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Apple Wants Trial Started in Samsung Case to Stop "Continuing Infringement"

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MacRumors

macrumors bot
Original poster
Apr 12, 2001
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Apple and Samsung have been suing each other for years, and Apple wants things to move along a little faster in the main U.S. case in California -- Apple wants to start the jury trial on July 30th as scheduled. Samsung believes the case is too large to go to trial, and wants to delay proceedings while the companies hash things out further.

apple_samsung_logos.jpg



Both Samsung and Apple have agreed to narrow their claims and the scope of the case in order to move things along, but the companies are still very far apart on numerous issues. Going further, Apple believes Samsung has been intentionally dragging its feet to avoid a judgement that may impact its very successful mobile products business. From an Apple pleading, via FOSS Patents:
While the parties have been readying the case for trial Samsung has vaulted into first place in worldwide sales of smartphones, with massive sales of its copycat products. Samsung's infringement of Apple's intellectual property has already resulted in damages that reach billions of dollars. [...] It is critical to Apple to start trial on July 30, to put an end to Samsung's continuing infringement.
Click to expand...
The more than 50 cases between Apple and Samsung cover a number of technical patents, design patents, trade dress and more -- across 10 countries. Whether or not a jury trial starts this summer, the crush of mobile lawsuits likely won't be ending any time soon, regardless of what Apple CEO Tim Cook would prefer.

The best chance for ending the legal fight in the short term is the court-ordered mediation that Apple and Samsung's CEO's have agreed to participate in.

Article Link: Apple Wants Trial Started in Samsung Case to Stop "Continuing Infringement"
 
Article Link
https://www.macrumors.com/2012/05/08/apple-wants-trial-started-in-samsung-case-to-stop-continuing-infringement/
M

MXSkier62

macrumors regular
Dec 4, 2006
151
3
I don't know why apple is just not going right after google? That's who they're really trying to hurt. Android is blatantly a copy of ios, and the emergence of windows phone, the new blackberry OS, and before those the webOS, shows that mobile OS can be done another way than apple has done it.
 
D

d0vr

macrumors 6502a
Feb 24, 2011
603
1
Google could theoretically be too big to go after without a win under their belts. I'd place money on the notion that if Apple come out triumphant after this, Google would be their next target.

On another note, I think Judge Koh must be fast becoming the second most well known judge, after Judge Judy of course!
 
wikus

wikus

macrumors 68000
Jun 1, 2011
1,795
2
Planet earth.
MXSkier62 said:
Android is blatantly a copy of ios.
Click to expand...

See, thats where youre wrong. If it was a copy, they'd have a case. But unfortunately Android is very different from iOS. Though I don't see this same kind of 'sue-happy, pro-litigation' sentiment from Android users against Apple even when Apple steals some ideas from Android.

I've got an Android phone, and I don't care that Apple copys others; its still not enough to get on the iOS platform because its such a closed system (being forced/tied into iTunes? no thanks).
 
N

Nebulator

macrumors newbie
Aug 31, 2009
7
7
MXSkier62 said:
Android is blatantly a copy of ios.
Click to expand...

I bet you have never even used an Android (and by that I mean more than 30 seconds in a shop), if you had you would know that they are very different.

IOS abstracts the underlying files and folders from the users, hides the underlying OS and restricts the user to what Apple wants them to see, feel and do; Android has none of that. How can you say an open mobile OS is copy of a highly walled garden?

Nebs

Former iphone, iphone 3g, iphone 3gs and iphone 4 user; now a very happy android user - SII.
 
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K

Keebler

macrumors 68030
Jun 20, 2005
2,960
207
Canada
I hope Apple plows it to Samsung. Not because I'm a fanboi, but for the fact Samsung blatantly copied the iPad.

My 10 year old was with me in a Staples and saw what he thought was an iPad (I have 1 so he knows what they look like). He started looking at the Samsung copy then got a quizzical look on his face and said, "why does this say Samsung?" (he was pointing to the display). Isn't this an iPad?"

