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Apple Bringing Second Lawsuit To Samsung, Won't Wait For Appeal
sl4shd0rk writes "Hot on the heels of last year's Apple win over Samsung, Apple is geared up for its second attempt at knocking Samsung's alleged copy-cat products off the store shelves. District Judge Lucy Koh asked both parties if they could stay the new case while the first one goes up on Appeal. Apple denied citing a delay would "seriously and irreparably prejudice Apple." The company "will likely suffer a long-term loss of market share and of downstream sales". Samsung replied with a statement saying "Apple will be unable to meet its burden of proving infringement without resorting to the same improper 'representative product' strategy," [that shouldn't have been allowed in the first case.] Although some may think this is a good move for business on Apple's part, some claim the litigation is responsible for Apple's dipping sales and stock prices as well as Increased visibility of Samsung. In the end however, all this litigation is most likely going to be shouldered on the pocketbook of the consumer'"
They just don't know it yet.
I thought the sitting CEO said he never wanted to sue to begin with, that the case was already in play when jobs died. If that were true, why a new lawsuit??
have you seen my sig? there are many others like it but none that are the same
These lawsuits are really affecting my decision to but a new iPhone. I just don't want to support such business practices. On the other hand the iPhone 5 is super shiny... decisions, decisions.
The standard procedure of a large company in decline.
Samsung should make a commercial out of this.
I really wish I had a time machine. So I could show this to the Apple fanboys in the 90s - back when if you pointed out ANY criticism of Apple you'd get mod'ed down to oblivion and a shitload of comments like - "bu..bu..but Microsoft!"
Listen folks, attaching yourself (identity) to anything, let alone some corporation's products, will lead to heartbreak.
*expecting some smug comments from FOSS people now.*
Dear Editors (samzenpus?),
Please consider changing the first line of the submission. It should read, "Apple is geared up for *its* second attempt".
Remember the golden rule: "it's" always expands to "it is". No exceptions.
Love,
A reader
Just in time for the release of the Samsung Galaxy S IV! I think the product launch can use any extra visibility that Apple is willing to give.
In other news, Apple has decided to upgrade their own-foot-shooting shotgun to fully automatic.
"The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
The Judge asked Apple's lawyers, "Can stay the new case while the first one goes up on Appeal?" The only question they heard was "Do you want more or fewer billable hours?"
with lawyers than they do with engineers trying to figure out the next thing we don't know we want yet. Inevitably, their distraction is a signal for concern for what they have rather than what could be.
...as well as Increased visibility of Samsung.
Samsung's visibility has a lot more to do with the fact that they spend gajillions of dollars on advertising than with any of the lawsuits they're involved in. Hell, they're spending more than Apple, HP, Dell, and Microsoft combined when it comes to advertising. And then, on top of that they're spending about the same amount again on sales promotions. Billions upon billions of dollars.
If you're a company that wants visibility, that's one way you can do it. That's how they did it. It's working for them. You'd have to willfully choose to ignore the obvious if you're seriously suggesting that these lawsuits that only niche communities are even aware of and concerned with are in any way responsible for a significant increase in the visibility of Samsung.
How can a product be a copy cat when it is *better* and *more innovative* than the original?
SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
How in the world would this ever *not* be the case?
Youre an hass.
I don't think so.
Screw both Swatch and Apple in the same go.
Anyways, its obvious Apples is just pissing money away on something they seem to be losing out on. Even if Samsung blatantly stole their original design cue's directly from Apple, the fact is Samsung is now the largest alternative to Apple, and nothing Apple is going to do to stop that. Even if Apple win's billions in compensation the fact is Samsung has created an empire suitable to dethrone Apple, which was Steve Jobs greatest fear, for Apple to become a runner up again.
Of course its ridiculous to think that Apple could be dethroned on something like rounded corners on a rectangle, but the reality is Apple knows they did nothing innovative with iOS other then present a grid of rounded rectangles. Hell Steve Jobs even pissed on using a stylus with a Smartphone and Samsung has captured a huge market of people buying phones and tablets with a stylus now.
