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Apple Again Seeks Ban On 20+ Samsung Devices In US

An anonymous reader notes that Apple has renewed its patent attack against Samsung, asking U.S. District Court Judge Lucy Koh to prohibit Samsung from selling over 20 different phones and tablets. Apple made a similar request after it won a $1 billion judgment in 2012, but Koh did not allow it. An Appeals court later ruled that Apple could resubmit its request if it focused on the specific features at the center of the 2012 verdict, and that's what we're seeing today. Apple's filing said, "Samsung’s claim that it has discontinued selling the particular models found to infringe or design around Apple's patents in no way diminishes Apple’s need for injunctive relief. ... Because Samsung frequently brings new products to market, an injunction is important to providing Apple the relief it needs to combat any future infringement by Samsung through products not more than colorably different from those already found to infringe."

235 comments

  1. How about no? by ZorinLynx · · Score: 5, Insightful

    Competition is good for the market place. Apple is already doing well enough; no need to do them any favors.

    1. Re:How about no? by Anonymous Coward · · Score: 3, Insightful

      This is a matter of law. Why don't we wait for the judge to determine how the law applies here?

    2. Re:How about no? by MightyMartian · · Score: 5, Insightful

      The law is an ass.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:How about no? by Sarten-X · · Score: 4, Insightful

      This is Slashdot! We don't care what any silly judge says, or what the law says! We'll voice support for what we want the law to be, specially tailored to our limited knowledge of this situation, based on our own prejudices for or against the companies in question.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    4. Re:How about no? by Anonymous Coward · · Score: 0

      This is Slashdot! We don't care what any silly judge says, or what the law says! We'll voice support for what we want the law to be, specially tailored to our limited knowledge of this situation, based on our own prejudices for or against the companies in question.

      Oddly enough, your post is both sarcasm and truth. Go figure.

    5. Re:How about no? by Anonymous Coward · · Score: 5, Interesting

      Except we already know that this was a Kangaroo court.

      This patent war is a prime example of what is wrong with patents. The jury in this case decided based on one man's vendetta against Samsung. Go ahead, look it up.

      You might learn something.

    6. Re:How about no? by Anonymous Coward · · Score: 0

      The judge *always* sides with Apple on US soil, and allows them to block evidence of Apple's claims being invalid because they were not presented at the right time, let alone the massive issue of Apple obtaining Sony's blueprints for a touch screen smartphone long before Apple had even considered that formfactor.

      You can be sure the current gay CEO and medical queue jumping doctor bribing deceased CEO has done enough lobbying to protect their interests and stifle competition.

    7. Re:How about no? by Servaas · · Score: 2

      And if all else fails, we have the President of the United States of America to overrule any and all legal binding verdicts!

    8. Re:How about no? by msauve · · Score: 2

      "We don't care what any silly judge says, or what the law says! "

      It's good that you differentiated between the two, since they're oft times different.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    9. Re:How about no? by Anonymous Coward · · Score: 0

      If this was a ban on Apple, Slashdot would be giddy with "couldn't have happened to a better company, they deserve it" drivel.

    10. Re:How about no? by Anonymous Coward · · Score: 0

      "The" law? You mean the stuff written by the powerful and bought by the rich?

    11. Re:How about no? by Anonymous Coward · · Score: 0

      If it was Apple, we would just think "Karma, bitches."

    12. Re:How about no? by Anonymous Coward · · Score: 0

      This is a dispute between two rich, powerful corporations. I don't see how your snark applies.

    13. Re:How about no? by mikael · · Score: 1

      Sometimes it's just a random evolutionary combination of features. Some mobile phones have a high performance GPU,others just offer basic graphics. Other have a stereoscopic cameras that can make 3D movies, others don't. Some have a super-large screen that just does basic 2D, others have the parallax view 3D screen. Others have a secondary camera. Then there's battery life, memory size, the shape and color of the case. Some colors go with certain applications and markets. Customers will view certain combinations as "too girly". As all the different components have different prices, the price/performance ratio can vary.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    14. Re:How about no? by Solandri · · Score: 4, Insightful

      This particular judge disallowed Samsung from showing the jury its prior art (phones that it had in the design pipeline before the iPhone was announced) because the Samsung lawyers missed a filing deadline. She let the letter of the law (a filing deadline) override the intent of the law (to get to the truth of the matter).

      Apple's tablet infringement claims were thrown out because of the copious amounts of prior art which the jury saw. The $1 billion judgement likely would've been thrown out too if they'd seen Samsung was working on iPhone-like designs before anyone outside Apple even knew what an iPhone was. In this particular case, the prejudice is in the jury, not the general public which got to see the documents the judge disallowed because of a technicality.

    15. Re:How about no? by SuperKendall · · Score: 0

      Competition is good. Copying is not. That's why copyright (and to a certain extent patents) exist.

      Otherwise if you spend $10 million developing something, and anyone can steal it in an hour - no-one is going to spend $10 million to develop something again.

      Also, selling something that looks almost exactly someone else's product hurts everyone, because it confuses consumers.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    16. Re:How about no? by AlphaWolf_HK · · Score: 5, Informative

      Actually what I find more disturbing than a biased juror is how Obama permitted apple to sell its phones even though samsung won a ban legally, yet didn't grant the same favor to samsung in the exact same circumstances. That's pretty obvious favoritism, and unlike the biased juror, it's perfectly legal and not subject to appeal.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    17. Re:How about no? by Anonymous Coward · · Score: 0

      Obama blamed Bush. Go figure...

      I blame Edison myself.

    18. Re:How about no? by pablo_max · · Score: 1

      Oh you mean like the ITC banned Apple products the president overturned it, stating that such bans should not happen, but then a similar Samsung ban happened and the president said nothing?
      Yeah, the legal system works a treat in the US. No protectionism there at all.
      1 billion for look and feel pattens. Things where were NEVER intended to be patented. Only in the USA.

    19. Re: How about no? by Anonymous Coward · · Score: 0, Flamebait

      "The law is an ass" - Samsung

    20. Re:How about no? by LordLimecat · · Score: 0

      And the past 6 years have led you to believe that Obama is terribly concerned with the fair rule of law?

    21. Re:How about no? by Anonymous Coward · · Score: 0

      Actually what I find more disturbing than a biased juror is how Obama permitted apple to sell its phones even though samsung won a ban legally, yet didn't grant the same favor to samsung in the exact same circumstances. That's pretty obvious favoritism, and unlike the biased juror, it's perfectly legal and not subject to appeal.

      Because favouritism is something Korean politicians have long proven themselves incapable of.

    22. Re:How about no? by RightSaidFred99 · · Score: 1

      You know who appeals to "the law"? Assholes, that's who.

      Right and wrong are different from "the law". Usually they line up pretty well, but in this case the law is wrong (none of Apple's patents are novel) so to appeal to it as the ultimate authority is ridiculous.

      <Godwin>Asshole in 1940's Germany: Well, I hate killing people as much as the next guy but why don't we go ahead and follow the law here and throw these human beings in these overns.</Godwin>

    23. Re:How about no? by poetmatt · · Score: 3, Informative

      That wasn't favoritism, that was corporatism. Apple was a big donor to Obama's campaign and Samsung wasn't as big a donor.

      It's no better in any form, but put the blame where the blame is due.

    24. Re: How about no? by iamhassi · · Score: 0

      Nice "prior art" you have there, of course you're comparing a list of samsung design concepts from 2006 to the actual iPhone released 2007. Journalist had predicted Apple was releasing a phone for years and released artist concept photos, it would take nothing for Samsung to claim those were their design. This is what Samsung smartphones looked like in 2006.

      --
      my karma will be here long after I'm gone
    25. Re:How about no? by BasilBrush · · Score: 1

      You know who appeals to "the law"? Assholes, that's who.

      You have some insightful and sophisticated ideas. I would like to subscribe to your newsletter.

    26. Re:How about no? by Anonymous Coward · · Score: 1

      Nonsense. Obama is a Blackberry man. He has nothing to gain here.

    27. Re:How about no? by RightSaidFred99 · · Score: 2

      Nobody stole anything, that's just Apple FUD. It's amusing you think developing those phones took "an hour" for Samsung and Google.

    28. Re:How about no? by recoiledsnake · · Score: 2

      The reason was that Samsung's patents were standards essential FRAND, which means they agreed to allow them to be part of a standard in exchange for lesser royalties and harder to seek injunctions. Apple's patents were not FRAND.

      --
      This space for rent.
    29. Re:How about no? by Anonymous Coward · · Score: 0

      The bias is in your phrasing as "the exact same circumstances". The circumstances were not exactly the same. Samsung's patents were FRAND, and impossible to work around. Apple's patents were design patents that were trivial to work around. Samsung simply chose not to work around the patents, Apple had no choice but to infringe if they wanted a working phone. Apple had every right to demand whatever terms they wanted (because their patents were not FRAND), Samsung were demanding more from Apple than from other companies despite FRANDness. Very much not the same circumstances.

    30. Re:How about no? by lgw · · Score: 1

      We're still talking about "rounded corners" here, right?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    31. Re: How about no? by Anonymous Coward · · Score: 0

      Nice "prior art" you have there, ... Apple was releasing a phone for years and released artist concept photos

      And that is just what prior art means, if you release something before filling a patent you loose.

    32. Re:How about no? by Anonymous Coward · · Score: 0

      Knockoff's like this : http://visual.ly/braun-or-apple

    33. Re:How about no? by Anonymous Coward · · Score: 0

      Lol, I get that a lot.

    34. Re:How about no? by rmstar · · Score: 2

      Otherwise if you spend $10 million developing something, and anyone can steal it in an hour - no-one is going to spend $10 million to develop something again.

      If you spent $10 million to develop something that can be stolen within an hour by anyone - would that not mean that you are breathtakingly inept and incompetent?

      For example, suppose someone (let's call it duncecorp) invested $10 million in developing the progress bar. Why should that idea be protected? To encourage stupidity and ineptitude?

    35. Re:How about no? by Anonymous Coward · · Score: 0

      That sounds preferable to voicing support for things which you have no knowledge of based on prejudices you don't have.

      Are you making the claim that people shouldn't discuss things?

    36. Re:How about no? by Cederic · · Score: 5, Insightful

      Bollocks.

      Apple's patents were bullshit to start with, and are continually being overturned at the patent office. Samsung shouldn't _have_ to work around them, and it's far from clear that Samsung even infringed in the first place - that trial was a fucking farce.

      Samsung's patents may be FRAND but that doesn't mean that people should be able to use them without paying a fair or reasonable amount. Apple used them and refused to negotiate. Just what the fuck are Samsung meant to do in that circumstance? Ignore the patent?

      Obama was playing petty protectionism and nothing else. Sure, Samsung may own half of Korean politics but that doesn't make Obama's corruption any less.

    37. Re:How about no? by hermitdev · · Score: 2

      Right, and Apple is infringing and not paying the licensing fees. So, why do they get a free pass? Their products should be banned just the same.

    38. Re: How about no? by SirChive · · Score: 2

      That's a nice theory. The reality is that the ten million or so vaguely worded and broad patents rubber-stamped by the patent office in return for fees serve to lock down almost all paths to innovative products.

    39. Re:How about no? by Em+Adespoton · · Score: 1

      Otherwise if you spend $10 million developing something, and anyone can steal it in an hour - no-one is going to spend $10 million to develop something again.

      If you spent $10 million to develop something that can be stolen within an hour by anyone - would that not mean that you are breathtakingly inept and incompetent?

      For example, suppose someone (let's call it duncecorp) invested $10 million in developing the progress bar. Why should that idea be protected? To encourage stupidity and ineptitude?

      The idea shouldn't be protected -- however, the design and implementation maybe should be. But a progress bar is a bad example.

