Apple's latest patent suit against Samsung seen as its strongest case yet

Posted:
in iPhone edited January 2014


The newest patent infringement suit filed against Samsung last week represents Apple's strongest case yet against the rival smartphone maker, according to a new analysis.



Analyst Mike Abramksy with RBC Capital Markets said in a note to investors Monday that although Apple's previous lawsuits against Samsung have failed to gain an injunction against the Korean company's products, Apple is not backing down. The latest lawsuit, filed in California last week, is based on what he sees as "much stronger patents" than previous lawsuits.



"The smartphone patent war is now at its highest intensity," Abramsky said. "While Apple's litigation to date has failed to produce any significant wins, Apple is now bringing its strongest patents into the war."



Specifically, the complaint seeks an injunction against sales of the Samsung Galaxy Nexus Smartphone, which is Google's Android 4.0 "Ice Cream Sandwich" flagship device. Named in Apple's latest complaint are four patents:



U.S. Patent No. 5,946,647, related to a link for structures and validated in Apple's U.S. International Trade Commission case against HTC.



U.S. Patent No. 8,074,172, which pertains to predictive text.



U.S. Patent No. 8,046,721, a patented invention for the "slide to unlock" function found on iOS devices.



U.S. Patent No. 8,086,604, related to Siri voice commands and unified search.




In addition, Abramsky said that Apple's latest case has strengthened the company's argument on why it would be irreparably harmed in the absence of a preliminary injunction.



In his eyes, if Apple wins a preliminary injunction against the Galaxy Nexus and sales of it are barred in the U.S., Samsung would likely appeal and may end up removing infringing features from its handset, like unified search, slide to unlock and predictive text. Removing those features "would materially diminish the Nexus' experience vs. iPhone," he wrote.











In addition, if Apple were to win the case against Samsung, Abramsky believes it could raise the stakes for other smartphone makers with handsets that run Android 4.0 if the infringing features are part of Google's build of the operating system.



If Apple loses the latest effort for an injunction against Samsung, the lawsuit will proceed to a full trial, which could take between two and three years to start. Regardless, Abramsky believes that Apple will "continue its barrage of patent litigation," and may use feedback from the court to file even stronger motions for preliminary injunctions against Android devices in the future.



Apple's legal assault against Samsung and other Android-based device makers began last April, when Apple fired its first lawsuit against Samsung, accusing the company of copying the look and feel of the iPhone and iPad. Lawsuits between the two corporations now span over 10 countries across four continents.



[ View article on AppleInsider ]

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Comments

  • solipsismxsolipsismx Posts: 19,566member
    Apple needs to innovate not litigate.

    Apple is afraid of any real competition.

    Apple can't compete on a level playing field.

    Apple must be scared that Android is winning.





    Did I miss any of the typical lame talking points?
  • jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by SolipsismX View Post


    Apple needs to innovate not litigate.

    Apple is afraid of any real competition.

    Apple can't compete on a level playing field.

    Apple must be scared that Android is winning.





    Did I miss any of the typical lame talking points?



    Yep.



    Apple will be out of the cell phone business by the end of the year, so it's a moot point, anyway.

    Apple copied everything from Android, so how dare they sue?

    Patents shouldn't be allowed. They interfere with competition.
  • jungmarkjungmark Posts: 6,233member
    Quote:
    Originally Posted by jragosta View Post


    Yep.



    Apple will be out of the cell phone business by the end of the year, so it's a moot point, anyway.

    Apple copied everything from Android, so how dare they sue?

    Patents shouldn't be allowed. They interfere with competition.



    Don't forget

    Apple fanboys are too stupid to know Android is better.
  • tallest skiltallest skil Posts: 40,865member
    When every argument made by anti-Apple people can be distilled from twenty page threads down to three posts, you know something's wrong with the other side.
  • gordygordy Posts: 934member
    We keep hearing that these Apple patents are so solid, yet none have gained any traction in the USA. The Verge did a big writeup on the first barrage of patents, and I thought this would all be over by now, but, I'm starting to think that all of this is just for PR purposes. Whatever.



    I used a friend's Motorola (?) Cruze the other day, and it was unusable. If that's any indication of Android tablets, people who use them have very low expectations.
  • ewtheckmanewtheckman Posts: 300member
    Talk about your "full court press"!



    I get the feeling this isn't going to end until one of the two companies is dead.
  • nagrommenagromme Posts: 2,834member
    Quote:
    Originally Posted by gordy View Post


    I used a friend's Motorola (?) Cruze the other day, and it was unusable. If that's any indication of Android tablets, people who use them have very low expectations.



