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Apple Wins Injunction Barring U.S. Sales of Samsung Galaxy Nexus Phone

HTC are in a bucket load trying to trick the ITC into believing that they change their Android implemtations as part of the trade block when they actually didn't... It won't look too good for them shortly, nor for Google whom are the actual authors of the feature HTC are trying to work around...
 
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swagi said:
Oh - and the burst photo mode in the Galaxy SIII is gorgeous! Shame Apple will never be able to implement something like that :p
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Unless they ask Samsung (or whoever invented it) for permission to use the patent and pay the money to licence their innovation. That assumes Samsung are allowed to use that technology of course!
 
Thex1138 said:
HTC are in a bucket load trying to trick the ITC into believing that they change their Android implemtations as part of the trade block when they actually didn't... It won't look too good for them shortly, nor for Google whom are the actual authors of the feature HTC are trying to work around...
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How do you know they didn't?
 
Vizin said:
If someone believes this is bad enough to boycott Apple, saying "it's just the legal department" is a stupid response. The legal department still reports to Tim Cook. If he told them to stop abusing patents, this would be over.
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You mean stop trying to stop others abusing Apple's patents?
 
Oletros said:
How do you know they didn't?
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Because its going back to court after the devices were retested and found that two of the four software features that were supposed to be removed or changed were still implemented.
And it appears the feature are core android features which HTC can't really remove or change because Android is really a closed OS.
 
Vizin said:
If someone believes this is bad enough to boycott Apple, saying "it's just the legal department" is a stupid response. The legal department still reports to Tim Cook. If he told them to stop abusing patents, this would be over.
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You don't seem to understand, i'll state it again. This does not, nor will it ever hinder or block development. Tim cook is CEO, so things are reported to him, but I am sure we can agree these patent wars are not his priority.

And you're saying apple is abusing patents, which is pure speculation, because I am not even going to bother talking about the specifics of these patents. Apparently the court found that there was a case here, so apple won. Unless you were there it's hard for both me and you to say that the patents were a load of crap to protect.

I agree that tim cook could put an end to this, but if apple truelly believes that IP such as this should be protected, then there's no reason to tell your legal department to sit on there asses.
 
Vizin said:
Wait, Apple patented the idea that phone numbers are parsed into clickable links? Web apps (especially forum software) have been doing this for many, many years with URLs and email addresses. They just chose to take this pre-existing idea and use it for phone numbers. That's not novel, it's an obvious, logical way to use an already-existing technology.

The patent system is truly broken if this slipped through.
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Apple holds a patent for this feature on the desktop. In fact, I believe this feature was invented and implemented by NeXT lead by Steve Jobs before he came back to Apple in 1997.
 
Thex1138 said:
Because its going back to court after the devices were retested and found that two of the four software features that were supposed to be removed or changed were still implemented.
And it appears the feature are core android features which HTC can't really remove or change because Android is really a closed OS.
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Ah, going to court it is the same that being guilty?

And how it is Android closed?
 
The galaxy nexus doesn't have any Samsung s/w on it. Its a pure ICS handset with no customization , so there is nothing for Samsung to implement. Why are Apple taking action against Samsung and not Google?

Are they afraid of taking on Google? Doe's Google have other patents that they could use against Apple if they went down this road?

Moccasin said:
You're missing the point though. This is about the way of doing that. Others have done the same idea without incurring the patent lawyers' wrath. Clearly Apple's lawyers and engineers found something in Samsung's implementation that contravened the patent and want a licence or for Samsung to find another way.

Could be the reason why this only applies to one phone. Samsung have changed their method on later phones to avoid this.
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Saladinos said:
Google deserve this.
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Funny stuff. Chrome was the number one downloaded free app this week. Hope you understand that your hurting your fellow Apple users with comments like that. How would you like it if www.google.com was banned on browsers within iPhones and Mac's because Apple woke up one morning and decided that Google deserves it? Or if you could only eat from McDonald's because they patented fast food? Ultimately the consumer is the loser in these court battles and many here are too devoted to see what's happening.
 
