Samsung and Motorola Counter-Offensive Against Apple; Samsung Going after iPhone 5

[dgstorm]

According to the latest patent war reports, it seems that both Samsung and Motorola/(Google), are striking back at Apple, and this time they are hitting hard. We basically have two different reports that both of these companies are "upping the ante" with stronger patent infringement lawsuits against Apple. Most likely, this is a strategic move by the two companies, designed to force Apple to stop all the petty lawsuits. (Of course, that is admittedly speculation.) Here are the details of the two stories.

First, Motorola recently asked the ITC to investigate Apple for patent infringement related to seven of Motorola's patents. Motorola has asked the ITC to ban nearly every Apple product. Here's a quote with some of the details,

On the whole, Motorola names seven patents, all of which are allegedly infringed upon by some or all of these iOS devices: the iPod Touch, iPhone 3GS, iPhone 4, iPhone 4S, and all three generations of the iPad. Presumably, the iPhone 5 would have been included had the complaint been filed a bit later.

According to Motorola, one of the seven patents is infringed upon by every Mac computer, specifically the Mac Pro, iMac, Mac mini, MacBook Pro, and MacBook Air. This patent, filed for in 2001 and issued in 2006, covers a "System for providing continuity between messaging clients and method therefor."

Interestingly, this time, the patents in question are not standards essential or FRAND patents. This means Google's ITC lawsuit (through Motorola as a proxy) will have some serious teeth to bite into Apple.

Second, Samsung has basically confirmed that they will be adding the iPhone 5 to their list of Apple products they are suing Apple for. Additionally, they are going after the iPhone 5 for eight LTE patents, just as they promised previously. Again, what is important to note about this particular lawsuit is that the patents in question are not FRAND patents. This basically means that Samsung can request harsher penalties, and potentially hit Apple where it hurts.

It's even possible that a ban of Apple products in the U.S. could come about. This would actually be a bad thing, because it really would stifle innovation; however, it's important to note that Apple was the one who started this war to begin with. Their aggressive stance and desire to garner product bans against their competitors is what has provoked this response. If things go badly for Apple, in the long run, some type of cross-licensing deals will probably be worked out and a fair and friendly competition can arrise from this debacle.

 

[Narsil]

...It's even possible that a ban of Apple products in the U.S. could come about. This would actually be a bad thing, because it really would stifle innovation...

I disagree. That statement is presumptive upon the assumption that innovation exists in new apple products, such as the iphone 5. The only thing I've seen that's even remotely innovative about the 5 is their claim of 8 hours of talk time while on 3G and 8 hours of talk time on 4GLTE. If this claim is accurate, then that is, indeed, innovative but I'll need to see it to believe it.

Otherwise, a ban of the iphone 5 (or the new ipad, or the Touch, etc.) is only stifling stagnation and, aside from those who speak in baaa's, who really cares if stagnation is stifled, especially when the stiflee is a big bully who just had his nose bloodied?

 

[BJPalmer85]

It serves Apple right!! But, I do agree that it would be a bad thing for the entire line up of Apple products to get banned. I think a pull of the iPhone 5 that required Apple to make changes to it regarding LTE would be perfect. Let them know that they can get hurt to, cause them to lose some money because of a pull of the iPhone. Maybe then it will cause them to play nice.

If that is not what they want then I hope Moto and Sammy throw everything they've got at them

B

 

[dgstorm]

I disagree. That statement is presumptive upon the assumption that innovation exists in new apple products, such as the iphone 5. The only thing I've seen that's even remotely innovative about the 5 is their claim of 8 hours of talk time while on 3G and 8 hours of talk time on 4GLTE. If this claim is accurate, then that is, indeed, innovative but I'll need to see it to believe it.

Otherwise, a ban of the iphone 5 (or the new ipad, or the Touch, etc.) is only stifling stagnation and, aside from those who speak in baaa's, who really cares if stagnation is stifled, especially when the stiflee is a big bully who just had his nose bloodied?

While one could make the argument that Apple doesn't do much that is new or innovative right now, that isn't always the case, obviously. Furthermore, the bigger picture is that if Apple were not around, then Android OEMs would have less of an incentive to push forward harder and faster. Having the eight-hundred pound gorilla (Apple) in the room definitely inspires other companies to improve their technology which benefits the consumer most of all. Apple just needs to start playing fair again, and quit with all the lawsuit nonsense.

 

[skennelly]

I agree with Narsil and was thinking almost the same thing. Apple has not been innovative in quite some time. It would however stifle competition, two completely different things.

 

[armeddroid]

I cant find the article but today i read where an Apple Exec admitted that Apple is NOT an innovator. They know they are great when it comes to marketing. He stated that Apple doesnt invent anything but takes devices and put their own spin on them. He mentioned the iphone and the ipad are not brand new innovated devices but their own way of taking existing products and doing their own polish on them.
With that being said, these patent wars will stifle innovation as a whole. Apple has their own ways of putting out products just like Samsung and HTC. Even HTC dont make their own products. They pay everyone to do the work for them. Samsung is different. They ARE creating their own products, screens, etc but no, the people who are in Apple's pocket dont care for that. They care for the almighty dollar that keeps fattening up their pockets as they continue to back up a dumb monopolizer.
SMH. Apple wants to ban Android. Android wants to ban Apple. Its a continuous cycle. I personally think that Android wants to play nice but Apple sees otherwise.