    The thing is, Apple really changed the world with iOS. An iOS-knockoff (which Android undoubtedly is) is still just plain awesome compared to anything that existed pre-iPhone and pre-iPad.



    So people who don’t realize that something so much better exists are just like people pre-iPhone: I know would have taken any Android device back then and loved it!



    So I think that?s the reason for the low expectations. Plus general anti-Apple sentiment that I can’t even begin to explain. Yes, they priced way too high in the 90s, but do people still hold that grudge? Even back then, they made good products.
  • tallest skiltallest skil Posts: 40,865member
    Oh, and in every single thread about this stuff, these two images remain relevant.











    You see how different and interesting phones and tablets were before the iPhone and iPad, respectively?



    THEY WERE ALL INNOVATING BACK THEN. ALL OF THEM. As much as all of those devices sucked, that was the golden age of innovation.



    Now ONE company is. ONE. And people still whine that Apple should "focus on innovating instead of suing".
  • tcaseytcasey Posts: 199member
    Quote:
    Originally Posted by solipsismx View Post


    apple needs to innovate not litigate.:: So does android..like microsoft just did.

    apple is afraid of any real competition.::: It's the no1 valued co. The in the world.

    apple can't compete on a level playing field.::: Sorry there smart.

    apple must be scared that android is winning.::: Its owns 80 percent of the smartphone market for profits...please take that statement back unless u think they need 100 percent to be winning..





    Did i miss any of the typical lame talking points?



    you missed nothing...thank you.
  • thataveragejoethataveragejoe Posts: 830member
    Getting an injunction of any kind in the United States is pretty hard, and winning a preliminary one is much harder than that.



    This case may move forward, but I doubt an injunction is coming anytime soon.
  • shidellshidell Posts: 187member
    The comical part of this forum is that if the reverse was in gear, and Google (or any of Android's manufacturers) were suing Apple, you would all cry foul.



    In fact, when those manufacturers do press litigation back at Apple, you all cry foul.



    To change direction, I would personally like to see a paradigm change in the industry, where when someone purchases a phone, they are free to install whatever OS on it they choose, just like one can elect to do with a computer. You shouldn't be locked in to iOS, WP7, Android, or anything else.



    And I also personally think it's a travesty that by being "locked" to an OS by carrier and manufacturer, one is practically forced to upgrade hardware in order to upgrade software. I have a 2 year old Android phone running the latest version of Android, and it works wonderfully.



    Throwing away hardware annually for no reason makes no sense economically and only generates additional (unnecessary) waste, and that's why I support Android--and want to see it's environment opened further, so that phones can be promoted to longer lifespans with the ability to have the latest software.



    Apple, although they do a respectable job in updating their own software, forces Apple consumers to upgrade as a consequence of buying their products. This is evident in the additional support jailbreaking brings to iDevices.
  • anoldaplguyanoldaplguy Posts: 28member
    As our great moderator states, Troll comments summed up in a few short wafts of halitosis infused effluence, AKA Troll Post.... I read often but post in a most circumscribed manner, and while it is interesting to read the real threads, I find it most amusing that there are some in attendance for such puerile banality, that it leads one to believe they are in a most dire and severe need of coitus!



    OH, and maybe re-locate from living in their mommy's basement!
  • braden99braden99 Posts: 45member
    Quote:
    Originally Posted by Tallest Skil View Post


    Oh, and in every single thread about this stuff, these two images remain relevant.



    I just want to point out those images have likely been purposefully crafted to show Apple in the best light. Just check out this image, which gives another true selection of tablets, before and after iPad.



  • tallest skiltallest skil Posts: 40,865member
    Quote:
    Originally Posted by Shidell View Post


    The comical part of this forum is that if the reverse was in gear, and Google (or any of Android's manufacturers) were suing Apple, you would all cry foul.



    In fact, when those manufacturers do press litigation back at Apple, you all cry foul.



    Oh, we missed one. "Apple suing is wrong, everyone else suing Apple is right."



    Quote:

    To change direction, I would personally like to see a paradigm change in the industry, where when someone purchases a phone, they are free to install whatever OS on it they choose,



    No, the software makers need to be in charge, not the hardware makers. Apple dictates the buttons on iDevices. Google dictates the buttons on Android devices. Microsoft dictates the buttons on Windows Phone 7 devices.



    The reverse wouldn't work.



    Quote:

    You shouldn't be locked in to iOS, WP7, Android, or anything else.



    You're not. Buy whatever phone you wish.



    Quote:

    And I also personally think it's a travesty that by being "locked" to an OS by carrier and manufacturer, one is practically forced to upgrade hardware in order to upgrade software.



    Or you can just buy an iDevice and get software updates for three years.



