laches used to successfully defend against a patent case? And how often has it been successful?

      I thought so...

    11. Re:What about laches? by t2t10 · · Score: 1

      How do you know what patents they are suing over? They have good lawyers. Most likely they are suing over patents that are not part of the agreement.

      Even if they are, all they need to do is get an injunction to prevent Apple from selling the 4S over Xmas. Whether they prevail eventually doesn't really matter, just like it doesn't matter to Apple whether Apple eventually prevails with their stupid design patents.

    12. Re:What about laches? by Coren22 · · Score: 1

      Define unreasonable. My understanding is that all of the RAND patent holders have been trying to get Apple to pay licensing fees, and there has been no agreement as of yet on what is reasonable to both parties. If I don't license your patent, but for years sell product that use your technology, you wouldn't sue me after a while?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  19. I can has galaxy tab now pls by w0mprat · · Score: 1

    Unlike the "look and feel" patents Apple is blocking the new Samsung Galaxy Tab over, this is actual real patent. On a side note, patent system still broken.

    --
    After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
    1. Re:I can has galaxy tab now pls by blair1q · · Score: 1

      Having to enforce your patent is not "patent system still broken".

      It will only be broken if Samsung's patent enforcement is not upheld after Apple's was.

  20. Re:Patents are bad... by Genda · · Score: 2, Insightful

    Yeah, they built a working physical representation of a "2001 A Space Odyssey" handheld tablet computer (or a Star Trek ALCARS handheld tablet, or any of a couple hundred tablet computers described in sci-fi stories over the last 50 years.) Then effectively under threat of law claimed that the tablet was their original idea and that anyone building one needs to pay them. This either makes them brazenly stupid or brashly assholerific. I'll let you pick, please, be my guest!

  21. Re:Patents are bad... by Riceballsan · · Score: 2

    Well samsung is actually doing this in revenge for a hardware patent, admitted a retartedly vague one for a rounded rectangle with a touch screen, but that no less is a hardware patent.

  22. Re:Patents are bad... by Mordok-DestroyerOfWo · · Score: 1

    Oooh, ooh! I'll take the latter for $1000, Alex!

    --
    "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
  23. Apple != iPhone by G3ckoG33k · · Score: 1

    Apple is bad.

    iPhone is good.

    Apple != iPhone

    1. Re:Apple != iPhone by impaledsunset · · Score: 1

      For varying definitions of good. I doubt people who are more concerned about software freedom would agree here. Neither would people who prefer open platforms. And alternatives that provide more of both aren't exactly behind in technical quality.

      The iPhone might be good, but for some of us, there's better.

    2. Re:Apple != iPhone by walterbyrd · · Score: 1

      If the iPhone was that good, Apple would be able to compete on quality; instead of having to rely on bogus IP lawsuits.

    3. Re:Apple != iPhone by Arancaytar · · Score: 1

      The iPhone is shiny, but Android phones are shiny and don't involve giving money to Apple.

    4. Re:Apple != iPhone by PitaBred · · Score: 1

      The iPhone locks you into Apple and only Apple... iTunes to do anything with your device, expensive proprietary cables, random removal of applications that don't meet their nebulous "standards"... not seeing how your inequivalence is valid.

    5. Re:Apple != iPhone by iluvcapra · · Score: 1

      If Galaxy Tabs were so good, Samsung wouldn't feel compelled to copy the icons, the power adapters, the box, the case, the dock connector...

      I'd feel a little better if it wasn't so obvious, but they're plainly just trying to confuse people, to the extent that the Galaxy Tab probably would pass as some sort of grad student experiment in culture jamming.

      --
      Don't blame me, I voted for Baltar.
    6. Re:Apple != iPhone by Antisyzygy · · Score: 1

      This has been true of cell phones for quite some time. Before smart phones, you had to use proprietary platforms for the most part. Even some android phones have non-standard cables today. Also, you can use iTunes in Windows. I get pissed off at Apple sometimes too, but you can't say they are the only ones pulling bullshit, anti-consumer tactics. Hell, the entire cell industry is significantly more anti-consumer than it should be.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    7. Re:Apple != iPhone by Ash-Fox · · Score: 1

      Before smart phones, you had to use proprietary platforms for the most part.

      Which all more or less supported J2ME, the phone models on their own didn't usually lock you into only being able to install software from one source either. I don't really feel these are similar situations.

      --
      Change is certain; progress is not obligatory.
    8. Re:Apple != iPhone by tycoex · · Score: 1

      Interesting... the box that my Nexus S came in looks exactly the same as those boxes as well...

    9. Re:Apple != iPhone by sjames · · Score: 1

      Citing the similarity of standardized connectors is really desperate!

