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Samsung Beats Apple In Tokyo, Itching To Sue Over LTE Patents

AmiMoJo writes "A court in Tokyo has ruled that Samsung Electronics did not infringe on a patent relating to transferring media content between devices. Tokyo District Judge Tamotsu Shoji dismissed the case filed by Apple in August, finding that Samsung was not in violation of Apple patents related to synchronizing music and video data between devices and servers." This particular battle is just one front in a patent war that spans ten countries and dozens of cases. Samsung also confirmed it was ready and willing to sue Apple if an LTE iPhone ever hits the market. Meanwhile, Apple was granted a number of new patents on Tuesday, including one for changing settings on a wireless device depending on its location (#8,254,902). For example, sound and light from the device could be disabled when entering a movie theater, or communications with other devices could be disabled in a science laboratory.

51 of 221 comments (clear)

  1. Is this over the same patents? by realsilly · · Score: 3, Insightful

    Well, from all I've heard, the US jury really dropped the ball on following instructions in the US trial, it sounds like Japanese jurors looked at things differently.

    --
    Life takes interesting turns, but the most interest is when you're off the beaten path.
    1. Re:Is this over the same patents? by kenorland · · Score: 5, Informative

      No, different patents. But it's the same m.o.: Apple steals other people's ideas and products, creates a barrage of iffy patents and copyrights, invests in a massive marketing campaign to create the false impression that they invented the technology, and then sues the hell out of everybody else.

    2. Re:Is this over the same patents? by alen · · Score: 3, Insightful

      you can't patent ideas, most of the iOS patents are for specific implementations on the current touch screen tech. the fact that we had some kind of pinch to zoom 20 years ago has no bearing on current tech. different screens, different algorithms need to be created.

      its like cars. every automaker has patents on their cars and specific engines. yet they all operate the same way and use the same fuel. everyone just has to make their own algorithm or slightly different way of injecting and burning fuel. been like that for decades and has worked

    3. Re:Is this over the same patents? by AmiMoJo · · Score: 3, Informative

      Actually they don't have juries in Japan, they have a system of lay judges. And I don't think they even have them in civil cases.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:Is this over the same patents? by aaaaaaargh! · · Score: 5, Insightful

      It doesn't matter, what matters is that Apple is hurting all customers including their own, in the long run, by instigating spurious patent battles based on a rotten patent system. Whether it is an iphone, a Samsung phone or whatever else, you pay a hefty fee to lawyers anytime you buy a new phone.

    5. Re:Is this over the same patents? by kenorland · · Score: 5, Informative

      you can't patent ideas, most of the iOS patents are for specific implementations on the current touch screen tech

      In order for something to be patentable, it needs to be a novel, non-obvious, and useful invention in a technical area, and we call "novel, non-obvious" insights "ideas". "Ideas" become "inventions" when they are about something that is also useful and in a technical area. So, not all ideas are patentable, but all patents (theoretically) require some idea at their core.

      You are absolutely right that most of Apple's patents are "for specific implementations", and that is the core of the problem: Apple takes other people's novel, non-obvious insights and then creates a massive patent portfolio on implementations. And because juries aren't that good at figuring out the differences and are swayed by Apple's marketing prowess and commercial success, they then side with Apple when these cases go to court. As a result, inventors and innovators get screwed and Apple just keeps copying and stealing.

    6. Re:Is this over the same patents? by RaceProUK · · Score: 4, Insightful

      Can you imagine driving a flying car to work every day?

      Based on the driving standards I see every day, I'm keeping four wheels firmly on the ground for now :)

      --
      No colour or religion ever stopped the bullet from a gun
    7. Re:Is this over the same patents? by firex726 · · Score: 2

      Yea, everyone stole from each other and just cross license from each other.

      Apple is the new guy on the scene and decided to go nuclear and start this war with everyone else.

    8. Re:Is this over the same patents? by Anonymous Coward · · Score: 2, Informative

      Jury instructions were much more specific than this two sentences long summary you give. For instance, they included rather long description of what constitutes prior art, which they decided to discard in favor of foreman's "if you load it on a different processor it changes everything right there". Then there are other bits that show how good was jury's job, like "this item doesn't infringe on this patent, but we'll award $2mln damages for it anyways".

      Just because you like the verdict doesn't mean that anyone who sees what's wrong with it is a fandroid.

