Apple may file for temporary restraining order against Galaxy S III

Posted:
in General Discussion edited January 2014
During a hearing involving Apple's suit against Samsung's Galaxy Nexus on Thursday an attorney for the iPhone maker said that a temporary restraining order against the South Korean company's Galaxy S III could be used to block sales of the device before it reaches U.S. shores.

The restraining order filing could come as early as Friday, though Judge Lucy Koh who is presiding over the Nexus case said that it might not be possible to schedule a hearing for the request before the product is launched later this month, reports Bloomberg.

"Once sales are made, the harm is irreparable," Apple lawyer Josh Krevitt said.

Samsung has reportedly racked up over 9 million pre-orders for the next-generation handset and the unit is already on sale in 28 countries across Europe and the Middle East.

Apple on Tuesday filed to enjoin the Galaxy S III with the suit being heard on Thursday, claiming that the device is a successor to the Galaxy Nexus handset co-developed by Samsung and Google. Samsung immediately filed a formal opposition and Judge Koh said that she would not deal with the S III argument today and will instead focus on the Nexus. It is unclear when the judge will decide to hear Apple's request to to enjoin the Galaxy S III, but it appears unlikely to happen before the June 21 launch date.

Galaxy S III
Samsung's Galaxy S III. | Source: Samsung


Thursday's hearing is still underway and further findings will be reported as they develop.
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Comments

  • Reply 1 of 23
    tallest skiltallest skil Posts: 43,388member


    Now, everyone, remember that restraining orders do NOT work at all as they are shown in cartoons, TV, and movies.


     


    There's no "you have to be 50 feet away" nonsense going on in real life.


     


    Just to be clear. image


     


    We now return you to your regularly scheduled bickering about whether or not it's infringing.

  • Reply 2 of 23
    tylerk36tylerk36 Posts: 1,037member


    Today Apple told Samsing that they would eat Kimchi and petrified Egg's if samsung would eat Apples.  It was said that the Korean companies Senior VP blurted out Imishimi Peck pogida.  When translated $%#@ %$@ ^#^$!! #!!$@#@ pu$$#.

  • Reply 3 of 23
    solipsismxsolipsismx Posts: 19,566member
    1) It's doubtful it would work, but I guess it doesn't hurt to try. It surely didn't hurt Samsung to blatantly copy Apple.

    2) What issues does Apple have with the Galaxy III? From what I've seen it's aesthetically very unique from any Apple product.
  • Reply 4 of 23

    Quote:

    Originally Posted by SolipsismX View Post



    1) It's doubtful it would work, but I guess it doesn't hurt to try. It surely didn't hurt Samsung to blatantly copy Apple.

    2) What issues does Apple have with the Galaxy III? From what I've seen it's aesthetically very unique from any Apple product.


    I believe it has something to do with the home button, but most of it is because of S-voice, is an "exact copy" of Siri.

  • Reply 5 of 23

    Quote:

    Originally Posted by SolipsismX View Post



    1) It's doubtful it would work, but I guess it doesn't hurt to try. It surely didn't hurt Samsung to blatantly copy Apple.

    2) What issues does Apple have with the Galaxy III? From what I've seen it's aesthetically very unique from any Apple product.


    I believe it has something to do with the home button, but most of it is because of S-voice, is an "exact copy" of Siri.

  • Reply 6 of 23
    solipsismxsolipsismx Posts: 19,566member
    andre pato wrote: »
    I believe it has something to do with the home button, but most of it is because of S-voice, is an "exact copy" of Siri.

    Thanks. I don't see how that Home Button is anything like Apple has but the UI for S-Voice — Samsung's Integrated Response Interface, or S.I.R.I for short was too on the nose — is remarkably similar to Siri.
  • Reply 7 of 23
    inkswampinkswamp Posts: 337member


    A restraining order, huh? Did Samsung touch Apple inappropriately? 

  • Reply 8 of 23
    quadra 610quadra 610 Posts: 6,757member


    *sweetie . . . can you point to where Samsung copied you?"

  • Reply 9 of 23
    hmmhmm Posts: 3,405member

    Quote:

    Originally Posted by SolipsismX View Post



    1) It's doubtful it would work, but I guess it doesn't hurt to try. It surely didn't hurt Samsung to blatantly copy Apple.

    2) What issues does Apple have with the Galaxy III? From what I've seen it's aesthetically very unique from any Apple product.


    They said it contains the same software patent violations as the last one. It's mentioned in another article. I have a feeling that they're just automatically preparing paperwork at this point for any major smartphone release from Samsung, not that I really care. 


    Quote:

    Originally Posted by SolipsismX View Post





    Thanks. I don't see how that Home Button is anything like Apple has but the UI for S-Voice — Samsung's Integrated Response Interface, or S.I.R.I for short was too on the nose — is remarkably similar to Siri.


    I know they either had or started on something similar prior to the 4S. I haven't compared.

  • Reply 10 of 23
    drdoppiodrdoppio Posts: 1,132member

    Quote:

    Originally Posted by hmm View Post


    They said it contains the same software patent violations as the last one. It's mentioned in another article. I have a feeling that they're just automatically preparing paperwork at this point for any major smartphone release from Samsung, not that I really care. 


    I know they either had or started on something similar prior to the 4S. I haven't compared.



    image

  • Reply 11 of 23
    cnocbuicnocbui Posts: 3,613member

    Quote:

    Originally Posted by SolipsismX View Post



    2) What issues does Apple have with the Galaxy III? From what I've seen it's aesthetically very unique from any Apple product.


     


    It is a worth competitor.  Apple doesn't like that.

  • Reply 12 of 23
    tallest skiltallest skil Posts: 43,388member

    Quote:

    Originally Posted by cnocbui View Post

    It is a worth competitor.


