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Galaxy Tab Sales Ban Lifted, Samsung Sues Apple Over iPhone 5

another random user sends this quote from the BBC: "A temporary sales ban on Samsung Electronics' Galaxy Tab 10.1 tablet computer in the U.S. has been lifted by a U.S. court. District Judge Lucy Koh gave a court order rescinding a ban on U.S. sales that was part of a patent dispute with Apple. ... The ban on the Galaxy Tab 10.1 had been placed before a month-long patent trial between Apple and Samsung. In August, at the conclusion of that trial Apple was awarded a victory on many of its patent violation claims where it said Samsung had copied Apple's iPhone and iPad designs. It was also awarded more than $1bn (£664m) in damages. However, the jury found that Samsung had not violated the patent that was the basis for the ban on the sale of the Galaxy Tab 10.1. Samsung, therefore, argued for the sales ban to be lifted." Samsung also went on the offensive against the iPhone 5 today, filing a motion to add the device to its ongoing patent infringement suit against Apple. Meanwhile, on another front, some good news for Apple: Motorola Mobility, owned by Google, has withdrawn its second complaint against Apple to the ITC. The complaint was filed in August over patent infringement claims involving several minor features. No explanation has been provided for the withdrawal, but Google indicated there was no agreement between the companies.

19 of 196 comments (clear)

  1. screw you guys... by zlives · · Score: 4, Funny

    i am going back to BB

    1. Re:screw you guys... by jd2112 · · Score: 3, Funny

      i am going back to BB

      Yay! They have a customer this month!

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    2. Re:screw you guys... by narcc · · Score: 3, Interesting

      They're doing fine. They outperformed expectations last quarter, and their user-base continues to grow. (I know that a bullshit article on slashdot a week or so ago made a different claim, but it was pitifully wrong.) Not bad for a company that hasn't released a new flagship phone for nearly a year.

      From what we've seen, BB10 is nothing short of amazing. Even their current OS7 phones (though about a year old) are very slick and compelling -- the 9900 is a real workhorse. For those that need to do actual work on our phones, it's hard to beat. Even the RIM hating reviewers gave it high-praise.

      It's not a bad move. Unless you use your smartphone to do nothing but play games, a BlackBerry is a fantastic choice. With BB10, it's going to be really difficult to find a reason to stick with iOS or Android -- even Windows 8 is an attractive alternative. I don't see Android and iOS maintaining the lead over the next few years.

    3. Re:screw you guys... by narcc · · Score: 3, Informative

      I can't tell if you're being sarcastic or not. Though a double-digit share price by the end of the year seems unrealistic, with their new products not expected until January.

      They are debt free and have increased their cash reserves. (Interesting note, cash reserves increased by nearly the amount of their reported losses.) They have a fantastic set of new products and a clear launch strategy.

      I know the meme is that they have no customers (even though they've consistently gained many more customers than they've lost quarter after quarter) and they're dying (even though they've only posted two losses post iPhone, the second being much smaller than the first) and that they're selling the same phone virtually unchanged since 2005 (which is laughably false). Reality, however, doesn't fit the narrative. They have, without question, the most advanced and capable mobile OS on the planet. While subjective, their UI is brilliant and represents a dramatic departure from both their own history and from the current market leaders in very positive ways (they're inventing the future of mobile computing). Just the gesture suite alone is leagues ahead of iOS.

      In short, they're hardly dying, their new products are impressive, and they have a clear plan moving forward.

      No, they won't be in the double digits this year, but 2013 looks to be a very good year for RIM.

  2. Samsung is obviously violating Apple's trademark by The+Last+Gunslinger · · Score: 5, Funny

    By copying Apple's well-established business process of suing their competitors for trademark and patent infringement, Samsung is clearly guilty of infringement.

    (sound of recursive cranial implosion here)

  3. Re:Hard to see Samsung succeeding on LTE suit by squiggleslash · · Score: 3, Insightful

    So how can Samsung bring a suit against Apple that would not be valid to bring against every other user of that same chip?

    Well, just an idea, but maybe other users of said chip licensed the patent? (Something particularly likely given the amount of cross licensing that goes on.)

    --
    You are not alone. This is not normal. None of this is normal.
  4. Re:Hard to see Samsung succeeding on LTE suit by DickBreath · · Score: 5, Insightful

    Before the iPhone, the mobile phone industry was still a patent thicket minefield. Lots of established companies had patents on various parts of what made the whole system work. Standards weren't dead then. Nobody was insane enough to launch the first nuclear weapon. Mutually assured destruction only works if all the parties are rational.

    Enter Apple.

    Apple thinks if you're going to start firing nuclear weapons, you might as well fire lots of them all at once.

    Remember Steve Jobs say he would spend all of Apple's (eg, stockholders) money to destroy Android. Does this sound like a rational statement from a rational person? Really? Destroy Apple in order to destroy Android? Wow.

    Apple's lawsuits aren't about rectangles with round corners. They're not about bouncy scrolling. They're not about any other particular details being claimed. Apple's lawsuits are about competition. Steve Jobs dreamed of having a new Bill Gates like monopoly. Pesky competitors think they should be able to compete. Apple believes that the entire mobile smartphone business is God's gift to Apple by divine right. Even established existing players who've made mobile phones for decades should get out and leave the entire market to Apple.

