Apple vs. Samsung Verdict: Preliminary Injunction Hearing, Possible Consequences, and an Appeal

[G51989]

Listen, your hate for Apple is showing.

Hmmmmm....iMac G3...PowerBook G4....iBook G4...PowerMac g5....two power mac g5's......and a 2011 iMac...you'll find all these devices in my house. I must hate Apple.....

through your support of a THIEF, and admitting that you don't care.

My galaxy S3? How is it anything like an iPhone? I guess the only thing it shares in common. Is that its better than the iPhone, by leaps and bounds. Its not my fault Apple has failed to improve iOS.

amsung is a Sham.. Son. They wouldn't have the GSIII if it weren't for iPhone. I'd hope that Samsung's new GSIII would be better than a 2 year old iPhone chassis (I disagree that it is, however), since they saved all that R&D money by letting Apple do it.... then copy Apple's concept, and throw on a few extra tidbits and such.

It might not be exactly the same, your right. But there would still be badass Smartphones like the GSIII without the iPhone, my Windows mobile phone blew away the iphone when it first came out.

Apples concept is the smart phone? Ask RIM, Microsoft, and PALM about that. They were doing smartphones way before the iPhone.

And yes, the GSIII not only looks nothing like an iphone, its better than an iphone in every way. Again, its not my fault that Apple has failed to step it up.

You clearly have never been a leader, a creator, an innovator, because you don't understand the concept of protecting what's YOURS. Spending countless dollars, hours, blood, sweat, tears, innovating your own stuff, then having some leach just copy your every move. Samsung has EMAIL'S GALORE speaking of how insanely obsessed they were with Apple. They even had the audacity to make fun of Apple's fans because they don't have that passionate following of their own that they so wish they can also emulate from Apple. Funny thing is, now everybody knows that they were making "fun" of Apple by advertising a product that's an Apple wannabe.

If the Galaxy S3 and Android Jelly Bean is an Apple wannabe, then they can be, Because JB is better than iOS6, and the Galaxy S3 is better than the iPhone 4S, and to be honest. The Iphone 5 looks like a total disappointment.

You clearly want an Apple device but not from Apple. Sorry, but that's called Patent infringement, and the law doesn't allow it.

I clearly want the best device on the market, and right now. It's not an Apple device, its a Samsung device. Or a Nokia Device from what we are seeing with the Windows Phones.

As for Google, they make ZILCH from Android. Anything they make is off of App sales. No biggie, as Apple makes even more from App sales, and has the MOST PROFITABLE DEVICES IN HISTORY. Apple can swallow Google whole with just the cash they have in the Bank (actually, they'd have Billions left over).

Apple can't swallow Google, because the DOJ would most likely block any attempted hostile takeover.

And yes, Google makes money indirectly from Advertising on android devices.

Larry Page just sold 25% of his stake in Google, maybe he knows that Apple is gonna drop the hammer on their leaching arses as well.

Oh yeah, Im sure

Not trolling there. I was simply respond to the fact that as a consumer I must be " selfish ", and should totally buy Apple products because they win court cases
No, you should buy them because it seems everything your mad about Samsung losing, are Apple creations. You want them? Buy them from those who legally own the rights to them, otherwise, you're advocating for a knockoff.

I'm advocating for the best phone money can buy, because its what I want. I don't care if Nokia, Samsung, or Apple makes it. I couldn't give less of a **** about a faceless corporation.

My relationship with Apple/Microsoft/Nokia/Anyone/any company I buy anything off of.

1: I walk into store.
2: I hand over money
3: They hand me my product
4: In exchange for my money, I get a product, support, and a warranty.

Thats it, the relationship ends at that point. I don't have any form of emotional attachment to a faceless corporation.
Whatever doesn't change from Samsung, are things that they aren't found to infringe on. I feel that even the GSIII should be extensively re-imagined, because it's an evolution of a product line that was created SOLELY because of Apple's lead, and solely to compete head on with Apple *by making the exact same products as best they can*.