As far as I know, he wasn't aware of the copying and had never seen their blasphemy version before.

I told him Samsung copies it and he said, "Well that's not fair - why don't they come up with their own?"

I wish I would have been recording that moment b/c it was classic....
 
Pakaku

Pakaku

macrumors 68040
Aug 29, 2009
3,138
4,452
If I ever get tired of my iPhone, the next one I'd get would be one of those Windows 7 Phones. At least they're trying to think different...
 
S

sazivad

macrumors 6502
Jul 21, 2011
327
0
New Jersey
MXSkier62 said:
...Android is blatantly a copy of ios...
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Well, Eric Schmidt was on the Apple board of directors while they were discussing iPhone. Google had bough Android a while back and hadn't really done anything with it. A few months after the iPhone was released, voilà, the T-Mobile G1 hits the market.

I think Android definitely took a lot of cues from iOS, but iOS did the same with Android, and now (I think) they are two different, separate, successful OSes with their own pros and cons.

Anyway, justice must be served to whoever the guilty party is in this case. If there is one.
 
Dr McKay

Dr McKay

macrumors 68040
Aug 11, 2010
3,430
57
Kirkland
MXSkier62 said:
I don't know why apple is just not going right after google? That's who they're really trying to hurt. Android is blatantly a copy of ios, and the emergence of windows phone, the new blackberry OS, and before those the webOS, shows that mobile OS can be done another way than apple has done it.
Click to expand...

Yep, I can barely tell them apart, which one is iOS again? They look so darn similar I can't tell these days.

galaxy-nexus-iphone-4s901v_verge_medium_landscape.jpg


And oh look! Android stole iOS's Notification screen!

iphonenotifications.jpg
 
M

Millah

macrumors 6502a
Aug 6, 2008
866
515
Benjy91 said:
Yep, I can barely tell them apart, which one is iOS again? They look so darn similar I can't tell these days.

Image

And oh look! Android stole iOS's Notification screen!

Image
Click to expand...

Lol, people like you LOVE to use notification center as an example of Apple copying. No rational person would disagree with you, Apple copied the swipe down gesture from Android. But Android copied the entire LANGUAGE of iOS. Tapping, swiping, multitouch, app store, etc. You guys conveniently either forget or choose to ignore Android copying inertial scrolling with elasticity (in certain Android products), multitouch gestures, the App Store, Mobile Safari, and the general design language of iOS applications and the iPhone hardware.

But let me guess, you'll try to argue that Apple didn't "invent" all these things, right? I guess I could play that game too, and tell you that Google didn't invent a simple swipe down gesture.

That whole argument is stupid. It's like saying that Earl of Sandwich didn't invent the sandwich because he didn't "invent" meat and bread. He didn't invent the ingredients, but he sure as hell invented the recipe. So that argument is something people try to argue when they have no rational thoughts to bring to the table.
 
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C

camnchar

macrumors 6502
Jan 26, 2006
434
415
wikus said:
See, thats where youre wrong. If it was a copy, they'd have a case. But unfortunately Android is very different from iOS.
Click to expand...
Riiiiiight. A little history for you. Before iPhone, Google was copying then market leader RIM:
pre.jpg


Here's what Android looked like after iPhone:
post.jpg


No copying going on there. No sir.
 
wikus

wikus

macrumors 68000
Jun 1, 2011
1,795
2
Planet earth.
Millah said:
Lol, people like you LOVE to use notification center as an example of Apple copying. No rational person would disagree with you, Apple copied the swipe down gesture from Android. But Android copied the entire LANGUAGE of iOS. Tapping, swiping, multitouch, app store, etc. You guys conveniently either forget or choose to ignore Android copying inertial scrolling with elasticity (in certain Android products), multitouch gestures, the App Store, Mobile Safari, and the general design language of iOS applications and the iPhone hardware.

But let me guess, you'll try to argue that Apple didn't "invent" all these things, right? I guess I could play that game too, and tell you that Google didn't invent a simple swipe down gesture.