    Quote:

    I have a 2 year old Android phone running the latest version of Android, and it works wonderfully.



    So you've just disproven your own point…?



    Quote:

    Throwing away hardware annually for no reason makes no sense economically and only generates additional (unnecessary) waste,



    Well, yeah. But that's not the prevailing opinion with iPhones, which is what you're implying…



    Quote:

    and that's why I support Android



    The… OS known for the fewest updates given to brand new phones… right…



    Quote:

    Apple, although they do a respectable job in updating their own software, forces Apple consumers to upgrade as a consequence of buying their products.



    THREE. YEARS. LATER. Apple forces NO ONE to do ANYTHING. You can buy a new iDevice or you can just update the software on your existing one. You're telling me that brand new Android phones don't have hardware and software features different from older ones? It's the exact same situation over there.



    Quote:

    This is evident in the additional support jailbreaking brings to iDevices.



    You mean "removal of all support", right?



    Quote:
    Originally Posted by Braden99 View Post


    I just want to point out those images have likely been purposefully crafted to show Apple in the best light. Just check out this image, which gives another true selection of tablets, before and after iPad.



    Before the iPad, I see full desktop Windows. After the iPad, I see grids of icons/images/etc.
  • just_mejust_me Posts: 591member
    Quote:
    Originally Posted by Shidell View Post


    The comical part of this forum is that if the reverse was in gear, and Google (or any of Android's manufacturers) were suing Apple, you would all cry foul.



    In fact, when those manufacturers do press litigation back at Apple, you all cry foul.



    To change direction, I would personally like to see a paradigm change in the industry, where when someone purchases a phone, they are free to install whatever OS on it they choose, just like one can elect to do with a computer. You shouldn't be locked in to iOS, WP7, Android, or anything else.



    And I also personally think it's a travesty that by being "locked" to an OS by carrier and manufacturer, one is practically forced to upgrade hardware in order to upgrade software. I have a 2 year old Android phone running the latest version of Android, and it works wonderfully.



    Throwing away hardware annually for no reason makes no sense economically and only generates additional (unnecessary) waste, and that's why I support Android--and want to see it's environment opened further, so that phones can be promoted to longer lifespans with the ability to have the latest software.



    Apple, although they do a respectable job in updating their own software, forces Apple consumers to upgrade as a consequence of buying their products. This is evident in the additional support jailbreaking brings to iDevices.



    Never going to happen.



    Licenses (Windows mobile)

    Locked OS (iOS)

    Fee OS (Android, Meego, WebOS)



    Support cost for manufactures would sore
  • technotechno Posts: 601member
    Quote:
    Originally Posted by SolipsismX View Post


    Apple needs to innovate not litigate.

    Apple is afraid of any real competition.

    Apple can't compete on a level playing field.

    Apple must be scared that Android is winning.





    Did I miss any of the typical lame talking points?



    Are you just trolling through?
  • jason98jason98 Posts: 712member
    I do not think Apple has a ground on the last three patents in the list.



    Quote:
    Originally Posted by AppleInsider View Post


    U.S. Patent No. 8,074,172, which pertains to predictive text.



    Apple's implementation of auto-correct is a joke and not even worth copying.



    Quote:
    Originally Posted by AppleInsider View Post


    U.S. Patent No. 8,046,721, a patented invention for the "slide to unlock" function found on iOS devices.



    Can be easily worked around.



    Quote:
    Originally Posted by AppleInsider View Post


    U.S. Patent No. 8,086,604, related to Siri voice commands and unified search.



    Must be a prior art.



    Where the heck the patents that truly define the iPhone experience?

    -Inertial scrolling

    -Capacitive touch screen

    -Multi-touch gestures like pinch-to-zoom, rotate

    -Screen transitions on a mobile device as way to work around display size limitations
  • dick applebaumdick applebaum Posts: 11,736moderator
    Quote:
    Originally Posted by jungmark View Post


    Don't forget

    Apple fanboys are too stupid to know Android is better.



    is doomed?
  • SpamSandwichSpamSandwich Posts: 25,382member
    Suddenly Mike Abramksy is a patent attorney? Whatever.
  • braden99braden99 Posts: 45member
    Quote:
    Originally Posted by Tallest Skil View Post


    Before the iPad, I see full desktop Windows. After the iPad, I see grids of icons/images/etc.



    Point taken, but please use the image I supplied in the multitude of forums you will post in the future, because I was comparing hardware in this regard. Obviosuly the absolute worse devices (the rugged models) were chosen to represent Windows slates - which allows for a bias interpretation.



    Also one tablet that really should be on this list, is the HP Slate, demostrated a week before iPad 1 release.

    http://www.engadget.com/2010/01/06/the-hp-slate/

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