What is similar about the GS3 and an iphone? Oh yeah, nothing.

Samsung did make the best phone they could, Google made the best OS they could with JB. And they blew iOS out of the water.

I buy products that do the job I need them to, I don't care what company makes them.

 

[NumberNine]

want a cookie?

he might need 2

 

[BvizioN]

Uh.

No.

Because I don't invest my emotions in faceless corporations

Perhaps, but your comment was full of emotions though.

 

[devilstrider]

want a cookie?

he might need 2

Perhaps, but your comment was full of emotions though.

Things people say when they have no comeback. lol

 

[G51989]

Perhaps, but your comment was full of emotions though.

You might think it was, but its not.

The only amount of " anger " I have in all of this. Is that Apple is directly assaulting my choice of phone.

 

[BvizioN]

You might think it was, but its not.

The only amount of " anger " I have in all of this. Is that Apple is directly assaulting my choice of phone.

I understand! But apparently Apple thinks that you should not have a choice to buy a product that is a copy of their hard work. And i fully agree.

 

[SPUY767]

You realize apple hasn't sued google because....they'll get ripped to shreds in court.

Apple hasn't sued Google because they don't need to. Android in and of itself is only a mild, mediocre copy of iOS. Sure, it was redesigned mid race to run touch phones rather than qwerty phones, but at its core, it's analogous to a linux kernel. Touch Wiz was the copycat. Sammy designed TouchWiz to mimic an iPhone and that's against the law. TouchWiz is the desktop equivalent of someone releasing a linux distro with Ubuntu under the hood, but a window manager designed to look identical to MacOS. Whoever sold that would be sued and lose as well.

 

[Krazy Bill]

Pretty sad how some people here at celebrating like they won something or have a part in this....here's a clue, you Don't. You are nothing but $$ signs to Apple.

Go outside, get a life and stop living through this stupid lawsuit.

Some of you probably woke up with a high hard one thinking about this today.

so pathetic

Exactly. IMO. "Innovation" will stagnate for about 20 years allowing the largest corporation on the planet to set the time table for future progress.

The lemmings here know not what they celebrate.

 

[SPUY767]

Probable consequence... Hey Google... You owe Apple... da-da-dummmmm... One Billion Dollars!

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"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve." - Admiral Isoroku Yamamoto mastermind of Pearl Harbor attack.

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/
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Except this would be the equivalent of America attacking Japan and being afraid that it woke a sleeping giant.

Exactly. IMO. "Innovation" will stagnate for about 20 years allowing the largest corporation on the planet to set the time table for future progress.

The lemmings here know not what they celebrate.

Microsoft came up with their own unique and viable design for a smart phone. Why couldn't Samsung do the same?

 

[jonnysods]

I'm sure that 1 billion will go straight onto the pile. Are they going to buy America?

 

[PJWilkin]

All of you mac fanboys that are celebrating now, I want to see you celebrating when you will have to pay twice as much to get your gadgets.

I dont own a Mac, I wish I could afford one.

Quality-wise the Mac range is way better than the plastic Dell and Lenovo I have to put up with.

If I spec similar components, the prices end up comparable to Apples products

If you think Apple prices are double what other suppliers charge you're delusional. Just go check out Ultrabook prices, those of similar spec to the Air cost the same or more.

 

[magbarn]

I'm sure that 1 billion will go straight onto the pile. Are they going to buy America?

WTF would you want to buy a 'Company' that spends 40%+ more than it takes in as revenue and a third of the 'employees' don't even really work anymore and are dependent on the corporate teat?

 

[StarPower]

And before you jump into any conclusions, I'm an iPhone user myself, this doesn't mean I have to agree with Apple's actions. This is a happy day for Apple, a sad day for consumers and the technology world.

