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Judge denies Samsung attempt to squash Italian iPhone 4S launch

post #1 of 40
Thread Starter 
A judge on Wednesday denied Samsungs request for an injunction on Apple's new iPhone 4S sales in Italy ahead of this Friday's local launch.

The Milan court, however, will honor requests from both Apple and Samsung to submit further information. A follow-up hearing in the case is scheduled for December 16 to review the new documents, according to Agenzia Giornalistica Italia.

Apple will launch the iPhone 4S in Italy on Friday as part of the its international expansion, which will also include 21 additional countries.

A day after Apple launched the new iPhone, Samsung filed injunctions in Italy and France trying to block sales in those countries, alleging Apple is violating certain patents held by the South Korean electronics giant. Each injunction cites two patents related to 3G communication standards, specifically Wideband Code Division Multiple Access, or WCDMA.

The infringed technology is essential to the reliable functioning of telecom networks and devices and Samsung believes that Apples violation as being too severe and that the iPhone 4S should be barred from sales, Samsung explained in a post on the companys blog at the time.

Meanwhile, a French court last week postponed a similar decision on the iPhone 4S ban request in the region and scheduled a new hearing for November 15. Sales of the Apple handset in France launched earlier this month alongside the US, Australia, Canada, Germany, Japan and the UK.

Samsung has also filed injunctions to bar iPhone 4S sales in Australia and Japan.

The South Korean Android device maker is targeting Apples latest handset in an attempt to even the odds in a complex legal conflict between the two mobile device makers.

Apple first sued Samsung in April, alleging its iconic iPhone and iPad designs were copied by Galaxy smartphones and tablets, with Samsung firing back quickly with its own patent infringement claims. The conflict escalated and now the two companies are engaged in over 20 lawsuits in 10 countries across four continents.

However, Apple has been scoring victories in some of the existing patent cases. The company convinced courts in Germany and Australia to issue injunctions against Galaxy Tab 10.1 sales, while a Dutch judge barred sales of three flagship Samsung handsets in the region, the Galaxy S II, the Galaxy S and the Galaxy Ace.



Apple also scored a decisive victory in the Netherlands where a Hague court dismissed a Samsung injunction case against Apple based on alleged 3G patent violations.

The judge ruled that those Samsung 3G patents are open to license under the definition of fair, reasonable and non-discriminatory, or FRAND, patent use. This particular ruling may affect similar international cases in which Samsung claims Apple is violating 3G-related intellectual property, including the ones in Italy and France.
post #2 of 40
Samsung is getting aced.
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post #3 of 40
Samsung really wish there was a FRAND for touch UI and designs.
post #4 of 40
poor ole samsung, if you weren't such a scummy company I would shed a tear.
post #5 of 40
Quote:
Originally Posted by monstrosity View Post

poor ole samsung, if you weren't such a scummy company I would shed a tear.

Samesung, just give up. You are looking pathetic.
post #6 of 40
Did anyone really think Samsung could win this? I don't even see how Samsung could think it could win.
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post #7 of 40
Samsung is so un-cool.
post #8 of 40
Wait till the Siri driven Apple TV debuts, Samsung is going to go ape!
post #9 of 40
Apple should pay standard FRAND royalalities just like Microsoft, or Nokia would pay....

Samsung doesn't want to settle because all their defenses will lapse.... meanwhile Apple benefits by earning interest on the money you can sure is set aside for a settlement....

Samsung in the meantime is losing millions in sales in places that Apple has won injunctions.... sooner or later Samsung will figure the time cost of money and get on with life....

Can you just imagine how much this is going to cost in hard dollars for Samsung to settle this confrontation? We're taking 100's of millions of dollars folks....

There will also be a disgorgement of profits and damages on top of that... not a pretty picture if Samsung loses to Apple....
post #10 of 40
Quote:
Originally Posted by King of Beige View Post

Wait till the Siri driven Apple TV debuts, Samsung is going to go ape!

Samsung exec was in Tim Cook's office the day before Steve died. These guys seem to function in a highly compartmentalized manner. They can be going at it hammer & tongs over the iOS in the courtroom, while at the same time collaborating on a future Apple TV. Yes, there are feelings involved, but they don't seem to let that get in the way of the big picture. Wonder if Steve's departure will make Apple any less prickly when it comes to inter-corporational dynamics. He tended to take things more personally than other execs.
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post #11 of 40
Quote:
Originally Posted by Robin Huber View Post

Samsung exec was in Tim Cook's office the day before Steve died. These guys seem to function in a highly compartmentalized manner. They can be going at it hammer & tongs over the iOS in the courtroom, while at the same time collaborating on a future Apple TV. Yes, there are feelings involved, but they don't seem to let that get in the way of the big picture. Wonder if Steve's departure will make Apple any less prickly when it comes to inter-corporational dynamics. He tended to take things more personally than other execs.