      Let's say someone spent $10million trying many form factors and ink viscosities for the perfect fountain pen -- they tested it in the hands of left and right-handed people of various ages, ethnicities, and skill level at using a fountain pen. All the parts of the pen are rather obvious, but the specific form, shape and integrated design is non-obvious. After a number of years and $10million, they finally come to market with a pen that gives a smooth line no matter who uses it, and does not induce cramping. This would be an amazing pen, even if it's in a niche market (there are other ways to write with ink, let alone other ways to imprint ink on paper or communicate with others).

      Now let's say some company like Sheaffer buys one of these pens, looks at it, and decides it's way better than their current line of pens -- so they re-tool production to produce these new pens and distribute them through their established channels. They look exactly the same as the original pens, are sold at a slightly lower price point (they don't have to recoup the investment), and work the same way.

      THIS is what this kind of patent is designed to prevent -- and it should apply just as well to phones and tablets as to pens; it doesn't matter whether it's a computer or not; it's a device designed to accomplish something in a certain manner. However, pure software patents are a different kettle of fish altogether.

      So... is that protection of the original inventor encouraging stupidity and ineptitude? Or is it protecting inventors from being scooped by companies that already have production in place and just need the R&D results to tune their current product?

    40. Re:How about no? by Anonymous Coward · · Score: 0

      Obviously, Braun invented a time machine, went forward and stole Apple's designs, because...Apple is the only designer of cool stuff. /sarcasm

    41. Re: How about no? by Anonymous Coward · · Score: 0

      Wrong. Sony had a grid icon based touch screen smart phone long before Apple came along and took a copy of Sony's blueprints and used them to change direction. The only matter that is outstanding is why Sony haven't destroyed Apple over them having documents they had no right to have in their possession, let alone use as the basis for their own products. Seeing as Apple don't engineer anything other than put together off the shelf components, and rely on the likes of Samsung to fabricated core components, Apple are nothing more than B&O of the 2000s. Reskinning other companies inventions and designs. Sooner of later Sony will see these court documents and take Apple under.

    42. Re:How about no? by g0bshiTe · · Score: 1

      Yep yep, the article linked in the summary even states "Apple, which initiated the legal fight in 2011, had 13 percent market share in the third quarter of this year, while Samsung had 31 percent, according to IDC research."

      Sounds like sour grapes to me.

      I know I love my Galaxy S3 and have never had an iPhone due to not wanting to be locked to iTunes.

      I'm actually surprised Apple is only going after them in the US, though the US is primarily the only place Apple is relevant, everywhere else it's pretty much Samsung.

      --
      I am Bennett Haselton! I am Bennett Haselton!
    43. Re:How about no? by g0bshiTe · · Score: 4, Funny

      Let's leave race out of this shall we?

      --
      I am Bennett Haselton! I am Bennett Haselton!
    44. Re:How about no? by Anonymous Coward · · Score: 0

      This is Slashdot! We don't care what any silly judge says, or what the law says! We'll voice support for what we want the law to be, specially tailored to our limited knowledge of this situation, based on our own prejudices for or against the companies in question.

      When a law is unjust it is the responsibility of the people to question and defy it.

      The law is and has always been designed around safeguarding the profits of the corporations starting from the large scale landowners of the last millennia to the giant corporations of today. What is good for the average joe is not what is good for the corporations and as such the laws are designed to punish us and protect them.

    45. Re: How about no? by Anonymous Coward · · Score: 0

      Why would anyone buy an iPhone in the third quarter, when it was widely rumored Apple was set to introduce a new iPhone beginning of Q4? (in other words, the only meaning market share numbers for this industry are annualized.)

    46. Re: How about no? by iamhassi · · Score: 1

      I could see Sony suing Apple. Sony has always been pretty innovative, from Walkman to minidisc to ms duo.

      --
      my karma will be here long after I'm gone
    47. Re: How about no? by iamhassi · · Score: 1

      Except there was no release, just a photoshopped image. None of those Samsung phones were on the market. Apple releases the iPhone and Samsung cries "no fair! We were thinking of making something like that someday!" and then it took Samsung 2 years to make a iPhone clone.. No wonder apple sued them.

      --
      my karma will be here long after I'm gone
    48. Re:How about no? by noh8rz10 · · Score: 1

      Sammy and Moro are trying to extort unreasonable fees. Motogoog is in front of eu right now for monopoly abuse.

    49. Re:How about no? by recoiledsnake · · Score: 1

      Right, and Apple is infringing and not paying the licensing fees. So, why do they get a free pass? Their products should be banned just the same.

      They don't get a free pass, just wait for the court to set a rate, and Apple will pay Samsung the amount that the court decides, including past damages. Part of the FRAND obligation is to make it difficult to ban products.

      --
      This space for rent.
    50. Re: How about no? by noh8rz10 · · Score: 1

      Why would anyone buy an iPhone in the third quarter, when it was widely rumored Apple was set to introduce a new iPhone beginning of Q4? (in other words, the only meaning market share numbers for this industry are annualized.)

      Not gonna happen. They do an annual fall release.

    51. Re:How about no? by hairyfeet · · Score: 1

      You know what I find hilarious? How many foolishly believed they could fix a corrupt system by voting within that system. I told folks when the first "Obama Fever" spread through the land that he would be NO different than President Shrub or McSame and that his motto should really be "Yes We Can! (But I won't)" but did they listen?

      Well I hope that all the bribery, kickbacks, NSA spying, curtailing of liberties, etc has taught you all a valuable lesson. The lesson is simple folks, you can't change a corrupted system from within....because its corrupted, duh! All you can do is grab as much as you can for yourself before the stock market bubble bursts because when it does? It'll make the great depression look like a flash crash.

      As for TFA? Samsung didn't throw enough bribes at the CREP and so got screwed, just as those that threw money in his cup like Solyndra got billions in "free money". Like any other corrupted system only those that bribe the right people benefit, surprise surprise. Hows that "Hope and Change" working out?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    52. Re: How about no? by jareth-0205 · · Score: 1

      And here's what Apple smartphones looked like in 2006

      http://en.wikipedia.org/wiki/HTTP_404

    53. Re:How about no? by jo_ham · · Score: 1

      To use a car analogy, it cost Chevy a lot of time and money to come up with the specific shape of the Corvette. That design is protected by a design patent (note: not a method patent).

      How long would it take Ford to copy the design and start rolling out copies of the Corvette? Say stick a Corvette body on a Mustang chassis.

      Why don't Ford do that?

      I'll argue that the "classic" iPhone design that is protected by the design patent that Apple has protected - a flat, glossy slab with a large screen, minimal buttons and rounded corners - is much closer to generic that a Corvette is to being a generic car, but that's the crux of the argument here.

      Just because it's trivial to copy something doesn't mean it's not without merit as an original design. Look at the original Motorola flip phone, for example. No one was doing flip phones before them, then they come out with one and it's a hit. How long does it take to innovate a hinge into a phone? Why was no one doing it before them, but then suddenly there's a whole slew of flip phones after they suddenly get popular...?

      This sort of thing has been going on for as long as there have been consumer products. Hoovers before Dysons were all pretty much the same - motor, fan, cavity with one opening, bag that is permeable to air but not dust. Then Dyson comes out with a bag less design. Now go and look at all the hoovers that also have bagless designs... Why weren't there that many before? They didn't all just decide one day to "innovate" at the same time.

    54. Re: How about no? by Anonymous Coward · · Score: 0

      Sony had a grid icon based touch screen smart phone long before Apple came along and took a copy of Sony's blueprints and used them to change direction.

      If you're talking about the home screen as I think you are, please provide a citation that Sony built a touchscreen smartphone before 1993, when Apple first used that design on a mobile device.

    55. Re:How about no? by nurb432 · · Score: 1

      That's pretty obvious favoritism

      Welcome to politics.

      --
      ---- Booth was a patriot ----
    56. Re:How about no? by Anonymous Coward · · Score: 0

      Apple's only doing well because they paid Obama to prevent the blockade of 95% of their product line from being imported due to international recognition of patent violations by Apple.

      Only the stay by a corrupt President allows Apple to stay in business.

    57. Re: How about no? by Z00L00K · · Score: 1

      When a company starts to fight other companies in court for patent issues it's a sign that the company is in decline and is losing its edge.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    58. Re:How about no? by shugah · · Score: 0

      Apple's patents were for frivolous bling and obvious trade dress (rectangle with rounded corners).

      --
      If you aren't part of the solution, then there is good money to be made prolonging the problem
    59. Re:How about no? by AmiMoJo · · Score: 1

      Samsung offered to licence then under FRAND terms but Apple refused. A court and jury agreed that Apple was in the wrong.

      On the other hand Apple has some design parents that are basically worthless except for suing the completion.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    60. Re:How about no? by Anonymous Coward · · Score: 0

      Bollocks.

      Apple's patents were bullshit to start with, and are continually being overturned at the patent office. Samsung shouldn't _have_ to work around them, and it's far from clear that Samsung even infringed in the first place - that trial was a fucking farce.

      Samsung's patents may be FRAND but that doesn't mean that people should be able to use them without paying a fair or reasonable amount. Apple used them and refused to negotiate. Just what the fuck are Samsung meant to do in that circumstance? Ignore the patent?

      Obama was playing petty protectionism and nothing else. Sure, Samsung may own half of Korean politics but that doesn't make Obama's corruption any less.

      That billion dollar suit should have been thrown out instead of being reduced to (if I remember right) 120 (give or take) million dollars. Samsung had evidence that Assholes patents were garbage but weren't allowed to use it??? And disturbingly enough I have a bad sense that this will repeat itself in the next trial!!!!

    61. Re: How about no? by Anonymous Coward · · Score: 0

      Learn the facts.

    62. Re:How about no? by Electricity+Likes+Me · · Score: 1

      I would say they almost certainly had thought of them, and were all waiting to see if it was commercially successful elsewhere.

      Which is why most of these patents get shot down - because the US is about date of invention, not date of filing, and so if you had the concept thought up then hey, you did in fact get their first.

      Frankly, the Apple patents on the look of the iPhone are stupid - because it comes down to arguments over the precise curvature of corners, whether the screen has to be flat or not and any number of other stupid things. PDAs and actual phones (WinCE phones) were converging on the iPhone design for a long time - so then you get to "if the technology wouldn't allowed it..." considerations and all that other stuff. It's a god damn mess.

    63. Re:How about no? by rtb61 · · Score: 1

      I might just have something to do with the morals of a typical US judge. You only have to look how the US supreme court twists the constitution inside out and basically making stuff up to get to their extraordinarily corrupt rulings. Apple is losing, as a fad product with enormously inflated profit margins driven by manipulative marketing, their customers are going to end up being mocked more and more for paying too much for too little. Apple is suing to ensure it can continue to rip off their customers for as long as possible, youch (having that apple logo in your pocket is going to become real embarrassing).

      --
      Chaos - everything, everywhere, everywhen
    64. Re: How about no? by Anonymous Coward · · Score: 0

      They are not worthless if the competition uses them without licenses. In this case the worthless patents where worth 900 million dollar.

    65. Re:How about no? by Anonymous Coward · · Score: 0

      The law is an ass.

      News Flash dated June 11 2014 Apple have declared they are pulling out of the Phone and tablet market to concentrate on shit house mechanicing ...

    66. Re: How about no? by Anonymous Coward · · Score: 0

      Shirley I must call for being preposterous. Apple spends the least amount of all tech companies on lobbying. But your sorry ass of a fact twisting Samsung fan surely knows that.

      And thanks for the straw man of Tim's sexuality. Totally irrelevant. Are you homophobic. Would explain your small brain.

    67. Re: How about no? by Anonymous Coward · · Score: 0

      1. Learn the differences between a FRAND patent (SEP) and one that isn't.

      1. Design trademarks (patents) are known worldwide not just in the US.

      You know nothing, yet you dare to judge in absolute terms.

    68. Re: How about no? by Anonymous Coward · · Score: 0

      "PC clone?!?" -TJ

      Some awesome Apple marketing right there.

    69. Re:How about no? by Theaetetus · · Score: 1

      Samsung's patents may be FRAND but that doesn't mean that people should be able to use them without paying a fair or reasonable amount. Apple used them and refused to negotiate. Just what the fuck are Samsung meant to do in that circumstance? Ignore the patent?

