Samsung Dealt 3 Blows in Apple Case: Banned in Australia, Looks Bad in U.S. & More

Discussion in 'Android News' started by dgstorm, Oct 14, 2011.

  1. kodiak799

    kodiak799 Gold Member

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    I thought the finding had nothing to do with design, but technical features of the touchscreen heuristics and scrolling through the photo gallery, the latter of which they supposedly already have a work around.
     
  2. czerdrill

    czerdrill Silver Member

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    Yes as far as i know it is the software patents and not the design or trade dress that this injunction was based on (the one in Australia). The US case was found on design. I'm not familiar enough with the actual patents to know whether its an easy fix or not though...
     
  3. kodiak799

    kodiak799 Gold Member

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    That all sounds correct. The US judge denied a temporary injunction on the design, but we'll have to see what the ultimate ruling is. I think it would be borderline criminal for them to pay on the design patent, but the patent arena is one of the more screwed-up parts of US law, with the issue probably lying more on the side of issuance being too lax.

    I think they could be in trouble on the heuristics. The gallery browsing wouldn't seem to be that tough, maybe, and they supposedly have a work around already. The latter is almost as petty as the design deal, but the touchscreen heuristics I would call a pretty major breach of intellectual property, if indeed there has been a breach. And all tech companies do that, trying to change the architecture or code just enough to circumvent the patent. Of course, Apple's lawyers are very good - they'd have to be to patent a freaking rectangle.
     
  4. czerdrill

    czerdrill Silver Member

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    I agree 100% that if they lose on design that would suck. Not because Samsung didn't copy the design, because I think they did, but because a patent was even granted in the first place hah.

    At the end of the day, both sides will have to go by what the courts rule, although I don't think the fight is anywhere near over.
     
  5. mrZoSo

    mrZoSo Member

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    This is ridiculous to me! That's like taking anything that looks similar, gadgets, cars, trucks, whatever, and when it gets so at a certain distance and beyond, you can't distinguish which 'brand' is which. LAME

    This would be a good place to start.

    I'm not saying Samsung is innocent or guilty, but if they are violating patents, then so be it and justice be done, then move on.
    One thing for sure though, Apple is just plain out going crazy with law suits. That just tells me they are sort of running scared and losing profits. But hey, that's what competition is about.

    Just my 2¢ ;)
     
  6. czerdrill

    czerdrill Silver Member

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    Scared, maybe. Losing profits? No way
     
  7. mrZoSo

    mrZoSo Member

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    I was using 'losing profits' very loosely. Maybe I should have said, they're seeing a lot of money not being spent on there products.
     
  8. czerdrill

    czerdrill Silver Member

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    You'd be wrong there too.
     
  9. GBH2

    GBH2 Member

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    Apple sells a lot of products and makes a lot of money but Android phones are increasing their user base faster than iphones.
     
  10. UNC

    UNC Active Member

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    You guys are using the whole "rectangle" thing as a straw-man argument. The physical design may be one part (and possibly the weakest part) of why Apple is in this battle with Samsung, but obviously TouchWiz is the real issue. If Samsung would just release the products with vanilla Android instead of TouchWiz they might be in the clear.

    But hey, let's just let these billion dollar companies battle, at least they are paying some taxes to the courts!
     
  11. czerdrill

    czerdrill Silver Member

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    Ok yes that I will agree with haha.
     
  12. kodiak799

    kodiak799 Gold Member

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    I do wonder if Apple kind of got caught sleeping in smartphones - they had dispatched numerous contenders there and on the IPods - and is now getting very aggressive trying to defend the tablet space. . Of course, it may take many years yet but aside from becoming a patent troll, MS is the elephant that may be put out to pasture if they don't get a significant stakehold in the smartphone/tablet market because it's only a matter of time when the 3 markets merge into 1 device, I think.

    Ultimately it doesn't matter. You can commoditize the markets - and eventually it will be - and Apple will still make a lot of money than everyone else. Just look at the Mac - basically the same components and really offers 90% of the market very little vs. the PC yet sells for hundreds more.
     
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