    10. Re:Apple != iPhone by iluvcapra · · Score: 1

      If it were a standard connector then you might have a point. But it's just cosmetically identical; the conductors themselves have different profiles.

      --
      Don't blame me, I voted for Baltar.
    11. Re:Apple != iPhone by sjames · · Score: 1

      So you're saying it's not a copy? That was my point!

      They look similar for the same reason the vast majority of screwdrivers look similar. Sam function and same constraints lead to same design.

  24. Re:You sue, we sue, we all sue by domatic · · Score: 1

    Apple "resorted to legal measures" first with their touchscreen-on-a-rounded-rectangle bullshit.

  25. Re:Patents are bad... by Theaetetus · · Score: 1

    Yeah, they built a working physical representation of a "2001 A Space Odyssey" handheld tablet computer (or a Star Trek ALCARS handheld tablet, or any of a couple hundred tablet computers described in sci-fi stories over the last 50 years.) Then effectively under threat of law claimed that the tablet was their original idea and that anyone building one needs to pay them. This either makes them brazenly stupid or brashly assholerific. I'll let you pick, please, be my guest!

    Having watched 2001, without anything other information, could you build one of those tablets? Particularly back in 1968?

    Prior art anticipates what it enables one of ordinary skill in the art to do. Because of 2001, Apple cannot patent "a flat surface for displaying video," but they can certainly patent the iPad.

  26. Re:If you can't by Riceballsan · · Score: 1

    Indeed, no shareholders particularly like the idea of "just give them the multi-million dollar market and prove you are the bigger man". Plus even pretending we lived in a world where doing nicer things for the benefit of the customers will get you sales (which it isn't, sony and ubisoft's sales are as good as ever no matter how badly they screw over their users), the customers don't even have the option to buy their tablets right now.

  27. Re:How would they know? by The+Grim+Reefer2 · · Score: 3, Insightful

    The iPhone 4S isn't available to buy, it's not even available to pre-order yet. But Samsung managed to get ahold of one, reverse engineered it, and found it to infringed on their patents. Impressive.

    The way Apple employees tend to lose prototypes of the iPhone at bars, it can't be that hard to get one.

  28. Re:Patents are bad... by artor3 · · Score: 3, Insightful

    It doesn't matter if you could build one or not. Apple didn't sue Samsung over its inner workings. They sued because both objects were rounded rectangles, and a couple of the icons used a similar color scheme.

  29. Android iPhone by G3ckoG33k · · Score: 2

    iPhone is good.

    Android is better.

    Android > iPhone

  30. This is a good thing. by mosb1000 · · Score: 1

    For years these companies have just been accumulating patents and preparing for this. Once products actually start being banned from markets, average people will see how silly and unproductive the whole patent thing is. Then maybe we can get some real reform.

  31. In a year? by erice · · Score: 1

    On the outside there doesn't appear to be many changes. On the inside there have been many hardware changes. However it is easier to call someone a fanboy rather than give Apple any credit. You do realize that Apple was able to put in a larger processor, make the phone operate both CDMA and GSM, put in a larger camera-- all the while keeping the same form factor with a slight increase in weight (3g). I would think geeks would appreciate the engineering it would take to do this.

    The processor package doesn't get physically much if any bigger by going to dual-core. The radio in the Verizon I-phone was already capable of GSM. The firmware just didn't take advantage. The camera does seem to have some better optics and that is a good thing. Overall, it looks like a just a merging of the Verizon and AT&T phones along with a few closely compatible part upgrades that had become available from internal and external suppliers. No form factor heroics here.

    1. Re:In a year? by lptport1 · · Score: 1

      I actually look at it like I do many product cycles: the first version has problems, the second has fewer. If you look at the issues listed on Wikipedia between the 3G and 3GS, two were dealt with between revisions.

      I imagine the 4S also has fewer problems than the 4, on top of improvements overall.

      I joined the iPhone cult during the 3GS cycle, so upgrading to a 4S seems reasonable to me. I'm not looking for the shiniest or the newest or best. I'm looking for a phone that I won't be sick of in 2 years time.

    2. Re:In a year? by lptport1 · · Score: 1

      Simple. It's been more than two years

      I'm not sick of it and am, in fact, still happy with it save for the fact that it's taken enough wear and tear to be replaceable. My previous phones did not make it to the two year mark without driving me up a wall.

      Make sense? I thought so.