    9. Re:Is this over the same patents? by RobbieCrash · · Score: 4, Interesting

      This is incorrect. The fact that there was pinch-to-zoom 20 years ago, means that the Apple implementation is not a new, novel, non-obvious idea. If it was new, novel and non-obvious, the concept wouldn't have existed before. You're making the same mistake that the jury foreman made, thinking that each part has to be interchangeable in order to qualify as prior art. As this Groklaw article clearly points out, that's simply not the case.

      The fact that the exact methodology used by the touch screens is different, doesn't mean that the idea didn't exist 20 years ago. Not only that, but pinch to zoom is about as obvious a method to zoom in when you have a tiny touch screen as there is.

      --
      Keep on knockin'
      https://robbiecrash.me
    10. Re:Is this over the same patents? by Anonymous Coward · · Score: 2, Insightful

      "Samsung also confirmed it was ready and willing to sue Apple if an LTE iPhone ever hits the market."

      Due to the razzing Apple fanboyz like you have been giving about Android lately (due to the unfavorable outcome of the lawsuit in California), I am delighted by the statement. Enjoy being stuck at 3G data-speeds, SUCKERS.

      "Meanwhile, Apple was granted a number of new patents on Tuesday, including one for changing settings on a wireless device depending on its location (#8,254,902). For example, sound and light from the device could be disabled when entering a movie theater, or communications with other devices could be disabled in a science laboratory."

      This is not a novel idea. This is not innovative. This just illustrates what is wrong with the current patent system.

    11. Re:Is this over the same patents? by AmiMoJo · · Score: 2

      The "obvious" part needs to cover simple moving of an idea from one related appliance to another. For example Apple didn't invest the MagSafe connector, Japanese kitchen appliance manufacturers did. People were burning themselves tripping over deep fat fryer leads. Apple should never have been granted a patent on using the same design with a laptop, it is just too obvious that the technology could be used on anything that needs power.

      Even the part about the connector being palindromic is dubious. Japanese mains cables usually don't include an earth and thus are palindromic. Okay, laptops use DC but it is an obvious solution to making sure the connector only fits in the correct way.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    12. Re:Is this over the same patents? by Anguirel · · Score: 2

      Your analogy is a little off -- 4G LTE is not the road (a government maintained piece of central infrastructure available to the public equally), it's closer to the engine (a specific technology that had non-trivial engineering problems that needed to be handled before it could be created). 3G is just a slower engine (also still covered by patents) that also works on the same road (the internet) eventually.

      This is what I see you saying:
      Apple sues because Samsung copies their style : Ford sues GM because they altered the look of gauges on the dashboard on their vehicle to improve the aesthetics and match consumer expectations of UI. This is ok according to you.

      Samsung sues because someone uses their hardware technology : GM sues Ford because they use a new more efficient engine that GM spent years designing and getting through regulatory bodies and accepted as a standard and Ford refuses to pay for the license. This is ridiculous according to you.

      Those are your claims, as I see them in your post. Am I misinterpreting something there?

      --
      ~Anguirel (lit. Living Star-Iron)
      QA: The art of telling someone that their baby is ugly without getting punched.
    13. Re:Is this over the same patents? by Belial6 · · Score: 2

      Locale was one of the 10 winners of the Android Developer Challenge

      This contest had an application submission window of January 2, 2008 - April 14, 2008

      So, it is prior art by virtue of it being written, released, and in public use a good 2 months prior to Apple submitting a description of an idea they had.

    14. Re:Is this over the same patents? by rtb61 · · Score: 2, Insightful

      A whole bunch of prior art ignored in the court case marks you as a typical lying Apple marketdroid. Apple invents nothing, makes nothing, and basically steals everything they simply have the worst example of PR=B$ working 24/7, sicken worthless individuals contaminating the tech biosphere adding value to nothing. More and more people loath Apple by the day, a company load with slimey worms and rotten to the core and that's death to fad products, products that are already seen as tasteless spoilt brat fashion.

      --
      Chaos - everything, everywhere, everywhen
    15. Re:Is this over the same patents? by notb666 · · Score: 2

      The way you steer a car not novel, nor is the brake/accelerator arrangement.

      There was a first time, right?

      It's been done like that for years.

      So if pinch/zoom is used for the next 50 years (considering that you just came to know of it), will you be saying the same for that? And what's with the rectangle with rounded corners?....FFS man!. There's something seriously wrong with the US patent system.

  2. How much is this costing us? by GeekWithAKnife · · Score: 5, Insightful

    Obviously this is blatant abuse on both sides. It no longer about genuine infringement it's about sticking it to the competition or getting back at them. Now the patent system is it's own worst enemy, stifling innovation and progress. What a shame.