      File a lawsuit, go to court, get a judgement, and collect phat loot in damages, same as every other FRAND patent owner? What they can't do is do an end-run around the courts and go to the ITC seeking an injunction only. The ITC can't award damages, only injunctions, and damages are the only possible award for violation of a FRAND patent, by definition. There is no corruption here, just logic.

    70. Re:How about no? by Theaetetus · · Score: 1

      This particular judge disallowed Samsung from showing the jury its prior art (phones that it had in the design pipeline before the iPhone was announced) because the Samsung lawyers missed a filing deadline. She let the letter of the law (a filing deadline) override the intent of the law (to get to the truth of the matter).

      A deadline that Samsung knew about 6 months in advance, with designs that, as you note, Samsung knew about for years. It's not like they suddenly found these designs - they sat on them in secret and did not put them in their evidence lists, so that Apple and it's expert witnesses couldn't prepare. Contrary to Hollywood's presentation of the legal system, you don't actually get to call in surprise witnesses or bring up new evidence on the eve of trial. And preventing wins through trickery and last-minute maneuvers is both the letter and the intent of the law.

    71. Re:How about no? by Anonymous Coward · · Score: 0

      ^^

      Truth!

      I'll say again that my takeaway from Apple's douchebaggery is don't wast real money and expertise and hard research as it just doesn't pay. Just hire some monkeys(or MBAs) and make up a bunch of BS and sue the living shit out of everyone in sight on obvious things.

    72. Re:How about no? by Anonymous Coward · · Score: 0

      Well according to all the Android users, Apple will be out of business soon. Apple only makes 2 phones models and controls a paltry 40% of the world market. Samsung and Android are crushing them at every turn.

    73. Re: How about no? by Kartu · · Score: 1

      My Compac iPaq 5555 had touch screen and grid of icons (which look rather outdated compared to what Android OS has, I have to note) long before iPhone.

      Jump from pocket PC to phone that is also a pocket PC was obvious to me, back in 2005, when my iPaq died and I couldn't find a good replacement.

    74. Re:How about no? by StripedCow · · Score: 1

      But what if Shaeffer was, simultaneously, researching this?

      Assuming they took a systematic approach as well, testing all possible combinations of viscosities and form-factors, they should arrive at more or less the same design.

      Patents are built upon the misconception that what one person invents, another person cannot invent.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    75. Re:How about no? by Anonymous Coward · · Score: 0

      Samsung offered to licence then under FRAND terms but Apple refused. A court and jury agreed that Apple was in the wrong.

      On the other hand Apple has some design parents that are basically worthless except for suing the completion.

      Liar. Does Samsung pay well?

    76. Re:How about no? by Anonymous Coward · · Score: 0

      This particular judge disallowed Samsung from showing the jury its prior art (phones that it had in the design pipeline before the iPhone was announced) because the Samsung lawyers missed a filing deadline. She let the letter of the law (a filing deadline) override the intent of the law (to get to the truth of the matter).

      So you advocate letting Samsung drag out the whole affair by simply claiming to need a few more months to put together evidence they had from day one? Yeah, figures.

    77. Re:How about no? by Anonymous Coward · · Score: 0

      Say stick a Corvette body on a Mustang chassis.

      Why don't Ford do that?

      Because the Mustang handles badly enough as it is. ;-)

  2. Apple is a terrorist. by jedidiah · · Score: 4, Funny

    Apple is a terrorist asking for the suspension of basic civil liberties just to suit their own bottom line. If there are other devices that "infringe on their rights", they need to go through the complete process to ban those. They should not get a free pass on due process. If they want to be anti-competitive jackasses, they need to follow the rule of law while doing it.

    --
    A Pirate and a Puritan look the same on a balance sheet.
    1. Re: Apple is a terrorist. by Anonymous Coward · · Score: 0

      When was the last time any consumer, anywhere in the world, was severely affected by any of this litigation? A few Germans have slightly wonky email access at the moment. RIM customers had a slightly rocky month or two several years back, after RIM stupidly let a jury dictate things. And, um, that's about it. All these stories amount to nothing more than what number one side has to write on the check it sends to the other side.

    2. Re: Apple is a terrorist. by Nerdfest · · Score: 1

      Who do you think pays off the amount on that cheque? The crap Apple (and others) pull is anti-competitive and anti-consumer.

    3. Re: Apple is a terrorist. by Anonymous Coward · · Score: 1

      Seriously. Give me a break. They're all doing it to each other -- it's a downward spiral in which if companies don't sue each other, they're not playing the game by the rules as they are right now. Samsung is every bit as bad or worse than apple in the same arena.

    4. Re: Apple is a terrorist. by Anonymous Coward · · Score: 0

      Apple is the number one target/victim for this crap, don't just fixate on the stories posted on Slashdot. Patent trolls aim at whoever has a lot of cash on hand, and Apple has a lot of that obviously. Yes, Apple has often been the aggressor as well, but that's par for the course in the Fortune 500.

    5. Re:Apple is a terrorist. by Anonymous Coward · · Score: 0

      Apple is a terrorist? Puhleeze. Until the iPhone came along, every high-end cell phone had clunky keyboards and crappy displays, and looked like plastic garbage. After the iPhone came along, phones started looking like, well, like iPhones! The copycat actions of Google and Samsung to imitate the iPhone are transparent and egregious.

      Let Google and Samsung do something original for once. (This is one time I applaud Microsoft - at least their phone shows some original thought.) In the meantime, Apple is right to be defending its product designs.

      And no, I don't own an iPhone - I have no particular need for one. My LG flip phone predates the iPhone by years. Nor do I own Apple stock. I do, however, admire good, original design.

    6. Re: Apple is a terrorist. by Anonymous Coward · · Score: 0

      LoL @ Apple being a victim. Their business practices are reason number one why the arena has become so bloody. If they occasionally -- and let's be honest here: that's occasionally -- get bashed in the face, then that's just karma paying them a visit.

    7. Re:Apple is a terrorist. by Anonymous Coward · · Score: 0

      Yes, once it was apparent that consumers desired pocket-sized phones with touch-based interfaces, such phones became commonplace. That's just good business sense: give your customers what they want. And that is what Apple wants exclusive rights on: the ability to address consumer demand.

    8. Re: Apple is a terrorist. by Anonymous Coward · · Score: 0

      Reason #1 is USA patent law. Any particular corporation or legal firm is a distant #2 at best.

    9. Re:Apple is a terrorist. by Anonymous Coward · · Score: 0

      And no, I don't own an iPhone - I have no particular need for one. My LG flip phone predates the iPhone by years. Nor do I own Apple stock. I do, however, admire good, original design.

      Apple admires good, original design as well. That's why they steal it. And then sue others for "infringing" on it.

    10. Re: Apple is a terrorist. by Anonymous Coward · · Score: 0

      That's the method; not the reason. It's not the pipe's fault that somebody used it to bludgeon another person -- the weapon is not the reason; it's the method. While it certainly doesn't help things to have all these pipes laying around, the blunt instrument that is patent law doesn't go around filing frivolous lawsuits of its own accord.

    11. Re:Apple is a terrorist. by mark-t · · Score: 5, Informative

      Apple did not invent what we now call the smartphone. The iPhone merely has the distinction of being the first really popular such device.

      IBM came out with their touch-based "Simon" phone in 1993, which although it had a black-and-white screen and lacked multitouch capabilities, still had many of the features we associate with smartphones today. Users dialed with a onscreen keypad, and Simon included a calendar, address book, can be understood alarm clock, and e-mail functionality.

      A Swedish company, Neonode, came out with a touch screen phone in 2003 (arguably unimaginatively named the N1m) that even utilized gestures, including the now very familiar "slide to unlock" functionality... which so many people associate with the iPhone these days (although in actuality, the intuitiveness of slide-to-unlock gesture is really quite obvious when you compare such an operation to that of sliding a deadbolt open).

      But arguably neither of these phones looked a lot like the iPhone... But this in no small part because technology really needed to catch up to the concept. Nonetheless, if you look at pictures of either of those devices, especially in operation, you will probably recognize many familiar concepts which we now come to expect in a smartphone today.

      Enter the LG Prada, in 2006, a fully multitouch smartphone unveiled not that long before Apple publicly unveiled the iPhone, and which looks so similar to the iPhone that LG actually accused Apple of copying *THEM* (although in actuality, their release dates were near enough to each other that it is unlikely that either had had any significant influence on the other).

      So perhaps, instead of anyone copying anybody else, smartphones look and operate the way they do because it is a design that comes spontaneously from a combination of the evolution of technology, intuitive operation, and overall practicality... not, as you put it, imitation that is both "transparent and egregious"

    12. Re:Apple is a terrorist. by Anonymous Coward · · Score: 0

      May I tell you about the LG Prada, the iPhone was a rip off of that phone crossbreeded with a Sony prototype

    13. Re:Apple is a terrorist. by BasilBrush · · Score: 0

      So perhaps, instead of anyone copying anybody else, smartphones look and operate the way they do because it is a design that comes spontaneously from a combination of the evolution of technology, intuitive operation, and overall practicality...

      I'm afraid not. See here for the story from an Android Engineer, about the day they saw the iPhone unveiled, and they had to start again from scratch on their design.

      http://www.theatlantic.com/technology/archive/2013/12/the-day-google-had-to-start-over-on-android/282479/

      It's no coincidence that Android phones have so many similarities to the iPhone. It's plagiarism, pure and simple.

      Now I'm not saying that Apple have never copied other people's features. But lets not deny that Google did it on a vast scale when they reengineered Android to look more like the iPhone.

    14. Re:Apple is a terrorist. by mark-t · · Score: 1

      You're right... it's no coincidence.

      The reason they are similar is, as I said, a matter of what is intuitive operation, combined with the state of what is technologically possible to achieve at the time, and overall practicality. The fact that the first generation of Android phones looked more like blackberries while those that came later looked more like iphones is no more reason to suspect that they copied the iphone than the fact that Apple's device looked like LG's first such device was a reason to suspect that Apple copied LG (in actuality, they could not have... the devices were unveiled within mere months of eachother, and neither could have even conceivably copied the other's design).

      Now I won't argue that the iPhone had influence on the design of future devices... but influence, even if quite obvious and direct, is not the same thing as actually copying something.

    15. Re:Apple is a terrorist. by BasilBrush · · Score: 1

      The fact that the first generation of Android phones looked more like blackberries while those that came later looked more like iphones is no more reason to suspect that they copied the iphone than...

      In the article I linked to, Android Engineer Chris DeSalvo, and director of the Android team Andy Rubin both admit that they stopped development of Android and started in a whole new direction after the day they saw the iPhone. There is no inevitability of a one-true phone design here. Simply a company seeing that their competitor has a far better product than the one they have in development, and so they changed direction and widely copied it's look and feel.

      We have the documented cause and effect here. The LG Prada was a coincidence - release dates make that clear. But the Android becoming iPhone like after having seen the iPhone is admitted to by the people that did it.

    16. Re:Apple is a terrorist. by mark-t · · Score: 1

      I would argue that Google copied Apple in their design of phone to about the same degree that Linus copied Minix. It influenced it, quite heavily, even, but was not a copy.

    17. Re:Apple is a terrorist. by BasilBrush · · Score: 1

      Right. But Minix was intended for educational use. It was intended to inspire and equip students to create their own OSs. Which is exactly what Linux did.

      Not so when Google based their restarted Android development look and feel on the iPhone.

    18. Re:Apple is a terrorist. by kthreadd · · Score: 1

      Apple can always ask for a ban, but it will only be approved if it's actually legit.

    19. Re:Apple is a terrorist. by Nemyst · · Score: 1

      Amusingly, TVs and laptops also very often look extremely similar, to the extent that you'd often be hard pressed to distinguish them if it weren't for the logo prominently displayed under the screen. And yet, only in smartphones do suits fly and lawyers make a ton of money, and most of the time a certain company is involved.

