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

[Moccasin]

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.

I don't think any reasonable people are arguing that Apple are perfect - they've had their own problems with patents after all. I can also understand that the patent system in the US may not be ideal. Its not a topic I know much about, though I think many of these arguments are about the detail of implementation of ideas rather than ideas per se... I don't have any problem with Apple patenting a specific implementation if that is different to industry norms and they have spent money working out that new implementation. If they are able to patent vague notions, then I would agree that this is not helpful to the tech market.

That said, just look at the regulatory section of your iPhone in settings - that lists all the recognised patents and just shows what a minefield it is.

 

[KnightWRX]

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

Call me when Siri can set a reminder or dial a contact on my phone without having to send every word I say to Apple (offline support).

Then we can say Apple has caught up with Android

 

[gnasher729]

Samsung should "block" sales of the iPhone... Really, if Samsung quit making iPhone components today, what would Apple do? Sales would plummet on the very hard to supply iPhone, and the new iPhone would be delayed for months while a new supplier is found and production is restarted... Considering the Galaxy S3 is already extremely popular, and is a viable iPhone killer, I have to wonder why Samsung keeps supplying the enemy..

There is a VP for electronic components at Samsung. Apple isn't his enemy, Apple is his best, best friend. His department makes many, many millions by selling components to Apple. He gets a huge, huge bonus every year, to a large part because of the many many millions that he makes from Apple. He will do everything he can to keep Apple happy. If the VP for mobile phones came to him and asked him to stop selling to Apple, he would tell him to **** off.

There are also long term contracts in place that are binding for both Apple and Samsung. I'd bet that at any point in time, Apple will have at least a year time to find a new supplier. And Apple can just hand over 2 or 3 billion dollars to Toshiba or Casio for them to build a brand new plant that makes whatever Apple wants.

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 :

Laws in USA and Netherlands are not the same. It is quite possible that the same patent would be valid in the USA and invalid in the Netherlands, assuming two judges make the best possible decision according to the laws of each country. Furthermore, judges can have to some degree different opinions, so the identical question could be decided differently by different judges. And of course you have different lawyers involved, and surely having a better lawyer in one country than in the other country could make a difference.

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.

I think Apple showed something very similar on a developers' conference probably around 2000. I'd check how old the patent is.

Even in the UK, I very rarely - if ever - hear 100 million expressed as 1 billion.

Happens quite often that something is planned to cost 100 million and ends up costing a billion :-(

All I saw Is design infringements, That's pathetic since apples industrial design has been "heavily influenced" from Braun and other great modernist products (that's been well documented). Again, if it wasn't samsung it will be the next in line and then next in line.... apple is scared

Samsung is free to make tablets or phones that are "heavily influenced" by Apple. They just can't copy them.

 

[barberio]

You're assuming Samsung pledge the patents they have on LTE to be used as part of the standard.

Merely have patents pertaining to a standard does not automatically make it a standard essential patent.

This is actually settled case law. If you enter into a standards committee with other companies, your patents licensing on any product of that committee can be dictated by that committee and are considered to be held in stead.

Rambus tried to exclusively patent the products of JEDEC, specifically SDRAM and DDR. They were almost comprehensively rebutted by the courts and regulators and international trade bodies. The patents were eventually invalidated, and Rambus was charged with multiple breaches of anti-trust and trading regulations. Samsung of course were one of the parties that settled with Rambus, before Rambus was so harshly slapped down by the courts and regulators. So Samsung have a sloppy record with understanding patent law.

 

[Serelus]

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.

So I am implying I know the guy by stating what we all obviously know he's prioritizing? So saying apple's development department is not influenced by all these patent wars, makes me someone who thinks he knows what apple is capable of?

.... I am sorry is anything I said not true or are you simply trying to hit spots, that are clearly beside the point? Your definition of competition is assuming the nexus didn't infringe on anything, how do you know this? I don't. So saying they are eliminating competition, while google might actually be just copying stuff isn't really a valid point. Especially without any backed up proof, now clearly the court found that there was a case here so that's basically all you can assume.

 

[jimN]

Call me when Siri can set a reminder or dial a contact on my phone without having to send every word I say to Apple (offline support).

Then we can say Apple has caught up with Android

Ironically it was available off line when they introduced voice control initially. They then took it all online with Siri. I'd rather see a balance of the two as it's a pain in the backside not being able to play music or dial a call when my reception is dodgy but it's nice to be able to use siri to do more fully featured tasks when the connection is there.

