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Old May 5, 2014, 05:35 PM   #1
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Samsung's 'Infringe First and Stall as Long as Possible' Strategies Are Nothing New




On the day that a San Jose jury submitted a final verdict on the damages that Samsung owes Apple in the second United States patent infringement lawsuit between the two companies, Vanity Fair has published a lengthy piece that takes a look at Samsung's long (and successful) history of using patent infringement as a business tactic.

Back in 2010, before Apple filed an initial lawsuit against Samsung, executives from Cupertino (including lawyers) met with Samsung executives in Seoul, where it was made clear by Samsung VP Seungho Ahn if Apple chose to pursue a lawsuit, Samsung would countersue with its own patents. "We've been building cell phones forever," Ahn told Chip Lutton, an Apple lawyer at the time. "We have our own patents, and Apple is probably violating some of those."

The iPhone compared to the Samsung Galaxy S

As it turns out, stealing key ideas from other companies and then using its own portfolio of patents to draw out lawsuits is a tactic that Samsung used long before Apple came into the picture.
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According to various court records and people who have worked with Samsung, ignoring competitors' patents is not uncommon for the Korean company. And once it's caught it launches into the same sort of tactics used in the Apple case: countersue, delay, lose, delay, appeal, and then, when defeat is approaching, settle.
In 2007, Sharp filed a lawsuit against Samsung, alleging that the South Korean company had violated its patents. Samsung countersued, drawing out the lawsuit as it continued to produce TV sets using the stolen technology, building up its TV business. Samsung was found guilty of patent infringement years later in 2009, at which point it settled with Sharp to avoid an import ban.

There's a similar story with Pioneer, who filed a patent infringement lawsuit against Samsung over plasma television technology in 2006. Samsung countersued, dragging on litigation and appeals until a 2009 settlement. The long and expensive legal battle caused Pioneer to shut down its television business while Samsung thrived. Samsung has pulled the same stunt with Kodak, Apple, and several other technology companies.

Samsung hit Apple with the same tactic following the release of the iPhone. As has been documented during the ongoing global lawsuits between the two companies, Samsung evaluated the iPhone feature-by-feature and came up with 126 instances where Apple's iPhone was better than its own offerings, which led to the development of the Galaxy S.
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Bit by bit, the new model for a Samsung smartphone began to look--and function--just like the iPhone. Icons on the home screen had similarly rounded corners, size, and false depth created by a reflective shine across the image. The icon for the phone function went from being a drawing of a keypad to a virtually identical reproduction of the iPhone's image of a handset. The bezel with the rounded corners, the glass spreading out across the entire face of the phone, the home button at the bottom--all of it almost the same.
Following the release of the Galaxy S and Samsung's refusal to sign licensing agreements with Apple due to its former history of successfully avoiding significant penalties for copying intellectual property, Apple filed its first lawsuit against Samsung. Samsung, of course, followed, leading to where we are today -- Samsung has thus far been ordered to pay Apple just over a billion dollars in the United States after two lawsuits, but appeals are far from over. Samsung has continued to develop its Galaxy line of devices and has cemented itself as Apple's biggest competitor.
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Meanwhile, as has happened with other cases where Samsung violated a company's patents, it has continued to develop new and better phones throughout the litigation to the point where even some people who have worked with Apple say the Korean company is now a strong competitor on the technology and not just a copycat anymore.
The full story, which covers Samsung's history, its past patent lawsuits and other legal woes, Apple's creation of the original iPhone, and the dispute between the two companies, can be read over at Vanity Fair.

Article Link: Samsung's 'Infringe First and Stall as Long as Possible' Strategies Are Nothing New
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Old May 5, 2014, 05:38 PM   #2
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Oh boy....this is sure to incite calm, rational discussion
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Old May 5, 2014, 05:39 PM   #3
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This should be an interesting discussion!
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Old May 5, 2014, 05:40 PM   #4
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How the hell are Samsung being allowed to get away with this? Something needs to be done to stop their incessant infringement of other companies valuable, innovative patents.
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Old May 5, 2014, 05:40 PM   #5
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Originally Posted by Dave.UK View Post

This should be an interesting discussion!
Good for page views. Gotta pay the bills somehow.
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Old May 5, 2014, 05:41 PM   #6
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Old May 5, 2014, 05:41 PM   #7
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Two things. First, I suppose I’m not really surprised that this happens, but I am a little surprised that we’re so bad at spotting it that it works this well. Second, I had no idea that the original Galaxy S looked like that. Go figure.
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Old May 5, 2014, 05:43 PM   #8
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I get that you guys need to play to your audience, but to claim any level of journalistic integrity and publish a story with that title is just outright pathetic.

Of course Samsung copies. So does Apple, so does Microsoft, so does Activision, and Ford, and Toyota, and Lenovo, and Costco, and Boeing, and every single other company in the world.

