Appeals Court Overturns Sales Ban on Samsung Galaxy Nexus

[Anuba]

Except Apple proved in court that Samsung deliberately copied the iPhone 3G into the Galaxy S.

Yeah, Samsung did copy it deliberately. What kind of approach did you expect from a company that started with noodles and now is #2 in shipbuilding and #1 in electronics? Their business idea isn't to make the products of their dreams, it's to manufacture whatever the hell people want. "Hey look people want iPhone. OK. We make almost-iPhone now."

I'll stick with the Apple alternative for my own reasons, but I'm THRILLED that everyone and his brother is copying the iPhone. Which Apple do you want? The "holy crap everyone's copying us! Now we must put 110% effort into thinking up Android-killing features, Windows-killing features, everything-killing features..." Apple, or the "Ahhh... bliss and tranquility, nobody can touch us, nodoby dares make anything that even vaguely resembles our concept. The iPhone is one of a kind and frankly we can stick with this model for maybe 5 years without any major improvements" Apple? You want them to be like MSFT in the 90's?

 

[lunaoso]

A choice of one. Wow, what a choice! Besides the GS3 Mini is running 800x480 with lower specs overall then the GS3. It probably won't sell very well.

That's exactly what I was about to say... The GS3 Mini is way to underpowered, especially if you compare it to the GS3 benchmarks. This thing will be significantly lower benchmarks than both the GS3 and the iPhone 5.

 

[Renzatic]

Stats don't matter?

 

[lunaoso]

Stats don't matter?

They don't but if you take the S3's stats+benchmarks, and considering the mini and the S3 will run the same OS lower stats will obviously lower the benchmarks.

 

[MrRez]

"Imitation is the best form of flattery"

To be honest patent laws just stifle innovation and the only people who suffer are the customers.

Did Karl Benz(credited with make the first modern automobile, 1886) go to Mr Henry Ford and say "OI Henry! you got wheels and an engine on that thing.....I will see you in court and I will want 25 bazilion dollars or I will get you banned from selling that thing you call a automobile"

And then poor old Karl could be visited by some long lost descendant of Ferdinand Verbiest who some might say invented the first automobile in 1672 and then want 30 bazilion dollars for saying that he(Karl) invented the first automobile.

At the end of the day both Karl and Henry made and absolute truck load of cash from selling there own products that some might say where exactly the same.

 

[the8thark]

Competition is great, no matter how much I loathe Samsung. Good news.

This is true. As much as Apple's only competitor is itself, it's nice to have an external threat to keep Apple pushing along in the right direction.

 

[skunnykart]

wait, what? A 4" S3 is being released? They are going backwards to even copy what the current iphone looks like to capitalize on the "thumb theory"?

iPhone original to 4S = 3.5 inches (2007-2011)
iPhone 5 = 4 inches (2012)

Galaxy S = 4 inches (2010)
Galaxy S2 = 4.3 inches (2011)
Galaxy S3 = 4.8 inches (2012)

So the current iPhone (2012) copied the Galaxy S (2010)?

 

[theineffablebob]

It's great you believe that, but why don't you do your declaration at other forums where people cares.

So only Apple fanboys are allowed on this forum? lol

 

[hchung]

The weird thing is, I hate the lack of saturation on lcd screens. When watching a movie on the computer, I turn up the saturation by 15%. It makes the movies pop, especially animated movies. I've never understood why color reproduction is so important when you're not doing photo editing or something similar.

It's the visual equivalent of playing with your stereo's bass/treble controls.

There's other people who want to experience the picture/movie as the artist intended. Maybe it's supposed to be subdued because it's a tragically dramatic scene in the film. Perhaps the next scene is supposed to bright, and having the sudden switch gives it extra contrast? I can see that sort of thing being very effective in a movie like Sin City.

ng-design mentioned he's a graphics designer, so he understands this. And it's important to him that how he intended his artwork to look gets carried to his users. On the other hand, it sounds like you and lilo777 just want the pop. Nothing wrong with that; different strokes for different folks. It's just to me it's kind of like experiencing art through a visual ghetto blaster.