I'd say that it was Steve Job's taking thing personally and not putting up with the standard bs of modern business practice that set Apple apart. He had a very moral repulsion for betrayal. And that was a good thing.
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post #12 of 40
The Italian judge noted that the main reason for his ruling was that he looked forward to asking Siri questions about pizza and spaghetti
post #13 of 40
Quote:
Originally Posted by LongwoodBob View Post

Apple should pay standard FRAND royalalities just like Microsoft, or Nokia would pay....

Samsung doesn't want to settle because all their defenses will lapse.... meanwhile Apple benefits by earning interest on the money you can sure is set aside for a settlement....

Samsung in the meantime is losing millions in sales in places that Apple has won injunctions.... sooner or later Samsung will figure the time cost of money and get on with life....

Can you just imagine how much this is going to cost in hard dollars for Samsung to settle this confrontation? We're taking 100's of millions of dollars folks....

There will also be a disgorgement of profits and damages on top of that... not a pretty picture if Samsung loses to Apple....

...and if Qualcomm has already paid the licensing fee in the chips Apple are using?

Why don't you go look up "patent exhaustion", pay particular attention to double dipping.
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post #14 of 40
There is zero chance Apple goes with Samsung on TV. Sharp makes its own panels, which are better. I see Apple going to Sharp. Rumor is Apple is helping Sharp open shop in China.

Quote:
Originally Posted by Robin Huber View Post

Samsung exec was in Tim Cook's office the day before Steve died. These guys seem to function in a highly compartmentalized manner. They can be going at it hammer & tongs over the iOS in the courtroom, while at the same time collaborating on a future Apple TV. Yes, there are feelings involved, but they don't seem to let that get in the way of the big picture. Wonder if Steve's departure will make Apple any less prickly when it comes to inter-corporational dynamics. He tended to take things more personally than other execs.
post #15 of 40
Quote:
Originally Posted by hmurchison View Post

Samsung is getting aced.

... meanwhile Apple benefits by earning interest on the money you can sure is set aside for a settlement....[/QUOTE]

I believe Apple reported earning .73% interest on its cashstash in fiscal 2011. Hardly a motivation to not pay. And a powerful motivation to put that money to work.

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post #16 of 40
Quote:
Originally Posted by LongwoodBob View Post

Apple should pay standard FRAND royalalities just like Microsoft, or Nokia would pay....

Samsung doesn't want to settle because all their defenses will lapse.... meanwhile Apple benefits by earning interest on the money you can sure is set aside for a settlement....

Samsung in the meantime is losing millions in sales in places that Apple has won injunctions.... sooner or later Samsung will figure the time cost of money and get on with life....

Can you just imagine how much this is going to cost in hard dollars for Samsung to settle this confrontation? We're taking 100's of millions of dollars folks....

There will also be a disgorgement of profits and damages on top of that... not a pretty picture if Samsung loses to Apple....

Yep, FRAN licensing payment would still amount to a substantial sum though.

Samsung Galaxy 10.1 is a good tablet, but it's only a miniscule fraction of their annual sales, so I'm not sure why they are dwelling on this lawsuit so much. I think they should focus on Bada, Samsung's mobile OS, instead of Android.

Samsung is one of the largest consumer electronics companies in the world (bigger than Sony, Hitachi, Toshiba) and a major component supplier that Apple can't live without.
post #17 of 40
Quote:
Originally Posted by hill60 View Post

...and if Qualcomm has already paid the licensing fee in the chips Apple are using?

Why don't you go look up "patent exhaustion", pay particular attention to double dipping.

Well, according to FOSS

".. The exhaustion defense may be very solid. It depends on what's in the agreement between Samsung and Qualcomm. But Qualcomm doesn't have a track record of favoring patent exhaustion. It certainly values Apple as a customer, but Qualcomm is very much in favor of "double dipping" by patent holders.."
post #18 of 40
Quote:
Originally Posted by hankx32 View Post

The Italian judge noted that the main reason for his ruling was that he looked forward to asking Siri questions about pizza and spaghetti

You are from New Jersey but you clearly are not Italian. An Italian, male or female, would only address questions about pizza and macaroni to their mother or grandmother, not an artificial computerized assistant designed in California.

