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'"

Comments

Apple is over

[Anonymous Coward]

They just don't know it yet.

Re:Apple is over

[Anonymous Coward]

As long as they're ripping off iOS features it would be nice if Android manufactures would copy Apple's policy of providing reliable system updates for several years. And no, Cynanogen doesn't count.

Re:Apple is over

[homey of my owney]

Right. In the same way that Exxon is over, though they too just don't know it yet.

Unless either of them come up with another way to make money after their huge cash cows are done.

Re:Apple is over

[Andy Dodd]

It isn't even a great rate.

AT&T provides you with a $300 discount at most on a phone. If you compare their plans to a similar Straight Talk plan, you are paying a MINIMUM of $300/year penalty for the subsidy. A typical replacement period is 2 years, early upgrades start for many at 18 months.

So you are paying a minimum of $150 extra for an inferior device.

what happened to not wanting to sue?

[ganjadude]

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??

Re:what happened to not wanting to sue?

[Anonymous Coward]

Because they're all psychopaths who lie constantly even without themselves noticing?

Re:what happened to not wanting to sue?

[i kan reed]

Point of fact: you believed a press release. Don't ever do that. Doesn't matter who said it, when, where, or how. If they said it in a press release, their intent is to trick you somehow.

Re:what happened to not wanting to sue?

[knarf]

Because truth is something malleable. The higher up you look, the more malleable it becomes. Go all the way to the top and the concept of truth becomes so malleable as to lose all meaning.

Re:what happened to not wanting to sue?

[Tough Love]

I never believed it, I was simply pointing out that publicly, cook said this, and now he is going in the opposite direction.

The inescapable conclusion is that Tim Cook is an ass as well as a clown.

Secondary inescapable conclusion is that Apple spinmod thugs are out in force, and they do not like to admit reality.

Cant compete... litigate

[Chrono11901]

The standard procedure of a large company in decline.

Samsung should make a commercial out of this.

How can

[Marxist Hacker 42]

How can a product be a copy cat when it is *better* and *more innovative* than the original?

Re:How can

[Anonymous Coward]

How can a product be a copy cat when it is *better* and *more innovative* than the original?

Sssh, hush, dearie, that logic only works when Apple was improving on the smartphones of the Days of Old. Not now when Apple's infallible Design(tm) is what's on the line.

Duh...

[rabenja]

In the end however, all this litigation is most likely going to be shouldered on the pocketbook of the consumer'"

How in the world would this ever *not* be the case?

Re:Unappealing

[Anonymous Coward]

The funny thing is that the Nexus 4 is even better than the S3, and even without LTE it's way better than my old iPhone 5 that I upgraded from. Unless the iPhone 5s/6 break some seriously new ground to catch up in all the areas where Android is better (and the list increases every day) Apple is fucked.

Re:Unappealing

[Anonymous Coward]

Or if you like being able to get your music and pictures and notes off your phone. Also a good reason to get an Android phone.

Samesung should rush out a sWatch product

[TheSkepticalOptimist]

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.

Re:Unappealing

[LodCrappo]

there are plenty of reasons besides tinkering that Android is vastly more popular than iOS. In fact such activity is relatively rare on the Android platform, after all it is the most widely used smartphone platform in the world so it has certainly found favor far beyond some group of techies.

Some examples of reasons that people are choosing Android:

some people like to have a variety of choices in what their phone looks like
some people prefer a more powerful environment
some people like to stand out in a crowd rather than blending in
some people prefer not to allow a massive corporation to censor the content and applications they are allowed to use
etc...

Discount for bringing your own phone

[tepples]

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.

Re:Discount for bringing your own phone

[rahvin112]

Because carrier collusion is good for business. Why would you ask such a stupid question? You just asked why 3 business would collude to have higher prices. Well duh, it's cause it's more profitable.

Fact is the largest reason pre-paid plans are beginning to displace contract plans is because they are cheaper. There's going to be a turning point at some point in the future if people keep picking prepaid plans, and that turning point will be when the big three carriers all switch to similar pricing plans for hardware that T-Mobile does.

Re:Unappealing

[BasilBrush]

Most of those people buying Androids do so because there are cheap models available. Apple doesn't serve that market.