  32. Re:You sue, we sue, we all sue by Vapula · · Score: 1

    It's perfect timing to take a revenge against Apple and it's actions towars Galaxy Tab... And maybe kill the whole iPhone market in the long term.
    Apple lost it's Guru, Steve Jobs. Markets are waiting to see how things will go... If Apple get one big backlash it's stock value will probably fall down and Apple could be pushed back in a corner like it was before in the Macintosh vs PC.
    Unlike a few years ago, there are now viable alternatives to the iPhone. Android Market is catching up (faster growth, quality of application increasing, ...), several android phones have a better hardware than the iPhone 4 (maybe even a better hardware than the 4S), Android is now known and has earned recognition,...

  33. Re:cross-posted from a place too dumb for it by PitaBred · · Score: 1

    Shouldn't it be the other way around...? Isn't that why Apple brought out the patent guns in the first place, because they thought Samsung was too much like them and they couldn't compete?

  34. Patents in standards by vijayiyer · · Score: 1

    The same Slashdotters who are worried about patents in the H.264 standard someday possibly being used to sue someone are now excited when patents around technology core to 3G are being exploited. Hypocrisy.

    1. Re:Patents in standards by Microlith · · Score: 4, Insightful

      No, it's schadenfreude. Patents are rapidly proving themselves to be destructive legal constructs, and each case like this simply reinforces that reality.

    2. Re:Patents in standards by Renaissancing · · Score: 1

      No, it's schadenfreude. Patents are rapidly proving themselves to be destructive legal constructs, and each case like this simply reinforces that reality.

      Schadenfreude? Because companies are people with psychology, too, and want to feel good? As if. This isn't about getting even, it's about turning a buck. Besides, Schadenfreude talks about others' misfortune, or bad luck, which couldn't have been enacted by the party deriving the pleasure. Sadism is more like it.

      Rapidly? This has been going on for over a century. Reinforcing the reality? Companies have been garrisoning off sections of reality for years with patents like Apple's--hindering everyone's innovation, including their own--and countries have typically done little to bat down these claims has being preposterous. But destructive isn't exactly the ideal word for this. I would go more for something like:

      • debilitating
      • retarding
      • anti-culture-cultivating (i.e., anti-humanity).

      But maybe you are referring to the idea that patent reform is on the way because this is becoming a hot media? Yep, everyone say hello to our new Overlord, the ACTA.

    3. Re:Patents in standards by Zironic · · Score: 1

      It's the slashdotters enjoying Schadenfreude (Joy from seeing damage) from watching the companies destroy eachother with patents.

  35. Re:If you can't by dan828 · · Score: 1

    That's why everyone was pointing out up until now that the fear of this type of tit for tat patent war amounted to the old cold war MAD scenario and thus wouldn't happen. Apparently, Apple didn't get the memo.

  36. Re:How would they know? by Zironic · · Score: 1

    Well, since Samsung sits on some of the patents that you -have- to infringe to provide 3G, they know you infringe if you provide 3G without paying them.

    Apple will probably try to argue that they should be let off for that reason, we'll see how that works out for them.

  37. 2 Antennas.... by s0litaire · · Score: 1

    .... Wonder where they will be located on the phone??
    Now which ever way you hold it you'll probably be covering an antenna limiting it's effectiveness without an approved apple rubber ring slapped on it...

    Oh and since US mobile networks are basically over subscribed, You'll probably never have both functioning at the same speed on a network, So you'll end up with exactly the same speed as an iPhone4, while Sprint charge you twice the price for the privilege...

    --
    Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
    1. Re:2 Antennas.... by ceoyoyo · · Score: 1

      You'd never be using both antennas at the same time. The idea is that it's a world phone so if you ever leave your country (admittedly not as much of a problem for many Americans) your phone will still work. For you stay at home types, if you get fed up with AT&T you can switch to Verizon without getting a new phone.

    2. Re:2 Antennas.... by s0litaire · · Score: 1

      From what I read the iPhone *would* use both at the same time to give upto 2X the bandwidth. (one transmitting and other receiving at the same time.)

      --
      Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
    3. Re:2 Antennas.... by ceoyoyo · · Score: 1

      You need to stop reading whatever that was then, because it's wrong. Considering it's one chip that handles both GSM and CDMA it's highly unlikely the phone is even capable of using both systems at the same time.

  38. To apple and Samsung by Aeros · · Score: 1

    Would you both kindly shut the fuck up? Thank you.

    1. Re:To apple and Samsung by poofmeisterp · · Score: 1

      Would you both kindly shut the fuck up?

      Thank you.

      Message from both to you:

      Kindly? No.
      Forcibly? Meh. Naah.

      :->

  39. Why Europe? by phoncible · · Score: 1

    Why are these battles always in Europe? Not that I want any product being blocked here in the states, but why isn't there ever battles to block sales here?

    1. Re:Why Europe? by Jibekn · · Score: 1

      Europe isn't as corrupt as NA, if Samsung tried to sue here, Apple would just buy the judge.