    20. Re:Apple is a terrorist. by mark-t · · Score: 1

      Yes, that's an excellent example. Thank you. Designs of an appliance converge on a particular one not necessarily out of any attempt to copy another particular one, but as a consequence of what is actually discovered to be genuinely practical in the real world, both functionally and cosmetically.

    21. Re:Apple is a terrorist. by Hognoxious · · Score: 1

      You know, I've got a hammer. It's got a handle thing, then a sort of shaft and a heavy bit on the other end.

      And the tool shops are full of copies of it!

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    22. Re:Apple is a terrorist. by thegarbz · · Score: 1

      So a company changed and adapted in the face of competition. I suppose you may say Windows 8 now copied Apple too i.e. they changed the direction of development?

      Changing direction isn't anything special. It happens daily in the software world, both in user facing applications and in the back end. You want to talk about influence just look at how many "innovative" features of iOS came many years after Android.

      Heck we're all so quick to forget that the first version of iOS didn't even allow copy-paste operations. By including that did they just follow the users wishes, or were they blatently ripping of Android because Android did it first? What about pulldown notifications, or panoramic mode? Or maybe look at the hardware specs which have adapted as well, remember a time when Apple said there will never be a 5" tablet? I guess they copied that from Samsung, those bastards.

      Simply following and cherrypicking a development timeline does not give you the complete picture. Ever thought there's less copying and more responding to consumer demands that people may think?

    23. Re:Apple is a terrorist. by BasilBrush · · Score: 1

      Which is fine, as all the patents on hammers are long past. Google and Samsung's error was that they didn't wait for patents to expire before copying.

    24. Re:Apple is a terrorist. by BasilBrush · · Score: 1

      I suppose you may say Windows 8 now copied Apple too

      No, because the Windows 8 UI is original. It's not based on either of Apple's UIs. Android's UI isn't original, it's largely a copy of iOS.

    25. Re:Apple is a terrorist. by thegarbz · · Score: 1

      Right so Android's use of widgets, pull down notifications, separate home screen and app drawer, copy-paste features, different lock screen, support for flash is somehow a copy of Apple because the app icons weren't laid out in the square or hexagon?

      I'm describing Android 1.0 by the way. Re-designing does not mean copying. Android wouldn't be anywhere near good as it is if it simply copied, something which Apple has done with one Android feature after another over the years despite repeatedly saying consumers don't want that feature.

      I noticed you cherry picked my reply as well. Why not reply to every point I made?

    26. Re:Apple is a terrorist. by BasilBrush · · Score: 1

      Right so Android's use of widgets, pull down notifications, separate home screen and app drawer, copy-paste features, different lock screen, support for flash is somehow a copy of Apple because the app icons weren't laid out in the square or hexagon?
      I'm describing Android 1.0 by the way.

      Android's 1.0's inclusion of some features that were not in iPhone 1.0 does nothing to cancel out the fundamental copying of the look and feel that Google did do.

      The fact is the early Android UI was a rip off of Blackberry. After the iPhone came out, Google changed direction, and copied iPhone instead.

    27. Re:Apple is a terrorist. by Anonymous Coward · · Score: 0

      A terrorist is someone who steals the TV from your living room whereas a freedom fighter steals the stereo.

    28. Re:Apple is a terrorist. by thegarbz · · Score: 1

      Again expand on this with examples. They look to follow and have always followed fundamentally different philosophies. Are you saying that laying out a list of apps with icons is an Apple invention? Maybe you're thinking the shape of a keyboard is an Apple invention. You do realise that a layout showing a grid of icons dates back to Windows mobile 6 and earlier blackberry OSes?

      You must be confusing Samsung's modifications which have always tried to mimic Google.

    29. Re:Apple is a terrorist. by BasilBrush · · Score: 1

      Again expand on this with examples.

      Example: Direct manipulation to scroll, rather than using a D-Pad or manipulation of scroll bars.

      Example: Tap to zoom.

      Example: Two finger zoom.

      Apple was the first to bring these things to a phone. They were previously thought to be concepts for very large screen devices. They are far more fundamental to the look and feel Apple brought to phones than any of the peripheral features you mention.

      Google copied iOS when they restarted their Android development.

    30. Re:Apple is a terrorist. by Hognoxious · · Score: 1

      I doubt hammers were ever patented. But the point is that you can't make a hammer that doesn't follow the basic form I described.

      Which is why Apple's patents are bullshit.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    31. Re:Apple is a terrorist. by BasilBrush · · Score: 1

      But you can make a mobile phone in many different forms. The one that Android phones tend to use is copied from iPhone, but there are plenty of other options. We've seen plenty of options over the years. Indeed as I said, Android's original reference design was a Blackberry copy, which is quite different from an iPhone copy. And there are plenty of other design options that haven't been made into devices yet.

  3. eh ? by Pop69 · · Score: 4, Insightful

    Apple want an injunction to ban the import of future devices that the court hasn't found to be infringing?

    How does that work ?

    1. Re:eh ? by scuzzlebutt · · Score: 1

      Guessing as a punitive measure.

      --
      In C++, your friends can see your privates.
    2. Re:eh ? by TheBlueCrab · · Score: 1

      They want an injunction to ban the devices the court found to be infringing. They could then use that to argue in a future case that new devices are essentially the same as the old devices (thus still infringing the same patents) and use that to support a new injunction banning the newer devices.

    3. Re:eh ? by Nerdfest · · Score: 2, Insightful

      Since they seem to be able to have the President waive their own bans, I can't see why they wouldn't ask for pretty much anything that would make them happy. There's quite obviously some biased process in place.

    4. Re:eh ? by bill_mcgonigle · · Score: 3, Insightful

      How does that work ?

      Corporatism/fascism. Oh, wait, you mean that rhetorically, didn't you?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    5. Re:eh ? by zlives · · Score: 1

      preemptive war, its something we do.

  4. Just stop by Anonymous Coward · · Score: 2, Interesting

    Just stop selling electronics to the US. Prohibit all export from Asia. The dollar won't be worth anything soon anyway and the US will never pay back is debts. Don't do business with dishonest people.

    1. Re:Just stop by Anonymous Coward · · Score: 0

      HAMMER TIME!!!

    2. Re:Just stop by Anonymous Coward · · Score: 0

      Samsung: Can't touch this

      captcha: rounded

    3. Re:Just stop by BasilBrush · · Score: 2

      Unfortunately, whilst Asia is the biggest manufacturer, the USA is the world's biggest consumer. They need each other.

    4. Re:Just stop by marcosdumay · · Score: 1

      Nobody needs a consumer, unless that consumer has something of value to give back. That line is too simplist to be true (altough they do need each other).

    5. Re:Just stop by BasilBrush · · Score: 1

      Sure. What they have to give back is money.

    6. Re:Just stop by marcosdumay · · Score: 1

      Money by itself is worthless, and that is one of the few contexts where we should pay attention to that.

      If you lend money to a client so he buys your product, you'll only want to do that if you trust that the client will pay you back with something worthwile. China needs the US because the US has a big manufacturing base, and grows a lot of food. It's not because the US is a big consumer.

  5. Re:20+ devices by Tr3vin · · Score: 3, Informative

    They aren't all "current-gen" devices. In fact, a number of the devices that are to be banned are not even sold anymore.

  6. Re:20+ devices by king+neckbeard · · Score: 2

    How about we let the market decide instead of lawyers?

    --
    This is my signature. There are many like it, but this one is mine.
  7. ...not more than colorably different... by NoNonAlphaCharsHere · · Score: 4, Insightful

    LOL. This from a company that uses rounded corners as a patentable way to differentiate themselves from the rest of the market. By that light, being a different color sounds like "innovation" to me ;)

    1. Re:...not more than colorably different... by MrCoke · · Score: 2

      Design patents are real, we have to deal with them. I'm surprised of the constant bickering about this on ./ . Classic industry is using them for decades (easiest example: cars). IT is catching up.

      Doesn't mean I like or endorse the concept of design patents though.

    2. Re:...not more than colorably different... by sribe · · Score: 1

      LOL. This from a company that uses rounded corners as a patentable way to differentiate themselves from the rest of the market. By that light, being a different color sounds like "innovation" to me ;)

      Was that sarcasm? It didn't sound like it. So, learn to use a dictionary, start with the word "colorable"...

    3. Re:...not more than colorably different... by NoNonAlphaCharsHere · · Score: 3, Insightful

      If the current patent mess had been in place when cars were first industrialized, one automaker would have had the patent on the gas pedal, another on brake lights, another on the turn signal lever, and still another on windshield wipers. They could all either cross-license each other's "IP", or invent a totally different way to do trivially simple operations. The Apple (or Amazon) of the day would have been claiming rights to the concept of "internal combustion". Of course, cell-phones have to interoperate with towers and other infrastructure, so there's really only ONE way to do certain things...

    4. Re:...not more than colorably different... by S.O.B. · · Score: 2

      Was that sarcasm? It didn't sound like it. So, learn to use a dictionary, start with the word "colorable"...

      I believe it's "colourable".

      --
      Some of what I say is fact, some is conjecture, the rest I'm just blowing out my ass...you guess.
    5. Re:...not more than colorably different... by Anonymous Coward · · Score: 0

      What do you expect?

      From yet again the same company that made a HUGE deal about releasing colored iPhones.

    6. Re:...not more than colorably different... by FlatEric521 · · Score: 3, Informative

      If the current patent mess had been in place when cars were first industrialized

      It was. George B. Selden is credited as being an early patent troll. He patented a version of the internal combustion engine, then went around demanding licensing fees from automobile manufacturers. It was eventually overturned, but was a early indicator of the problems in the patent system. Read more here: http://www.fool.com/investing/general/2012/11/05/the-original-patent-troll.aspx

    7. Re:...not more than colorably different... by Anonymous Coward · · Score: 0

      If the current patent mess had been in place when cars were first industrialized, one automaker would have had the patent on the gas pedal, another on brake lights, another on the turn signal lever, and still another on windshield wipers.

      There was a intermittent windshield wipers invention by Robert Kearns and was screwed over by Ford.

      There is no problem in recognizing that, you might not think so but those were breakthrough inventions of their days!

    8. Re:...not more than colorably different... by jo_ham · · Score: 1

      If the current patent mess had been in place when cars were first industrialised

      It's been this way for a lot longer than that. Since the invention of the static steam engine, patents have been used like this. James Watt was a pretty egregious "patent abuser" back in the day, that ensured that his engines were the only engines that worked efficiently, brutally enforcing his patents on specific parts of the design to great effect.

    9. Re:...not more than colorably different... by mcgrew · · Score: 1

      If the current patent mess had been in place when cars were first industrialized, one automaker would have had the patent on the gas pedal, another on brake lights, another on the turn signal lever, and still another on windshield wipers.

      The current patent mess was in place then, except there were a lot fewer inventors so a lot fewer patents. But when Ford started building the Model T, guess what happened? The other auto makers sued Ford for patent infringement, even though they infringed no patents!

      Oh, and BTW, when cars were first industrialized (before Ford when only the rich had cars), the gas pedal wasn't standardized (still wasn't with the Fords), there were no brake lights, there were no turn signals (you signaled with your arm), and there were no windshield wipers.

      If Mr. Smith's car is one of the high, hideous, but efficient model T Fords of the day, let us watch him for a minute. He climbs in by the right-hand door (for there is no left-hand door by the front seat), reaches over to the wheel, and sets the spark and throttle levers in a position like that of the hands of a clock at ten minutes to three. Then, unless he has paid extra for a self-starter, he gets out to crank. Seizing the crank in his right hand carefully (for a friend of his once broke his arm cranking), he slips his left forefinger through a loop of wire that controls the choke. He pulls the loop of wire, he revolves the crank mightily, and as the engine at last roars, he leaps to the trembling running-board, leans in, and moves the spark and throttle to twenty-five minutes of two. Perhaps he reaches the throttle before the engine falters into silence, but if it is a cold morning perhaps he does not. In that case, back to the crank again and the loop of wire. Mr. Smith wishes Mrs. Smith would come out and sit in the driver's seat and pull that spark lever down before the engine has time to die.