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While I agree with your comment about the uncalibrated screens, you must know that Samsung makes a large percentage of panels in apple displays.

They do... but you also gotta know that Samsung makes different kinds of screens using different kinds of technologies.

They make LCDs for laptop and desktop displays that are excellent.

Their SAMOLED+ panels for mobiles are decent, but their color accuracy sucks because it's OLED technology. (It's not like you can really improve it all that much because of the way OLED works. Even if you calibrate it, it drifts and not uniformly.)

Their SAMOLED panels (no + sign) use Pentile. They have both screen door visual effect and the awful color accuracy. So they're complete garbage.

 

[linuxophile]

So basically, it doesnt matter if you steal someone else's property, as long as you are making very little money from it.

Makes sense.

Nope, what makes sense and what they are saying is that it DOES matter, but only in the measure in which what you have stolen increments your gain by subtracting it to the person you stole it from.

EXAMPLE; I am building a super-car but I miss a screw; I steal the screw (5c) from Apple, and now I can finish and sell my supercar. The loss of revenue for apple is 5c , so not significant, and does not warrant the incomparable revenue loss of me not selling the supercar.

Or again in other words: the higher court ruled that Koh inflicted a disadvantage to Samsung that was disproportionate to the damage to Apple.
They will still have to settle elsewhere.

 

[Death-T]

I'll never understand how a court of law can make a decision only for the appeals court to change that decision.

Shouldn't the original judge now be fired or something? What makes the appeal court more correct than the original court?

It's not that confusing. That's one of the most basic aspects of the American justice system. The court of original jurisdiction is the first court to hear a case. If the case is appealed, an appellate court may either rule stare-decisis (let the decision stand) or in some cases may overturn the verdict reached by the court of original jurisdiction. A case wouldn't be appealed if there were absolutely no chance that the ruling could be changed. Of course the judge with original jurisdiction wouldn't be fired-that's just silly.

Anyway, I like this new ruling and it makes sense to me.

 

[tekno]

It's not that confusing. That's one of the most basic aspects of the American justice system. The court of original jurisdiction is the first court to hear a case. If the case is appealed, an appellate court may either rule stare-decisis (let the decision stand) or in some cases may overturn the verdict reached by the court of original jurisdiction. A case wouldn't be appealed if there were absolutely no chance that the ruling could be changed. Of course the judge with original jurisdiction wouldn't be fired-that's just silly.

Anyway, I like this new ruling and it makes sense to me.

So can Apple appeal the appeal and have the ban reinstated? It seems to be a judge lottery - which judge you get depends on whether or not you win.

 

[dreadnort]

Too bad if your sales are in the dumps. Your product still should be banned if it is not fully legal, patent-wise. Samsung should just get out of the tech business and start building toilets or something.

With that comment it just shows that your a total cock, There just phones theres alot more important things going on than to bitch about whos phones better. JHC

and before i get flamed i have both the iphone5 and SG3

 

[Sensation]

Great phone, Im looking forward to the LG Nexus myself. Day 1 buy for me

 

[Hyper-X]

Funny how Apple is always shown in the right no matter what they do, the company which can do no wrong.

When Apple tries to assert dominance/control over the markets, they file lawsuits to prevent even the competitors which really pose no real threat over their sales, from making any profit.

Microsoft was considered evil as it went about similar goals not through lawsuits but rather the acquisition of competing companies. The idea of the Microsoft "Borg" comes to mind here.

 

[tekno]

With that comment it just shows that your a total cock, There just phones theres alot more important things going on than to bitch about whos phones better. JHC

and before i get flamed i have both the iphone5 and SG3

You may have both an iPhone 5 and an S3, but it appears you have absolutely no grasp of spelling and grammar.

 

[dreadnort]

You may have both an iPhone 5 and an S3, but it appears you have absolutely no grasp of spelling and grammar.

if this was a thread on how to compose a sentance correctly then yes your right

 

[tekno]

if this was a thread on how to compose a sentance correctly then yes your right

Yet, even though it's not about composing a sentance [sic], I'm still right.

 

[Ryan John]

A choice of one. Wow, what a choice! Besides the GS3 Mini is running 800x480 with lower specs overall then the GS3. It probably won't sell very well.