    2. Re:Why Europe? by Antisyzygy · · Score: 1

      Apparently they are a whole lot dumber. Claiming you own a design patent on rectangles is a pretty asinine thing to be allowed in any court.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    3. Re:Why Europe? by Kalriath · · Score: 1

      Because an injunction in one EU state blocks it in all of them. And the EU is a much bigger market than the US.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    4. Re:Why Europe? by R3d+M3rcury · · Score: 1
    5. Re:Why Europe? by phoncible · · Score: 1

      Is it really? With our tech crazy gluttony to have the newest shiniest device, I always thought we were bigger, or at least AS big as other markets (notwithstanding the Chinese market of course).

  40. I misread title by rossdee · · Score: 1

    I thought it said Samsung seeks to ban iPhone 45 in europe (thats forty-five, the same caliber as the gun that Colt tamed the west with.and I wondered if Apple were doing a 'firefox version inflation thing'

  41. Re:If you can't by Vapula · · Score: 1

    By the way, that same hardware design was already present in a 1969 film called 2001 A Space Odyssey...

    The icon-grid can be tracked back to Xerox' work (which was stolen by both Apple and Microsoft... Which is why Apple got denied when he tried to block Windows). We can find it on Palm Pilot devices (I already had an icon grid for the application launcher on my old Palm IIIxe monochrome)

    Capacitive sensors were already used more than 20 years ago (I remind seing some of them on some microwave) and you can find some tools "out of the box" from microchip to make capacitive control panels (including sliders, buttons, switches and x-y zones)... Oh... and I should check but I think that it's the same technology which is used on touchpads on PC and Mac for years.

    Tablet computers were already done by Microsoft (which was a big failure... well, Windows is not really made for tablets)

    Gestures ? Well, ask to a 8year old boy who never saw an iPhone/Android, tablet,... what gestures he may do with one finger, with two fingers and you'll probably get the same list that Apple is trying to protect... It's trivial and as such can't (oops.. shouldn't) be patented.

    On the other hand, Apple refused to pay for the 3G/GSM/... licences, saying that these should be covered because they are buying chips made by other who should have paid these... They have a lot of litigation about these technical patents (that can only be understood by people who are electronics engineers with telecom specialisation).

    So, well, I'd like to see iPhone 4S Banned from Whole Europe and Korea... It could teach to Apple one basic law : "A bad peace is always better than a good war".

  42. Re:Patents are bad... by Dragonslicer · · Score: 1

    Well samsung is actually doing this in revenge for a hardware patent, admitted a retartedly vague one for a rounded rectangle with a touch screen, but that no less is a hardware patent.

    It was a design patent (or the European equivalent). It's important to distinguish between utility patents and design patents.

  43. Re:cross-posted from a place too dumb for it by Jeng · · Score: 1, Flamebait

    That is too dumb for anyplace, I see why you posted it as an AC.

    --
    Don't know something? Look it up. Still don't know? Then ask.
  44. Re:How would they know? by Arancaytar · · Score: 1

    It's not available to pre-order, but pick a random bar in Cupertino and you'll probably get one free.

  45. Re:Patents are bad... by Mawen · · Score: 1

    Somehow I never knew that. A design infringement makes a lot more sense. (Unless of course, Samsung now has to release a triangular tablet with sharp corners.) I'm pulling for Samsung here.

  46. Re:Android iPhone by iluvcapra · · Score: 1

    Neither Android nor iPhone are scalars.

    --
    Don't blame me, I voted for Baltar.
  47. Re:If you can't by Terrasque · · Score: 1

    Apparently, Apple didn't get the memo.

    And it looks like they're massively outgunned, too.

    This is almost like North Korea going against USA... Hmm.... Apple mobile is best mobile. Dear Leader Steve Jobs .... Humm... Suddenly, I have a weird feeling of irony. Strange.

    --
    It's The Golden Rule: "He who has the gold makes the rules."
  48. Choose your poison. by jamrock · · Score: 2

    The iPhone is shiny, but Android phones are shiny and don't involve giving money to Apple.

    No, they involve giving money to Microsoft.

    1. Re:Choose your poison. by gad_zuki! · · Score: 1

      Look, the broken patent system isn't being shut down in our lifetimes. I have a choice to buy from the company that shuts down competitors with patents or the company that bills competitors with patents. Guess who I'm going with.

    2. Re:Choose your poison. by Jibekn · · Score: 1

      Ide rather pay Gates then Jobs. Least Gates doesn't fuck over their devs ever 2 years.

    3. Re:Choose your poison. by andydread · · Score: 1

      er not if you buy Motorola.