    --
    A 'singular oddity' is an event that cannot be explained and only happens when you are alone.
    1. Re:How much is this costing us? by synapse7 · · Score: 4, Insightful

      If I had products being banned for having rounded corners I would think at that point the "good guy" in me would be dead and I'd be going after them any way I could.

    2. Re:How much is this costing us? by hilltaker7 · · Score: 2

      The patent system has been bubkis for a long time now. It is merely a feeding ground for the way too many lawyers that graduate each year with nothing to do. It's original purpose was to protect the hard work of engineers and inventors while providing the governments with a way to track the technological explosion of the last few centuries. It unfortunately is not designed to handle the fact that ideas can be separately developed in isolation. This weakness combined with the overpopulation of lawyers has lead us to this point where we have to deal with these worthless legal battles over and over again.

  3. Huh? by rsmith-mac · · Score: 2

    Samsung also confirmed it was ready and willing to sue Apple if an LTE iPhone ever hits the market

    Either I'm missing something, or that doesn't make a lick of sense. LTE is all FRAND (just like 3G) isn't it? So what are they going to sue over exactly?

    1. Re:Huh? by squiggleslash · · Score: 4, Informative

      Apple has, thus far, been difficult when it comes to licensing FRAND patents. Essentially, a patent holder will say something like "Our standard rate is 2.5%", at which point Apple responds with "NO FAIR!!! Our phone is EXPENSIVE! You set that rate when phones were CHEAP! Not going to pay!" *stamps foot*

      ...which is another reason the Samsung verdict in the US made no sense. Apple did just that, and after the foreman made his "Let's punish Samsung for stealing inventions", they opted not to punish Apple for refusing to pay anything for patents it knew it had to license.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:Huh? by DevilM · · Score: 5, Informative

      It must be fun just to make things up. Of course, the rest of us who like real information spend the time reading from credible sources. Unfortunately, there is no information available on the situation with Samsung and LTE. However, when looking at court records from Nokia v. Apple on 3G FRAND issues, the record is quite clear. Nokia didn't want more money than Apple was willing to pay. They wanted a cross-license on Apple patents that Apple was unwilling to provide. According to Nokia, Apple was the only phone vendor unwilling to cross-license.

      It was all eventually settled with Apple paying Nokia and not licensing their patents. Same thing is likely to happen to Samsung. Apple will not allow anyone to use their patents in a competing product for better or worse. But, Apple doesn't mind paying for standards essential patents.

    3. Re:Huh? by squiggleslash · · Score: 4, Informative

      The fact Samsung asked for 2.5% in royalties for its 3G patents is a matter of public record, as it came out during Apple vs Samsung.

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:Huh? by DevilM · · Score: 5, Informative

      Yeah, the public record showed that Apple didn't owe Samsung anything for those patents because of exhaustion. If someone asked me to pay a licensing fee for a chip I bought from another company I would decline as well.

    5. Re:Huh? by Kalriath · · Score: 4, Informative

      Except that everyone else pays less because they cross-license patents into the pool. I mean, we're talking about Samsung, Nokia, HTC, Sony, all of whom have the other essential patents necessary to implement the tech. Apple has no such essential patents in the pool to negate the cost, and refuses to cross-license any of their non-essential patents, so they are expected to front up the cash. Not really surprising.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  4. I don't even want to hear about this anymore. by slackware+3.6 · · Score: 4, Insightful

    Apple should focus on bringing the best product to the market not the most expensive. Many people buy Samsung because you don't have to drop $600 on a phone. Apple is on its way to being the biggest patent troll in history.

  5. Why do we even have a Patent Office? by h4rr4r · · Score: 5, Insightful

    For example, sound and light from the device could be disabled when entering a movie theater, or communications with other devices could be disabled in a science laboratory.

    How is that patentable?
    Not only is a obvious, it is already implemented by various android applications. Tasker probably being the most famous.

    Can you now patent stuff people are already doing?

    1. Re:Why do we even have a Patent Office? by h4rr4r · · Score: 3, Informative

      That only changes the procedure if two filings come it at similar times. It does not get rid of prior art. Read the damn wiki you linked too.

    2. Re:Why do we even have a Patent Office? by jrumney · · Score: 2

      Most of the claims in that patent are standard features of Locale, one of the Google Android Developer Challenge winners from the launch period of Android. Locale was publically demonstrated at MIT in early May 2008, almost 2 months before Apple filed their patent. Only claim 10 (phone refusing to leave sleep mode within an area), which probably is not technically feasible unless by "sleep mode" they just mean display backlight off, and claims 15 onward (which require infrastructure) are not preempted by Locale.

