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Apple has absolutely nothing to lose in all this. Lord only knows what new argument they'll bring to the table. Just how deep do Apple's patents go?

Obviously not very! They lost a patent and basically all Samsung needs to do is change a gallery app. You can spin this all you want but you sound like you're in denial.
 
While I agree that Apple has a right to defend it's IP,...and in this case, they were able to patent something that in hindsight seems so obvious...there are times when patents are in fact rewarded for something that just shouldn't be patented...

I worked for a tech company (to remain unnamed due to potential ongoing litigation), but at this company, we were sued by a company that had a patent on "Client-Server Calls requiring server side database queries to generate data and return to client"...Basically, the patent said that this company created the idea of contact between a client (for example mobile device) and a server (in this case a server side web service), requiring a database lookup on the server side that would then furnish result data back to the client...Imagine that!!! This is basically what EVERY company does with mobile apps pretty much!!! In this particular case, the patent applied to only specific data (For example "book" data), but still, this is basic client-server architecture, and to think that someone was actually awarded a patent for doing what people have been doing for years seemed a bit ridiculous...I don't know the outcome of the case, but I think this would certainly be a case where "IP" shouldn't have been awarded.

As for Apple...I'm a huge fanboy, but I'm on the fence for something like this...I do believe Apple deserves a lot of IP rights for their mobile smartphone designs and creations, but the swipe does seem pretty standard...
 
That's fine.

I'm actually betting Samsung won't make the change.

Making the change admits that they were in the wrong and are buckling to Apple, which casts even more aspersions on them (on top of what there is already.)

Not making the change will simply witness the execution of the ban and Samsung also loses. They have the option of bringing other suits against Apple instead, with a request for an injunction against Apple products (which might very well leave Samsung in just as disadvantageous of a position as they are now, for they've already tried to fight Apple.)

Apple has absolutely nothing to lose in all this. Lord only knows what new argument they'll bring to the table. Just how deep do Apple's patents go?

So, Samsung on the one hand, loses more face, if they make the change. On the other hand (of they don't make the change) they lose more money and share (and possibly face.)

But for now this is all speculation.

When Samsung make the change what you'll say?

Psss, don't say anyone, Samsung already has said that they will modify the app
 
Just more proof that Apple is really scared of Samsung. "If you can't innovate - litigate" is Apple's new MO.
 
It's also a matter of perspective.

http://www.informationweek.com/news/mobility/smart_phones/231600072

The good news for Samsung is that the injunction relates specifically to the current version of these three smartphones. Future versions of the Galaxy S, S II, and Ace that contain revisions to the behaviors in question may be able to get around the injunction. Samsung could, in theory, update the software so that it no longer violates Apple's patent. This would allow Samsung to import the devices into these European Union countries once again.

Samsung isn't the only company affected by this decision, though. Android itself is now in jeopardy.

"Regardless of how Samsung may be able to work around this decision in Europe," said FOSS Patents, "it's a severe blow for Android. In all likelihood, the winning patent is infringed by Android itself--probably not the operating system per se, but by one or more of the applications that ship with Android and without which the usefulness of Android would be impaired in one particular area (photo viewing). Apple now has the first enforceable court decision in its hand (out of many lawsuits going on around the world) that finds Android to infringe an Apple patent."

In other words, this ruling could serve as the basis for Apple to win patent litigation in other courts around the world, leading to similar injunctions. That would be bad for Samsung and every other maker of Android devices.
 
Do you, really?



(i) Yes, WP7 sports an - as far as computing is concerned - innovative GUI. However, iOS does not. Icons in a grid. Come on? Where is the innovation in that?

(ii) A product you still swipe to navigate. I asked you to think of a different (sensible) way to utilize touch to navigate a device, not provide me with an example of exactly the same. Do you have an answer or not?

I'm not a GUI designer, but you could press an onscreen navigational control (on-screen button), press a thumbnail image, Apply pressure to one side of the device or the other, voice navigation.

The fact remains, there was no phone like the iPhone until the iPhone. Now there are Android/various hardware copies all over the place.

It's not about just a grid of icons. It's about a whole lot of things put together. Whatever... you don't agree. That's alright with me, I respect your opinion.
 
It's also a matter of perspective.

http://www.informationweek.com/news/mobility/smart_phones/231600072

The good news for Samsung is that the injunction relates specifically to the current version of these three smartphones. Future versions of the Galaxy S, S II, and Ace that contain revisions to the behaviors in question may be able to get around the injunction. Samsung could, in theory, update the software so that it no longer violates Apple's patent. This would allow Samsung to import the devices into these European Union countries once again.

Samsung isn't the only company affected by this decision, though. Android itself is now in jeopardy.

"Regardless of how Samsung may be able to work around this decision in Europe," said FOSS Patents, "it's a severe blow for Android. In all likelihood, the winning patent is infringed by Android itself--probably not the operating system per se, but by one or more of the applications that ship with Android and without which the usefulness of Android would be impaired in one particular area (photo viewing). Apple now has the first enforceable court decision in its hand (out of many lawsuits going on around the world) that finds Android to infringe an Apple patent."

In other words, this ruling could serve as the basis for Apple to win patent litigation in other courts around the world, leading to similar injunctions. That would be bad for Samsung and every other maker of Android devices.