      Finally he is at the wheel with the engine roaring as it should. He releases the emergency hand-brake, shoves his left foot against the low speed pedal, and as the car sweeps loudly out into the street, he releases his left foot, lets the car into high gear, and is off. Now his only care is for that long hill down the street; yesterday he burned his brake on it, and this morning he must remember to brake with the reverse pedal, or the low-speed pedal, or both, or all three in alternation. (Jam your foot down on any of the three pedals and you slow the car.)

      Frederick Lewis Allen, Only Yesterday

    10. Re:...not more than colorably different... by thegarbz · · Score: 1

      and still another on windshield wipers.

      Funny you mention that. The history of windshield wipers had multi-year patent disputes between inventors, copy cats, major car companies etc for every tiny change in design.

      There was a patent dispute about the manual wipers in the 1900s
      There was a patent dispute about split wipers for each windows in the 1910s
      There was a patent dispute about automatic wipers in the 1920s
      There was a patent dispute about intermittent wipers in the 1970s (they even made a movie about this one).

    11. Re:...not more than colorably different... by marcosdumay · · Score: 1

      Well, I guess I'll patent shirts with sleeves. Since design patents are no big deal, I see no reason for it getting denied. (Yep, that's so big a non-sequitour as your comment.)

    12. Re:...not more than colorably different... by Anonymous Coward · · Score: 0

      Design patents are real, we have to deal with them. I'm surprised of the constant bickering about this on ./ . Classic industry is using them for decades (easiest example: cars). IT is catching up.

      Doesn't mean I like or endorse the concept of design patents though.

      Anyone know if Porsche suit anyone for round headlights, because that's kind of their signature as well.

  8. Stop shotgun approach: Uh, why? by Chas · · Score: 4, Insightful

    I think you're misunderstanding why this is done this way.
    You have multiple devices partly due to having multiple, mutually exclusive carriers.

    In addition, you may have a couple tiers of products, as not everyone is going to go for the Uber-'spensive top end device.

    Their approach allows them to hit multiple carriers at multiple price points.

    On top of that, having multiple offerings means they have a better chance of finding the devices people want and then slimming down their offering portfolio later, as they refine the devices that people are buying and abandon the ones that don't sell and finding a way to roll any possible unique/desirable features down into other devices.

    Apple gets away with "You will fit your lifestyle to what we offer you. And LIKE IT!". They get away with it because they're Apple and people know that they're expected to put up with Apple's crazy bullshit for "teh schmexy".

    For people who refuse to be cookie cutter'ed (see "sane people"), there's a plethora of choices and you can pick the one that intersects someplace acceptable along your "needs" and "budget limits" lines.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:Stop shotgun approach: Uh, why? by Raistlin77 · · Score: 2

      I think you're misunderstanding why this is done this way.
      You have multiple devices partly due to having multiple, mutually exclusive carriers.

      Apple does the same. Apple makes different versions of the iPhone and iPad to work with all carriers that currently offer and/or support those devices.

      In addition, you may have a couple tiers of products, as not everyone is going to go for the Uber-'spensive top end device.

      Their approach allows them to hit multiple carriers at multiple price points.

      Currently available iPhone models:
      iPhone 4s (8GB) (black, white)
      iPhone 5c (16GB, 32GB) (white, pink, yellow, blue, green)
      iPhone 5s (16GB, 32GB, 64GB) (silver, space gray, gold)

      Currently available iPad models:
      iPad Mini (16GB) (WiFi, WiFi + Cellular)
      iPad Mini w/ Retina (16GB, 32GB, 64GB, 128GB) (WiFi, WiFi + Cellular)
      iPad 2 (16GB) (WiFi, WiFi + Cellular)
      iPad Air (16GB, 32GB, 64GB, 128GB) (WiFi, WiFi + Cellular)

      Total product variations listed above: 41

      i-device price ranges:
      iPhone: Free-$849 (includes carrier subsidized and unlocked options)
      iPad: $299-$929

      On top of that, having multiple offerings means they have a better chance of finding the devices people want and then slimming down their offering portfolio later, as they refine the devices that people are buying and abandon the ones that don't sell and finding a way to roll any possible unique/desirable features down into other devices.

      Apple has already done this - everything they make sells, and sells good. You mean to bash Apple, but really you're just praising them.

      Apple gets away with "You will fit your lifestyle to what we offer you. And LIKE IT!". They get away with it because they're Apple and people know that they're expected to put up with Apple's crazy bullshit for "teh schmexy".

      One word: TouchWiz

      For people who refuse to be cookie cutter'ed (see "sane people"), there's a plethora of choices and you can pick the one that intersects someplace acceptable along your "needs" and "budget limits" lines.

      By your logic, the only "sane people" then are those that create their own phones. You're an idiot if you think Samsung's, or any other electronics maker's products, are any less cookie-cutter influenced than Apple's products.

    2. Re:Stop shotgun approach: Uh, why? by Anonymous Coward · · Score: 0

      "Apple gets away with "You will fit your lifestyle to what we offer you. And LIKE IT!". They get away with it because they're Apple and people know that they're expected to put up with Apple's crazy bullshit for "teh schmexy"."

      Wow, so full of himself... Doesn't it feel the least stupid and arrogant to, behind the comfort of your keyboard, second-guess the reasons and motivations of MILLIONS of customers' electronics purchases all over the world just with the wave of your hand? You somehow perfectly fit the description of an ignorant "no one fools me" type of person.

    3. Re:Stop shotgun approach: Uh, why? by Chas · · Score: 1

      Guess again.

      I'll freely admit that Apple has its own market segment.
      I'll also freely admit that I simply do NOT fit into it. At all.

      --


      Chas - The one, the only.
      THANK GOD!!!
    4. Re:Stop shotgun approach: Uh, why? by Miamicanes · · Score: 1

      apple doesn't force people to buy their products any less than samsung does.

      No, but it would dearly love to. If Apple could use "I desperately want _(some-non-negotiable-feature)_" as a way to force Android users to grudgingly surrender themselves into the soul-crushing (if tastefully-appointed) captivity of Apple's walled garden, it would do it in a heartbeat. Apple and Microsoft would dearly love to close "the Android Hole" that empowers users to run whatever they fucking feel like running, instead of limiting their software to apps that are neatly aligned with the priorities and agendas of the manufacturer and mobile carrier.

    5. Re:Stop shotgun approach: Uh, why? by jo_ham · · Score: 0

      Guess again.

      I'll freely admit that Apple has its own market segment.
      I'll also freely admit that I simply do NOT fit into it. At all.

      Right, but that's different to calling anyone who decides they are part of that segment "insane".

      I don't think people who have different selection criteria for electronic hardware to me are "not sane". They simply have different needs.

      It seems to matter to you that not only are you seen to be making the right choice for you, but that all those other people are so, so wrong for not making the same choices as you.

      You don't fit Apple's demographic? Good for you. I'm sure there are many other choices you can make. Someone else chose Apple? Oh my god what a moron! They clearly have made an insane choice! Unlike you, of course, who have made perfectly sane and normal product purchasing decisions.

      Why does it bother you so much that people choose Apple products because they actually like them? Why does it have to be that millions and millions of people are all somehow mentally impaired because they made a choice that you personally didn't? Can't you just say "that's not for me" and move on?

      Millions of people choose Android phones. I don't call them morons. I struggle to comprehend your mindset.

    6. Re:Stop shotgun approach: Uh, why? by Anonymous Coward · · Score: 0

      What you're doing is labelling everyone else but you (or everyone who buys Apple's products, take a pick) as "insane", making their purchases based solely on how much "schmexy" they can afford to pay for. Seriously, take a step back and look at your statements.

    7. Re:Stop shotgun approach: Uh, why? by Anonymous Coward · · Score: 0

      So for phones, thats 3 types, and I'm guessing 3 prices (why you would pay different money for different colours is ridiculous)
      There are way more than 3 types and prices of samsung phones.

      Different models of iphone: 3
      Different models of android phones: Bagillions

    8. Re:Stop shotgun approach: Uh, why? by Electricity+Likes+Me · · Score: 1

      You know you can just install over TouchWiz right? Even without root, Android freely lets you install alternative launchers. I like Nova.

    9. Re:Stop shotgun approach: Uh, why? by Anonymous Coward · · Score: 0

      Even without root, Android freely lets you install alternative launchers.

      Android does. Samsung does not.

    10. Re:Stop shotgun approach: Uh, why? by Anonymous Coward · · Score: 0

      There is no price difference based solely on color. All color options are priced the same. The price only changes with storage and generation, exactly the same as Samsung's offerings.

      Speaking of Samsung's offerings, even their own site puts everything other than prepaid into separate categories, of which there are only 3: Galaxy S, Galaxy Note, and Galaxy Nexus. Prepaid contains phones from those same categories and a slew of crap phones that only morons would buy.

      http://www.samsung.com/us/mobile/cell-phones/all-products

  9. Third times the charm? by DiEx-15 · · Score: 1

    Great. Another attempt by Apple to squash Samsung. What is this? Their third time? I lost count.

    You know, you are making it increasingly difficult to like you Apple.

  10. Poor Apple. by Anonymous Coward · · Score: 3, Insightful

    Poor Apple. They just can't compete in a market that doesn't care about status symbols as much as basic functionality. Their only recourse, rather than making better products, is to keep others from making them, thus forcing users to pay more for less. So much for that little company seeing themselves as heros fighting against Big Brother in television ads, you're just another bully fighting over the mass market carcass now. You've fallen so far you're making Samsung look like David.

    1. Re:Poor Apple. by mythosaz · · Score: 3, Insightful

      The top end Samsung devices are status symbols as well.

      iPhones are ubiquitous. At a glance, people can't tell one from another, especially once they're in their protective case.

      Phones are like watches. Gotta have a big one.

    2. Re: Poor Apple. by Anonymous Coward · · Score: 0

      This isn't about competing, it's simply about finding another revenue stream.

    3. Re:Poor Apple. by Anonymous Coward · · Score: 0

      Damn, I only use the clock on my phone and don't have a watch.

    4. Re:Poor Apple. by mikael · · Score: 1

      That's what they were used to doing. Waiting for technology to advance in several generations in every aspect of computer technology, so they could combine them together and have a completely new, unique and distinctive product that no-one had seen before. Just about every creative person dreams of doing that. When it was Apple vs. Microsoft/Intel, they only had to worry about the OS and CPU, desktop cases were more or less the same; gray box under the monitor.or mini-tower unit.

      The shrinking size of components let them design new and distinctive looking cases. But when you have new Android systems being rolled out every quarter at all market levels from wearable devices to netbooks, that becomes impossible for them. So the only option is to take legal action.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    5. Re:Poor Apple. by Osgeld · · Score: 2

      I can tell the difference, even in their cases, the iphones are absolutely tiny

    6. Re:Poor Apple. by rivaldufus · · Score: 1

      not so anymore! The cheap iphone looks different from the regular, as does the super gold iphone. Apple realized that once their stuff was ubiquitous, it'd be harder to differentiate the haves from the have nots. iphone c, and the gold iphone - problem solved

    7. Re:Poor Apple. by knarf · · Score: 1

      iPhones are ubiquitous. At a glance, people can't tell one from another, especially once they're in their protective case.

      Most cases I've seen for those phones have special holes to show the precious fruit so that anyone may be in awe of the person holding it. Those fragile things obviously need to be protected from the real world but showing that partly-eaten apple seems to be more important than providing more complete protection...