 

[Moccasin]

Happens quite often that something is planned to cost 100 million and ends up costing a billion :-(

Well if you put it THAT way. how can I argue

 

[Lennholm]

Any chance you might accept the fact that maybe you DON'T innovate on it? If Apple invented and patented it, maybe they should be the only ones who get to use it...

Before the iPhone, how many phones (including BB) could do this?

I had a Sony Ericsson feature phone from 2005 that recognized and parsed sequence of numbers in messages as phone numbers. Forums and guest books on the internet have been automatically recognizing and parsing URL's since the 90's.
I seriously don't understand how Apple could be granted a patent for this.

 

[MacsRgr8]

By cancelling out competition? Nope.

By canceling out copying.

 

[ChrisTX]

is this judge a moron? or know anything about technology?

The judge is more than likey NOT a fanboy(girl) like so many here, and probably spun this from every possible angle unlike everyone else here.

 

[Moccasin]

I seriously don't understand how Apple could be granted a patent for this.

Except if Apple patented a way in which this could be done better rather than just the idea of recognising numbers. Without being a patent specialist understanding exactly what was patented, it's hard to pass judgement.

 

[barberio]

I had a Sony Ericsson feature phone from 2005 that recognized and parsed sequence of numbers in messages as phone numbers. Forums and guest books on the internet have been automatically recognizing and parsing URL's since the 90's.
I seriously don't understand how Apple could be granted a patent for this.

http://www.google.com/patents/US5946647

Patent filed 1996, issued 1999. Note, that it recognises and cites that it does not cover simpler forms of parsing deliberately computer readable data such as URLs.

 

[rmwebs]

(Sidenote for the folks who need it: I am an iOS user and developer - I use it daily, along with all my apple stuff)

Absolutely disgusting.

I get that any patent holder MUST protect their patents, however patents such as those being disputed in this case should not have been issued in the first place. These patents are one of the things that ultimately results in limiting products at the expense of the consumer.

That being said - it should be trivial to overcome at least one of the patents being infringed - slide to unlock. There are already much better options on Android such as the pattern unlock (demo: http://www.youtube.com/watch?v=3tnnsxcienQ).

Some of these patents are so vague its unbelievable. One such example: "A means of searching multiple databases and sources for data." - how the hell can that be a patent. By that logic every single piece of software that uses 2 or more databases is violating Apple's patent.

I'm sorry but as it stands the US legal system is a complete sham. There is simply nobody who can outright say "this is fair" as it is not. I'm all for protecting your inventions, but theres a point where the system is abused with vague patents designed to force your competitors to have to license it from you. There is no way in hell you should be able to patent something like autocorrect and initiating a call.

 

[Oletros]

The judge is more than likey NOT a fanboy(girl) like so many here, and probably spun this from every possible angle unlike everyone else here.

Well, Judge Koh was called pro Samsung and her impartitallity was contested for being American Korean until now.

I would be glad to read what those people say now

 

[Lailoken]

Apple sees Google's OS and $349 unlocked price and sues everything in sight. They see a major threat and go for the jugular legal-wise. Psst: it's called competition.

Sigh. Apple seems to want nobody to push them with competing products. Their basis for this is far-reaching...google is a search company, of course their phone software will perform basic and advanced search functions (including voice). They really need to chill out with all this suing crap. It's tacky.

I'm honestly considering selling my iPad and Macbook out of principle. I'm quickly losing respect for Apple's management. They are behaving like children. It's hard to support a company that quickly moves to stifle competition and innovation.

The Galaxy Nexus is an amazing device and Jelly Bean is a superb OS. Apple knows this and they are scrambling to eliminate competition.

All good points and mostly true. However you going to get voted into oblivion here.

Android JB's Google Now functionality is superb. There are some similarities to iPhone's Siri, but then again Google is all about search and have quite a few patents they have not been enforcing out of principle. Apple should be more gracious there.

I love my Macbook Pro and won't let go of it... but I'm not so fond of iPhone anymore either.

 

[Tarzanman]

I would laugh if it weren't so sad. God help us if Apple ever becomes the mainstream desktop computing platform.

Its pretty ridiculous when a company behaves so badly that they make Microsoft look innocent by comparison.

Here's to hoping that Apple almost goes bankrupt in another 10-15 years.

 

[Moccasin]

That being said - it should be trivial to overcome at least one of the patents being infringed - slide to unlock. There are already much better options on Android such as the pattern unlock (demo: http://www.youtube.com/watch?v=3tnnsxcienQ).

Some of these patents are so vague its unbelievable. One such example: "A means of searching multiple databases and sources for data." - how the hell can that be a patent. By that logic every single piece of software that uses 2 or more databases is violating Apple's patent.