These lawsuits are just working against Apple now their stock has tanked; while everyone was on board to support Apple when their stock was $700 a share those same people are just as easily out looking for blood.
Apple isn't a darling anymore in anybody's eyes and their continued behavior will just cause more investors to lose faith that they can no longer remain an innovative company, just a has been trying to protect their old patents.
I haven't thought of anything clever to put here, but then again most of you haven't either.
But it doesn't seem to have any effect.
Seems I only get one vote, while the mindless apple throngs get multiple votes.
... then Apple would have never designed the iPhone the way it did, or probably would never have designed it at all. In fact, Apple might no longer even exist because no one would be investing in business because there would be no money to make.
Not!
Obviously Samsung is doing well without these certain patents. Other companies are doing well, too. What's special about Apple that would make it fail in this kind of competitive market? Oh wait ... it's all overpriced.
The patent system SHOULD be there to encourage inventors to invent things we would not otherwise have. The big question is, if Apple had not come up with these specifics first, would anyone else have done so, eventually? IMHO, at least for most of them, the answer is yes.
I don't blame Apple, though. I blame the broken patent system that takes away the rights of developers for TRIVIAL THINGS, instead of sticking to GENUINE INNOVATIONS (which make up less than 5% of patents ... way less in some fields like software).
now we need to go OSS in diesel cars
Look, there have been icons on phones since the 1990's. They have evolved, but most everyone has used a gear looking icon for settings for over 10 years. They have evolved and they mostly look the same. Same with the phone thing, green for pickup, red for hang up, nothing new there.
Now as far as Samsung copying Apple specifically, maybe a little, mostly though, no. Samsung is copying everyone, same as Apple, and HTC, and Motorola and Nokia. Welcome to the modern world.
Apple ought to worry about everyone else. Apple is the hot product today, but with them being the target, Nokia, HTC and Samsung are all gunning for Apple. M$ has various vendors (Nokia, HTC) building windows phones. Android has dozens of vendors building phones. Some where someone will eventually come up with something that makes the Apple products seem silly.
Apple cannot, no matter how many lawsuits they file, will be able to stay ahead of dozens of companies trying to come out with something different than the current leader.
With all this talk about Apple and Samsung it is only fitting to mention Blackberry!
The legal issues are actually simple. Apple has a budget for legal matters generally and this is a blip in cost terms. The point is to get damages. Not a blip.
If the legal system has a stronger emphasis on "motions in limine" prior to the trial portion, far more issues could be settled before real negotiations begin, and if there was a trial it would be far simpler. Current legal practice is to throw the kitchen sink (maximal issues) at the complaint, discovery, pre-trial motions, trials, appeals, and enforcement. 80% of that could be dispensed with a procedural change that would in no way compromise rights, options, or "fairness".
Not gonna happen. We live in a world of "starry decisis" further cemented during the Chief Justice hearings. More bad policy. When a legal precident is clearly wrong it should be at least possible, if not marginally easy to change.
If I could go into court and get a ruling from a judge on a complicated lawsuit that simplifies the case to a few hinge issues, and the remainder clarified before we even have discovery or motions, I could pay lawyers $50 an hour not $600. Can't have that, can we?
JJ
It's still early, but all the lawsuit-happy sue, sue, sue is eventually going to register on the public's consciousness and wreck their (otherwise very good) brand name. Let's see what it gets them: I'd say the wow/awe of Apple products has tapered off slightly, and there's more damage to be done by getting press because of things like this. Now it's probably a fact only on the tip of tongues of some geeks, but someday it will be more general.
Good luck to you, Cook!
I remember Apple being cool when I was a kid, then again when they came back. Now they're just another lazy big company that has a rabid fanbase who will buy whatever they create without question, and fuel their litigious, anticompetitive behavior - the same that they were always whining about before they create the iPhone.
