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MacRumors
Sep 8, 2011, 02:35 AM
http://images.macrumors.com/im/macrumorsthreadlogo.gif (http://www.macrumors.com/2011/09/08/apple-sues-samsung-in-japan-over-ipad-and-iphone-patents/)


http://cdn.macrumors.com/article-new/2011/09/samsung_galaxy_tab_7_7.jpg


Samsung Galaxy Tab 7.7
For those keeping up with the back and forth lawsuits between Samsung and Apple, Reuters reports that Apple has now filed suit (http://www.reuters.com/article/2011/09/08/us-apple-samsung-idUSTRE7871HH20110908) against Samsung in Japan over patent violations related to the iPad and iPhone.California-based Apple is seeking the suspension of sales of Samsung's handsets in Japan, as well as 100 million yen ($1.3 million) in damages, Kyodo added, citing sources familiar with the matter.Samsung had previously filed (http://www.macrumors.com/2011/04/21/samsung-files-patent-suits-against-apple-in-korea-japan-germany/) a lawsuit against Apple in several countries including Japan. This latest news is just another step in the legal escalation.

Apple recently won (http://www.macrumors.com/2011/09/06/apple-samsung-dispute-galaxy-tab-7-7-pulled-in-germany-ipad-sales-disclosure-in-australia/) a preliminary injunction against the sale and promotion of the Galaxy Tab 7.7 in Germany.

Article Link: Apple Sues Samsung in Japan over iPad and iPhone Patents (http://www.macrumors.com/2011/09/08/apple-sues-samsung-in-japan-over-ipad-and-iphone-patents/)



ironsienna
Sep 8, 2011, 03:02 AM
And the war continues..

myjellyass
Sep 8, 2011, 03:04 AM
$1.3million? Doesn't seem like a lot.

Celtic-moniker
Sep 8, 2011, 03:14 AM
Urg... Please! Make them stop!

Look, I do feel that Apple have a right to defend their patents. Every time I look at these products; i.e. the iPod, iPhone, the iPad, I see products that have shaped the world that we live in dramatically. I do feel that setting up systems to run exactly like the apple product is.. well, the cheap way out.

But then again, every other piece of technology on the market has been the same. Everyone has essentially tried to rip off and replicate something else that has been successful.

Long term, I can't see this being a good thing for Apple. If they start losing, they're going to find themselves swamped by cheap clones.

I do hope that this is more about leverage while negotiating licences, than anything else.

ahbdesign
Sep 8, 2011, 03:56 AM
The more and more this happens, the more and more I feel that Apple's "new" phone (whenever it releases this year) will look like a type of "samsung" phone

wackymacky
Sep 8, 2011, 04:46 AM
I'm so over this! The whole world knows that apple did the pad (successfully) first. Let's move on and innovate with the iPad3 or iPhone5.

This tit for tat is just detracting from Apple's brand image now.

MonkeySee....
Sep 8, 2011, 04:56 AM
The more and more this happens, the more and more I feel that Apple's "new" phone (whenever it releases this year will look like a type of "samsung" phone

Well. yeah.

If Samsung is copying an Apple design then surely anything Apple now produce will look like Samsung stuff.

D-Dave
Sep 8, 2011, 05:19 AM
Apple recently won (http://www.macrumors.com/2011/09/06/apple-samsung-dispute-galaxy-tab-7-7-pulled-in-germany-ipad-sales-disclosure-in-australia/) a preliminary injunction against the sale and promotion of the Galaxy Tab 7.7 in Germany.


Erm, a preliminary injunction in Germany is granted without hearing the defendant or checking the application beyond just having a probability of success. So Apple won nothing and in case of failing in the main hearing they may well face pretty steep compensations for damages.

Jibbajabba
Sep 8, 2011, 05:20 AM
wow this is getting boring ...

bushido
Sep 8, 2011, 05:21 AM
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; de-de) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

meh can we have a patent news filter. this isnt even a "rumor" and makes me tempted to buy a samsung more and more.

- sent from my iPhone 5

Shrink
Sep 8, 2011, 05:39 AM
Enough, enough, enough!! :eek:

Every day, 5 more patent/copyright threads.

Soooo boorriinngg!:(

Ori
Sep 8, 2011, 06:15 AM
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Listen peeps. Everyone moaning about apple suing. Apple have to sue or they lose any claims to their patents.
The courts will rule and that will be that.
These big companies will lie, spy, copy and cheat to succeed in this world and because of that we have these rather pesky patents and court actions.