    4. Re:Choose your poison. by TuringCheck · · Score: 1
      Microsoft? You must be confused...

      The only thing I buy from Microsoft is hardware - really good quality peripherals implementing standard interfaces so they run out of the box on any of my Linux machines.

    5. Re:Choose your poison. by jamrock · · Score: 1

      You may not buy Microsoft products, but if you bought an Android phone from HTC or Samsung recently, they got some money from you.

  49. Re:If you can't by shutdown+-p+now · · Score: 1

    If you can't innovate, litigate.

    Yesterday, Apple announced iPhone 4S - which is basically iPhone 4 with upgraded CPU and graphics hardware (that's nobody going to use, since all app writers want their stuff to run well on prev-gen iPhone 4) and a better camera that's now on par with what was top of the line for Android.

    In a week, Samsung will announce Nexus Prime. Suffice it to say that the phone has a 1280x800 OLED screen. It's not the only feature, not even the biggest, but it does show the relative scale of differences.

    So, what did you say about "innovate"?

  50. Re:If you can't by shutdown+-p+now · · Score: 1

    No, it's okay for Samsung to do it because I like the popcorn.

  51. Re:If you can't by Jibekn · · Score: 1

    The second wrong makes you feel right?

  52. Re:If you can't by Jibekn · · Score: 1

    You left out how apple copied the design of the iPad from existing real and sci-fi sources.

    Samsung has at least invented useful technology, what has apple invented again? Right, nothing, they just evolutionary design things as miniaturization goes forward. Nothing Apple has done in the last 20 years has been revolutionary, that has always been done by other companies.

    iPod: Wasn't the first mp3 player, just nicely designed and user friendly, hardly revolutionary concepts.
    iPhone: Jobs: guys guys guys, check this out. Guys. Guys. We take our iPod.... and we add a phone! Revolutionary concept there.
    iMac: Guys, with these new innovations from companies like Samsung, we can design a whole computer that's only a little thicker than a LCD Monitor! Yeah, I sure see how they're an innovative company.

    I say this, with an iPod in my pocket, which I did buy brand new. Apple does nothing more than regurgitate the ideas of others and house them in a gloss white or black.

  53. Re:Patents are bad... by CapuchinSeven · · Score: 1

    You, and the rest of the the people marking you insightful need to look up, law, trade dress and this actual case. That way, you won't get yourself in such a muddle next time.

  54. Re:Android iPhone by Bruce+McBruce · · Score: 1

    iPhone is good. Android is also good, but much cheaper. Android market share > iPhone market share. Apple market share > any other smartphone vendor market share. One truly killer device = Apple in trouble.

  55. Re:Android iPhone by Antisyzygy · · Score: 1

    I hate my Android phone. Droid Eris. It has so many annoying hardware and software glitches I can't list them all.

    --
    That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  56. Re:Patents are bad... by RyuuzakiTetsuya · · Score: 1

    Sure, and never mind the box art layout, the wall wart, the breakout cable, art assets...

    This isn't the first time Samsung's been caught cheating either.

    Granted, this also isn't Apple's first time trying to sue on "look and feel." Granted, I think this time they've got a much more solid case.

    --
    Non impediti ratione cogitationus.
  57. Re:If you can't by CapuchinSeven · · Score: 1

    The icon-grid can be tracked back to Xerox' work (which was stolen by both Apple and Microsoft... Which is why Apple got denied when he tried to block Windows).

    History, reality. Not your two strong points.

  58. Re:If you can't by FatAlb3rt · · Score: 1

    How about - Turnabout is fair play.

  59. Re:Patents are bad... by neoform · · Score: 1
    --
    MABASPLOOM!
  60. You mess with the bull... by pezjono · · Score: 1

    And the bull won't play nice with you like it did in the past!

  61. Re:Patents are bad... by Anonymous Coward · · Score: 1

    Yes, Samsung clearly didn't copy apple... not at all..

    oh yes, because apple invented every single one of those things. you ignorant fool.

  62. Re:Patents are bad... by exomondo · · Score: 1

    I both agree and disagree with aspects of that.
    The box art is a blatant ripoff, no question, they just copied almost exactly what Apple did.
    The store icons are pretty fucked up, i wonder if that is actually an official samsung store though, kinda like those unofficial apple stores?
    The USB cable I dunno about, i mean one end is obviously a standard, the other end is flat, which of course when you have a thin phone it makes sense to do, sizing it the same means that holders like the proclip ones with removable cables can be used with different devices without replacing it. So there is some logic to that.
    With the USB/Power breakout they've made it a different colour, different design and different radius on the corners, but evidently made it - just as apple did - as small as possible to still fit the circuitry and the standard. They could have made it with square edges or a tube just for the sake of it i suppose.
    The microphone app is just the fact that they both have pictures of microphones, there's only so much you can do there, again they could have just looked at what apple did and then done it different just for the sake of it.
    Lastly the AppleTV looks to be a pretty blatant ripoff of a Western Digital device, so they aren't exactly clear in the copying area themselves.