That whole argument is stupid. It's like saying that Earl of Sandwich didn't invent the sandwich because he didn't "invent" meat and bread. He didn't invent the ingredients, but he sure as hell invented the recipe. So that argument is something people try to argue when they have no rational thoughts to bring to the table.
Click to expand...

Why do you care if apple copies or android copies? Is your iPhone experience somehow affected or worsened by the existence of Android phones?
 
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M

Millah

macrumors 6502a
Aug 6, 2008
866
515
wikus said:
Why do you care if apple copies or android copies? Is your iPhone experience somehow affected or worsened by the existence of Android phones?
Click to expand...

Maybe because some people actually respect and admire innovation and creativity. I like to think that's why Apple has so many devoted fans and followers.

I don't fault Google, trust me. One look at the iPhone in 2007 and I think it was clear to most people that this was how every future phone and computing device should operate. But it irritates me when Android fans try to discredit Apple or act like Apple didn't do anything significant. These are probably the same people who said "touch screen is a fad, it will never catch on, touch keyboards won't work, etc." Now look at the devices they are using today, which have all the same elements they were formerly criticisizing about the iPhone.
 
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kdarling

kdarling

macrumors P6
Jun 9, 2007
17,373
5,924
First university coding class = 47 years ago
Keebler said:
My 10 year old was with me in a Staples and saw what he thought was an iPad (I have 1 so he knows what they look like). He started looking at the Samsung copy then got a quizzical look on his face and said, "why does this say Samsung?" (he was pointing to the display). Isn't this an iPad?"
Click to expand...

If he's not had much exposure to all the devices available, then it makes sense that he'd think every device was the only one he knew about (the iPad).

As a mobile developer, I have many types of phones and tablets. My daughter is 9 years old, and has no problem telling them all apart. She's able to easily use Windows, OSX, iOS or Android.

sazivad said:
Well, Eric Schmidt was on the Apple board of directors while they were discussing iPhone.
Click to expand...

As has been pointed out numerous times, neither Apple nor Jobs ever said one word against Schmidt because of the time he was on the board. In fact, since he was invited there, it's far more likely that Jobs wanted to spy on him.

Moreover, to prevent any legal problems while he was on the Apple board, Schmidt kept himself totally away from the Android project, much to Rubin's chagrin.

Again, Jobs never accused Schmidt of stealing anything at all while he was on the Apple board. That's a fanboy myth. What Jobs did accuse Google of, was copying the iPhone after it publicly came out. There's a huge difference.
 
C

camnchar

macrumors 6502
Jan 26, 2006
434
415
wikus said:
Wrong.

THIS is the first Android phone;

It came out more than a year AFTER the iPhone.
Click to expand...
The first picture I showed was a Pre-iPhone Android PROTOTYPE, which means this was the direction Google was going with Android before the iPhone was introduced.

The second picture was a post-iPhone Android phone, after Google had the benefit of seeing what Apple had done -- as was the one you showed. Notice the differences?
 
Rodimus Prime

Rodimus Prime

macrumors G4
Oct 9, 2006
10,136
4
camnchar said:
The first picture I showed was a Pre-iPhone Android PROTOTYPE, which means this was the direction Google was going with Android before the iPhone was introduced.

The second picture was a post-iPhone Android phone, after Google had the benefit of seeing what Apple had done -- as was the one you showed. Notice the differences?
Click to expand...

You do know they also had a touch screen only pre production proto type as well they showed at the time?

Oh those pesky little facts.
 
C

camnchar

macrumors 6502
Jan 26, 2006
434
415
Rodimus Prime said:
You do know they also had a touch screen only pre production proto type as well they showed at the time?

Oh those pesky little facts.
Click to expand...
Then my Google-fu is weak. This is the only pre-iPhone Android prototype I've been able to find.

http://blog.steventroughtonsmith.com/2012/05/2007s-pre-m3-version-of-android-google.html
http://www.tomsguide.com/us/Google-Phone-Original-Android-Java-G1-Before-iPhone,news-14981.html

Ah! Is that it in the first link's video? Looks crappy.
 
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