Originally Posted by hjb
Right! Look at the Iphone 4S specs they are just like Samsung's. What a copycat Apple.
By your reasoning, only one company could own the "specs" to a class of devices. Unfortunately for you, "specs" are not IP.
It's as plain as it can be that this is a PR move by Samsung to create the appearance of Apple having dirty hands, to balance Samsung's current negative press. I'm sure Samsung's PR consultants have political experience, because this is a classic negative-campaigning move -- if you've done something wrong, make sure the public thinks the other guy is dirty too. In the end, the public hates both sides and stops paying attention to *any* of the negative information. Which is a big big win for the party that is really engaging in wrong-doing.
I am a lawyer, BTW (not an IP lawyer, though). I frequently get asked by clients "can I get sued for this?" The answer is that anyone can sue anybody for anything -- you can't stop someone from filing papers in a courthouse somewhere. That why it's utterly meaningless to send out a press release saying "we sued XYZ Corp for breach of whatever." It's slightly more serious than a Sternly Worded Letter, but it doesn't mean crap until a court gives them some actual relief.
The whole thing is a PR stunt from beginning to end, until we hear otherwise from a court of competent jurisdiction.
Would Samsung's lawyers willingly file a weak claim for an injunction in order to support a PR offensive? I'll bet Samsung pays its lawyers on the order of tens of millions dollars a month. And that revenue stream supports a whole set of inflexible overhead costs (rent, salaries, etc.) that cannot be easily reduced if Samsung fires the lawyers because it doesn't like the legal advice it gets. The complexity of IP law makes it impossible for anyone to conclude at first glance whether a claim is frivolous or not -- and when Samsung's weak hand is exposed they will just quietly withdraw the claim, having achieved their objective of providing some talking points against Apple in the meantime.
Samsung's lawyers face a choice -- file a really weak IP claim in Italian courts, or piss off the biggest and most profitable client they've ever had or are likely to have. At the absolute worst, they might get a slap on the wrist for filing a weak claim. Would you risk a slap on the wrist in exchange for monthly billables in the eight figure range? Yes, you would.
In my mind, the only relevant piece of information in this whole dispute is that a court of law enjoined Samsung from selling its product in two countries because it infringed on Apple's rights -- that's not spin, judges have looked at this and issued broad injunctions against Samsung. Until Samsung gets similar injunctions against Apple, it's all just smoke and mirrors on Samsung's part.
It is *shocking* to me just how much the Galaxy Tab looks and feels like an iPad. I'm a gadget guy, and at first glance they look nearly identical. The chance that an average consumer looking for an iPad would be confused by a Galaxy Tab is significant IMHO.
My take on this situation is this -- Samsung has decided that tablets are the future of consumer electronics, and that extreme measures are required to keep Apple from establishing unbreachable dominance in the segment. Their strategic commitment to this goal is impressive, they are willing to risk injunctions, bad press, and billions in supply contracts with Apple in order to carve out a sizable portion of the tablet market.
Samsung's bet is that the legal process is too slow to stop them - by the time a court gets around to it, their position in the marketplace will be a fait accompli. No judge can issue an order, two or three years after the fact, that can effectively stop them from doing what they are doing today.
That's one hell of a bet, IMHO. And they might well succeed.
But the idea that Samsung has to protect its little old self from those non-innovative IP thieves at Apple is possibly the most laughable thing I've ever read on the internet.
Short version: better pro-Samsung trolls, please.