      --
      --frank[at]unternet.org
    8. Re:Poor Apple. by AmiMoJo · · Score: 1

      I find it interesting that Apple doesn't sue Google over its phones. Okay, there is the suing by proxy with Rockstar, but nothing directly over the Nexus 5. It's a better phone than the iPhone 5 on most counts and half the price. Seems like they prefer to sue foreign companies in their local court, rather than risk a fight with Google.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  11. Current patent system is crazy by spike6479 · · Score: 4, Insightful

    If we had the same crazy patent environment when cars were being developed, every car would have a different way to control it. Patents should protect true invention for a relatively short period of time to allow the inventor to capitalize on his work. Now they are just barriers to keep the markets closed. Big companies cross license patents to keep their monopolies.

    1. Re:Current patent system is crazy by ISayWeOnlyToBePolite · · Score: 1

      Cars actually did have diffrent ways to control them. The steeringwheel and clutch, brake, throttle pedal setup is standard now, but that hasn't always been the case.

    2. Re:Current patent system is crazy by Anonymous Coward · · Score: 1

      If we had the same crazy patent environment when cars were being developed, every car would have a different way to control it.

      Well, that's pretty much exactly what DID happen. Early patented automotive technologies required competitors to try different ways of solving the problems, and sometimes that resulted in better solutions, which is partly the point of a patent system.

      Control layout is not a good example from a patent perspective, since the patents were on individual elements, but it is a good illustration of your being misguided as to what technology development was like at the time. The first car with recognizably modern controls was the Cadillac Type 53 in 1916, which did not use the same control layout the Model T did when it was introduced almost a decade earlier, let alone designs from overseas. Other car companies copied this layout, but not overnight, and it wasn't until the 1930s that it became the de facto standard (or right around the time the patent would have expired anyway, had the layout itself been patented). At the time, there were plenty of other patents to contend with, and plenty of companies working around patents or seeking ways to improve and differentiate themselves.

      Tens of thousands of patents brought early cars to the form we recognize today, and ultimately it was the lack of differentiation that killed the diversity of automakers, while patented technologies in cars are a prime case study in how the patent system can be used effectively to promote innovation.

      Patents should protect true invention for a relatively short period of time to allow the inventor to capitalize on his work.

      They do just that.

      You're looking at a mature industry without historical context. Mobile is the wild west right now, but eventually it'll mature just like desktop computers and automobiles.

      Big companies cross license patents to keep their monopolies.

      If there is an opportunity and a benefit to cross-license, then by definition they don't have monopolies. Cross-licensing is a good thing. It's why we have standards and scales down prices of goods because multiple companies aren't stuck reinventing the wheel. Like anything else, it is subject to abuse, but there is literally nothing ever created by man that cannot be or has not been abused.

    3. Re:Current patent system is crazy by KingOfBLASH · · Score: 1

      The thing you're missing out on is timeline. Checking wikipedia, modern cars were invented in 1886. Henry Ford started producing model Ts in the 1910s.

      Over the course of the last 130 years patents haven't hurt cars in the slightest.

      The key is that patents take a very long view of things. In 100 years your tablet will use technology from Apple that is long expired.

    4. Re:Current patent system is crazy by Animats · · Score: 1

      If we had the same crazy patent environment when cars were being developed, every car would have a different way to control it.

      Early cars did have all sorts of control schemes. Some had steering tillers instead of wheels. There were throttle levers on the steering column on many vehicles. A Model T Ford has three pedals, two of which control the transmission. By the 1940s, things had settled down into something close to the current arrangement, but automatic transmission quadrants were not standardized until Congress stepped in. (GM had P-N-D-S-L-R, Ford and Chrysler had P-R-N-D-S-L). Standardization occured long after any relevant patents would have run out.

  12. Um, no. by Anonymous Coward · · Score: 5, Informative

    This "is a matter of law" only when law is on Apple's side. When Samsung got some of their devices blocked at ITC, they just came to Obama crying and Obama administration overturned ruling by decree. For me it's plain corruption, not a matter of law. Apple is a parasite who abuses laws when it suits them and using political connections to ignore laws when it works against them.

    1. Re:Um, no. by Anonymous Coward · · Score: 3, Insightful

      So, no different than any other mega-corporation, then.

    2. Re:Um, no. by Anonymous Coward · · Score: 0

      Even assuming that's an accurate assessment, which is debatable at best, you say that like Samsung is entitled to benefit from that because Samsung isn't a parasite who abuses laws when it suits them and using political connections to ignore laws when it works against them. Regardless of your personal device preferences, that is something you cannot even pretend to be true, given Samsung's history and conduct.

    3. Re:Um, no. by pablo_max · · Score: 5, Insightful

      Perhaps not. But who gives a fuck if Samsung hides from taxes in Korea. The US is not in Korea last time I looked.
      But, your buddies at Apple hide out in Ireland and pay only a tiny percentage of taxes they otherwise would. Meanwhile, we are firing teachers left and right. We cannot afford to fix our roads and bridges. But no, lets help companies like Apple and GE make insane profits operating in our society, while they contribute almost nothing back to it.

    4. Re:Um, no. by BasilBrush · · Score: 1

      You think Samsung doesn't owe taxes in the US as well? How do you imagine they manage to do profitable business in the US without owing taxes?

      Don't you understand that just as Apple owe taxes in the EU, Samsung owe taxes in the US?

      Or you think Samsung pays all that they should in the US, and doesn't do everything that they can to avoid paying, the same as every other multinational corporation?

    5. Re:Um, no. by maroberts · · Score: 1

      Apple owes taxes in the EU as it set up bases of operations in the EU, Ireland in particular as did Google. No one wants to put money back into the US as repatriating money would cause it to get taxed a shitload.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    6. Re:Um, no. by Hognoxious · · Score: 1

      How do you imagine they manage to do profitable business in the US without owing taxes?

      The usual method is via transfer pricing and/or licensing fees.

      Don't you understand that just as Apple owe taxes in the EU

      Except they don't. In Ireland a company owes taxes where it's controlled from (the US). But by US law, it owes them where its mailbox is (Ireland). Thus Apple pay them nowhere.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    7. Re:Um, no. by BasilBrush · · Score: 1

      Except they don't. In Ireland a company owes taxes where it's controlled from (the US). But by US law, it owes them where its mailbox is (Ireland). Thus Apple pay them nowhere.

      Apple pays tax on it's EU hardware sales in Ireland. And on it's iTunes sales in Luxemberg. They are low tax rates, and that's why Apple arranges things to pay them there, but they are not zero rate.

    8. Re:Um, no. by Anonymous Coward · · Score: 0

      So really, the people in the UK who voiced concerns over Apple and Google and other tax evaders were right.

      The system is broken, but then again.. what's new

    9. Re:Um, no. by Hognoxious · · Score: 1

      The distinction between paying a trivial token rate of tax and none at all irrelevant. Certainly any business or person paying the full rate in countries where they operate wouldn't go "Oh, that's OK then. I wonder what all the fuss was about?".

      Pity there's no tax on incorrect apostrophes, BTW.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  13. Swinging for the fence by Anonymous Coward · · Score: 0

    As you can see, we feel our competition should be banned from competing. Oh no? Well hey we had to try.

  14. So Apple, you want these devices banned... by wjcofkc · · Score: 1

    A lot of these devices are older and not even sold anymore. There are also a lot already on the street. If Apple really wants these evil patent infringing devices off of the street, then they should offer an official free trade in program. Perhaps at least people with the older phones would take advantage, and then only if it doesn't reset their upgrade cycle.

    --
    Brought to you by Carl's Junior.
    1. Re:So Apple, you want these devices banned... by jo_ham · · Score: 1

      Microsoft tried this - they were offering money off Surface and Surface Pros if you traded in an iPad.

      Didn't work out so well for them.

  15. I already have an import ban on all things Apple by Anonymous Coward · · Score: 0

    I am not going to buy another piece of Apple equipment and last year I declared my very
    own personal import ban on these products. The reasons for the ban is poor over-all
    durability of anything Apple merchandise, the inability of Apple to patch their broken graphics
    driver on my previous then still under-warranty(!) Macbook Pro. the fact that they are moving
    OSX towards a mandatory App store and their totally over the top pricing. I'm typing on my
    last macbook air here ever... and it's a $1200 value that sold for $2200 .. I guess I was that
    stupid once, but not anymore.

  16. Re:20+ devices by Anonymous Coward · · Score: 1

    Because that would be a free market approach, and my fellow Americans do not like the free market.

  17. I have a better idea by slashmydots · · Score: 1

    How about Apple just cut their stock price in half right now and skip the whole legal battle. Then they can focus on shooting themselves in the foot, making their products worse, and pissing off their customers.

  18. Big pile 'o Nope by SuperKendall · · Score: 3, Insightful

    the fact that they are moving
    OSX towards a mandatory App store

    All they did, a few versions ago, is allow developers to sign apps, and distribute through the app store - they have made ZERO moves since then towards a "mandatory" app store.

    If you think allowing developers to sign applications and having the OS ask before running anything unsigned (note that does NOT mean from the app store) is bad then you have not seen the average person's computer.

    and their totally over the top pricing.

    You mean like pricing a Mac Pro $2k less than you can buy the individual parts for it?

    I'm typing on my
    last macbook air here ever... and it's a $1200 value that sold for $2200

    And how much do you think a PC is worth after a year?

    Good luck with the switch but the grass is pretty much DEAD on the other side of the lawn.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Big pile 'o Nope by LordLimecat · · Score: 2

      You mean like pricing a Mac Pro $2k less than you can buy the individual parts for it?

      In the last 10 years that is the one example of decent pricing you can give for Apple. In just about every other case Apple's markup over the industry baseline has been about 100%. Asus has a $1000 premium laptop? Apple sells the exact same specs for $2000.

      And how much do you think a PC is worth after a year?

      "Brand appeal" may explain insane resell value, but it doesnt justify it.

      Good luck with the switch but the grass is pretty much DEAD on the other side of the lawn.

      Ah, right, because all I have to do is plunk down several thousand dollars and Ill be in Apple nirvana, until the next time I need to upgrade. No thanks, Ill stick with my 8-core / 32GB desktop / lab which I built for $550. Windows 8 is annoying, but its not "thousands of dollars" annoying. Must be nice to have that kind of disposable income though.

    2. Re:Big pile 'o Nope by RightSaidFred99 · · Score: 1

      You mean like pricing a Mac Pro $2k less than you can buy the individual parts for it?

      Lol, you're Captain Current Events. I saw those articles too, but I realized instantly they were asinine. This is like saying the Chevy Volt was a steal at $50k because it would cost you at least $10M to build your own from scratch.

      Good luck with the switch but the grass is pretty much DEAD on the other side of the lawn.

      Better to frolic in (lol) DEAD grass than drink rotten kool-aid.

    3. Re:Big pile 'o Nope by BasilBrush · · Score: 0

      In just about every other case Apple's markup over the industry baseline has been about 100%. Asus has a $1000 premium laptop? Apple sells the exact same specs for $2000.

      And every time someone makes a claim like that and is challenged to come up with an actual comparable model that is cheaper they fail to do so.

      Inferior models are available from other manufacturers for sure. Apple is not a low-end manufacturer. But no one matches Apple's PCs for spec and quality, but lower price.

    4. Re:Big pile 'o Nope by Anonymous Coward · · Score: 0

      Good luck with the switch but the grass is pretty much DEAD on the other side of the lawn.

      Funny, isnt that what Apple said about the computer market not long ago yet they come out with a new line of PC's?

      I guess its the same as the "we wont make a small form factor ipad" only to relase the mini?

    5. Re:Big pile 'o Nope by Cederic · · Score: 1

      Sure. Except I don't want exactly the spec that Apple offer. They just can't offer me the PC I want. The closest they can get has a worse CPU, a worse graphics card, a monitor and keyboard I don't need (who the fuck buys a new monitor and keyboard every time they buy a PC), it lacks wifi, it has less storage (they can't even spec the storage I have in my desktop) and it costs £600 more.

      That's £600 more today than I paid four fucking months ago. Prices have dropped since.

      Sure, I could go Mac Pro in a couple of months and get a better spec than I'm currently using. But tell me why the fuck I'd waste money on a Xeon processor or on professional spec graphics cards?