    3. Re:Why do we even have a Patent Office? by bhagwad · · Score: 2

      Install an app that locks your phone down for you.

  6. This is what's fucking wrong with patents by PortHaven · · Score: 4, Insightful

    "sound and light from the device could be disabled when entering a movie theater"

    I've been calling for this feature since the 90's.

    It should NOT be patentable. Seriously, I am so fucking sick of patents.

    How do we stop this insanity.

    1. Re:This is what's fucking wrong with patents by Dog-Cow · · Score: 2

      I don't know all the details of this situation, but what you write is irrelevant. People had the idea for human flight for thousands of years, but that doesn't stop Boeing and Airbus from obtaining thousands of patents on their aircraft.

      Ideas are not patentable, implementations are.

    2. Re:This is what's fucking wrong with patents by Nemyst · · Score: 2

      You must be kidding right? Until around Wilbur and Orville's time, most people thought flight was either impossible, would be stuck to air balloons or would be achieved by imitating birds with non-fixed wings.

      The actual implementation and conception of fixed wings that could carry a heavier-than-air vehicle were novel and non-obvious at the time.

      The fact of the matter here is that many of these patents, while claimed to be for specific implementations, are vague enough to cover just about all implementations. To give a simple example, how many different ways do you see to implement a loop?

  7. Re:Disabling features based on location e.g. Cinem by CanHasDIY · · Score: 2

    I bet those people who were at the Batman premier that were attacked by that gun wielding psycho are sure glad their phones weren't disabled so they could call the emergency services.

    Jeez apple, I know thinking different is hip and all but....

    Not to mention existing art

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  8. Apple patents useful Android apps by jrumney · · Score: 4, Interesting

    Meanwhile, Apple was granted a number of new patents on Tuesday, including one for changing settings on a wireless device depending on its location

    It seems like an interesting strategy for Apple to protect the reputation of their restricted development platform by patenting technologies that are already used in Android applications which demonstrate clearly the benefit of a more open approach. Sadly the patent will probably hold up, as the first public release of Locale seems to have been in October 2008, 3 - 4 months after the Apple patent was filed. The patent application would have still been non-public at that point, so rather than the Locale developers copying Apple, I suspect both were inspired by the same presentation from somewhere; Apple's approach was to patent the ideas they'd got from elsewhere and sit on it, the Android approach was to make an app and get it out there.

    1. Re:Apple patents useful Android apps by jrumney · · Score: 5, Informative

      9 May 2008: Android application to dynamically change device settings based on location publically reported on in tech press. 22 June 2008: Apple files patent for that exact idea. Now that's what I call innovation.

  9. We implemented something vaguely similar by nedlohs · · Score: 2

    with bluetooth being the communication path. Had little linux machines with a bluetooth dongle which tracked visible bluetooth devices and also sent messages requesting silent mode and so on. It was just a minor part of a research project at uni, we did get pretty good tracking data though just from setting up nodes around the building and recording what devices were seen. You couldn't be sure that Bob usually arrives at 8:00am, went to his office, and then to the espresso machine room, and then back to his office every day - but his phone sure did.

  10. Quoting Samsung (itching to sue) by fustakrakich · · Score: 2

    The humans have played their hand, now we get ready to play ours.

    --
    “He’s not deformed, he’s just drunk!”
  11. Re:Disabling features based on location e.g. Cinem by jeffmeden · · Score: 2

    Because you can't make calls from a device that is set to vibrate and not ring on an incoming call, right?

    If the patent for "the process for setting a mobile phone to only vibrate during an incoming call when in a particular location" was really granted to them, I think the prior art for that was seen about 20 minutes after the first mobile phone was put into a consumer's hand. Really, who signs off on this shit?

  12. Re:Disabling features based on location e.g. Cinem by CanHasDIY · · Score: 5, Funny

    now.. who the fuck wants a phone that gives the keys to control if it's on to someone else?

    People that buy iPhones, duh.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  13. says the fanboy... by macbeth66 · · Score: 2

    Yes. Flamebait. But this is an A/C that got modded up Insightful for this uninspired drivel.

    If Samsung wins, if the LTE case ever comes to court, the effects will be that the Apple victory in the States will become meaningless. "Here is the x billions I owe you, and thianks for the x billions you owe me." Besides, I'll bet the Apple victory gets over-turned quite quickly.

  14. Who in hell... by Cute+Fuzzy+Bunny · · Score: 3, Funny

    Who in hell is issuing patents on configuration settings? That isnt a unique goddamn invention. Of course, neither are pinchy finger motions. The "Kids in the hall" should have patented that one when they were crushing other peoples heads.