    --

    I'll see your senator, and I'll raise you two judges.
  5. Re:Samsung should be innovating not suing! by Jackie_Chan_Fan · · Score: 3, Insightful

    Apple has been and always will be insane in their thinking. "Think different" really meant "do as your told"

  6. Re:Samsung should be innovating not suing! by DickBreath · · Score: 5, Insightful

    It's not like Apple has ever copied. Or like Steve Jobs proudly boasting about copying. It's the fact that someone dared to compete in what Apple wanted to be a total monopoly market. Nobody else should be able to build smartphones. That is what this is about. Not the trivia of rounded corner rectangles or bouncy scrolling. It's about Apple wanting to have a monopoly market with monopoly pricing. That doesn't work if smartphones become a commodity.

    --

    I'll see your senator, and I'll raise you two judges.
  7. YA type of "cold war" by GReaToaK_2000 · · Score: 4, Insightful

    Only now it's mutually assured destruction via patent law.

    The only winners are lawyers, judges and monopolies.

    The rest of us suffer the wounds and sores of stagnating technology and lack of innovation.

    I knew I should have studied to be lawyer.

    Sigh.

  8. Re:Samsung should be innovating not suing! by SolitaryMan · · Score: 4, Interesting

    It's hard not to be on Samsung's side in this. Apple sued first over some totally ridiculous crap.

    They are both far from being saints, that's a given. Both phones suck*, but Apple definitely crossed the line of sanity here.

    * They both suck *as phones*, when compared to "dumb" phones. My old Philips had 3 weeks of battery life with my usage pattern and it took two pushes of a button (including unlocking) to call pretty much everybody I care about.

    --
    May Peace Prevail On Earth
  9. Re:Samsung should be innovating not suing! by Anonymous Coward · · Score: 5, Funny

    Well, you get trollism from both sides here. When you disregard those posts, what you're left with

    is an empty comments section.

  10. Re:Samsung should be innovating not suing! by Anonymous Coward · · Score: 5, Informative

    Did yo read those "internal documents"? They are just expert telling design team where they went wrong with examples of good design (from Apple). It reads like "Our UI: buttons are not aligned. Good UI (yes, it's Apple's, so?): buttons are aligned. What to do: align those fucking buttons, you morons"

    Saying it's "how they wanted to copy iPhone" is funny considering the advice on the slide in the article says "Differentiate icons from iPhone".

    TL;DR: Take care not to steal specifics, but let's steal all common design sense from Apple!

  11. Re:Hard to see Samsung succeeding on LTE suit by squiggleslash · · Score: 3, Insightful

    Qualcomm licensed those patents from Samsung. Everyone else buys chips from Qualcomm and these chips included the damned patent licenses (or else why would you buy them?)

    Samsung obviously disagrees with you and is willing to go to court over it. They don't believe any licence they gave Qualcomm covers Apple. Given Samsung's usual rate is "% of final product price", I find it hard to believe any license they gave Qualcomm would cover third parties too.

    As for why you'd buy Qualcomm's chips - it's because they're a pre-made component. Why do you think? A business sourcing components from a supplier doesn't assume that any product they make using said components will suddenly become licensed. Why would you?

    What you've read is obviously wrong, or you've taken away a completely false impression from it. Either way, no, it's entirely possible that other users of Qualcomm's chips have negotiated patent licenses, and Apple has done its usual thing of "holding out for a better deal" (or simply ignoring patents held by rivals, in the hope it gets another dumbass Jury foreman on its side.)

    --
    You are not alone. This is not normal. None of this is normal.
  12. Re:Samsung should be innovating not suing! by lorenlal · · Score: 4, Insightful

    There's also a problem with that. Apple doesn't license their design patents, and will pretty much only license others when under duress.

  13. Samsung cancelled Qualcomm's license by tgibbs · · Score: 3, Informative

    Samsung had an agreement with Qualcomm that Qualcomm's license to Samsung's patents covered Qualcomm's customers. So Apple used Qualcomm's chips under the understanding that they were fully licensed. But apparently desperate because of Apple's many claims related to Samsung's copying, Samsung attempted to cancel Qualcomm's license as it pertains to Apple. This is of doubtful legality, as licensing of standards-essential patents is supposed to be nondiscriminatory. But it gives Samsung some basis for countersuit, which probably helps them with investors, at least for the moment.

  14. Re:Samsung should be innovating not suing! by DickBreath · · Score: 3, Insightful

    Licensing, as you say. Okay. Then Apple should license one of Samsung's patents that covers, and I kid you not, how smartphone displays change when music is being played.

    It's a good thing Apple and Samsung are both focusing on what is truly important. Kudos to the US Patent and Trademark office for creating a system that helps companies to focus their efforts on what is important.

    --

    I'll see your senator, and I'll raise you two judges.
  15. Re:Samsung should be innovating not suing! by narcc · · Score: 3, Insightful

    Don't confuse them with facts and reason. The meme is that Samsung made their phones as identical as they could manage. Any differences between their phones and the iPhone was their inability to match Apples pure awesome.

    Besides, no one had anything like rounded corners or icons aligned to a grid or buttons that align neatly before Apple. If they did then they didn't "put them all together" in to the "perfect package". Yes, even their supposedly awful chicklet keyboards and hockey-puck mice were superior to all other alternatives -- the perfect design that give the user the perfect experience.

    All those designs that came before the iPhone that look, well, like an iPhone are all lies created by time-traveling fandroids. Apple invented all that is good. Bow your head and thank Steve Jobs for blessing you with the opportunity to buy a holy iPhone, in all it's glory. Praise be!

  16. Re:Samsung should be innovating not suing! by cynyr · · Score: 4, Insightful

    It's not that ideas are crap, it's ridiculous that they got a patent for what amounted to letting the first year engineer design the outside of the device. Things with rectangular screens are going to be rectangular with rounded corners.

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