    So realistically Samsung probably should try and differentiate from Apple even if just for the sake of it, but many of those things are the logical way to do it.

  63. Re:Patents are bad... by sonicmerlin · · Score: 1

    People defending Samsung are morons engaging in neo tribalism. It's retarded. Asian companies rarely innovate, probably due to a rigid and hierarchical culture than discourages doing things differently, a culture that is magnified and perpetuated in corporations. They also forget Samsung was fined $3 billion for rounding up all the LCD manufacturers and colluding to price-fix LCDs. And the DOJ was investigating them for price-fixing NAND Flash until they abruptly dropped the case in 2009 (given corruption revelations at the SEC it's not hard to see something backhanded going on). Oh and let's not forget Samsung's CEO's son was caught heading a company that sold blatant ripoffs of the iPad 2's smart covers. Samsung is an extremely amoral company that cares very little for the rules of law. I'm not saying Apple has "morals", but holy cow people trying to defend Samsung in this situation are just blind religious fanatics.

  64. Re:Patents are bad... by sonicmerlin · · Score: 1

    Are you kidding? "Logical way to do it"? Those items are exact replicas. The icons in the store, the USB and power adapters. The boxes, the cables. They follow the exact same shape and form factor. If it was so obvious why didn't Samsung do it before Apple? Look how Samsung redesigned the Galaxy Tab right after Apple released the iPad 2. One of the CEO's sons was caught heading a company that sold blatant ripoffs of Apple's smart covers for the iPad 2. How much more obvious does it need to get?

  65. Re:Patents are bad... by sonicmerlin · · Score: 1

    A rounded rectangle? Have you actually read the trade dress claims?

  66. Re:Patents are bad... by Totenglocke · · Score: 1

    I only enjoy seeing things like this because Apple wants to play dirty, so I like seeing others turn their own game against them. Granted, due to political views Apple tends to get better deals from most governments, but it's still nice to see someone trying to get Apple to compete in the marketplace instead of just having governments block competition.

    --
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
  67. Re:If you can't by jo_ham · · Score: 1

    Cool story bro.

  68. Re:How would they know? by jo_ham · · Score: 1

    That's the point everyone else has made - if this is their evidence for infringement then they should be laughed out of court, because Apple has a licence for those "essential" 3G patents.

    Samsung is effectively trying to Trojan the 3G standard - if Apple are in violation (after paying for 3G licences, which they demonstrably have done - Samsung themselves have acknowledged this), then every other manufacturer with a 3G device is also in violation.

  69. Re:Patents are bad... by exomondo · · Score: 1

    Are you kidding? "Logical way to do it"? Those items are exact replicas.

    I'm not sure you understand the meaning of the word 'exact'.

    The icons in the store

    Did you even read what i wrote? I completely agreed with that and asked the question if the store is actually even legit given the obviousness of the copy.

    the USB

    Again, I already explained why it would make sense to do that, do you believe otherwise?

    and power adapters.

    I already went through that.

    The boxes

    So you obviously didn't read what i wrote, the first thing i pointed out is that the boxes are a blatant ripoff.

    If it was so obvious why didn't Samsung do it before Apple?

    Yet another example proving you didn't even read what i wrote, i never said any of it was obvious.

    I also noticed you completely avoided addressing the part where apple copied WD. I have both Apple (ipad, macbook air) and Samsung (TV, omnia) products and it's extremely easy to pick out individual design elements copied from eachother or from other companies.

  70. Did Apple miscalculate? by greentshirt · · Score: 1

    I wonder if Apple was expecting a reaction of this magnitude when it initiated this tit-for-tat?

    1. Re:Did Apple miscalculate? by poofmeisterp · · Score: 1

      I wonder if Apple was expecting a reaction of this magnitude when it initiated this tit-for-tat?

      I don't believe they got to that point of 'thought'. Everyone must flex their nu#$, win or lose.

      Lose = we'll flex to win more later.
      Win = power is awesome; sit on laurels for a month or two; wait for next competitor's move to flex in the direction of.

  71. Re:Patents are bad... by CheerfulMacFanboy · · Score: 1
    You know, your post actually has much more imaginative power than Apple - IOW almost everything is made up. Where has Apple claimed that "the tablet was their original idea and that anyone building one needs to pay them"?

    BTW if you think this looks like an iPad (or a Samsung Tab) you are beyond help.

