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Microsoft did the same. They went after Android manufacturer. The reason they can't go after Google directly because Android is open source and free.

Which gets to the real problem. For all the angst on the blogs about this court ruling being bad for consumers, what folks are loosing sight of is that the real threat to innovation is Google giving Android away for free. That will eventually drive everyone else out of the market as well as drive all Internet traffic (and personal info) to Google, giving them a very consumer damaging monopoly. In the long run, the free (ad supported) software model is a very bad thing for everyone. Even more so when the software in question infringes other folk's IP.

The best outcome would be if Apple can use the strength of this ruling to force a negotiated agreement with Google whereby they start charging reasonable license fees for Android instead of giving it away to monopolize advertising revenue. Although it will probably take more than even a ban on Samsung phones to make that happen - Apple should bring back and update Sherlock to threaten at least a small portion of Google's core business.
 
It's been an interesting few days in patent law....

..with Friday's win for Apple over Samsung, and then more good news for Apple from the ITC.

ITC rules in favor of Apple on three Motorola patents

This review is the latest move in the Apple versus Motorola (and, by proxy, Google) ITC complaints started last year. In the initial ruling, the ITC found most of Motorola's patents to be standards-essential, meaning they should not be able to use them as weapons in legal battles.

As a result of the hearings, Motorola and Google are being investigated by the Federal Trade Commission for violations of fair, reasonable, and non-discriminatory (FRAND) licensing of standards-essential patents.​

Somewhere someone at MotoGoog is saying "DOH!" :eek:
 
As with most software patents, these included here are ridiculous.

I've bought each version of the iPhone since day one, and was extremely excited about iPhone 5 next month. I can't believe i'm saying this, but this is just so...ugly. I'll have to protest it the only way I really can, and switch to Android. The phone probably won't be as nice, but that's not the most important thing here in the long run.
I can't believe you're saying it either. You mean to tell me that you are willing to get a Samsung phone and know that it probably won't be as nice but, on principle and your moral highground, you're willing to get yourself into a 2-year commitment? I don't believe and I'm not buying it.

No one is that stupid.
 
The fact pinch and zoom as well as a grid payout with rounded icons can be patented this is completely nuts.

Excuse me while I patent the rear view mirror and sue any car maker that dare use it.

I dont see how samsung is supposed to get around pinch and zoom, its an essential component to a touch screen.

That's why they call it innovation... Apple made pinch zoom work, why can Samsung try to do something different/better?
 
I can't believe you're saying it either. You mean to tell me that you are willing to get a Samsung phone and know that it probably won't be as nice but, on principle and your moral highground, you're willing to get yourself into a 2-year commitment? I don't believe and I'm not buying it.

No one is that stupid.

Um..the Galaxy series is great and in many way surpass the iPhone. Just...be prepared to lose support in 3..2..1...


Like I did with my Vibrant..but I've since rooted it!:D
 
I don't understand why the Sumsung executives are in shock. I mean, yes, you got to pay $1B (unless they win on appeal) but they make a good product. Common guys, apple should you the way, now start using your own brain. Stop feeling sorry for yourselves and start innovating.

Another thing I don't understand..why so many trolls around here? I like apple products and I respect what Samsung/ Google bring to the game, but why do people have to hang around here telling us that apple sucks. OK, you have a right to your opinion, go spread it where people care what you say and agree with you. Simple.
 
Indeed. And when the patent office awards Google the patent for the notification bar, I'm guessing we will all be cheering for Google when they use the patent to sue apple for the notification center, right?

There's a simpler solution..... you license the patent. That's what Samsung should've done.
 
How about a scrolling list from which to launch apps?
I came up with that in 2 seconds. Surely Samsung, with their thousands of engineers, coud have come up with something far better than I just did if they really wanted to. They wanted something like the iPhone.

Exactly...

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I don't understand why the Sumsung executives are in shock. I mean, yes, you got to pay $1B (unless they win on appeal) but they make a good product. Common guys, apple should you the way, now start using your own brain. Stop feeling sorry for yourselves and start innovating.


I imagine they are surprised, but they'll be ok until the real judgement on dollars comes down. It will be hefty, like the garbage bags...
 
Are you kidding me? Google is smart - they told Samsung - Back OFF! But they didn't. And they got burned by Apple's thermonuclear can of whoop ass!

Lastly, the phrase, there is more than one way to skin a cat comes to mind when I think about what Apple is doing.
They aren't going after Google directly. They are going after manufacturers. Brilliant. Absolutely brilliant.
If manufacturers who are in bed with Google are being attacked left and right, or fear being on the radar, who will Google turn to with their Android OS?

I just wish that companies would stop behaving like 3 year old kids during a pop quiz and copying over shoulders.
INNOVATE. INNOVATE. INNOVATE. That's how you win. You win when you innovate. That's the only way to defeat Apple. It's their achilles heel. Out innovate Apple and you win.
If not, and you choose to copy, just get out the cheque book and ask how much do I make it out for - because you will pay. One way or another. You will pay.

Or just "license" .... License the stuff that you like and innovate ontop of the stuff you don't like.
 
There's a simpler solution..... you license the patent. That's what Samsung should've done.

As far as I understand...they tried to...but apple set insane prices. Its probably cheaper for Samsung to appeal everything, get most of it thrown out of court, and pay the fine then it is for them to pay apple.
 