To add all the views together

Before reading this post, I will point out that I have many Apple products and have done since I was 2 years old. I have also bought phones built by HTC, which use the Android OS. I actually don't care about the "OMG this is so much better than that" or "I only use Android because I want to customise everything" or "Apple are the creators of true perfection and I'm a loyal follower" etc. iOS and Android have their owner good and bad points, just as the manufacturers utilising these two OS's have their pros and cons. I use the products I like. My friends use the products they like.

I hope the above lessens the thoughts of bias anyone may have from reading this and that the following proves a useful summary and analysis of the comments and the matter at hand.

Patents:
Many comments point out that some of these patents should never have been granted. The US has granted patents to doctors, for their patients blood - without the patients knowledge. Why do I put this as an example? To show how the US patent office can give out patents like they were candy.

The fact is, patents have been awarded (however non-sensicle anyone may think they are) and Apple is utilising that patented knowledge to fight against those who would use them. Anyone who has been following this legal spat will also know that the manufacturers who use Google's Android OS have fired their own shots at Apple. This is a game between the lawyers.

The better comments in this thread are from those people not complaining that Apple is utilising their patented knowledge, but those who question the integrity of the US patent system itself. The judge can only make a judgement call utilising the facts at hand and Apple has ownership of the patents and the knowledge is being used by Samsung's skin of Android.

The target:
The target in this instance looks to be Samsung, as a manufacturer of the device implementing the Android OS. Some commenters have said "The phone's don't look alike" and as others have stated, this isn't about the hardware, so much as the software - linking to my earlier comments about patents.

Others have said - why are they not taking on Google? A simplistic answer would be that Google is in a similar financial position to Apple - they both have a huge cash surplus. What Apple are in fact doing, is taking on Google, but indirectly. The Galaxy Nexus is manufactured by Samsung (Apple previously winning a court case against the Galaxy branded tablet), but more importantly, this is the latest Google branded smartphone.

By taking out - albeit temporarily, unless the court case is won - the Google branded smartphone, Apple gains a foothold against the owner of the OS being utilised by Samsung. The Google branded products are the only way Google have been able to monetise an OS they give away for free. Take out the branded hardware, you reduce revenue drastically. Without hardware, Google only has the Android marketplace, in which the majority of the apps are free.

Conclusion:
Approximately 40% of the service industry in the USA is devoted to fighting legal battles regarding patents. 40% of the industry doesn't contribute to the economy, apart from suing other companies because of patent infringement. That's a startling number and cost US bodies $29bn in 2011 (http://www.bbc.com/news/technology-18598559).

Patents protect knowledge created (or bought). Legal battles are designed to protect those assets and recoup and monetary losses due to patent infringement. Every major hardware and software manufacturer will have hundreds of thousands of patents - some co-owned with other companies through developments, others given to the general market to use and a lot of companies pay to use patents. Samsung already pay Microsoft for every Samsung device sold with the Android OS on-board, due to patents held by Microsoft (http://www.wired.co.uk/news/archive/2011-09/29/microsoft-gets-royalties-from-samsung).

The aim by Apple and Samsung isn't the stifle competition, so much as protect the assets they believe they hold and receive compensation for the use of those assets by other companies. Even paying a small amount for knowledge can still lead to great competition - something which is sorely needed and only serves to benefit the end consumer through the lowering of prices as companies fight for market share.


Thoughts on this are welcomed and appreciated.
 
hot spare said:
Interesting article (Pursuing a Piracy Claim Against Apple):

http://www.nytimes.com/2011/11/05/us/david-gelernter-discusses-patent-claim-against-apple.html?_r=2
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In the technology world, just about every company imaginable takes something from someone else. Either accidentally, or on purpose. It happens. That's what the courts are for.

But if this article is good for one thing, it'll be good for showing those people who believe Apple is a pristine company who invents their own products and are leached off by everyone else that they're actually not all that much different.

