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It's very, very rare for a district court to grant a preliminary injunction in a patent case. So this case is unusual on this basis alone. Samsung will be able to appeal to the Court of Appeals for the Federal Circuit. District court judges are often reversed on appeal for incorrect claim construction, which is the definition given to disputed terms in a patent claim. Many district court judges joke that they might as well flip a coin in deciding claim construction. To avoid a preliminary injunction, an accused infringer need only raise a substantial question that the patent claims are invalid. The burden of proof is much lower regarding invalidity than it would be when the case actually goes to trial.

For those of you who have opinions about the merits (for or against) of Apple's claim, I doubt you have ever prepared a claim chart that correlates each patent claim with features in the accused product (to show infringement) or with features in the prior art (to show invalidity). It's a very rigorous analysis, which is another reason that injunctions are rarely granted in patent cases before the parties have actually completed some discovery on the issues.

This case has just begun.

So on the basis that the injunction was granted, one must assume that Apple's claim has merit enough to proceed before discovery and trial.

It means that one district court judge who has been on the federal bench for two years felt that Apple was entitled to a very rare preliminary injunction in a utility patent case. Before getting too comfortable in your assumption, let's see how the Federal Circuit views the merits. Judge Koh may grant a stay of the injunction pending appeal or the Federal Circuit could do the same.
 
Patent's while are important, are easily bought when you have a lot of money. It's pretty crazy how much legal "bribery" goes on in the US.

I believe apple tried to do the samething in EU in German court, but failed. I guess apple couldn't bribe their way into German judge.

:rolleyes:
 
no I'm not software developer, but i remember the times... and no one would have the interface that we have if it weren't for Apple mac..that was my point I think you missed.. first gui in history 1983 ..with the Lisa.

Mmm, no, the Lisa was not the first commercial gui
 
Well, I'm not a CEO, because as you said, I don't know how to run a company, but I don't think it would be too bad for Sammy. Assuming they could get out of any contracts first, eliminating the iPhone would mean Samsung could basically own the entire smartphone market. Even with the iPhone in play, the S3 has gotten around 10 million pre-oders, so there clearly is demand for the product. With no iPhone in play, and thus little real competition, the S3 would sell extremely well, as lets face it, most of the other Android offerings are stupid. If Samsung even took a slight profit loss for a few months on the flagship S3, such as by giving it away for free to consumers though carrier subsidies, literally everyone would be picking one up, and a two year contract to be stuck in... At the same time, Apple would be in a rut, with angry consumers, and no product to sell for months, killing their stock and thus company value. By the time they got back with a new iPhone to sell, many would have already picked and signed a contract for the cheap but excellent S3, meaning their customers would be gone...

You make some broad assumptions that have nothing at all to do with reality. What component do you think Apple is not prepared to source somewhere else? Screens? Done. SoC? Done. They would be libel for billions in damages for breaking the contract and if they caused more than a 30 day slump in Apple's supply most people would be pretty shocked. It doesn't make any sense.

The other important piece is that Samsung just isn't run that way. Apple probably pays less for Samsung components than the their mobile phone division. They don't behave like one big company with a strong central authority.
 
I get the feeling you did NOT read my post. Nor did you backup yours I originally replied to.

That article re-confirms what I've stated ... its does NOT state Bill Gates, nor even Microsoft STILL/CURRENTLY/TODAY has stocks/shares in Apple as you claimed in your post.

Apple OS X has over 25 million users worldwide.
These users are using a desktop/laptop computing platform that is NOT using Microsofts. You can BET that Microsoft has lost sales: of their OS, and to a lesser extent sales of their Office platform for these users of OSX that chose NOT to purchase/use their software. Its a vertical business.

it does not MATTER of OSX is sold legally with intent to run on Wintel machines ... the fact that its sold at all and ships with another computing platform that fights for the same target market of customers means its in direct competition to Microsoft.

According to you? 25 million users?

Hate to break this to you, More copies of Windows 7 were sold last year, than computers Apple has ever produced.

The Mac has never been able to effectively compete with the Wintel Machine.

Not because its a bad computer, its a great computer. It just doesn't offer the things most Wintel owners want.
 
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Those aren't final products for apple. The final product is assembled in chinse sweat market using components provided by Samsung.

"HOLY CRAP I DID NOT REALIZE THAT, SHERLOCK!"
smih.gif
 
One that could choose to respond by not suing, but rather by doing what Apple does best. Innovate, build a world class new model that raises the bar so high, that the competition falls on it's face trying to reach that high.

Or they could do both.
 
Not because its a bad computer, its a great computer. It just doesn't offer the things most Wintel owners want.

Effectively compete? Have you looked at the stock numbers lately. I think Apple has been pretty effective lately (past 10 years).

It just doesn't offer the things most Wintel owners want.

Most wintel owners are either clueless about it, don’t know any better or just don’t care.
 
Effectively compete? Have you looked at the stock numbers lately. I think Apple has been pretty effective lately (past 10 years).