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Except Apple proved in court that Samsung deliberately copied the iPhone 3G into the Galaxy S.

Home-town court and home-town jury only, stop trying to ignore the rest of the planet as a means to prove a point. The whole world does not revolve around the US Judicial system. Read up on the UK, Dutch, German, Italian, Japanese, Korean and Australian rulings, some go Apple's way, some Samsung's.

Final judgement even in the US will most likely differ once it goes to a more independent appeals court process. Which is exactly what this article emphasises! Does the term "abused her authority" not say something to you about the soundness of the decision making process in Judge Koh's courtroom?

Continually throwing in reference to a single court decision whilst it is still under appeal is just an attempt at one-upmanship, the point in case here in this article is a patent being overturned by an appeals court and the effect it could have on other decisions of that court.

 

[nba1341]

Next step: Samsung gets Apple 1 billion verdict overturned.

Seems like Apple is going to end up with an antitrust lawsuit like Microsoft in the 90s

 

[KnightWRX]

Next step: Samsung gets Apple 1 billion verdict overturned.

Reading all the filings by Samsung's legal team, it's starting to look like they will go for a mistrial on the entire verdict too, based on all the interviews by the Jury foreman where he basically said they based their decision on non-trial evidence, didn't respect jury instructions from the judge, and on an undeclared relationship with one of the players in the trial, mainly an affair with Seagate technologies which led him to file personal bankruptcy in the 90s, and might have tainted his views (giving him an anti-Samsung, pro-Apple bias).

It's outstanding the amount of dirt Samsung's legal have dug up on this guy. Remains to be seen how either Koh or appellate court sees all of this and eventually rules.

 

[NumberNine]

good...suck it

 

[PaulChowHK]

It very simple the lower court abuse justice

 

[drblank]

I'm happy Apple have not succeeded at this.

Samsung and Google have a great product and we all deserve the choice to buy it if we want.

Competition is great. My money is going on Samsung for my next phone. 4 years on iOS has been disappointing to say the least.

If Samsung and Android OS is so good, then why aren't they getting better grades in customer satisfaction? I know people that use Samsung or Android based products and they aren't that happy with them. They would rather use an Apple product. I just think the only people that like the Android platform are typically kids or younger adults that want the eye candy and bigger screens and tons of features when they many times don't even use all of those "features", they just like to say they have them.

The people that I know that use a Samsung phone aren't that crazy about them after a few months. Some of them want to throw them against a brick wall and get an iPhone.

The most disappointing factor is the battery, but that goes for ALL smartphones. They need to come up with a device that doesn't need charging as often and can be small and lightweight.

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iPhone original to 4S = 3.5 inches (2007-2011)
iPhone 5 = 4 inches (2012)

Galaxy S = 4 inches (2010)
Galaxy S2 = 4.3 inches (2011)
Galaxy S3 = 4.8 inches (2012)

So the current iPhone (2012) copied the Galaxy S (2010)?

Samsung is releasing a smaller 4 inch Galaxy and the specs suck.

Screen size will always be a moving target. It's not copying someone else per se, it's just trying to figure out the market.

For handheld devices, I think Apple should come out with two sizes and be done with it, and then focus on processor, battery the OS, and maybe other features that make sense. At some point, these small products can only get so good and then it boils down to build quality and OS features.

Smartphones can only make a great casual use camera/video camera.
Smartphones can only do so much computing. Getting Office on a smartphone is more of as a viewer with limited editing. To actually sit down and compose a document using a smartphone, one has to be masochistic in the first place. The screen is too damned small and it's just not a full fledged computer. Trying to make it one is kind of pointless.

 

[KnightWRX]

The people that I know that use a Samsung phone aren't that crazy about them after a few months. Some of them want to throw them against a brick wall and get an iPhone.

Have any proof of this beyond your anecdotal data ? Because Samsung has been outselling Apple quarter after quarter for quite a bit now...

It's not like the iPhone is that expensive, not anymore expensive than similar Android devices. If people really didn't want "Android garbage", then it just wouldn't have the lasting power it does, it would have already flopped.