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KingCrimson

macrumors 65816
Mar 12, 2011
1,066
0
Am I supposed to believe that the German court are iTards? No, I think Samsung is infringing on Apple's patents. Samsung is in *big* trouble, huge trouble. This counter-suits are just attempts to delay the inevitable global legal smackdown.
 

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
Am I supposed to believe that the German court are iTards? No, I think Samsung is infringing on Apple's patents. Samsung is in *big* trouble, huge trouble. This counter-suits are just attempts to delay the inevitable global legal smackdown.

So you believe the Dutch court are Apple haters ? Obviously, this can go either way.
 

Oletros

macrumors 603
Jul 27, 2009
6,002
60
Premià de Mar
Am I supposed to believe that the German court are iTards? No, I think Samsung is infringing on Apple's patents

Well, German trial was not about patents but "trade dress" and Dutch court, the one about patents stated than only an action inside Gallery App was infringing one Apple patent and even the court said that one of the elleged by Apple patents can be invalidated so no, German court are NOT iTards, you're only missinformed
 
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Trudy

macrumors regular
Sep 30, 2004
120
0
It's purely speculative what would be charged. But sure, I'd pay $399 rather than $199 for an American-built iPhone, absolutely.

Unfortunately, the capacity for completely made in the USA has disappeared for many products. I remember an interview with a flashlight maker who honestly wanted every part of his flashlights to come from the USA. Unfortunately, one small part could only be sourced from overseas, and ramping up production for it himself in the US was prohibitively expensive.

That was a flashlight. Imagine trying to make a wholly-USA iPhone.
 

KingCrimson

macrumors 65816
Mar 12, 2011
1,066
0
Well, German trial was not about patents but "trade dress" and Dutch court, the one about patents stated than only an action inside Gallery App was infringing one Apple patent and even the court said that one of the elleged by Apple patents can be invalidated so no, German court are NOT iTards, you're only missinformed

That's my point. German court is very fair and if they found "trade dress" infringement then there's something there. I mean hell, you just put a Samsung Galaxy phone or tablet right up next to the iPhone/iPad and it's almost identical! The average consumer would easily be confused and buy the Samsung!
 

daizone

macrumors newbie
Sep 23, 2011
4
1
Did you look at the patents ? Samsung's claim could very well be for non-essential patents, but patents that nonetheless would result in Apple putting out quite a sub-par handset (Samsung holds amongst other things patents on power management, imagine an iPhone with 1 hour battery life if you will... Sure it works, but Apple can't really build such a thing and hope it will sell).



Exactly what any other licensee is paying has nothing to do with F/RAND. Remember, not all patents deals are the same. Some may come with cross-licensing agreements for other patents, other with part contracts, etc... No 2 contract is alike and thus it's why it's FAIR and not EQUAL that is used for F/RAND ;)

These terms still need to be negotiated and not everyone probably agrees on what constitutes FAIR.


Plus Samsung also happens to be the company who filed the second most patents last year, second to IBM. Apple doesn't even make the top 10 list, so I'm sure Samsung has had a lot of patents to choose from.
 

Glideslope

macrumors G3
Dec 7, 2007
8,033
5,483
The Adirondacks.
I'll believe change of tactics but I don't buy pulling punches. They've been taking this seriously from the start. Dying company thrashed for air.

Yup. Heck in my region even the bloomin Hyundai's are not selling.

We need to help North and South Korea Re-Unify. That will pretty much end any issues for 20 years.

Then we all need to get behind Japan and get them rolling. IMO, Japan is the only country in the region trustworthy, and still with honor.

APPL is too cozy with "Greater China." If only us Americans would work for $50 a week with no benefits. :apple:
 

KingCrimson

macrumors 65816
Mar 12, 2011
1,066
0
Yup. Heck in my region even the bloomin Hyundai's are not selling.

We need to help North and South Korea Re-Unify. That will pretty much end any issues for 20 years.

Then we all need to get behind Japan and get them rolling. IMO, Japan is the only country in the region trustworthy, and still with honor.

APPL is too cozy with "Greater China." If only us Americans would work for $50 a week with no benefits. :apple:

Anecedotal evidence means nothing. Samsung Electronics revenues are almost 2x Apple. Samsung Group makes everything from TVs, refridgerators, washing machines, ships, life insurance, etc...
 

kdarling

macrumors P6
That's my point. German court is very fair and if they found "trade dress" infringement then there's something there.

That's the point some are trying to make to you:

The German court did NOT find any trade dress infringement. In fact, their decision had nothing to do with whether the Tab looked like the iPad or not.

The court decided solely upon their own claim that the EU Community Design drawing deserved protection, partly on the grounds that it was one of the first EU designs registered and thus should enjoy broader design range, partly because they think minimalism (which others would call vagueness) is protectable:

"The validity of the asserted Community design is, according to Article 4(1) of the Regulation, contingent upon its novelty [at the time of registration] and its distinctiveness. [...]

"In particular, the design of the front is not merely dictated by technical needs.

Defendants and the Dutch court, the Rechtbank 's-Gravenhage (in its Dutch proceeding concerning the Galaxy Tab 10.1), correctly point out that a "glass-like" touch panel covering the entire front side appears to be a logical choice. This is also holds true for the rounded corners.

Contrary to the Dutch court, this Court also considers the omission of frills and the minimization of elements to be a design achievement, since such minimization is not called for by technical reasons.

[...] Since a Community design infringement was identified, there is no need to further address the competition claims."

- Dusseldorf decision to let injunction stand
 
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wikus

macrumors 68000
Jun 1, 2011
1,795
2
Planet earth.
Im sure if the Apple Store staff just write iphone 5 on the boxes for the iphone 4s the fanboys will still buy them.