That is true as of this second. Once that app is patched it means nothing and in the end Apple still loses a patent and has egg on its face.
 
Just more proof that Apple is really scared of Samsung. "If you can't innovate - litigate" is Apple's new MO.

Expect the part where these lawsuits wouldn't be happening if it wasn't for Apple innovating and everyone else following.
 
Why shouldn't this have been patented? Before the iPhone, there was no such thing as these touch-based gestures. It's easy for us, 4 years later to say "that's obvious", but back then it wasn't, and Apple did it first and they did it right. They put years of research and invested millions of dollars into this and deserve to reap the benefits of that.

Wrong. Why are you even posting?
 
Not quite. Taps seem to be a logical step as far as I'm concerned. Swiping is a big step. Considering scrolling through pictures previously involved clicking arrows, or tapping an arrow on a keyboard, it seems that touching some sort of arrow would be logical. How do you get the jump to swiping? There were touch devices before Apple came out with the iPhone. None of them had swiping movements like Apple's. The reason? It's not obvious.

Also, the patent isn't on a movement per se. It's on the machine end (i.e. the product and the method to perform the actions by the operating system).

Of course Apple totally ripped off the Von Neumann architecture in the description of the machine.
 
So where is the patent tab?

The only problem that I have with samsung is the crap they put in their android phones (I do have one and has about 40 megs of crap on its rom) and the fact that their boxes are a rip of of the iphone boxes.
 
Psss, don't say anyone, Samsung already has said that they will modify the app

Have they?

http://www.informationweek.com/news/mobility/smart_phones/231600072

Samsung issued a statement vowing to fight the injunction. It said, "Today's ruling is an affirmation that the Galaxy range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our Galaxy smartphones."

Seems like they're itching for a fight instead.

All we see is the option for an update (at the moment.)

http://www.bbc.co.uk/news/technology-14652482

Software update

Samsung's photo management system is, in turn, part of Google's Android operating system, suggesting that Apple may be able to take similar action against other handset manufacturers.

For that reason, it seems likely that Google may now have to issue an urgent update to Android.


I see no commitment here.

Or was there some other statement by Samsung or Google that *did* make a commitment? I might have missed it.
 
So where is the patent tab?

The only problem that I have with samsung is the crap they put in their android phones (I do have one and has about 40 megs of crap on its rom) and the fact that their boxes are a rip of of the iphone boxes.

That actually is the carriers who demand the installation of bloatware. Luckily I can just root my phone and rid them in a matter of seconds.
 
Well something's up, because Apple's case is passing the legal tests each time.

After submitting questionable proof. If Apple had such a strong case, why did they feel the need to Cherry-pick the images shown from the Galaxy? And feel the need to distort the images of the Tablets and Phones to match those of the iPad and iPhone?

They even changed the size of the images to make them look more like the iPhone and iPad. The fact is they were comparing the iOS homescreen to the Galaxy's App Drawer screen.
 
Just more proof that Apple is really scared of Samsung. "If you can't innovate - litigate" is Apple's new MO.

I said something similar in another Apple lawsuit thread but the reality is Apple is afraid and they should be.

Unlike the Mac the iPhone and iPad require market share due to the nature of the app store. Developers want to see the devices, Apple wants as many app sales as possible.. in as many hands as possible and the reality is Apple's hardware sales philosophy won't allow them to fend off the Android avalanche in phones, tablets will probably repeat themselves.

It's hard to believe just about two years ago Apple basically didn't even have a competitor until the first Motorola Droid came out and started the Android revolution.. and now Android is the clear leader.
 
I hate to tell you, but before the iPhone in 2007... swiping to go through photos did not exist. I was there and I saw the keyboard. Is it obvious now? Sure. But back then it was a totally new way to do these things.

Swiping? It's a UI gesture metaphor for flicking through pages of a book. I can't see how anyone would think it isn't obvious.

If you look at Jeff Han's multi-touch demos (which predate the iPhone) most of the multi-touch gestures we're now familiar with are already there. I'm not sure what's so new/innovative/clever about the swipe that it merits protection. I don't think the "We spent millions on researching The Swipe and deserve to profit from it" argument holds in this case.

----------

First to patent+market a full touch screen phone with swiping gestures.

Patenting + Marketing = Innovation?
 
You don't see the point do you? In business it's not about being fair or not. It's about maximizing shareholder value. Patents secure income from the the stuff that companies patent (note that I'm not using "invent" here).

In other words:
By patenting you make sure that another company cannot profit from the technology you patented, which means that if this is a technology that customers like, they will not find it anywhere. This will secure market share and hence profits.

We can all pretend like fairness is nice and should matter in business, but it doesn't. So whether you, I or most of us think it shouldn't be patentable doesn't matter.

I do agree with you that it shouldn't be patentable, but unfortunately it can be, and as long as this is the situation I'm glad that Apple defends the patents they haven because it makes sure that my Apple share price goes up.

Its you that dont get the point. The patent system was not put in place so that you could take old (or otherwise obvious) ideas and claim it as your own. That was not, is not, and will not ever be the point of patents.
 
Where exactly did Apple innovate?

If you're using a modern touchscreen smartphone or an iPad, or an iPad knockoff, then you already have your answer. If you're using apps from an app store you already have your answer, etc., etc.
 
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