    --
    Fandroids hate facts.
  72. Re:cross-posted from a place too dumb for it by That+Guy+From+Mrktng · · Score: 1

    That would get over 9000 on reddit. But in reddit you know you're facing stupidity while in /. you really have to try to figure if the poster is sarcasm impaired or just plain idiot.

    The fact that anyone believes that an 8mp camera and voice recognition is innovating on the mobile market pretty much tells you someone is getting payed by the word. The iPhone 4S seems like a dud, Jobs is Death (RIP) so you all can wait for an overdose of turf babble in the next weeks.

  73. Re:How would they know? by Zironic · · Score: 1

    Well, the thing is that normally you get to license those patents on FRAND terms, but Samsung will argue that suing the patent holder with bullshit design patents invalidates the right to FRAND licensing.

    This is why they only do it against Apple, and not say Nokia.

  74. Re:If you can't by jbernardo · · Score: 1

    I see the reality distortion field stays strong, even with Jobs untimely departure.

  75. Re:You sue, we sue, we all sue by t2t10 · · Score: 1

    Samsung are scared enough to not to think they can compete with it unless they resort to legal measures

    Samsung obviously can't compete with Apple without resorting to legal measures because Apple is keeping their products from going to market.

    Samsung would be happy to compete with Apple in the market; they have nothing to fear there because they obviously have the technically more advanced products, and at a better price.

    Apple sued Samsung because Apple is scared they can't compete in the market. Samsung is suing Apple because Samsung wants to compete in the market.

  76. Re:Patents are bad... by t2t10 · · Score: 1

    The wall wart is a standard design, driven by the availability of small power supply designs. In addition, that wall wart is not what's shipping with the Galaxy Tab; the Galaxy Tab charger looks completely different from the iPad charger. Ditto for the Galaxy S II.

    That kind of sync connector goes back to Sony, Palm, Compaq, Nokia, and others. In fact, the iPhone really is pretty much a rip-off of prior Palm devices, including desktop sync, charge/sync stand, connection cable, desktop interface, home screen, etc.

    Many of the icons Apple ripped off as well, from third parties and other sources.

    Nobody minds when companies imitate each other at that level. But it is infuriating when Apple liberally copies other companies and then goes off suing their competitors over trivialities. And it's not the first time Apple has done this.

  77. Re:Patents are bad... by t2t10 · · Score: 1

    Asian companies rarely innovate, probably due to a rigid and hierarchical culture than discourages doing things differently

    This isn't about whether Samsung innovates or not. The innovation is in Android, and Android has pulled ahead of iOS because it's better and cheaper. And companies like Samsung make better and cheaper hardware than Apple.

    but holy cow people trying to defend Samsung in this situation are just blind religious fanatics.

    I want companies to compete in the market, not through stupid patents. I want a choice and competition, and Apple is trying to deny me that.

    And there is a long list of dirty, underhanded tricks, and a long list of features and ideas Apple has ripped off from others, so they hardly can take the moral high ground here.

  78. Re:How would they know? by jo_ham · · Score: 1

    But then there's that tricky "discriminatory" part of the licence - you cannot just use your FRAND patents selectively, or as a defence - you can't just say "hey, infringement!" and sue, if they've been paid for already after the fact just because you don;t like a particular company.

  79. Re:How would they know? by Zironic · · Score: 1

    It's not discriminatory if you have a clause that says "If you sue us for any reason, we get to sue you with these patents". Though I don't know what their actual agreement if any is (Some posters have claimed that Apple in fact never licenced 3G at all, people just haven't pushed the issue yet) , we'll probably see the details once it goes up in court.

  80. Re:Android iPhone by poofmeisterp · · Score: 1

    iPhone is good.

    Android is better.

    Android > iPhone

    Apple is an asshole corporation

    Android is sold through different corporations, asshole or not

    Android diversity > Apple diversity.

  81. Re:Patents are bad... by gnasher719 · · Score: 1

    Yeah, they built a working physical representation of a "2001 A Space Odyssey" handheld tablet computer

    The court in Germany rejected this argument, because there is quite a bit of detail in Apple's design patent, and from the film material it was not possible to decide whether certain details of the design in the film matched Apple's design patent or no, and it was clear that other details did not match.

  82. Re:How would they know? by jo_ham · · Score: 1

    Samsung has aknowledged that Apple has paid for the 3G licences, so that's not in doubt as far as this goes; in fact, it's one of Samsung's arguments - that they have proof they are violating an essential 3G patent because Apple has paid for 3G licences, they are just claiming that this particular one is not covered (despite the seeming issue with it then being subject to RAND terms and surely covered by the licencing, but that's for a court to determine).