Given how obsessed apple fanatics are, steve jobs could release a turd on a plate, call it the iTurd and you'd still have apple evangelicals lining up in sleeping bags and tents 2 days before it goes on sale.

This type of extreme 'cult of brand' exists ONLY in Apple.

I like Apple products, but the cult behind it is pathetic. Now watch this comment get negged.
 

spacepower7

macrumors 68000
May 6, 2004
1,509
1
Since Apple is claiming FRAND they are obviously infringing, but to what extent is for the court to decide.

Funny tho. Samsung is suing for an actual patent, Apple sued for a community design. It seems like you shouldnt throw stones in glass house unless your house is full of inside tech. Witch it isnt.

Samsung doesn't really want the courts to decide on FRAND patents, but only use them as leverage in negotiations. There have been very few court cases around the world that have ruled on FRAND. FRAND patents are more of an idea than law.

No one in the tech industry wants FRAND patents to be decided in any jurisdiction. It will open a can of worms that will result in many more lawsuits. The companies would have to have to open their books and disclose what every player in the industry is paying for each FRAND patents. Many companies will want to renegotiate their licensing fees.

This is why nokia settled out of court with Apple, they didnt want to disclose how much each individual patent is worth in licensing fees.

Samsung is playing hardball now and if it goes far enough, a major court deciding on FRAND, it's going to create chaos in the tech industry. There will then be governments regulating licensing of FRAND patents, in various jurisdictions around the world.

Worst case scenario, Samsung has to license the FRAND patents in every individual country, to every 3G phone manufacture, meaning a pile of paperwork for everyone. Currently, bc of the ambiguity of FRAND patents, Samsung can have one licensing agreement to cover all 3G patents on iOS devices worldwide.

No one in the tech industry wants the courts to make a definitive decision on FRAND patent licensing.

Also, don't forget that Oracle may have stranglehold on Android, via google's missteps. If Oracle wins they are going to get licensing fees from every android maker.
 

BaldiMac

macrumors G3
Jan 24, 2008
8,801
10,944
Given how obsessed apple fanatics are, steve jobs could release a turd on a plate, call it the iTurd and you'd still have apple evangelicals lining up in sleeping bags and tents 2 days before it goes on sale.

This type of extreme 'cult of brand' exists ONLY in Apple.

I like Apple products, but the cult behind it is pathetic. Now watch this comment get negged.

Thank you for your hard work to keep us all informed of this nefarious cult. Without your constant repetition of every fanboy stereotype, people will continue to be brainwashed into supporting Apple with every waking thought. Your willingness to degrade yourself by interacting with such a horrific group of people on a regular basis is nothing short of heroic.
 

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
This type of extreme 'cult of brand' exists ONLY in Apple.

Other companies would kill for that. Seems only Apple is able to pull off the kinds of products that have earned them a "cult" following, or whatever you'd like to call it.

How come no one else can pull off this sort of thing?

Because it was Apple presenting the iPhone at that keynote in 2007, not Acer, not Samsung, not HP.

Because it was Apple presenting the iPad at that keynote in 2010, not Acer, not Samsung, not HP.

And after both events, look at the industry today.

Yes, Apple has a "cult" following (and has had one for a very long time, well before their power in mobile) because they do tech like no one else. Which is true by default, because no one else has a vertical business model like Apple does. No one else cares to do the whole widget.

Apple manages to differentiate themselves from the also rans, so naturally, they're going to get a different result - both in terms of product strength and consumer response.

That's all there is to it.
 

Oletros

macrumors 603
Jul 27, 2009
6,002
60
Premià de Mar
This is why nokia settled out of court with Apple, they didnt want to disclose how much each individual patent is worth in licensing fees.

Nokia was the one which wanted to go to court, it was Apple that wanted to settled down.

And why has to be disclosed what anyone pays for FRAND? No one pays the same amount
 

KingCrimson

macrumors 65816
Mar 12, 2011
1,066
0
Yes, Apple has a "cult" following (and has had one for a very long time, well before their power in mobile) because they do tech like no one else. Which is true by default, because no one else has a vertical business model like Apple does. No one else cares to do the whole widget.

Apple manages to differentiate themselves from the also rans, so naturally, they're going to get a different result - both in terms of product strength and consumer response.

That's all there is to it.

That fact drives the haters nuts! They keep making excuses for Microsoft not being fully vertically integrated, but whose fault is that? Microsoft coasted on their OEM licensing arrangement for decades and then Apple overturned the cart!
 

AppleScruff1

macrumors G4
Feb 10, 2011
10,026
2,949
That fact drives the haters nuts! They keep making excuses for Microsoft not being fully vertically integrated, but whose fault is that? Microsoft coasted on their OEM licensing arrangement for decades and then Apple overturned the cart!


But wouldn't it be funny if Apple's cart gets overturned again like it did decades ago? Jobs didn't change his closed platform and it cost him the pc war and he came right back and did it in the mobile market. What if it backfires again? :eek:
 

BaldiMac

macrumors G3
Jan 24, 2008
8,801
10,944
But wouldn't it be funny if Apple's cart gets overturned again like it did decades ago? Jobs didn't change his closed platform and it cost him the pc war and he came right back and did it in the mobile market. What if it backfires again? :eek:

Should we ignore that Jobs wasn't with Apple at the time?
 

KingCrimson

macrumors 65816
Mar 12, 2011
1,066
0
But wouldn't it be funny if Apple's cart gets overturned again like it did decades ago? Jobs didn't change his closed platform and it cost him the pc war and he came right back and did it in the mobile market. What if it backfires again? :eek:

I fail to see how Metro UI will threaten Apple's dominance. It's way too flaky, it's gonna fail badly.
 
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