Yes slide to unlock could either be licensed or another method chosen. If proven, its hard to understand why this didn't happen.

On the other patent, Apple patented the means of doing this rather than the whole concept of searching databases

 

[r.harris1]

This.

Don't forget that Samsung holds like 12 patents on LTE. If I were them, I'd go after Apple and keep them from making an LTE iPhone.

Communications standards are generally FRAND and Apple will have likely paid up on such patents. Could be wrong, but that's generally the approach.

 

[Moccasin]

I would laugh if it weren't so sad. God help us if Apple ever becomes the mainstream desktop computing platform.

Its pretty ridiculous when a company behaves so badly that they make Microsoft look innocent by comparison.

Here's to hoping that Apple almost goes bankrupt in another 10-15 years.

How is protecting their IP behaving badly? You think no-one else does that? No-one's saying you can't use these things, just that you have to acknowledge their use rather than just taking them without permission.

Apple aren't blameless in nicking patents but they have paid the price.

 

[nostresshere]

Most of those posting here should be ashamed of their postings. You should understand what is being contested before speaking.



Quote:
1. A means of detecting and marking up data like a phone number or an e-mail address, and then initiating a phone call or an e-mail when the linked data is clicked
2. A means of searching multiple databases and sources for data.
3. A slide to unlock feature.
4. An autocorrect-type function that completes the word as a user types and allows the user to accept or reject the word.

 

[r.harris1]

It's interesting even on an apple forum the majority of people see the idiocracy of what Apple is doing. If apple really wanted to beat Samsung and google they need to spend those millions on R&D instead of their lawyers. All of these lawsuits on stupid everyday common software uses like these should have been tossed in the patent offices trash can the day they came in. Apple takes two steps backwards and their competition keeps marching forward. Apple lost their way.

You may want to reflect on all of the lawsuits filed all the time against apple by google, Samsung, htc, etc. Assuming you agree they've lost their way too. That said, I agree with how I've chosen to interpret your post: the patent process needs reform.

Until such a day though, this is how the process works and no company is immune.

 

[Over The Hill]

Call me when Siri can set a reminder or dial a contact on my phone without having to send every word I say to Apple (offline support).

Both ways have strengths as well as weaknesses.

 

[Bezetos]

Okay, this is just plain ridiculous. I'm disgusted.

Among all Samsung phones, the Galaxy Nexus has the least resemblance to the iPhone.

This.

Galaxy Nexus is a great phone mostly because of the things that distinguish it from the iPhone. It's not like iPhone at all.

It has virtual buttons, iPhone has a physical home button.
It has a different size and it's shaped differently.
The layout of buttons (volume, power) is completely different. The same goes with the headphone socket (which actually is placed more conveniently).
Completely different back of the phone. The front is similar only because most of it is a screen in both cases - can't really change that.

So hardware wise I can't see any reason for Apple to complain about. The only similarity is - they're both phones with a touch-screen. Apple hasn't invented that.

And software wise?

ICS has introduced a plethora of features that are now being copied by iOS. It's a great operating system that has been improved not by copying others but by introducing new functionality. None of the software patents used in Apple court cases are revolutionary, they're actually shockingly simple. Software patents are the curse of this world and Apple is using them too aggressively to kill off competition in a unethical way.

"Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products,"

That's called competition goddamit! If the Galaxy Nexus is better and/or is preferred by customers, you will lose sales! That's how business works! You can't sue someone for being better or for simply being competition... Apple, you should compete with them by continuing to improve your products, not by abusing the patent law!

What started with a subtle dislike of Apple is now turning into hatred.

Apple is simply a mean patent troll. Thank god software patents don't really exist in Europe, so they can keep their greedy hands out of here.
I'm sickened by them.


PS.

In this case the lawsuit is not about hardware but software: there are 4 software patents the Galaxy Nexus is considered by the judge to violate, the most important has to do with Siri

EDIT: beaten by chrm jenkins

I can't believe this has 20 upvotes while it's a lie - there is no Siri functionality in Galaxy Nexus, just the Voice Search and Voice Dictation functionality that was in Android waaaay earlier than Siri. Besides, a voice assistant is not an original idea, how can Apple patent that?
I really want to know what those 4 patents are.

 

[meechy]

Meanwhile the judge was spotted going out the back into his car with a huge Louis Vuitton holdall stuffed with $100 bills.

 

[Bezetos]

problem is steve jobs was wrong. These patents, and their enforcement, are completely ridiculous.

+1