I am in no way defending Samsung's actions nor am I suggesting they are defensible, but that title is insulting to Samsung, it's insulting to Apple, and it's insulting to your readers and your fans.
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Old May 5, 2014, 05:43 PM   #9
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And these business tactics are why I choose never to buy anymore Samsung products again. As it is, it bothers me that there are Samsung chips in some of my non-Samsung products.
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Old May 5, 2014, 05:43 PM   #10
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It's been said many times: innovate not litigate. The only way to truly win !!
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Old May 5, 2014, 05:45 PM   #11
ibbumpin
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Originally Posted by ZacNicholson View Post
Thou shalt not steal -- God
I'm pretty sure I saw it say: Thou shalt not steal -- Samsung
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Old May 5, 2014, 05:46 PM   #12
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Originally Posted by Konrad9 View Post
I get that you guys need to play to your audience, but to claim any level of journalistic integrity and publish a story with that title is just outright pathetic.

Of course Samsung copies. So does Apple, so does Microsoft, so does Activision, and Ford, and Toyota, and Lenovo, and Costco, and Boeing, and every single other company in the world.

I am in no way defending Samsung's actions nor am I suggesting they are defensible, but that title is insulting to Samsung, it's insulting to Apple, and it's insulting to your readers and your fans.
Slow down champ. Maybe read it first?
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Old May 5, 2014, 05:48 PM   #13
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love how we all forgetting that Apple was also found guilty in the same trial
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Old May 5, 2014, 05:49 PM   #14
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Quote:
Originally Posted by Konrad9 View Post
I get that you guys need to play to your audience, but to claim any level of journalistic integrity and publish a story with that title is just outright pathetic.

Of course Samsung copies. So does Apple, so does Microsoft, so does Activision, and Ford, and Toyota, and Lenovo, and Costco, and Boeing, and every single other company in the world.

I am in no way defending Samsung's actions nor am I suggesting they are defensible, but that title is insulting to Samsung, it's insulting to Apple, and it's insulting to your readers and your fans.
You are completely right but look at the recent case with apple, Samsung has to pay like 600 times more than apple, so samsung is taking it to an extrem.
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Old May 5, 2014, 05:49 PM   #15
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What a disgusting company. No integrity whatsoever. It must really suck to work there.
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Old May 5, 2014, 05:50 PM   #16
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Aaah the comparison photo where they felt the need to manipulate the dimensions of the phone to make it look closer to the iPhone. Just like they did with the S2 and galaxy tab

Thumb resize.

Thumb resize.
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Old May 5, 2014, 05:50 PM   #17
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Typo in the article, it should be Shamesung.
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Old May 5, 2014, 05:50 PM   #18
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Quote:
Originally Posted by Konrad9 View Post
but that title is insulting to Samsung, it's insulting to Apple, and it's insulting to your readers and your fans.
It never insulted me. It should insult Samsung though, but it'll be like water off a duck's back to them. They couldn't give two *****. A few million dollars for a fine after making billions from other people's work. Shame on them!!!
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Old May 5, 2014, 05:50 PM   #19
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Every time I see that picture, I cringe.

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Originally Posted by ZacNicholson View Post
Thou shalt not steal -- God
Good artists copy; great artists steal. —Steve Jobs (originally Pablo Picasso)
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Old May 5, 2014, 05:50 PM   #20
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There's a First Time for Everything

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Originally Posted by a.gomez View Post
love how we all forgetting that Apple was also found guilty in the same trial
Yes indeed. For the first time Apple has been found to infringe on a non-SEP patent bought by Samsung
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Old May 5, 2014, 05:50 PM   #21
fredaroony
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Is this site now Appleinsider? Worst bait article I have seen in here in a long time.

Of course it's everyday news on Appleinsider, the most biased hate filled Apple site around.
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Old May 5, 2014, 05:51 PM   #22
Will do good
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Scum

According to various court records and people who have worked with Samsung, ignoring competitors' patents is not uncommon for the Korean company. And once it's caught it launches into the same sort of tactics used in the Apple case: countersue, delay, lose, delay, appeal, and then, when defeat is approaching, settle.

What a bunch of SCUM!
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Old May 5, 2014, 05:52 PM   #23
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love how we all forgetting that Apple was also found guilty in the same trial
Apple wasn't found guilty of wilful infringement though. Samsung copied and knew full well they were doing so.
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Old May 5, 2014, 05:52 PM   #24
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So why are they being allowed to continue doing it if everybody knows they're doing it? They basically the owe the entirety of their Galaxy line to Apple's innovations.
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Old May 5, 2014, 05:52 PM   #25
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Samsung is a barbaric company. Yet Apple still has business deals with them in some shape or form. It's time to cut the barbarians loose.
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