     


    In what WAY?

  • Reply 13 of 23
    sleepy3sleepy3 Posts: 244member


    And we go further towards patent armageddon. 


     


    Who has the patent on 16:9 TV's? Just curious. It seems you can patent anything these days. 

  • Reply 14 of 23
    sleepy3sleepy3 Posts: 244member

    Quote:

    Originally Posted by Tallest Skil View Post


     


    In what WAY?



    In a way that its previous model took away 20 million potential iphone sales. In a way that all of those cheap phones that Samsung sell in addition to it could potentially be 3GS's. Cook already said that he views the budget sector seriously and the 3GS is their product for that segment. 


     


    Now if you are able to get the courts to ban all Samsung products, customers will be forced to buy yours instead. 


     


    Its business. Good or bad doesn't matter. Business has no ethics. Anyone says different is a liar. 

  • Reply 15 of 23
    jragostajragosta Posts: 10,473member
    sleepy3 wrote: »
    In a way that its previous model took away 20 million potential iphone sales. In a way that all of those cheap phones that Samsung sell in addition to it could potentially be 3GS's. Cook already said that he views the budget sector seriously and the 3GS is their product for that segment. 

    Now if you are able to get the courts to ban all Samsung products, customers will be forced to buy yours instead. 

    Its business. Good or bad doesn't matter. Business has no ethics. Anyone says different is a liar. 

    You're absolutely wrong on many counts.

    First, many businesses DO have ethics. In fact, I would argue that most businesses have some type of ethical system. Even if you don't buy it and even if they place money very high on their list of priorities, there is some ethical system in place.

    Second, your allegations that Apple can't stand fair competition is absurd. Is Apple suing HP or Toshiba or anyone else in the desktop arena? Nope. The people they're suing are being accused of stealing Apple's design and technology - which is the exact opposite of fair competition. In fact, at the last quarterly earnings conference call, Cook specifically stated that Apple WANTED its competitors to innovate. Just not to steal.
  • Reply 16 of 23
    hmmhmm Posts: 3,405member

    Quote:

    Originally Posted by DrDoppio View Post


     



    They had something similar before. I guess it's just going to come down to another patent case. That video is filled with music, so I don't know if it's the same vocal feedback as you'd have with siri.

  • Reply 17 of 23
    relicrelic Posts: 4,735member
    This has got to be dumbest one I heard of yet, Apple must think since they had some mild success with HTC's One that they can do it again. Nothing, will come of this. The Nexus is a completely different line of phones then the SGS series and when the new Nexus is released in November/December like it has been for the last three years I hope there is an apology for this debacle. Google designs the UI for the Nexus not Samsung, that's why it is a Nexus, a pure Android experience without those shells. What a complete long shot at best, god Apple and Samsung are such children.
  • Reply 18 of 23
    gatorguygatorguy Posts: 24,176member


    The never lost for words Florian Mueller had this to say in an interview a couple days back:


     


    “There’s no question that Samsung will pay back in kind, and the iPhone 5 will definitely be a priority target” with Samsung filing a US lawsuit to block iPhone5(?) sales as soon as the handset is announced.


     


    He went on to write in his emailed interview:


    “Samsung’s product innovation cycles are way faster than the U.S. legal system. Apple filed for an injunction against the Nexus phone in February but by now the Galaxy SIII looks like a much hotter product. Apple is well aware of the incredibly high levels of pre-launch orders (9 million) around the globe and mentions those numbers in its filing,”


     


    “I believe Apple wants a license deal under which Samsung pays for the use of a first group of patents, promises to use a second group of patents only in restricted ways and doesn’t make any use of a third group of patents Apple wants to keep exclusively in order to ensure the uniqueness of its products"


     


    http://www.koreatimes.co.kr/www/news/biz/2012/06/123_112682.html


     


     


    In related Australian Apple lawsuits vs Sammy, Samsung is showing they won't mind getting down in the dirt with them. Apple apparently erred in the timing of some standard patent filings (the Aussies have a unique "innovation patent" that Apple already had in hand for the same innovation), neglecting to turn in the first set of patents before the second set was granted, a mistake that the patent office also mistakenly allowed. Samsung claims that makes those four patents, which Apple is using against their tablet products, invalid and thus not infringed.

  • Reply 19 of 23
    e_veritase_veritas Posts: 248member

    Quote:

    Originally Posted by jragosta View Post





    You're absolutely wrong on many counts.

    First, many businesses DO have ethics. In fact, I would argue that most businesses have some type of ethical system. Even if you don't buy it and even if they place money very high on their list of priorities, there is some ethical system in place.

    Second, your allegations that Apple can't stand fair competition is absurd. Is Apple suing HP or Toshiba or anyone else in the desktop arena? Nope. The people they're suing are being accused of stealing Apple's design and technology - which is the exact opposite of fair competition. In fact, at the last quarterly earnings conference call, Cook specifically stated that Apple WANTED its competitors to innovate. Just not to steal.


     


    In regards to the desktop arena, is your memory really that short that you forgot the GINORMOUS Apple vs Microsoft case? Considering they lost that case and over 70% of Apple's revenue comes from iOS, it makes no sense to challenge that losing desktop battle again.


     


    In regards to the current mobile lawsuits, virtually none of the cases are being ruled in Apple's favor with the exception of a few minor victories. Considering that massive numbers of allegations are being filed with little results, the situation could certainly be perceived as Apple simply abusing the system in an attempt to slow down the competition. If companies are indeed stealing Apple's designs and technology, as you claim, why are these allegations not being substantiated in the courts???

  • Reply 20 of 23
    sensisensi Posts: 346member


    Pitiful.

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