By cheaper stolen goods, in the case of the Galaxy S3...you mean a better product?

While the Galaxy S3 may not be subject to the trade dress issue, it still employs software features that Apple has patented (and defended in this case). Therefore, the form factor of the Galaxy S3 may not change, but it will have to change under the hood, if Samsung doesn't pony up for Apple's patent licenses.

Not sure how that makes the Galaxy S3 "better".
 
The fact pinch and zoom as well as a grid payout with rounded icons can be patented this is completely nuts.

Excuse me while I patent the rear view mirror and sue any car maker that dare use it.

I dont see how samsung is supposed to get around pinch and zoom, its an essential component to a touch screen.

For as smart as Android users think they are....posts like yours don't help your cause.

I've seen so many similar posts on various forums since the verdict it's laughable. It's really not that hard to figure out. Let me try to explain to you.

Apple isn't saying to other mfgs, "don't make rear view mirrors"...they're saying "don't make your rear view mirrors like OURS".

Pinch to Zoom is NOT an Standards-Essential patent (nor should it be). It's a Utility patent. Sure, it's the most intuitive way to zoom on a touch screen but there are other ways for designers to accomplish this if they innovate (not duplicate). How about some sort of slider-bar that appears on the screen to zoom in? Not as nice as pinch to zoom but they don't own the patent, Apple does.

Same goes for Tap to Zoom, it's a Utility patent not a Standards-Essential one. There are other ways to accomplish this.

Make sense?

As for the grid icons with rounded corners...this is a Design Patent...again not a Standards-Essential one. This means that from a design (i.e. "look") standpoint, company B can't copy company's A designs. Apple isn't saying don't use icons...or don't use a grid...they're saying don't make your icons and grid look like ours!

Make sense?

I'd be happy to go over the other patents too but hopefully you get the idea now.

Even my 14 year old can understand the difference. ;)
 
Compromise

If Apple, were to do anything here's the fairest thing to do:

For each sold model of the phone 10% of the sale per infringement should be awarded to Apple, with no barring of sales. (Phones that violated all five patients would owe 50% of the sale)

For future sales of these models ( I believe a few are still being sold ), a 25% Royalty should be awarded.

To me that sounds worthy. That sounds disciplinary. But it doesn't limit anyones choice.
 
The solution is simple:

Dear Tim Cook,

Good luck finding replacements for all the parts we make for you for your iPhones and iPads.

Love,

Samsung

Dear Samsung,

If you continue on this course of action, we'll be exercising the penalty clauses in our contracts. As a result, you will be the ones paying for those parts which we'll now be sourcing from your competitors. If this is not the outcome you desire, please rethink your position. You have 1 week in which to respond.

Sincerely,
Apple Legal
 
As far as I understand...they tried to...but apple set insane prices. Its probably cheaper for Samsung to appeal everything, get most of it thrown out of court, and pay the fine then it is for them to pay apple.

How do you know Apple's terms were "insane"? I have yet to see what the actual terms were being offered.

As far as patents go, if they aren't FRAND, then the holder can ask for a higher rate, since they aren't "essential", merely desirable.
 
I have no idea what there will be, if there will be a professional judge all the better. Here we don't have juries handling court cases and I don't trust a jury doing the work of a judge, especially in these very high profile cases. In my opinion a jury simply cannot be trusted to provide a good ruling.

You would rather have 1 person, a judge, who could be politically influenced, or influenced by businesses who have a vested interest in the cases outcome, give a ruling than 9 ordinary citizens? It's a lot easier for 1 person to make an unfair judgement than it is for 9 jurors to come up with a judgement. That's why we have several judges on the supreme court and not just 1, because they are influenced by the outside.
 
Let me be 100% straight with you: Your full of so much ****ing **** its insane. I'm not dignifying you kool aid post with a response, you pick and choose tiny tittle things to make your argument work. Ignore list.

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Did I say Apple was a niche product? I didn't. I said the Mac was, don't put words in my mouth.

Ipaq with WinMo 5.0~! I like how you got all upset and cursing after I pointed you to some spec sheets and post some screen shots.
 
How do you know Apple's terms were "insane"? I have yet to see what the actual terms were being offered.

Apple's licensing rates for Samsung were revealed in the trial: $30 per phone and $40 per tablet, with possible discounts:

license_rate1.png

The Apple example that surprised everyone was their claim to a royalty of $6 ($30 x 80% discount) even if Samsung made a non-touch Windows phone:

license_rate2.png

As far as patents go, if they aren't FRAND, then the holder can ask for a higher rate, since they aren't "essential", merely desirable.

FRAND patent holders aren't required to have cheap rates, though. Some of them are actually pretty high, starting at over 3% of each device's retail price for Qualcomm's IP.

(The trick is, the rate can drop to virtually zero if you cross license and/or buy their wares, which is what most companies do.)
 
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What does that have to do with anything? The fact a basic essential navigation tool can be patent is silly how does the iphone's popularity relate to ANYTHING I said?

It is a design as to how the operating systems functions and was very specifically designed down to the physics of what happens if you go to far in either direction. They spent years designing and perfecting it. If it was so obvious it would have been done. So it has everything to do with it. If they didn't do it you wouldn't know about it. Just because you want a droid device to have it doesn't make it right.
 
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