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post #19 of 40
Quote:
Originally Posted by LongwoodBob View Post

Apple should pay standard FRAND royalalities just like Microsoft, or Nokia would pay....

Samsung doesn't want to settle because all their defenses will lapse.... meanwhile Apple benefits by earning interest on the money you can sure is set aside for a settlement....

Samsung in the meantime is losing millions in sales in places that Apple has won injunctions.... sooner or later Samsung will figure the time cost of money and get on with life....

Can you just imagine how much this is going to cost in hard dollars for Samsung to settle this confrontation? We're taking 100's of millions of dollars folks....

There will also be a disgorgement of profits and damages on top of that... not a pretty picture if Samsung loses to Apple....

They already pay those royalties, through their contractual agreements with Qualcomm who has a Carte Blanche license for it's chipsets.
post #20 of 40
Quote:
Originally Posted by mstone View Post

You are from New Jersey but you clearly are not Italian. An Italian, male or female, would only address questions about pizza and macaroni to their mother or grandmother, not an artificial computerized assistant designed in California.

Exactly! And their idea of pizza is a very thin product, not a pie nor a heavy crust that puts a spare tire around the middle as a side-effect.
post #21 of 40
Getting the latest iDevice in your country is good for your local economy. Economies all over the world are hurting... could you imagine a judge in his own country ruling against Apple under these circumstances? Especially european nations, they need the most robust economies they can get.
post #22 of 40
Another loss for Old Sammy.
Time to give up the fight Samsung.
post #23 of 40
Quote:
Originally Posted by King of Beige View Post

Wait till the Siri driven Apple TV debuts, Samsung is going to go ape!

especially since they will provide the LCD panels..
post #24 of 40
Quote:
Originally Posted by tooltalk View Post

... Samsung is one of the largest consumer electronics companies in the world (bigger than Sony, Hitachi, Toshiba) and a major component supplier that Apple can't live without.

...and Samsung is Korean, a country closely allied to the United States. Important I believe.

Best.
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post #25 of 40
Samstung

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post #26 of 40
some of my techy friends know pros and cons of iphones vs samsung galaxy phones. They make an intelligent choice depended on what works for them. All these comments embarass me that apple supporters and fans mostly are ignorant and are choosing i-products due to the steve jobs effect rather. Samsung is 53rd largest firm with its electronics department alone in the world. Apple is only ranking 75.

The countries apple targeted samsung first are the ones where samsung galaxy s 2 was topping sales - ie Germany to start off with. Samsung phones are besst in quality. Only downside is google's android OS.

SIRI - FYI ppl - was the work of a startup which sold it to Apple. NOT a creation of apple.
post #27 of 40
Quote:
Originally Posted by shompa View Post

especially since they will provide the LCD panels..

And apple will have to get their screens from Samsung, just like how they are now for their iphones.
post #28 of 40
Quote:
Originally Posted by cocofashionlv View Post

some of my techy friends know pros and cons of iphones vs samsung galaxy phones. They make an intelligent choice depended on what works for them. All these comments embarass me that apple supporters and fans mostly are ignorant and are choosing i-products due to the steve jobs effect rather. Samsung is 53rd largest firm with its electronics department alone in the world. Apple is only ranking 75.

The countries apple targeted samsung first are the ones where samsung galaxy s 2 was topping sales - ie Germany to start off with. Samsung phones are besst in quality. Only downside is google's android OS.

SIRI - FYI ppl - was the work of a startup which sold it to Apple. NOT a creation of apple.

Thanks for taking the time to inform all us "dumbasses".
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post #29 of 40
Quote:
Originally Posted by cocofashionlv View Post

some of my techy friends know pros and cons of iphones vs samsung galaxy phones. They make an intelligent choice depended on what works for them. All these comments embarass me that apple supporters and fans mostly are ignorant and are choosing i-products due to the steve jobs effect rather. Samsung is 53rd largest firm with its electronics department alone in the world. Apple is only ranking 75.

The countries apple targeted samsung first are the ones where samsung galaxy s 2 was topping sales - ie Germany to start off with. Samsung phones are besst in quality. Only downside is google's android OS.

SIRI - FYI ppl - was the work of a startup which sold it to Apple. NOT a creation of apple. Dumbasses

First - the start-up did sell Siri to Apple, though whole start-up became a part off Apple. The had an app first on the iPhone like Dragon Go. After buying the company that produced the Siri app, it most certainly was developed by Apple into what everyone knows it as now. As much as I liked the original Siri app, it only was about 1/10th of what it is know.