    It certainly would be discriminatory to have a clause that allowed them to use those patents for suing you "if you sue us for any reason", since that would effectively create a situation where Samsung would be immune from lawsuits for infringement of any patents/IP/trademarks/copyright from anyone who made a 3G device. Hypothetically they could make a literal copy of the HTC Desire, say, and then be immune from HTC suing them because Samsung could say "ah ah! check your 3G licence, you'll be in violation!" They can't do this because HTC have no choice but to sign up to a 3G licence since it's part of the standard, thus Samsung would never be allowed to put terms like that into the licensing agreement in the first place by the standards body that set it all up in the first place.

  83. Re:How would they know? by Zironic · · Score: 1

    As far as I know that's actually how it is. You generally don't mess with companies who you rely on for cross-patenting deals because the counter-suit could destroy you.

    The standards body does not in fact (according to other posts) check the terms of the licensing agreements.

  84. Re:Patents are bad... by CheerfulMacFanboy · · Score: 1

    The store icons are pretty fucked up, i wonder if that is actually an official samsung store though, kinda like those unofficial apple stores?

    Yes, it is an official Samsung "store in store", "coincidentally" opened the same day an Apple Store opened in the same mall. http://translate.google.com/translate?hl=en&sl=it&tl=en&u=http%3A%2F%2Fsamsung.hdblog.it%2F2011%2F09%2F24%2Fcuriosita-samsung-shop-in-shop-aperto-lo-stesso-giorno-e-nello-stesso-luogo-dellapple-store-di-catania%2F - BTW, Samsung changed the icons after a few hours: http://translate.google.com/translate?hl=en&sl=auto&tl=en&u=http%3A%2F%2Fsamsung.hdblog.it%2F2011%2F09%2F26%2Fsamsung-si-corregge-spariscono-le-icone-apple-dallo-shop-in-shop-di-catania%2F

    And on the same blog I found yet another example, though not actually by Samsung itself. Maybe. Samsung is selling (or rather giving away) this Bada app. Notice something familiar about the icon? Yup, the background looks remarkably like the the iOS Maps App icon. But that's kinda generic, isn't it? Guess again

    --
    Fandroids hate facts.
  85. Re:If you can't by CapuchinSeven · · Score: 1

    Unfortunately for you, some of us here were born before 1999 when you bought your first Playstation 2 and some of us were alive and working in the 70s when Apple struck its deal with Xerox. Feel free to chalk that reality up to a "reality distortion field" if it makes your world seem like a better place.

  86. Re:If you can't by jbernardo · · Score: 1

    And some of us, even if we only started working at the end of the 80's, still remember Apple when they did the look and feel lawsuit against Microsoft failing because Apple hadn't licensed the technology from Xerox and didn't have an exclusive right for its use. So saying Apple stole the icon grid, mouse, etc. from Xerox is an exaggeration, but not that far from the truth. Everyone based their GUIs on Xerox PARC work, and claiming exclusive rights on that derivative work as if it were original has already failed once. The only thing they were allowed to use exclusively was the trash icon.

  87. Re:If you can't by CapuchinSeven · · Score: 1

    So basically, Apple didn't steal anything and in your head that means that "Apple stole" isn't far from the truth? You either did or didn't steal, and they didn't, and you manage to some how roll that up into a bad taste "you must be a fanboy" style comment, bravo.

  88. Re:If you can't by jbernardo · · Score: 1

    You first preferred to try to pull some kind of "age rank" with me, and when that failed, I am suddenly the one who made a "bad taste" comment. You might not be a fanboi, but you surely sound like someone out of arguments who is now entering the insult path. BTW, I'm not the one who wrote "stole" - I'd rather have written "copied", but I understand the usage on the light of the "great artists steal" as Picasso allegedly said and Jobs "borrowed".

  89. Re:If you can't by CapuchinSeven · · Score: 1

    In the same way Apple stealing isn't the way it happened, the way you seem to think this conversation has gone, isn't the way it happened. A statement was made by a poster that "Apple stole from Xerox", well I'm afraid that didn't happen, it didn't happen even a little bit, it didn't maybe happen, it didn't somehow sort of, like, kinda happen. It didn't happen. That reality was pointed out by me, and then you felt that required a tasteless comment about a imaginary fanboy reality distortion field still staying strong after the death of Steve Jobs.

    Who'd have thought you'd have got a shitty reply back after that. I'll leave you to have the last word, I'm sure it will be insightful.

  90. Re:Patents are bad... by sonicmerlin · · Score: 1

    Apple's lawsuits over Android are mostly retarded (but Android unquestionably copied iOS's overall design; prototypes before the iPhone were mostly Blackberry knockoffs), but their complaints about Samsung copying their design are legitimate.