Most wintel owners are either clueless about it, don’t know any better or just don’t care.



As far as compete, they've failed to capture the market, last time I checked it was right under 10%, I wouldn't call that competing. I'm not talking about the mobile market, just computers. They're m ostly failed to carve out a good marketshare.

4-5% in what? 12 years? Woooo!!!!!

Most Wintel Owners have stable machines that do what they need them to, so they don't care. And they like their window machines for what they do, and they don't see the point in spending more money on Mac, so they don't care about Macs.

Again, not saying they are bad, I love mah Macs. But most people don't want/care/need a Mac. They want something that is stable, mostly quick, does everything they need it to do, have it last 5-6 years, and be affordable. The Mac fails at Affordable and 5-6 years.

Its all about what you need, I have a iMac at home for Daily Driving.

I couldn't never use Apple at Work, Weak Hardware, and OSX literally can't handle the software I run, even if a decent version existed.
 
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-slide to unlock
-data linking
-autocorrect
-unified search (a al Siri)

I do know that just about every android device has these features, Google makes the OS and its features, not Samsung, they only build the device and tweak the software to run on said device. Samsung did not add these feature to the OS, Google did.

Here is where I ask the question on why Apple is going after Samsung over OS features that Google implemented ?

Apple didn't create these features, neither did Samsung, or Google. They all probably just took the ideals from some other software that used them.
 
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I do know that just about every android device has these features, Google makes the OS and its features, not Samsung, they only build the device and tweak the software to run on said device. Samsung did not add these feature to the OS, Google did.

Here is where I ask the question on why Apple is going after Samsung over OS features that Google implemented ?

Great question !
 
I'm not "playing" anything.

My comments aren't irrelevant because I didn't simply express a comment without merit. What I posted wasn't an opinion, it was Fact ! And I posted a link to back it up with proof.

If you want to engage me on this topic, I'm all for it. But come to the table with something more substantial than " I don't like it"

Windows Mobile 6.5 bears a striking resemblance to iOS 1 and just because it's not as pretty as iOS ( and by the way I agree with that) it doesn't change the fat that it Pre-Dates iOS by YEARS.

Image


Just take a look at the
1.Layout of Icon Grid
2.Settings Icon
3.Calender Icon
4.Contacts Icon
5.Changeable Background
6.Status Bar at the top
7.Apps...iPhone on launch didn't have Apps
8.Status bar at the top
Etc.. (there is more)

You can't say with a straight face that this is a coincidence. Apple clearly made a superior OS but it didn't come out of thin air. Microsoft innovated and was arguably the first one out of the gate with this kind of a mobile device. And I'm not even going to get into PALM.

The fact that you didn't like it means nothing. A lot of people didn't including myself.

The point it that Apple has no right to block others for any reason.

I have a sneeking suspicion that we have a case of Apple Fan-Girl as a judge making calls based on opinion. It's just as bad a making a Yankee Fan the Umpire. Gee, I wonder who would win :rolleyes:

If they have a patent... They would have chased it the day after Apple launched iPhone. Have a search of their patent history... If they patented the interface... Send bill and Ted and email and let them know they're missing out...! Then Ballmer can call in his developers squads to quash the new found frenemies!

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As far as compete, they've failed to capture the market, last time I checked it was right under 10%, I wouldn't call that competing. I'm not talking about the mobile market, just computers. They're m ostly failed to carve out a good marketshare.

4-5% in what? 12 years? Woooo!!!!!

Most Wintel Owners have stable machines that do what they need them to, so they don't care. And they like their window machines for what they do, and they don't see the point in spending more money on Mac, so they don't care about Macs.

Again, not saying they are bad, I love mah Macs. But most people don't want/care/need a Mac. They want something that is stable, mostly quick, does everything they need it to do, have it last 5-6 years, and be affordable. The Mac fails at Affordable and 5-6 years.

Its all about what you need, I have a iMac at home for Daily Driving.

I couldn't never use Apple at Work, Weak Hardware, and OSX literally can't handle the software I run, even if a decent version existed.

The doubling of seats explains why major software houses are flocking back to the mac and iOS platforms in the past 3 years... :)

And what I mean is that those big software houses who fled the Mac are now racing to rebuild their Mac user base... Funny that :)

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Cause it's a thriller! Thriller night!
And no one can escape from the beast about to strike!

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Patent's while are important, are easily bought when you have a lot of money. It's pretty crazy how much legal "bribery" goes on in the US.

I believe apple tried to do the samething in EU in German court, but failed. I guess apple couldn't bribe their way into German judge.

:rolleyes:
Oh you mean how HTC bought a bunch of patents and then sued Apple... Like that u mean?
Or perhaps the S3 graphics patents... Oh yeah that was HTC.. ;)
Or perhaps u mean Google buying Moto... Then 'Moto' sues Apple using FRAND patents... Hmmm
 
You guys don't understand business and how it works. McDonald's is not going to sell you on burger king. Just like Honda is not going to sell you on toyota.
 