      It's just not comparable and you're talking total shit.

    6. Re:Big pile 'o Nope by BasilBrush · · Score: 0

      They just can't offer me the PC I want.

      Sure there are gaps in Apple's offerings. But that is a very different thing than Apple being overpriced for a given spec and quality.

      it lacks wifi

      I have no idea what you are talking about. What lacks WiFi?

      who the fuck buys a new monitor and keyboard every time they buy a PC

      The vast majority of people. Maybe the fact that you've lost sight of mainstream PC buyers is the reason you don't see how well Apple serves the high end of that market.

    7. Re:Big pile 'o Nope by Anonymous Coward · · Score: 0

      They also force you to pay them a yearly $99 fee (even for OSS), so that your apps will run on OS X, since Gatekeeper is enabled by default.

    8. Re:Big pile 'o Nope by LordLimecat · · Score: 2

      I have screenshots of past "Apple Challenges" Ive done, if youre interested. Heres one from 2011:
      http://farm6.staticflickr.com/5064/5568018354_6d0b09d595_o.jpg
      Youll note that the HP has double the RAM, a better processor, and a substantially better video card, and costs $1000 less.

      Its generally been like that for some time; the Apple margin has gotten better in some of the more competitive areas, but generally they have been insanely overpriced compared to what you get. And I really dont buy any nonsense about lasting longer, since all of the parts come from the same manufacturers, the same countries, etc.

      Heck, you can even look at the Mac Pro from this year. Ignore the graphics card, and all of a sudden the Mac is WAY more expensive than anything comparable: they charge $3000 to UPGRADE the processor to a Xeon which only costs $2400 retail; they charge $400 to go from 16GB to 32GB of ECC RAM; buying the whole 32GB on the market (newegg) would only cost $350. At least in the case of the RAM thats more than a 100% markup over retail. Its generally true that its cheaper to buy the Mac with the base specs, then buy the upgrades you want new off of Amazon or Newegg, and youll not only save substantial money, youll have the base-specced parts as freebies to boot.

      To be fair Apple isnt the only one who does this; look at Dell server harddrive or RAM prices, and youll see the same sort of gouging (dell charges ~$400 for $200 WD RE5 drives, etc). Its just that by far Apple has been the worst offender, and theyre the only ones with a contingent of fans who defend their practice.

    9. Re:Big pile 'o Nope by LordLimecat · · Score: 1

      Cederic is a different poster than me, so using his post to infer things about my perspective is a bit problematic. Regarding how well Apple has served various markets, see my other post-- it has photo examples of the sorts of gouging they do / did.
      http://slashdot.org/comments.pl?sid=4603751&cid=45800583

    10. Re:Big pile 'o Nope by jo_ham · · Score: 1

      "Costs $1000 less"

      With a coupon, and no mention of the case. I'm assuming traditional shitty flimsy plastic HP design right? With the screws for the hinge assembly attached right into that soft, breakable plastic, yes? Oh, and a 1366x768 LCD. CPU very slightly better on the HP, RAM is better (2x as much), GPU pretty even (6750M vs 6770M).

      I can see why it was cheaper.

      I thought you said your Apple Challenge graphic was going to support your argument? All you've shown here is a crappy HP laptop that made several compromises to get to $1650. Then with a special offer coupon you claim that the $1100 you found it for is representative of the price. Yes, that laptop was about $400-500 cheaper than the Macbook Pro you compared it with, because it had an awful screen and a plastic body, and a free upgrade to a 750 GB HD to match the one in the Macbook pro.

    11. Re:Big pile 'o Nope by jo_ham · · Score: 1

      They also force you to pay them a yearly $99 fee (even for OSS), so that your apps will run on OS X, since Gatekeeper is enabled by default.

      System Preferences > Security and Privacy > General > Allow apps downloaded from: anywhere (checkbox)

      Sorry, how is this forcing a $99 fee? I'm genuinely curious.

    12. Re:Big pile 'o Nope by LordLimecat · · Score: 1

      There was no coupon code. Those discounts are bog-standard; vendors mark up the "retail price" but discount it. This is a fairly well established retail trick; JC Penny famously attempted to buck that trend by simply setting the price at what it should be, and they paid the price for it.

      Youre really not going to convince me that half the ram, $1000 more, a slower CPU, and a slower GPU are all OK because the case is made of aluminum and a very very slightly better screen (1440 by 900 vs 1368 by 768). (SOURCE) This is the very definition of moving the goalposts: there will never be a perfect match spec / build wise, but I presented something that was clearly superior in technical specs, and $1000 cheaper, and youre ready to dismiss it by re-prioritizing the case as more important than the other specs. Meanwhile, with the Mac Pro, people have given very valid criticisms of the case (lack of expandability, inability to rack the thing, inability to upgrade), but in this case the technical specs are shouted up (which they should be-- but be consistent about it).

      All you've shown here is a crappy HP laptop that made several compromises to get to $1650.

      The selling price was $1150. Those coupons are handed out like candy-- I could give you ton of examples right now of coupon codes like this (check techbargains, newegg, HP's store, Dell Premier, etc). That just happened to be the best match I could find in a 30 minute span on that particular day.

      Thats some kind of funny math where the advertised price is more relevant than the price you actually pay at the register, but no, the laptop cost $950 less (plus or minus for shipping) once you pay.

    13. Re:Big pile 'o Nope by jo_ham · · Score: 2

      *I'm* the one moving the goalposts?!

      You claimed to have won an Apple Challenge and boldly claimed so because of the "better CPU, twice the RAM, better GPU" and very conspicuously left out the much worse screen and the classically poor HP laptop chassis (check around, there are decent PC laptop cases, but HP is very definitely not it).

      Now you're claiming that the $1100 price, which is listed as "price after savings" on your own graphic is the real price of the laptop and that this standard across all laptop retailers (except Apple and JC Penny). So if I go to new egg right now I can expect a $500 discount on any laptop I choose? Sweet.

      You're hilarious.

      But sure. If that's your standard, you "win", kid.

    14. Re:Big pile 'o Nope by LordLimecat · · Score: 1

      So if I go to new egg right now I can expect a $500 discount on any laptop I choose? Sweet.

      No, but if you go to Newegg youll see a watch listed as retailing for $900 with 92% off, going for $80; and suprisingly that same watch is available on amazon for around that price ($150 or so). And if you were to go to HP's website right now youd find all of their laptops seem to have 20% off until 1/4/2014-- i have new pics for you:
      https://drive.google.com/folderview?id=0B9qgiyz_vguVUXEza0hBai1SdWs&usp=sharing

      Its not a perfect match-- the HP Spectre handily beats the Air at $500 less, and while the HP 15" has a lower resolution, it IS touch enabled, and is better specced in almost every other way-- processor, touch enabled, wifi. The drive is a tossup, but considering we're saving $1500 by going with HP over Mac, you could probably throw in an SSD or 3 from newegg and still come out ahead.

      Trying to claim Macs are cost competitive other than perhaps their Airs (depending on what year you choose) and their current Mac pro is ridiculous. I could compare the iMac to several of Asus' offerings, but I get the feeling you'd pooh-pooh that too.

    15. Re:Big pile 'o Nope by dgatwood · · Score: 1

      Simpler and safer: Control-click -> Open. That way, it allows only that one app, not every app.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    16. Re:Big pile 'o Nope by AmiMoJo · · Score: 1

      These sorts of comparisons are always flawed. Yeah, arguably the HP is worse I'm some ways, with the Mac you have to factor in getting gouged on accessories and peripherals, having limited upgrade options etc.

      What it boils down to that if you want something built to your spec, something low cost, something flexible and upgradable you can buy or build a PC. Of what Apple is offering happens to suit you then it's a reasonable choice.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    17. Re:Big pile 'o Nope by Anonymous Coward · · Score: 0

      Weird how you can read a post and suddenly realize it's going to either be you or basilbrush. You're like kids fighting over whether sonic or mario is better. Christ. The only explanation leaving you with any credit intact is that you're a paid shill to be honest.

    18. Re:Big pile 'o Nope by Anonymous Coward · · Score: 0

      So if I go to new egg right now I can expect a $500 discount on any laptop I choose? Sweet.

      No, but if you go to Newegg youll see a watch listed as retailing for $900 with 92% off, going for $80; and suprisingly that same watch is available on amazon for around that price ($150 or so). And if you were to go to HP's website right now youd find all of their laptops seem to have 20% off until 1/4/2014-- i have new pics for you:
      https://drive.google.com/folderview?id=0B9qgiyz_vguVUXEza0hBai1SdWs&usp=sharing

      Its not a perfect match-- the HP Spectre handily beats the Air at $500 less, and while the HP 15" has a lower resolution, it IS touch enabled, and is better specced in almost every other way-- processor, touch enabled, wifi. The drive is a tossup, but considering we're saving $1500 by going with HP over Mac, you could probably throw in an SSD or 3 from newegg and still come out ahead.

      Trying to claim Macs are cost competitive other than perhaps their Airs (depending on what year you choose) and their current Mac pro is ridiculous. I could compare the iMac to several of Asus' offerings, but I get the feeling you'd pooh-pooh that too.

      Where's this $80 watchlist? I want to see what parts they're using

    19. Re:Big pile 'o Nope by jo_ham · · Score: 1

      Of course they're cost competitive, but only when you spec them approximately the same - that's my entire argument.

      You're showing woeful HP laptops and claiming they are equal, then claiming that $500 coupon discounts are standard.

      There are some very nice PC laptops out there, but they tend to cost a lot of money - and oddly enough, tend to cost similar to Macs of the same specs because decent quality hardware costs.

      Consider the Thinkpad X1 Carbon. It costs a pretty penny - in fact, it's virtually the cost of a Macbook Pro/Macbook Air (depending on how you configure it) - but it's an extremely well built laptop with a fantastic case, really good trackpad, great screen and high quality internal specs - just like a Macbook Pro. It won't win the "Apple Challenge" though, because it's not significantly cheaper.

      I looked at those photos. Again, a few compromises (mainly with the battery), and the HP chassis. The Acer is pretty good - but it's not far off the same price. The 15" Dell has no SSD, smaller battery, a massively worse screen, and of course that classic HP plastic body and it's a mere $1434 before tax (coupons don't count, unless you want to factor in the 15% off for education pricing for the MBP too?). So that makes it $1000 cheaper because of the lack of 2800x1800 screen, 256GB SSD and half the battery and a plastic body. Not seeing how these two are comparable?

      The 13" Air compared to the 13" ultra is closer, but then so are the prices - the HP is $1334 and the Air is $1549. That's about $200, which the Air makes up for by including a metal chassis and thunderbolt controller and an i7 (the HP has an i5).

      Sorry, is your plan just to show me things that support my argument? I'm not following.

    20. Re:Big pile 'o Nope by Anonymous Coward · · Score: 0

      Their "pro" is pretty ridiculous and still again NOT upgradeable. To me Xeon is for servers or clusters NOT workstations when cheaper options will fare just as well. i.e. seriously does a workstation NEED ECC RAM?!

      As to their notebooks, you oughta read the drivel you vomit up. Apple notebooks are not only priced around 2x what they're really worth, they're now ALL(excepting the mini as I'm including their shit desktops in with the notebooks as I'll bet that the icrapple & midget have the same mobo as the air) NON-UPGRADEABLE AT ALL! Not EVEN memory can be upgraded FFS, and they're all stuck with shitty iGPUs excepting for the even more ridiculously priced ones which come with... wait for it... ooo a 755m or, hold onto your hats, a 750m. Seriously this shit is all $1-1.2k stuff here NOT $2k+.