Apple makes great stuff. But they're not the only ones. They patent actual innovative products, along with managing to get awarded ones that shouldn't have been patented in the first place. They don't always sue to protect their hard work. Sometimes they sue for the cheap advantage over cases they themselves know are flimsy. Just like MS, Google, Samsung, HTC, whoever.

So am I an Apple hater? Hell no. Like I said above, they make great stuff. I just think it's stupid how some people think they do no wrong, and put them up on a pedestal they don't always deserve to be on.
 
There is a big difference between influenced by design and stealing intellectual property and patent infringement. The latter has nothing to do with *the spirit of competition*.

Take the Microsoft surface Tablet. Certainly influenced by design of the iPad and resulting trend, but built by microsoft with their own innovative design features and operating system. It took a lot of effort R&D production cost to create their Own version of a tablet. Apple would applaud them in the spirit of competition and worry or not.

Now lets say Samsung buys a surface tablet, tears it apart and copies the coding and architecture of The surface tablet OS and copies closely the design features of that tablet i.e.; the flip cover/keyboard, and tablet size....you can bet that Microsoft will sue them for patent and IP infringement....

Stealing someone's designs whether software or hardware does not equate to *competitive spirited product creation*
Being influenced by designs and creating your own innovative version is.... its all in the details..

such infringements can be applied to a single feature a product may have that is innovative and proprietary.
 
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joelisfar said:
“I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong.”

“I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”
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Sounds like a two year old throwing a temper tantrum.

Yep, that'll show em, damn Samsung.

In related news, General Motors wins an injunction against Ford, Toyota, Honda, BMW, Subaru et al. Seems they've violated GM's patents on braking systems, ignition & speedometer design, steering wheel shape, & more.

Furthermore, being retroactive, NHTSA reports all cars will be recalled & crushed beginning July 15, 2012...
 
Serelus said:
You don't seem to understand, i'll state it again. This does not, nor will it ever hinder or block development. Tim cook is CEO, so things are reported to him, but I am sure we can agree these patent wars are not his priority.

And you're saying apple is abusing patents, which is pure speculation, because I am not even going to bother talking about the specifics of these patents. Apparently the court found that there was a case here, so apple won. Unless you were there it's hard for both me and you to say that the patents were a load of crap to protect.

I agree that tim cook could put an end to this, but if apple truelly believes that IP such as this should be protected, then there's no reason to tell your legal department to sit on there asses.
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You speak about Tim Cook like you know the guy or like you know what Apple is capable of doing. The bottom line is that competition is hurting Apple's bottom line. Tim's goal is to make the company successful at all cost. I doubt that being friendly to the competition is on his to do list.
I would love it if Apple can throw a counter punch with new innovative idea's and gadgets but this is what Apple gives us. More lawsuits than we can keep track of.
 
Lawsuits aside, Apple better not miss the train on the product side vs. Android.

Just one example. If Siri is supposed to be a standout feature of iPhone4s/iOS5, Google/Android caught up with Jelly Bean

http://9to5mac.com/2012/06/29/siri-vs-google-search-in-1600-question-street-test/

Video

http://www.youtube.com/watch?v=kDsOtdRtG0Q&feature=player_embedded#!

Siri is much slower most of the time. I'm waiting for iOS6 to hopefully improve Siri's reaction time.

I would rather see more money in R&D (or buying up innovative, small companies) than in endless lawsuits.
 
Dutch court has voiced their opinion about the Slide to Unlock before, funny how the US judge granted the injunction on this patent when its very validity is being questionned :

http://www.appleinsider.com/article...slide_to_unlock_patent_is_likely_invalid.html

That is why these preliminary injunctions are bad. Go to trial, and if infringement is found, go for damages. Injunctions just screw with consumers. What if the device doesn't infringe in the end ? It'll take months to sort out and consumers will get the device only after its useful shelf life has been exhausted rather than when it was new and fresh (though I get that isn't the case for the last 2 injunctions with Samsung).
 
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