  15. Re:People Should Read, then Post by Nemyst · · Score: 4, Interesting

    Let's see here.

    Base station could be a PC, right?

    Settings could be any setting in the "Settings" menu, right?

    Then I have already implemented Apple's patent with Tasker and a computer with a Bluetooth radio. When my Android phone is in range of my desktop PC (which can be detected with Bluetooth), I toggle developer mode on. What exactly is different with Apple's implementation, other than Apple probably using proprietary devices and protocols?

  16. patents are supposed to cover implementation by Chirs · · Score: 2

    not concept. Originally the patent was to cover the specific method of implementing an idea (like a better gear tooth pattern, or a more efficient mechanism to husk corn, or whatever.)

    However, in the case of software patents they really do seem to be patenting an idea. So current patents are so broadly worded that they really do essentially cover the idea of pinch-to-zoom, or the idea of having a little marker showing your location on the current page while scrolling. If we held true to the original rules, the patent should only cover the implementation--that is, the source code.

    It's not just software patents either. There is a company called Sawstop that makes tablesaws that can detect if the blade comes in contact with human flesh and slams the blade to a stop, dropping it down below the table. Their patents are so broadly worded that they've basically locked up the whole concept of flesh-sensing technology, making it really hard for anyone else to come out with competing technology, even if implemented totally differently.

  17. Apple doesn't want to cross-license by Chirs · · Score: 4, Informative

    Motorola charges the same rates to everyone (and they're less than Qualcomm, actually). It's just that normally companies don't pay cash but rather cross-license their own patents.

    Apple doesn't want to cross-license, but claims the cash rates are too high. (When they're the same as what everyone else is charged.)

  18. Re:People Should Read, then Post by gbjbaanb · · Score: 4, Interesting

    hell, my old phone used to connect to a device in my car that used a wireless setting to automatically change the device so that voice would come out the car speakers, and provide a settings control on the dash that I could use to accept or break calls.

    But that was only on a featurephone, so I guess the Apple patent still applies as it uses the magic words "on a smartphone" :)

  19. Re:Disabling features based on location e.g. Cinem by CanHasDIY · · Score: 3, Insightful

    It is cute when people think things that are completely unrelated serve as prior art. Your example is like saying Barney the Dinosaur is prior art to my Purple Popsicle patent.

    Yea, how silly of me to think that an application that controls the lights and sounds emitted by a wireless device, based on location, would qualify as prior art for a patent on applications that control the lights and sounds emitted by a wireless device based on location.

    Silly, silly me.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  20. Going down a Black Hole by na1led · · Score: 3, Insightful

    If these patent wars continue, there will be an endless amount of patents for everything imaginable. Someone needs to draw a line in the sand, or nuke this whole patent system altogether!

    --
    -- By all means let's be open-minded, but not so open-minded that our brains drop out.
  21. Prior art (my prior art) by accessbob · · Score: 3, Interesting

    Meanwhile, Apple was granted a number of new patents on Tuesday, including one for changing settings on a wireless device depending on its location (#8,254,902). For example, sound and light from the device could be disabled when entering a movie theater, or communications with other devices could be disabled in a science laboratory.

    Sorry Apple, I got there first (ad this is just one paper, I began disseminating the work 2003).

    Dodd, R., Green, S., and Pearson, E. 2009. User capability in an adaptive world. In Proceedings of the 1st ACM SIGMM international Workshop on Media Studies and Implementations that Help Improving Access To Disabled Users. Beijing, China, October 23 - 23, 2009 pp. 79-88. DOI= http://doi.acm.org/10.1145/1631097.1631110 New York, NY: ACM Press.

    Abstract

    General computing devices are becoming increasingly ubiquitous, personal, and mobile; and bring expectations of multimedia delivery with them that are traditionally the domain of desktop computing. Given their small form factors with restricted interaction modalities, optimizing interaction between user and device becomes critical to the usability and accessibility of the device. To this end, we present simple but powerful models of user capability, capacity, and preference that allow for a wholly adaptive and optimized user experience, with the models driving selection and configuration of appropriate interaction modalities, and themselves adapting their settings in order to reflect both changes in the environment, and the history of user behaviour . In order to achieve this, user profiles are no longer collections of purely static values, but may also contain functionally dependent properties that are changeable in response to external events. The models themselves do not perform any adaptation, but aim to drive the adaptation process.

  22. Re:Disabling features based on location e.g. Cinem by Belial6 · · Score: 2

    Yes.