Let's sit back and see what happens. I think apple will win some and lose some, but if they don't take legal action then they lose all by default.

MonkeySee....
Sep 8, 2011, 06:19 AM
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_5 like Mac OS X; en-gb) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8L1 Safari/6533.18.5)

Listen peeps. Everyone moaning about apple suing. Apple have to sue or they lose any claims to their patents.
The courts will rule and that will be that.
These big companies will lie, spy, copy and cheat to succeed in this world and because of that we have these rather pesky patents and court actions.

Let's sit back and see what happens. I think apple will win some and lose some, but if they don't take legal action then they lose all by default.

I don't think anyone is complaining about Apple suing. Just really bored of it being headline news every 30 seconds.

Just saying.

bushido
Sep 8, 2011, 06:30 AM
Speaking of, the ruling of the lawsuit of samsung is in germany today, right?

*LTD*
Sep 8, 2011, 06:37 AM
I'm so over this! The whole world knows that apple did the pad (successfully) first. Let's move on and innovate with the iPad3 or iPhone5.

This tit for tat is just detracting from Apple's brand image now.

No it isn't. The average consumer barely notices this, nor do they care. They aren't exactly clamouring for iPad alternatives, either.

robotica
Sep 8, 2011, 06:46 AM
How can you copy natural looking aesthetics?

I mean rectangle with button in the middle is hardly a patent is it?

Apple you have nothing here....just keep making a better product and dont look back.....

KnightWRX
Sep 8, 2011, 06:52 AM
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Listen peeps. Everyone moaning about apple suing. Apple have to sue or they lose any claims to their patents.


Nope, patents don't work like that. They can be selectively enforced.

It's quite the contrary with patents, if you sue using them, you risk the court invalidating the claims of a patent and lose that patent. If you sit on it, you keep it for the duration set by laws in the country of issuance.

You're thinking trademarks. Those need to be enforced at all times or you risk trademark dilution and eventually losing the mark all together.

Speaking of, the ruling of the lawsuit of samsung is in germany today, right?

9th.

bushido
Sep 8, 2011, 07:05 AM
Nope, patents don't work like that. They can be selectively enforced.

It's quite the contrary with patents, if you sue using them, you risk the court invalidating the claims of a patent and lose that patent. If you sit on it, you keep it for the duration set by laws in the country of issuance.

You're thinking trademarks. Those need to be enforced at all times or you risk trademark dilution and eventually losing the mark all together.



9th.

Oh right. I thought ita friday lol 2 months holidays is messing with my head

blackcrayon
Sep 8, 2011, 07:11 AM
I'm so over this! The whole world knows that apple did the pad (successfully) first. Let's move on and innovate with the iPad3 or iPhone5.

This tit for tat is just detracting from Apple's brand image now.

Outside of tech blogs? I don't think many people know about this or care.

Anyway, isn't this basically the same lawsuit just being filed in different countries? Not like it's anything "new".

Vegasman
Sep 8, 2011, 08:01 AM
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Listen peeps. Everyone moaning about apple suing. Apple have to sue or they lose any claims to their patents.
.

They could also take the route Microsoft is taking using licensing. Microsoft just inked two new Android related licensing agreements; this time with Acer and Viewsonic.

stevemiller
Sep 8, 2011, 08:02 AM
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Welcome to maclitigation.com.

rmwebs
Sep 8, 2011, 08:13 AM
We get it...Apple is run by complete morons.

Now, lets save the lengthly debate on what the definition of patent troll is before LTD joins in:

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

By the standard definition NOBODY who produces a product using that patent is a patent troll. That doesn't mean they aren't Patent Jerks though ;)

jonnysods
Sep 8, 2011, 08:19 AM
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Mobile/9A5313e)

Is the Galaxy that much of a threat?

Or is this a warning shot for every tablet maker out there?

whooleytoo
Sep 8, 2011, 08:41 AM
How can you copy natural looking aesthetics?

I mean rectangle with button in the middle is hardly a patent is it?

Apple you have nothing here....just keep making a better product and dont look back.....

