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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'"

27 of 239 comments (clear)

  1. Apple is over by Anonymous Coward · · Score: 4, Insightful

    They just don't know it yet.

    1. Re:Apple is over by Andy+Dodd · · Score: 4, Insightful

      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.

      --
      retrorocket.o not found, launch anyway?
    2. Re:Apple is over by shellbeach · · Score: 4, Informative

      Cyanogenmod 10.1 is your friend - Android 4.2.2 on the Nexus S works better than ever ... in fact I'm posting from a Nexus S running it right now.

      (why Google decided they could no longer support it, god only knows ... but the beauty of Android being open source means that it doesn't matter)

    3. Re:Apple is over by Anonymous Coward · · Score: 4, Interesting

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

      Exxon owns resources. Exxon produces a *commodity*. Exxon sells the said commodity to wholesalers, and other places on long term future contracts.

      To end consumers, Exxon is *not* a brand any more than Microchip.

      On the other hand, Apple is a brand. Apple does not sell commodities - they sell end products. Apple does not own resources (or round corners, despite what they claim). Apple makes *gadgets* and it is all about brand.

      Comparing Exxon to Apple is like comparing a farm to a corner store.

      Apple can go under much quicker than Exxon.

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

      Exxon does not have a huge cash pile. Exxon invests the cash pile and returns dividends to shareholders - the real owners of the said cash pile.

      Apple, continues to make a larger cash pile for no reason. If they think they can just sit on that cash pile, then they are a real bad investment. No business, except for financials, should have large, unneeded cash piles, ever. Cash piles should be returned to their shareholders*

      * - I personally favour end-of-year lump sum based on profitability (or lack there of) instead of a steady dividend. Business should keep around funds (and assets) to fund any downturns and investments, but they should not be hoarding cash without a purpose.

  2. what happened to not wanting to sue? by ganjadude · · Score: 5, Insightful

    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
    1. Re:what happened to not wanting to sue? by Anonymous Coward · · Score: 5, Insightful

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

    2. Re:what happened to not wanting to sue? by i+kan+reed · · Score: 5, Insightful

      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.

    3. Re:what happened to not wanting to sue? by knarf · · Score: 4, Insightful

      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.

      --
      --frank[at]unternet.org
    4. Re:what happened to not wanting to sue? by vux984 · · Score: 4, Informative

      The award was reduced based on the fact that the jury used an impermissible legal theory to calculate them. That is a straight up reduction.

      An additional trial was also ordered to calculate damages in cases where the judge couldn't simply strike them. The portion that falls under that may yet go up or down, but smart money would be on down; since the judge believes the same impermissible legal theory was used to calculate those damages too, but she doesn't have the information needed to break the total down into what parts were permissible and what wasn't.

      All that doesn't even consider the various underlying patents that are under pressure and a number of which have already been preliminarily ruled invalid. If / when they fall the damages will fall even further.

  3. Cant compete... litigate by Chrono11901 · · Score: 4, Insightful

    The standard procedure of a large company in decline.

    Samsung should make a commercial out of this.

    1. Re:Cant compete... litigate by Anonymous Coward · · Score: 4, Interesting

      Microsoft used their market power to create a monopoly, instead of creating better products. MS has been in decline for 10 or 12 years, and continues to create inferior products, yet still acts like a monopoly.

      Apple has followed the MS model.

      Apple is in a state of stagnation and decline, which was and is predictable.

      The market for open technology products is swamping the closed technology markets, with the inevitable results.

      Consumers will benefit in the end.

    2. Re:Cant compete... litigate by Anonymous Coward · · Score: 4, Interesting

      hrm... maybe I am... so let's check.

      Can I intrest you in calls with a strike price of 650?

  4. I really wish I had a time machine. by Anonymous Coward · · Score: 4, Interesting

    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.*

    1. Re:I really wish I had a time machine. by Runaway1956 · · Score: 4, Informative

      I'm smug, thank you.

      Back in the day, suggesting that ANY *nix variant might dominate ANY market other than servers would have had the whole world laughing at you.*

      *cue the clueless who don't understand that Android is really a hacked Linux - yes, hacked, like it was meant to be. Need Linux to do something new and different? Just take it and make it do what you need!

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  5. Excellent timing, Apple! by blind+biker · · Score: 4, Funny

    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.
  6. Don't ask the lawyers by Intropy · · Score: 4, Funny

    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?"

    1. Re:Don't ask the lawyers by DragonWriter · · Score: 4, Informative

      Apple's legal team doesn't have any billable hours, they are on salary.

      No, Apple's legal team for the case (from the firm of Gibson, Dunne & Crutcher, LLP) are not in-house, salaries staff.

  7. Re:Unappealing by SternisheFan · · Score: 4, Interesting

    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.

    Confused about which smartphone OS to buy? Why not get both??

    http://www.wired.com/gadgetlab/2013/03/goophone-iphone5s-knockoff/

  8. Samsung's visibility by Anubis+IV · · Score: 4, Informative

    ...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.

  9. Duh... by rabenja · · Score: 4, Insightful

    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?

  10. Re:How can by Anonymous Coward · · Score: 4, Insightful

    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.

  11. Re:Unappealing by Anonymous Coward · · Score: 4, Insightful

    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.

  12. Re:Editors: "it's" vs. "it is" by blind+monkey+3 · · Score: 5, Funny

    Remember the golden rule: "it's" always expands to "it is". No exceptions.

    It's been a wet summer.(contraction of it has).
    Grammar Nazi smackdown.

    --
    BM3
  13. Re:Unappealing by fahrbot-bot · · Score: 4, Funny

    On the other hand the iPhone 5 is super shiny...

    So are many fishing lures.

    --
    It must have been something you assimilated. . . .
  14. Re:Unappealing by Anonymous Coward · · Score: 4, Insightful

    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.

  15. Discount for bringing your own phone by tepples · · Score: 4, Insightful

    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.

    1. Re:Discount for bringing your own phone by rahvin112 · · Score: 4, Insightful

      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.