They stopped properly innovating after Webkit and the iPhone, and seem to have become a company of marketers, advertisers, and litigators. And the worst part of it is, their rabid fanbase has expanded beyond people who just think they have excellent or aesthetically lovely products into the general populace who simply see them as a status symbol.
The more things change..
Samsung came out with a smart watch in 1999 and they talked about one running Android or working as an accessory to their Galaxy phones earlier this year, before rumors of an iWatch ever surfaced. But they're not the only ones. Sony, Motorolla, and other small, largely unknown manufacturers have come out with their own models. The idea's not new anyway. Dick Tracy or some other fictional character was there first.
Oh, yeah, the fees you agreed to, to get that great rate on the phone.
So why don't the major U.S. carriers give any discount on the monthly bill to customers who choose to bring their own phone or to buy the phone up front at retail price? As far as I can tell, T-Mobile is the only carrier to offer this sort of price structure among the four non-MVNO nationwide carriers in the US, and T-Mobile's coverage is fourth place out of the four.
While we're at it, why are contractions only viable for 2 words?
Because when you get into unbounded contractions, your language begins to sound like a polysynthetic language.
all I read about Android is how much of a clusterfuck and virus-magnet it is. [...] I buy something if it meets my requirements.
Then I'll assume your requirements don't include anything listed here.
some claim the litigation is responsible for Apple's dipping sales and stock prices
Apple gave me plenty of reasons not to buy their products with proprietary connectors and the "because we say so" attitude, but suing everyone who crosses their path was most certainly a nail in the coffin. I've owned a couple of iPhones and was even using Macs for a while, it wasn't the existence of better/cheaper products that chased me away, it was the companies overall attitude.
The preceding post was not a Slashvertisement.
Apple down 20%, Samsung up 20%...looks like it's going really well for Apple.
Because they have been there and they have this near-death expierence. So they are stalling now - they have stretched their market segment to maximum. People are used to accept Android phones, especially Samsung line (you can get very well working Samsung Android phones for simple tasks very cheap - this is where former Nokia users are going).
So it's practically Mac versus PC all over again.
Apple could stay rich and profitable and niche. However, they got lost in fear of not gaining more of market. They lost their cool of designing things and trusting their own judgement.
user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
All Hail Tim Cook Maximum Leader of the People's Phone.
I wish I remembered the day when....
Apple the open source project sponsor, and contributor... Apple, one of the pillars of FreeBSD development...
Apple the perpetual underdog, lone survivor against Microsoft, carrying the banner of hope for an alternative platform of commercial software... Apple, the innovator that caused people to literally gasp at the iPhone unavailing in 2007.
You've screamed for years about those who truly innovate, when Microsoft ripped some free or open source project off and obliterated it with it's corporate lackeys. You knew what was right, you knew because you were on the cutting edge.
You can't be wrong about Google. They're a too much of a darling. They gave you the doe eyes and you just love all the free things they provide us. They give you so much. We can't have ripped off Apple, you see, our motto forbids it.
And you rally behind Samsung, because they have supported technology innovation and open source so strongly in the past. Who can forget their contribution to the... production of... flash chips... CPUs and LCD panels... causes a stir in your heart when you reminisce of how they made them ... a little different...faster maybe... than reference designs. Oh and costs less.
And you love them because they made you an iPhone... that is a little different.... faster maybe... than the reference design. And it costs less. That daring innovator, Samsung... they saved you money!
What did your honesty cost?
I wish I remembered the day when Slashdot forgot.
As in Hieronymus, with the "shouldered on the pocketbooks" clause (rolls eyes).
There must be some seriously fine wine flowing somewhere, today.
To everyone who has ever purchased an iPod, iPhone, iPad, iMac, Big Mac - no wait, not that last one.
Your money helped make this happen. Thank you for supporting Apple and their litigation campaigns against these heretic companies who dare to also make modern PDAs.
Next, we can go congratulate people who still pay for RIAA/MPAA products.
"Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife