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Apple Claims New Infringement After Being Ordered To Tell Samsung HTC Secrets
An anonymous reader writes "Ordered to tell Samsung all of the company's HTC secrets, Apple throws a tantrum and adds a bunch of new products to the never-ending list of products Samsung has infringed on. Apple's tantrum stems from a ruling on Thursday that could have a large effect on the Apple lawsuit. The Apple lawsuit, which was filed in February, alleges that Samsung violated Apple patents related to user interface, technology and style. The first decision was found in favor of Apple to the tune of $1 billion, but Samsung is trying to get that ruling thrown out. But as the Apple lawsuit has gone on, the Apple lawsuit has gotten fiercer, and because of a ruling on Thursday, Apple throws a tantrum and is trying to add even more products into the lawsuit."
The legal term is argumentum tantrum. It translates to argument by tantrum and refers to the legal technique of making additional arguments based on rulings that are not made in the lawyer's favor. It's a seldom-used term since it's basically a trait of all lawyers.
Wouldn't the HTC settlement help Apple's case? If HTC will settle patent claims with Apple, why doesn't Samsung do so on similar terms? Why does Apple have to sue Samsung when Apple is this big reasonable company that just wants to cross-license its patent portfolio at a reasonable price?
Well, Apple doesn't _want_ to cross-license its patents. However, the fact is that Samsung used these patents without permission, and Samsung sales have gone up, while HTC sales have gone down. So here is what most likely happened:
Someone at the negotiation table said, look, HTC isn't really Apple's enemy, Samsung is. And Apple isn't really HTCs enemy, Samsung is. So much better to join forces, license these patents to HTC, and to Microsoft, and to anyone other than Samsung. And do their best to f*** Samsung together. Samsung shouldn't be too surprised if there will be some HTC lawsuits following.
"Samsungâ(TM)s additions shouldnâ(TM)t come as a surprise; when a judge ruled that Apple was indeed allowed to add Android 4.2 Jelly Bean as it pertains to the Samsung Galaxy Nexus, as well as the Galaxy Note 10.1 and Galaxy S III to the proceedings, he specifically warned that in granting that alteration, Apple should be prepared for return amendments from Samsung. Specifically, he said that the iPad mini and latest iPad were likely additions."
I see what Apple is trying to do, here: they're concentrating their fire onto Samsung because it's the most successful Android company. Apple thinks that by "teaching these guys a lesson" they'll instill fear in all the rest of the Android companies, and steer them to crappier alternatives (like Windows Phone, Windows RT) that could never compete with iDevices. Like the biggest bully beating up the guy that could pose the biggest threat to his hegemony. But Apple is making a mistake, I think, for two reasons:
- The guy Apple decided to bully is proving to be a tough nut to crack, and that might, instead of discouraging, actually encourage the other vendors. If for no other reason, then because Apple is being distracted by this huge war they got themselves into.
- There are Android companies that won't stop making Android devices, regardless of what Apple does to Samsung. Win or lose, these companies will continue making Android devices, and enjoy their small profits. I am talking about all those nameless Chinese companies that are more than happy to make cheap Android tablets or phones for the masses. Yes, Apple probably doesn't much care about those, since they aren't even catering to the same market as the iDevices are, but moreover, these are nimble companies working in the gray areas that are mostly out of bounds to Apple's lawyers. But their combined effect may very well make Android the dominant player.
- Google has enough muscle to help one Android company at a time, releasing Nexus-branded Android tablets and phones. Google takes a financial hit on each of these, but it's small enough compared to the profits Google makes. This is another source of Android devices that Apple cannot easily quench. And something tells me that Google's corporate policy is one to not give in to bullies, so there might be a bit of a personal thing going on there, especially if Apple insists being dicks.
So, I personally think that Apple needs to stop doing what they're doing.
"The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
Wouldn't it help Apple...? No.
Apple is trying to push for an injunction barring Samsung from selling its products at all. I.e. kill Samsung sales totally. Apple has claimed that the value of it's patents is so great, or impossible to calculate, and the only possible remedy for Samsung's infringement is to stop sales entirely. Apple has claimed that it is not possible for Samsung to pay license fees for the patents.
But now, it would appear that HTC *has* licensed (at least some of) the patents, so Samsung is claiming that it *is* possible to put a value to the patents, and thus a full injunction is not necessary, because a financial solution can be found.
That is why it sucks for Apple... because, if the court agrees with Samsung, Apple a) won't be able to stop samsung sales b) will be shown to be lying about licensing
gus
.. if only.
It could also affect dollar amounts. This is the same Apple who wants to offer $1 per device total for several major feature parents from Motorola, but thinks minor design patents means Samsung should pay $30-$40 per device to Apple. Divulging the deal with HTC will likely show that Apple never negotiated in good faith with Samsung and that damages should be much lower, or perhaps change the verdict in an appeal.
http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
IANAL but I believe the issue that Samsung has is that Apple repeatedly seeks injunctions which would bar the sale of products by Samsung because Apple claims that monetary compensation, i.e. licencing fees, is not enough. Samsung is contending that many of the patents that Apple has used to have injunctions placed on Samsung products are included in the HTC licencing deal. In other words, monetary compensation clearly IS enough, and therefore any injunctions should be removed and Samsung should be offered similar licencing deals to the one that HTC has.
> his legal team is still carrying on his maniacal vendetta
To complete your statement with direct quotes:
Apple has built such a Fuehrer cult around Jobs, that they now have to realize his last wish even if it greatly harms them, or risk admitting that he was crazy, at least with regard to his irrational hate for Google.
Biased summary much?
Any value Slashdot once had as a source for tech news is entirely gone now.
You're doing it wrong. The value of Slashdot is not in the flawed and often biased summaries, it is in the discussions. And it is not in the majority of discussion comments that you find fault with, it is in the rare gems that make you think. You have to work for it. Facile criticism is moderately useful in chastening fan-bois and -grrls, but you could be getting more, and giving more, if you tried.
The real magic of Slashdot is on the other side of the pen. When you start doing some real analysis and putting your rich and well-formed thoughts out there, that's when it really starts to shine. It's tough; you will have to suffer shallow potshots from armchair critics, but you will get a thousand times more upside from those few people who constructively explore a subtle flaw in your perception. Those people give you the opportunity to improve your world view. What you gain by putting a more substantive post out there, facing the slings and arrows, and evolving your hypotheses to subsume an ever more accuate picture of reality is truly extraordinary.
I've looked through your posts. Once you get past the daggers you have a lot to add. You have more to give than cheap shots at easy targets.
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Because demanding data that shows Apple has lied is a very reasonable act and not doing it would be stupid. On the other hand adding new devices that are specifically designed to avoid infringing anything like the GSIII to the "infringement" list as a (pitiful) attempt of retaliation shows only childish desperation, which relates very well to tantrums.
Well, if the patent system is not broken, then something else isn't working. Apple hasn't done any innovation for years (endless slimming-down of the same product doesn't really count). While it would appear that Apple is in no danger of going belly-up, its business model of devoting increased resources to litigation as its relevance declines is all too reminiscent of the SCO debacle.