Wrong. It's a sad day for consumers who want knockoff Apple products at cheaper prices. Not Apple's problem, and as a Publicly Traded company, they have an obligation to their owners to not allow others to infringe on their patents/creations.

It's a great day for consumers actually, because finally the market won't look like a plethora of Apple devices with different badges.

Pretty sad how some people here at celebrating like they won something or have a part in this....here's a clue, you Don't. You are nothing but $$ signs to Apple.

Go outside, get a life and stop living through this stupid lawsuit.

Some of you probably woke up with a high hard one thinking about this today.

so pathetic

Also wrong. Some of us are owners of the company, and our pockets get directly impacted by Apple fighting for their patents and winning lawsuits like these.

You might think it was, but its not.

The only amount of " anger " I have in all of this. Is that Apple is directly assaulting my choice of phone.

Actually, they only are if you are using a phone that is stolen Apple design. If you want to use Apple's patents, you need to buy Apple, otherwise, again, see how Samsung does when they can't snivelingly leach off of Apple's hard work, and gauge who's best then.

 

[Chupa Chupa]

You realize apple hasn't sued google because....they'll get ripped to shreds in court.

Uh, no, Apple likely didn't sue Google because Samsung was a more lucrative target based on the # of phones and tablets Samsung has produced vs. the # sold under the Google brand or owned companies. Remember this suit predates the Motorola purchase.

It's ludicrous to suggest Apple would get "shredded" in court if they sued Google. Many of the claims would be similar, and Apple v. Samsung was hardly David v. Goliath. Samsung had plenty of resources to hire the best of the best attorneys, expert witnesses, and conduct a well detailed discovery. But sometimes facts are so strong that even the best attorney can't persuade a jury to ignore them.

Shorter version: Apple doesn't fear Google.

 

[mrmarts]

Lmao I was never a fan to Samsung however with this victory I smell apple after going other companies Microsoft will be next with their release of the surface, in fact over at cult of Mac they dedicate a whole article how microsofts new logo is a apple rip off when will it end!

 

[StarPower]

Oh yeah, Im sure

Yes, of course, it's hyperbole to assume that it's because of some fear that Apple will "swallow" them, but it sounds fun.

Page DID however sell 25% of his shares in Google. This is NOT an Options exercise or a routine sale that is set up way in advance, that you see many Executives healthily make (which are usually very minute portions of their entire stake in the company). This is an AT THE MOMENT SELL ORDER, something very uneasing from a CEO, especially a founder. Page has been unloading GOOG stock for quite some time.

http://investing.money.msn.com/investments/insider-transactions?symbol=GOOG

 

[entatlrg]

Exactly. IMO. "Innovation" will stagnate for about 20 years allowing the largest corporation on the planet to set the time table for future progress.

The lemmings here know not what they celebrate.

Oh, so unless the industry is allowed to blatantly copy Apple it's going to stagnate for the next 20 years, LOL.

How about this concept? Now that companies can't rip off Apple's designs we'll see a plethora of new and interesting devices that don't all look like iPhone clones.

Microsoft/Nokia did it, why couldn't Samsung? Answer. They had NO IDEA how to innovate in the Smartphone Industry, their own 132 pages of comparisons and "crisis of design" prove that.

So tell me again how this is going to quash innovations for 20 years???

 

[Rodimus Prime]

Liar. They didn't sue Google because Google didn't officially make money from the OS. They gave it to others and THEY made money with it. Anyone with even a casual knowledge of law knows there needs to be monetization of the stolen IP in order to go after them for damages.

Umm Oracle was able to sue Google directly. Now Oracle lost because there a patents where not valid and the code Google infringement was on was determined to be worthless.

 

[fteoath64]

Possible consequences? THERE WILL BE CONSEQUNECES.


They have awoken the sleeping dragon: Google.

Android phones is still outpacing iPhones. It's just that now many companies will be suing the pants off Apple...in their courts.