 

[jntdroid]

Innovative or not, Apple is Google's only main competitor in the mobile arena right now, and removing them completely could cause Google to sit back a bit. Mind you, I don't think Apple would be "gone" for very long, or that it'll even come to that, but still...

I do think this is more of a case of the bully forcing hands, and finally being stood up to with the hopes that all the childish fighting can stop.

 

[bdsullivan76]

I dont think the point samsung and moto is trying to make is more than to make a point. If apple wants to tie up and have products banned over shoddy and ridiculous patents, then they will go after apple with real patents that can actually cost them serious money and bans. This is a well played move by both and i hope if not for but a small period of time it works. Let the bully get a taste of its own medicine and hopefully learn a long overdue lesson in playing nice.

Sent from my DROID4

 

[WildcatRudy]

I cant find the article but today i read where an Apple Exec admitted that Apple is NOT an innovator. They know they are great when it comes to marketing. He stated that Apple doesnt invent anything but takes devices and put their own spin on them. He mentioned the iphone and the ipad are not brand new innovated devices but their own way of taking existing products and doing their own polish on them.

That was my thought about them also: experts at marketing. It seems that this time, only the press are gushing over the Jesusphone 5; my normal mac-zealot friends have barely said a peep about it, in comparison to last time.

As for the counter-attacks: good on 'em. I don't want to see apple go away either, but if what they need is a legal *blank*-slap and a few hard-hitting losses in the courtroom against Samsung/Google/Motorola, it might make them realize that 1) competition is healthy for everyone and 2) cross-licensing means money in their pocket. With Android globally 4x as popular as ios, that can only be in apple's favor.

 

[NeoPhoenixTE]

Regardless of what damage it does, a ban of Apple products in the US would have me laughing my ass off, and I would personally throw a party with this news. Even if it's for a week, nothing would make me happier than to see Apple end up on the wrong end of a legal battle that they started.

 

[hotice]

I don't think getting Apple out of the market would stifle innovation. I don't think Apple does much real innovating. There is nothing innovative about an exposed antenna or curved lines and edges let along a button at the bottom middle of the front of the phone. Capacitive screen and touch interfaces were on the way without Apple and Apple hasn't done anything since then other than fail to catch up to Android.

I would argue that Apple has hurt innovation by lowering the bar so far for what a user expects from a smart phone. dumb phones could run apps. My first Kyocera could run apps. Sure the screen was smaller and gray-scale but there was an appstore I could use to purchase BREW apps on my phone. That is only one example. The bar was much higher with Windows Mobile 6.x and earlier. Long before any iPhone it had basic features like LED notifications, widgets, and standard bluetooth file transfers, all things that the iPhone 5 still really does not have. If Apple wouldn't have flooded the market with such sub-par devices companies that are innovating would have higher sales and more resources for more innovation.

I'm not saying I want Apple out of the market but I'd love it Windows Phone was in the position of the iPhone. I think it's just as simple and far more versatile than iOS. I'll be happy though if Apple just stops suing everyone else.

 

[SquireSCA]

I cant find the article but today i read where an Apple Exec admitted that Apple is NOT an innovator. They know they are great when it comes to marketing. He stated that Apple doesnt invent anything but takes devices and put their own spin on them. He mentioned the iphone and the ipad are not brand new innovated devices but their own way of taking existing products and doing their own polish on them.
With that being said, these patent wars will stifle innovation as a whole. Apple has their own ways of putting out products just like Samsung and HTC. Even HTC dont make their own products. They pay everyone to do the work for them. Samsung is different. They ARE creating their own products, screens, etc but no, the people who are in Apple's pocket dont care for that. They care for the almighty dollar that keeps fattening up their pockets as they continue to back up a dumb monopolizer.
SMH. Apple wants to ban Android. Android wants to ban Apple. Its a continuous cycle. I personally think that Android wants to play nice but Apple sees otherwise.

DailyTech - Google Ex-CEO: Apple Doesn't Innovate, They Sue

 

[armeddroid]

DailyTech - Google Ex-CEO: Apple Doesn't Innovate, They Sue

It was another article but this is good too.

I like one of the comments:
"I have to disagree with Schmidt. Apple has innovated in some areas. Look at their lawsuit with Samsung; I've never seen someone sue over rounded corners or 4x3 icon layouts.
That is innovative."

Lol smh.

 

[captdroid]

Apple deserves a good slap down!!! I hope they get it soon and they get hit hard :biggrin:

 

[ntrddragn]

pure speculations about without apple there wont be innovations etc...there will always be a individual/company that will see an opportunity to get 'big'. plus its not like the ban will cause apple to fold and go bankrupt the next day. you are forgetting the millions of apple loyalist that will donate their money to keep it alive if that happens.