      For $2k+ lemme see I got, 4800MQ, 32GB, 780m, 1TB hdd, BD DVD +/-RW, 1920x1080(IPS 15.6"), 802.11ac, 1Gb ether, ports out the wazoo only missing thunderbolt, but no loss there. All PRIMARY, i.e. CPU, RAM, GPU, hdds, DVD are guess what? Yes! User upgradeable and non-warranty VOIDING FFS! Fantard face up to it Apple has ZERO interest in computers giving the crap that they're offering, and then capping it off with OK we'll sell you a $10k machine but you'd better make damned sure that you order it with everything that you'll ever want until it's obsoleted. BTW I can do the same thing against the top of the line macbook air as well w/a 13" 1920x1080(IPS) machine same specs as 15.6" and pretty much same upgradeability excepting that the 765m is soldered to mobo.

      And ah, the mini, well hmm... lessee $800 for a Ivy Bridge i7 w/a WHOPPING 4GB of dram(at least it's still upgradeable for now) and ooo a 1TB hdd. So lesse $700 buys me a decent case, PSU, i7-4770k, 16GB DDR3, Z87 mobo, spending a leetle more will get you an easily better GPU than the HD4000(or even 4600).

      So yeah, Apple products have SOOOO much value, why haven't I evar noticed?!

      Now IF I were interested particularly in running OSX yeah, crapple products are the headache free way of doing so, but OSX just doesn't sell me any longer given Apple's consumer unfriendliness(My f'ing God! You want to what?! Upgrade your RAM, swap your batt?! WTF?!), virtual abandonment of their desktops/notebooks, and general douchebaggery made me entirely lose interest in them. Actually it started with the closing down on upgradeability and was capped when they sealed the nb batts when I remember the powerbooks that let you run 2 batts(pull the optical drive and plug in a 2nd batt).

      Thunderbolt might actually mitigate all of this some day, but one of the important points, dGPUs it hasn't yet at least for OSX and it's fairly expensive anyways and REALLY reduces nb portability. Mini/imac yeah pretty much fixed location, so not as bad, and if you don't need the expansion the macbooks would be ok on the move, but those expansion chassis just don't add enough for now, and again the price unless you do DIY are insane.

      OK to add insult to injury I'm gonna make that haswell a hackintosh for fun...

    21. Re:Big pile 'o Nope by toddestan · · Score: 1

      That's because those comparisons are biased in the sense that almost every time, the person doing the comparison starts with the Mac and tries to build an "equivalent" PC. Try starting with a PC, and building the equivalent Mac, and you'll find that the Mac is more expensive pretty much every single time, usually hilariously so.

    22. Re:Big pile 'o Nope by BasilBrush · · Score: 1

      you'll find that the Mac is more expensive pretty much every single time

      Because when you do that, you're inevitably comparing a cheap and nasty PC to a quality Mac. No-one ever said Apple serve the low end market.

    23. Re:Big pile 'o Nope by LordLimecat · · Score: 1

      Dude, those coupons are available at costco as well, i JUST saw an add with the same sort of coupons. At basically any time you can get these price point comparisons-- i gave you an example from 2 years ago in march, I just gave you another one from HP.com, and I could show you yet another from Costco.

      RE: the 15", a 256GB SSD is a whopping $180, if you want one; many folks would prefer the hybrid 1TB drive, which is why i tacked on that $30 upgrade. If you really insist on an SSD, up the price by $150+tax = $160. Doesnt make much difference when the Mac is $1500 more.

      Screenwise, the HP is clearly inferior, but I dont think you could make anything resembling a convincing argument that its $1500-worth. its telling that you could buy an HP spectre, and the HP 15", and still spend less than that Macbook Pro.

      The HP Spectre, by the way, isnt $1300. Its $1132 shipped, while the Mac is $1641 shipped-- which is the price that matters, as opposed to the one they advertise. Im not clear why anyone but marketing goons would give a hoot about the price advertised. 1641-1132=$509.

    24. Re:Big pile 'o Nope by jo_ham · · Score: 1

      The point of these comparisons is to find an equivalent computer for the same or less money, and yet you are agreeing that the HP's screen is much worse, but that's ok because it's cheaper?

      That doesn't follow. If the screen is much worse it's not an equivalent machine (to to mention the HP chassis).

      There are PC laptops that match the Macbook Pro, but surprise surprise, they tend to be quite expensive. Decent laptop screens, good quality cases and good hardware. What you did was look for a laptop with a large discount coupon and close enough specs in the first couple of lines (CPU, RAM etc) and hope no one would dig too deeply, then called it comparable. And you're still trying to claim that coupon discounts are the real price. If that's the case, you should immediately take 15% off all the Macs you spec, since it's clear that everyone gets them on educational discount since it's trivially easy to tell them you're a student or find someone who is who can pass the check with their ID. That makes the Mac $1394 shipped.

      Oh, and the Macbook Pro SSD is a PCIe one, although I guess for the sake of comparisons you can use a SATA III one on the PC side since most PC makers stick with that. It's swings and roundabouts - the Mac's SSD is about twice the raw performance (depending on activity), but it is a non-standard interface, whereas the PC can take any old SATA III drive, making upgrades later in the machine's life cheaper.

  19. Dear Al Quaeda by PortHaven · · Score: 4, Funny

    Do the world some good, next time, target the U.S. Patent Office, Mosanto, and the Federal Reserve.

    It'll be extremely awkward, we'll find it so hard to hate you. It'll be like the time the KKK counter-protested Westboro Baptists leaving us all going WTF, how did we wind up on the same side of the line as those !@#$s

    1. Re:Dear Al Quaeda by PortHaven · · Score: 2

      Crap, this post is going to cause all my internet connections to slow down (work, home and cell). Hate when the NSA can't take a joke.

  20. There is a simple solution by PortHaven · · Score: 1

    The Judge should rule, not only against Samsung, but every other device manufacturer. The end result, since all fucking phones are squar'ish. All smartphones by all manufacturers will be banned. Apple will be the sole seller of smartphones in the U.S.

    Then, we turn around, sued Apple for a monopoly and break it into 20 separate companies that will spend the next 50 years reunifying.

    1. Re:There is a simple solution by BasilBrush · · Score: 1

      Then, we turn around, sued Apple for a monopoly and break it into 20 separate companies that will spend the next 50 years reunifying.

      There is not illegal to have a monopoly.

  21. We need Groklaw back... by Jorgensen · · Score: 1

    This sort of news *really* makes me miss PJ of Groklaw fame :-( - I have no doubt she could provide good insights and interpretations of what goes on...

  22. Why does it even matter? by cephus440 · · Score: 0

    The US (327,577,529) is such a small market compared to China (1,206,553,000) and India (867,800,000). Unless Apple has such a markup to US customers in comparison to the rest of the world (where it sells), it would make little sense to block competition from the US market.

    1. Re:Why does it even matter? by cephus440 · · Score: 0

      Samsung could just say, "Fine, have the US market and their patent laws. We'll drop the price, take market share in the rest of the world, and the citizens will cry monopoly to get Apply out or buy unlocked phones from overseas."

  23. Jesus H. Christ... by jddeluxe · · Score: 1

    Not this shit again....

  24. The hammer is coming down by Reliable+Windmill · · Score: 1

    I suspect most of these bans will be put in place. The hammer has started coming down on foreign tech, because U.S gov wants that flow of money into its own economy. U.S gov will leverage its power for the wider adoption of U.S based products and services both inside and outside of the U.S. The goal is to control and own as much of the global money flow as possible. The trans-Atlantic and trans-Pacific "partnerships" only aim to increase the strength and market share of U.S based companies, services and products, and through its companies the U.S gov can leverage its politics. The ultimate is when U.S gov through Monsanto (which through the Monsanto Protection Act has now effectively become an extension of the government) can control the production and supply of food to any country in the world as a means of political control.

    --
    Signature intentionally left blank.
  25. Re:20+ devices by Anonymous Coward · · Score: 0

    Because under that principle, the company that actually spends on research and development loses. Companies that are the engineering equivalent of a photocopier would have much less expense, and would be able to sell their equal product for cheaper than the ones that actually develop the technology to begin with.

    A more nuanced approach is necessary.

  26. Patents encourage innovation? by Anonymous Coward · · Score: 4, Insightful

    Software patents stifle innovation, because I go to all the trouble to create some new software from scratch, and then some greedy shyster walks up and demands I pay money to him. Even though he never created anything. He just patented a list of buzzwords describing some idea he claims to have had, but never implemented.

    1. Re:Patents encourage innovation? by mazak · · Score: 1

      Exactly, traditional copyright provides sufficient protection of investment in software development.

  27. Re:20+ devices by fisted · · Score: 1

    Wow that ban went into effect quickly

  28. Re:20+ devices by Anonymous Coward · · Score: 0

    > Start simplifying your fucking product portfolio instead of having this dumb-ass shotgun approach to the market.

    Spoken like a true Apple employee who prays daily to the statue of St. Stephen the Omniscient, under the watchful gaze of St. Jonathan the Enforcer. "If our product doesn't satisfy your needs precisely, you've mis-identified your needs and should re-evaluate them until they align with our product."

  29. In Apple's best interest by Flammon · · Score: 1

    Apple invests a few bucks in some lawyers and government lobbyists and in return they get an army of police to do their dirty work at a fraction of the cost. If Apple had to hire it's own police and equip them with guns to enforce such ridiculous demands, their products would be twice as expensive and no one would buy them. The government is a weapon with a great bang for the buck.

    The best way to fight a corporation is with another corporation. Letting your enemies fight amongst themselves until they're both weakened before going in for the kill is an effective military strategy that ironically governments don't use in business. Governments should let corporations fight amongst themselves on price and quality and let consumers reap the benefits.

  30. Beam me up, Scotty. by Hognoxious · · Score: 1

    Look at the original Motorola flip phone, for example. No one was doing flip phones before them, then they come out with one and it's a hit.

    http://en.wikipedia.org/wiki/Communicator_%28Star_Trek%29

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  31. They are both Thieves!!!! by Anonymous Coward · · Score: 0

    They both admitted to stealing most of everything in the lawsuit from Motorola...... They should both just drop it. It is clearly obvious to anyone who see's the lawsuits thrown around that the United States tends to side with apple on most sides..... and yet when the same claims go into European courts they side with Samsung.... funny how that all works isn't it? Honestly Apple needs to stop being dumb ..... the day I saw them try to Patent a shape is the day they lost all credibility to me.

  32. Litigation Before Innovation! by gelfling · · Score: 1

    Fire all the engineers and make Apple a patent troll!

  33. Nope, wrong. Entirely wrong. by Anonymous Coward · · Score: 0

    FRAND means that the fees should be the same for others.

    Since the costs can be defrayed by exchange rather than merely a payment (remember: cash payment is not the only injunvtive relief allowed in any contract), the fact that Apple have no relevant or worthy patents to pass on in payment means they pay the same price as any box shifter would pay.

    Your assertion is only based on Apple's complaint, and ignorant of every fact other than that.

  34. They did not miss a filing deadline. by Anonymous Coward · · Score: 0

    Apple did. They brought in a new claim late that Samsung had, because it never knew it should defend itself from the claim, never brought evidence to counter.

    And then Samsung has rights to bring forward evidence and beat that deadline.

  35. status symbol by Anonymous Coward · · Score: 0

    The actual situation is that Samsung phones have become the status symbols now, and iPhones are seen as losers. (Just ask most college aged kids in the US)
    The lawsuit by Apple to ban future Samsung devices seems to validate this.

  36. Apple can eat a dick. by Anonymous Coward · · Score: 0

    Let them litigate for what crumbs they can get. Jobs is dead and they have nothing at this point. Android is crushing them and the Chinese and Indian markets will finish them off. The only things I thank Jobs for is bringing capacitive touchscreens to market and motivating Gates to rip him off. B-B-But Apple just works...yeah, stay retard.

  37. Re:COLD_FJORD IS A NAZI BOOTLICKER by Anonymous Coward · · Score: 0

    Apparently you are having sexual fantasies involving cold fjord. Please keep them to yourself.

  38. -1 flamebait for parent comment? by jo_ham · · Score: 1

    I'd be very interested to know what specific part of the parent comment qualifies it for a -1 flame bail mod.

    Quotes are appreciated.