If they have a patent... They would have chased it the day after Apple launched iPhone

I think you're missing the point, Apple is not suing Samsung for the grid of icons or the setting bar because they don't have any patent about them

He has posted that picture because people is saying that Android has ripped off the look of iOs and if this is true you have to admit that iOS has ripped off WM

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You guys don't understand business and how it works. McDonald's is not going to sell you on burger king. Just like Honda is not going to sell you on toyota.

:confused::confused::confused:
 
I think you're missing the point, Apple is not suing Samsung for the grid of icons or the setting bar because they don't have any patent about them

He has posted that picture because people is saying that Android has ripped off the look of iOs and if this is true you have to admit that iOS has ripped off WM
I know exactly what he's saying... This discussion is all about asserting patent rights. I used to have an OS2 phone and it's icons we're arranged in a grid.. I had a HP5550 and it's icons we're arranged in a grid... And a Palm V and it's icons we're in a grid. It's more than a grid... It's the graphics, the methods they're implemented, design, user interaction, actions before, during and after interaction, the basis of that interaction being a stylus or capacitive screen... And the software implementation behind it... Icons in a grid are old hat. :)
 
This is why I've started to hate Apple over the last two years. But Google should fire right back at them. Because Apple totally stole the drop down notification menu from Android. You can't deny it.
Yes. Apple can have a modern day smart phone without a drop down notification and google can have a device that is just a drop down notification bar. Both sides left with what they created. Sounds good to me
I wonder how many oems will use android when it is only a drop down notification bar?
 
McDonalds... Micky-D don't make money from burgers n fries... They make money from real estate and investment. Burgers n shakes only pay for investment advice and conveyancing.
 
According to you? 25 million users?


Not because its a bad computer, its a great computer. It just doesn't offer the things most Wintel owners want.

You are right, 25 million is not correct. Last year they where at 54 million

http://www.gottabemobile.com/2011/06/06/mac-is-kicking-ass-os-x-install-base-now-over-54-million/

And today they are over 60 million. Computer, without mobile devices. This is the installed basis, got not too much to do with market share. That discribes the sold units per quarter. But there also the Mac is gaining.

If you consider the mobile market as well, and iOS is using the same kernel then OSX, something MS tries to do now with Windows 8, Apple is fast growing from a needed sideline to a real pain for Microsoft. The really anoying part for Redmond is also, that Apple is making money, lots of it. That after all is the goal for any company.

To your last point, for me it is the other way around. A Windows machine can not give me what I want, the software is not running on them and there are not even other programs available that do what the mac software does. But besides that, I doubt that "the Windows consumer" (who gets his computer preloaded with Windows because he looks for the cheapest available option regardless "what it can do" because he does not know what it should do) is comparable with a Mac user. Microsoft market share includes ALL computers running there system, from the office writing pool, over ATMs to supermarket checkouts, not a real market for Macs. What the comercial market is concerned, you see a sleek iMac at reception, because thats where public contact is happening, but on the floor offices are hundreds or thousends of HP $299 "typewriters". It would be foolish to buy twice as expensive Mac minis for that and Apple is not targeting that market.
For private consumer use however, things look very different. I have to look long and hard to find a household around me without an Apple product. At my sons university Macs are the absolute majority (often with Windows7 on the side, in a Window) tablets are iPads and Apple is selling them not by the truckload, but by the shipload.

I too have a Windows machine, I even upgraded it last year to Windows7 (Windows8 will be a no go, also for MS) but I do not use it anymore. I thougt I need it, for something, did not even know what, but its collecting dust since I use my iPad for the last year. Even my Macbook is degraded and serves as printserver, storage and....yeah, thats it. For private use, my iPad has taken over. It is the better phone, tv, email client, magazine, plays music all over the house, the ultimate remote control for everything from my light to the garden sprinklers, and everything else I do privately with my computer.

And windows has to bring a hell of a killer feature (timetravel? Teleportation?) to convice me to spend $1000+ on "surface"
 
Again, not saying they are bad, I love mah Macs. But most people don't want/care/need a Mac. They want something that is stable, mostly quick, does everything they need it to do, have it last 5-6 years, and be affordable. The Mac fails at Affordable and 5-6 years.

REALLY? dude come on, i've owned a mac that lasted over 9 years and it is still going. A G4 Quicksilver 2002.

Mac is made to last, you pay for quality.
 
Yes. Apple can have a modern day smart phone without a drop down notification and google can have a device that is just a drop down notification bar. Both sides left with what they created. Sounds good to me
I wonder how many oems will use android when it is only a drop down notification bar?

Are you saying Apple created the grid of icons? Have you not been reading this thread?

Alright, Marksman. I've got a challenge for you. Lets see if you're up to it.

I want you to tell me 5 things Google stole from Apple for use in Android. These 5 things have to be completely unique to Apple and the iDevice line. As in they were nowhere to be found before 2007.

Good luck.
 
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