Second - Size of a company is relative to the metrics used for measurement. Does Samsung make more products? Probably. Does Apple make more profit? Probably. Apple definitely is larger by Market Cap. Microsoft has a unfathomable user base, but they almost fell completely out of the phone game. Size is relative and its value is totally variable.

Third - Would you expect Apple to target Samsung in a country where the people are already not purchasing it? Of course they are going to suit where Samsung will feel it, otherwise nobody would bother.
post #30 of 40
Quote:
Originally Posted by cocofashionlv View Post

And apple will have to get their screens from Samsung, just like how they are now for their iphones.

i am not picking on you, but Apple gets screens for different devices from different suppliers, and sometimes uses multiple suppliers for a single device.
They don't have to get their screens from Samsung, anymore than they have to get their next graphics cards from AMD (the current supplier(not counting Intel 3000s)).

They are constantly playing the field to keep suppliers competing for the volume that Apple moves.
post #31 of 40
Quote:
Originally Posted by mstone View Post

You are from New Jersey but you clearly are not Italian. An Italian, male or female, would only address questions about pizza and macaroni to their mother or grandmother, not an artificial computerized assistant designed in California.

Your right, no good pizza has ever come out of California.
post #32 of 40
Quote:
Originally Posted by cocofashionlv View Post

SIRI - FYI ppl - was the work of a startup which sold it to Apple. NOT a creation of apple.

OSX, and therefor iOS, originally came from a startup that was sold to Apple. That startup was named "NeXT."

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post #33 of 40
Quote:
Originally Posted by hankx32 View Post

Your right, no good pizza has ever come out of California.

You have not experienced my pizza - hand made, wood fired, in a traditional oven that I built myself in my back yard, right here in California, but I was taught by an Italian American from Connecticut, so yeah I generally agree with you, except California Pizza Kitchen does make some interesting recipes but they are definitely not Italian.

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post #34 of 40
Quote:
Originally Posted by cocofashionlv View Post

some of my techy friends know pros and cons of iphones vs samsung galaxy phones. They make an intelligent choice depended on what works for them. All these comments embarass me that apple supporters and fans mostly are ignorant and are choosing i-products due to the steve jobs effect rather. Samsung is 53rd largest firm with its electronics department alone in the world. Apple is only ranking 75.

The countries apple targeted samsung first are the ones where samsung galaxy s 2 was topping sales - ie Germany to start off with. Samsung phones are besst in quality. Only downside is google's android OS.

SIRI - FYI ppl - was the work of a startup which sold it to Apple. NOT a creation of apple.

With a name like cocofashionlv (I'm guessing you're a Chanel/Louis Vuitton whore), you're embarrassing us here. Go away troll.
post #35 of 40
Quote:
some of my techy friends know pros and cons of iphones vs samsung galaxy phones. They make an intelligent choice depended on what works for them. All these comments embarass me that apple supporters and fans mostly are ignorant and are choosing i-products due to the steve jobs effect rather. Samsung is 53rd largest firm with its electronics department alone in the world. Apple is only ranking 75.

Does the fact that I support Apple make me a mindless fan? As I see it, it doesn't. I support the right of people to protect the fruits of their hard work. If Apple were found to be in violation of someone else's patents, I would be the first to support them against Apple. They should go after Apple to the fullest extent possible under the law.

Quote:
The countries apple targeted samsung first are the ones where samsung galaxy s 2 was topping sales - ie Germany to start off with. Samsung phones are besst in quality. Only downside is google's android OS.

Apple believed that certain Samsung products copied the look and feel of their products. Apple duly sought redress in court. What is wrong with that?


Quote:
SIRI - FYI ppl - was the work of a startup which sold it to Apple. NOT a creation of apple.

What's your point? No one is saying Apple invented Siri. The name itself is a dead giveaway. If Apple had created it themselves, they wouldn't have called it Siri. But what's your point?
post #36 of 40
Couldn't have happened to a more deserving company.

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post #37 of 40
Quote:
Originally Posted by cocofashionlv View Post

And apple will have to get their screens from Samsung, just like how they are now for their iphones.

When Apple steals their screens from Samsung you might have a point. Until then
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post #38 of 40
A theft screaming over loss.
post #39 of 40
SAMSXXXX OS uses Android, Out-look uses Apple

WHat the hell are they supposed to do? A cat????
post #40 of 40
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