Samsung Seeking iPhone 4S Sales Ban in Japan, Australia

Page 2 - Seeking answers? Join the Tom's Guide community: where nearly two million members share solutions and discuss the latest tech.
Status
Not open for further replies.

rhangman

Distinguished
May 5, 2009
40
0
18,580
[citation][nom]ericburnby[/nom]Samsung doesn't have a hope in hell. They already tried that in The Netherlands and the judge wouldn't allow it. Samsung tried using FRAND patents and that didn't work. Not sure why they think it'll work in Australia or Japan.[/citation]
They aren't using only FRAND patents for their Japanese case. I'm sure they have plenty of others in reserve to. Any confirmation on whether Apple's new antennae design infringes or not?
 

eddieroolz

Distinguished
Moderator
Sep 6, 2008
3,485
0
20,730
So Samsung fails in Netherlands and goes to Germany. Then they fail in Germany and runs to Japan and Australia, while offering "truce" despite being obviously guilty of copying Apple in some respects.

I'm sorry Samsung, you don't have a chance.
 

alidan

Distinguished
Aug 5, 2009
1,681
0
19,730
[citation][nom]joytech22[/nom]All I want is Samsung to win. Period.Apple is less about innovation and more about suing the competition when they realize there is danger. Seriously Samsung has been making some of the best Android devices people have used and seen even if the build quality is sub-par (Coming from a guy who broke his Galaxy S screen on his nose when he dropped it on his face in bed, not the touch panel).I mean Apple fanboys are blaming Android for stealing designs and stuff from Apple even though Android has been around LONGER than iOS. Not only that, they praise the changes in iOS5 even though those features were available in Android long before.[/citation]

they were in ios through apps too... but those apps got pulled. take the one where you press a button to take a picture as an example, that was an app that got pulled.

 

RealityClash

Distinguished
May 1, 2010
42
0
18,580
[citation][nom]zybch[/nom]Apple have their own in-house team of lawyers. In fact I believe these leaches have their own building on the apple campus.Google would fight back and has a huge warchest, thats why. Apple would NEVER attack someone that could adequately fight back. In that way they're like the RIAA/MPAA, gutless cowards.[/citation]
The consumers still pay their salaries though.
 

watcha

Distinguished
Sep 2, 2007
950
0
18,930
Just a series of facts which nobody can dispute, to clear up some of the 'misguided' comments:

- iOS was initially released 29th June 2007
- Android was initially released 23rd September 2008
- On Wednesday Apple obtained an injunction against Galaxy Tab 10.1 sales in Australia.
- On Thursday the U.S. judge presiding over the Apple vs Samsung patent case confirmed that Samsung is infringing on Apple patents without awarding an injunction yet.
- On Friday, a Dutch judge said Apple is not infringing 3G-related patents owned by Samsung
- Any company can make a request for an injunction whether it is legitimate or not.
- The losing party of all of the above (and any cases) pays the legal fees for both companies.
- (I believe that) Samsung has yet to be awarded any 'victories' in patent lawsuits vs Apple this year
- There is no evidence whatsoever, in any shape or form that any judge or institution is being 'bribed'

Observations:

When Android and iOS 'first started' or 'were around since' is completely irrelevant. We don't know when iOS development started but it could easily have been before Android given that it was released over a year earlier. The development start date is not relevant when discussing patents anyway, only the release date of the product or the date of the patent matters.

The biggest loser of all of these cases so far, is Samsung, who will be having to pay legal fees for Apple left right and centre as well as losing sales. Having failed to win any landmark cases, by seeking more injunctions they are simply increasing their costs - bad for their consumers, at little expense for Apple.

The fact that so far the decisions are landing in favour of Apple suggests that Apple has far more of a legitimate case and is not 'dying by the sword' at all. If anything, Samsung is 'living by the sword, dying by the sword' of patent infringement.

People accusing Apple of bribing are neglecting the more simple and most obvious conclusion. When a company seems to get the majority of decisions in their favour, it doesn't mean they 'bribe' people, it means they are legally correct.
 

anti-painkilla

Distinguished
Mar 29, 2011
116
0
18,640
To the person asking about apple suing the hardware makers, i believe it is due to the custom UI's they put over the vanilla Android OS. These are breaching the IP apple has. Correct me if i am wrong, just what i seem to have gotten from all the articles.

Also go Samsung. iHeart my Galaxy S.
 

watcha

Distinguished
Sep 2, 2007
950
0
18,930
[citation][nom]RealityClash[/nom]The consumers still pay their salaries though.[/citation]

Unless the legal team win their case, in which case all legal fees are paid for by the opposition. In the cases so far, that means Samsung.
 

victorintelr

Distinguished
Aug 17, 2010
101
0
18,630
[citation][nom]eddieroolz[/nom]So Samsung fails in Netherlands and goes to Germany. Then they fail in Germany and runs to Japan and Australia, while offering "truce" despite being obviously guilty of copying Apple in some respects.I'm sorry Samsung, you don't have a chance.[/citation]
Samsung might not have a chance, but also apple got lucky for not being sued by LG which issued a smartphone (LG Prada) BEFORE the iPhone, guess some companies are not such A@$es
 

Goldengoose

Distinguished
Jul 12, 2011
119
0
18,640
Hate to say it but Apple will just win again however. Samsung lost in Germany, Australia is a lost cause so why would it be any different else where?
 

back_by_demand

Distinguished
Jul 16, 2009
1,599
0
19,730
[citation][nom]11796pcs[/nom]Let's return fire with fire because everyone knows that will solve the world's problems. Why don't Samsung and Apple just agree to not sue each other for a year or something- then everyone will be happy.[/citation]
That will never happen, Apple have previous form for signing up to court settlement agreements then breaking them if the fine is less than the profit to be made for infringement. Apple are like Japan in WW2, total belief in their cause and only nuking 2 major cities would settle the arguement.
 

back_by_demand

Distinguished
Jul 16, 2009
1,599
0
19,730
[citation][nom]eddieroolz[/nom]despite being obviously guilty of copying Apple in some respects[/citation]
Are you a lawyer?
Do you work for the patent office?
You don't know what you are talking about, you are expressing opinion, not fact.
 
G

Guest

Guest
@eddieroolz
"despite being obviously guilty of copying Apple in some respects"

i believe you are indeed right there, it says here grid of rounded off squared icons and swipe finger gesture for picture browsing, so thats what makes the iPhone competitive.......

it would appear the moment you put those two features on any device folks are unable to discern the distinction between said device and an Apple product

and if you want to talk about innovations, since 2006, Samsung has been number 2 in the world for the number of patents awarded to them, averaging 3000 odd patents a year, Apple conversely has failed to even make the top ten, whats the bet the majority of Samsung's patent port folio arent the look and feel types
 
Status
Not open for further replies.