Yeah, Round TWO : Motorola vs Apple coming up and this time, the giant has a Goliath behind it. That fruit will be squeezed for over $1b for sure. Then the other telecoms patent holders will feed on as well. Anybody thinks QUalcomm will do nothing and standing by ?. Just see how they are restructuring their company to have half doing just patent licensing, so they will collect ...

This case, sets a new precedent that will allow a lot of other players to "overwhelm" Apple (with lawsuits) and tax their resources, so they will have little time to innovate. We will see a lot of private settlements as time goes by merely because Apple cannot afford the time to fight so many incoming legal disputes. Sammy might attack again on other ground we have not heard of before, so they might be wounded on this one, they are still a strong giant in the market.

Oh, it will be in many countries as well. As South Korean court has demonstrated recently.

 

[NumberNine]

Things people say when they have no comeback. lol

I got a cookie for you too

 

[fteoath64]

ZDNet is speculating that this will go to the supreme court. Is that a possibility? Would the court even hear this case?

It could if lawyers from, both sides could convince judges that the verdict will have very serious implications for the economy. Either by competitive players pulling out of the US market or hundreds of companies filing suits against Samsung and Apple as a result of this. Lower court judges are known to "pass-the-buck" as not want controversies associated with this.

 

[KnightWRX]

Liar. They didn't sue Google because Google didn't officially make money from the OS. They gave it to others and THEY made money with it. Anyone with even a casual knowledge of law knows there needs to be monetization of the stolen IP in order to go after them for damages.

How do you explain Oracle v. Google then ? I'm looking forward to your vast knowledge of law to explain to us how in Oracle v. Google, Google was monetizing "stolen" (the word in the law books is infringement, not theft) IP while not doing so in an Apple v. Google scenario (Apple have asserted deep OS patents in their presentation to Samsung circa August 2010 as we have seen in the court filings).

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Oh, so unless the industry is allowed to blatantly copy Apple it's going to stagnate for the next 20 years, LOL.

How about this concept? Now that companies can't rip off Apple's designs we'll see a plethora of new and interesting devices that don't all look like iPhone clones.

How about the 3rd option. After losing the "look n' feel" lawsuit against Microsoft, did Apple stagnate because somehow everyone was now able to "rip-off" the look and feel of their WIMP innovations ?

Again, not all black and white...

 

[Barreira]

Now with the verdict of the Apple vs. Samsung patent lawsuit fallen clearly on Apple's side, the next step will be a hearing on preliminary injunctions to stop sales of the infringing Samsung devices. ....

Actually, the hearing would be for a permanent injunction on the infringing Samsung devices.

There's also the specter of treble damages, since Samsung's infringement has been found to be willful.

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It could if lawyers from, both sides could convince judges that the verdict will have very serious implications for the economy. Either by competitive players pulling out of the US market or hundreds of companies filing suits against Samsung and Apple as a result of this. Lower court judges are known to "pass-the-buck" as not want controversies associated with this.

The next "lower court" in this case would be the Federal Circuit Court of Appeals in Wash. DC. ("FCCA"). They are the only court in the federal system with jurisdiction to hear patent appeals -- so they will not "pass-the-buck."

(Frequently heard comment from FCCA's Judges during oral argument: "Counsel, no need to explain the law . . . . We wrote it.")

The next step (after FCCA) would be the US Supreme Court. They have full discretion to take a case (or not). And they won't step in just because the jury or the trial judge made a reasonable call -- difference of opinion on findings of fact alone won't justify Supreme Court review . . . .

 

[mozumder]

I'm glad the jury ruled in favor for Apple, and I'm actually looking forward to new phone designs that don't all seem to copy the iPhone.

It got to be ridiculous how Android was so much like Apple. At least Microsoft is doing something new in terms of designs. Google needs to do something new as well.

 

[Mav451]

Such a dangerous precedent being set by this verdict. An awful verdict at that.