Because Apple's designs are typically very simple and minimalist, they're much more prone to similar designs appearing on the market. IMO, it SHOULD be much harder to protect/patent a simple, basic design like the iPad's (or Samsung Tab's or Samsung picture frame's) than a more quirky, stylised design.

bushido
Sep 8, 2011, 08:53 AM
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Mobile/9A5313e)

Is the Galaxy that much of a threat?

Or is this a warning shot for every tablet maker out there?

the samsung galaxy s2 is probably doing too well for them overseas. but who can blame the customer if they take over 1,5 years to even announce a new iPhone

*LTD*
Sep 8, 2011, 08:55 AM
Apple has historically been quite aggressive with IP litigation, going back even to the 80s. This is nothing new. Nor is there anything wrong with it.

Some companies pursue their IP rights and their enforcement through the courts on a regular basis, some don't. Apple happens to take it very seriously, though, and they always have, especially when it comes to "look and feel" and trade dress suits.

Consider:

Apple v. eMachines
In 1999, Apple successfully sued eMachines, whose eOne too closely resembled the then-new iMac's trade dress. The eOne was taken off the market, resulting in eMachines' losing the ability to sell the eOne as intended. In eMachines' EDGAR statement for May 1, 2001, eMachines stated that its "net loss for the first quarter of 2001 was $31.1 million, or $0.21 per share, compared to a loss of $11.9 million, or $0.13 per share, in the first quarter of 2000", but that these results "reflect the substantial discounts and incentives that we gave to retailers to enable liquidation of product inventories."

http://en.wikipedia.org/wiki/Apple_Inc._litigation

http://www.enotes.com/topic/Apple_Inc._litigation

gnasher729
Sep 8, 2011, 09:46 AM
Wirelessly posted (Mozilla/5.0 (iPhone; CPU iPhone OS 5_0 like Mac OS X) AppleWebKit/534.46 (KHTML, like Gecko) Mobile/9A5313e)

Is the Galaxy that much of a threat?

Or is this a warning shot for every tablet maker out there?

It doesn't have to be _much_ of a threat. If 100,000 people buy a Samsung tablet instead of an iPad, that is maybe $60 million in revenue and $20 million in profit lost for Apple. I wouldn't call it a threat to Apple, but worth suing over.

And there are plenty of tablets for sale that do _not_ look anything like iPads. And if you go to a store selling TVs from multiple manufacturers, you can easily spot which ones are made by Samsung - they can make quite nice stuff when they don't think they have to copy the market leader, and their TVs _do_ look quite different from others.


Apple v. eMachines
eMachines lost because their computer looked very much like the design patents that Apple had for the iMac. eMachines had design patents themselves for all-on-one computers. They got these design patents before Apple showed the iMac. Accordingly they looked very much different from the iMac. And eMachines own product also looked nothing like their own design patents (which was just as well, because the computer in their design patents always reminded me of a teddy bear with big ears).

vrDrew
Sep 8, 2011, 10:17 AM
They could also take the route Microsoft is taking using licensing. Microsoft just inked two new Android related licensing agreements; this time with Acer and Viewsonic.

And Acer and Viewsonic agreed to pony up the cash to Microsoft out of a sense of corporate decency? No: They figured it would be better (http://www.winrumors.com/htc-pays-microsoft-5-per-android-device-generates-more-income-than-windows-phone/) to agree to a licensing deal rather than get sued like HTC did.

Anybody who has studied the history of technology knows full well that patents, and legal battles over ownership and infringement, are nothing new. It happened with the invention of steam engines; telehpones; radio; the telegraph. The patent fights over airplanes got so bad that the US Government had to order a settlement (http://www.centennialofflight.gov/essay/Aerospace/WWi/Aero5.htm) during World War One. And sometimes patent disputes result in some very strange outcomes: After WWI ended, German arms maker Krupp sued British firm Vickers for using a special artillery fuse they had patented. Basically the British ended up paying a German firm a "fee" for every shell they'd fired at them - and the British had, theoretically at least, won the war.

The patent system exists for a reason: to give inventors and innovators an incentive. Complaining about it is like complaining about elections - if you think they are "boring" or a "waste of time" - try living without them.

adildacoolset
Sep 8, 2011, 01:26 PM
the only thing in MacRumors now is iPhone 5 rumours and apple vs. sangsung rumours

*LTD*
Sep 9, 2011, 07:43 AM
The ban in Germany is permanent.

http://forums.appleinsider.com/showthread.php?p=1938660&posted=1#post1938660