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Apple seeks Samsung Galaxy S III injunction before US launch [u]

post #1 of 67
Thread Starter 
Apple filed a motion late Tuesday to block U.S. sales of Samsung's new Galaxy S III smartphone, claiming that the handset should be included as part of another ongoing preliminary injunction case against the Galaxy Nexus.

Update: Samsung filed a formal opposition to Apple's motion on Wednesday:

Adding a new product to this motion would significantly change the analysis of all four preliminary injunction factors. This should not be done on two days? notice, without due process, and with no factual record whatsoever.


The full filing can be found here.

In the formal request, Apple claims that the the Galaxy S III, set to hit U.S. shores on June 21, is a direct successor to the Samsung Galaxy Nexus and should thus be enjoined to the case already underway in California, reports FOSS Patents.

The motion was filed a little over one day before the Nexus case is scheduled to begin proceedings.

If the request is granted, the Nexus injunction suit could kill two birds with one stone and stop the sales of both the legacy Galaxy handset as well as the as yet unreleased in the U.S. Galaxy S III.

In researching the matter, Apple procured the new Galaxy S III which is on sale in the U.K. and "determined that this device clearly infringes at least two of the Apple patents at issue in the preliminary injunction motion for the exact same reasons as the Galaxy Nexus."

The iPhone maker goes on to say that "[a]ccording to press reports, Samsung has already sold over nine million pre- orders of the Galaxy S III; indeed, the Galaxy S III has been reported to be the most extensively pre- ordered piece of consumer electronics in history." Apple is likely referring to a report from the Korea Economic Daily that claimed a Samsung official said pre-orders for the handset had reached upward of 9 million units in an "off-the-record" statement.

At the moment, Apple is still investigating whether the Samsung device infringes on two other patents asserted in the original Nexus injunction motion, but since the S III is slated to hit shelves in two weeks "will limit its current request for preliminary relief against the Galaxy S III to the '604 [unified search, Siri] and '647 [data tapping] patents, because it is clear that infringement can be shown with respect to these patents based on the current record."



With combined Apple and Samsung smartphone sales expected to account for over half of the global market through 2013, each handset released is an important cog in the mobile revenue machine and any stoppage of sales would represent a critical blow to either company. Although the South Korean electronics giant has a number of Android-based models, an injunction against the flagship Galaxy S III would no doubt have a negative impact on the company's bottom line.

An injunction win would be a windfall for Apple as the appeals process could restrict the Galaxy S III's window of availability before an expected next-generation iPhone is released sometime this fall.

Tuesday's filing is the latest development in the companies' worldwide patent struggle that now spans over ten countries.
post #2 of 67

Good :) I hope they are successful with this.

post #3 of 67

Jobs' policy of thermonuclear war remains in effect

post #4 of 67

I hope Apple is ready for the backlash from the millions of people who want to buy this phone.

post #5 of 67
Quote:
Originally Posted by gwlaw99 View Post

I hope Apple is ready for the backlash from the millions of people who want to buy this phone.

 

 

Has there ever been a consumer backlash against Apple for any of these patent lawsuits? What makes you think one will happen this time?

post #6 of 67
Quote:
Originally Posted by gwlaw99 View Post

I hope Apple is ready for the backlash from the millions of people who want to buy this phone.

Bring it on! 

post #7 of 67
Quote:
Originally Posted by gwlaw99 View Post
I hope Apple is ready for the backlash from the millions of people who want to buy this phone.


What does Apple care about them? They weren't going to buy an iPhone, so how does it affect Apple?

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post #8 of 67
Quote:
Originally Posted by eksodos View Post

Good :) I hope they are successful with this.


You know how this will play in the tech media though - that Apple is trying to stifle competition and prevent a (in some eyes) superior phone from hitting the market.  Frankly I think it's a bit ridiculous.

post #9 of 67

God luck with that - will be as useful as the hTC ones - companies do silly things when they running scared. Sad to see it, but The iOS dumbing down of Apple continues.

post #10 of 67
Quote:
Originally Posted by agramonte View Post
…The iOS dumbing down of Apple continues.

 

Getting kind of tired of this. lol.gif

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post #11 of 67
Quote:
Originally Posted by Rogifan View Post


You know how this will play in the tech media though - that Apple is trying to stifle competition and prevent a (in some eyes) superior phone from hitting the market.  Frankly I think it's a bit ridiculous.

 

That's what is said every time. And they still have blowout quarters. It won't affect.

 

Quote:
Originally Posted by agramonte View Post

God luck with that - will be as useful as the hTC ones - companies do silly things when they running scared. Sad to see it, but The iOS dumbing down of Apple continues.

 

smh

You can't spell appeal without Apple.
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You can't spell appeal without Apple.
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post #12 of 67
Quote:
Originally Posted by Rogifan View Post


You know how this will play in the tech media though - that Apple is trying to stifle competition and prevent a (in some eyes) superior phone from hitting the market.  Frankly I think it's a bit ridiculous.

The average consumer will care about this just as much as they did in the past. 

 

To the tune of continued billions in profit for Apple. When Apple commands the amount and quality of consumer mindshare that they do, the only result will be sales and profit. 

 

Still waiting for the competition to change the game the way Apple did in 2001, June 2007, January 2010, and probably any number of other times that the rest of this turkey of an industry can't even fathom. 

 

I don't feel one bit sorry for any competitor's product getting held up. Any number of them, Samsung, HTC, Moto - any of them, could have been the ones to stand up on stage in June 2007 and demo a game-changer. Another chance to do the same in January 2010. No one did. Except Apple. Where the hell was everyone else?  Sitting around with their thumbs in their ass, that's where. And now they're getting screwed for their laziness. Boo-hoo.

post #13 of 67
Quote:
Originally Posted by hypercommunist View Post

Jobs' policy of thermonuclear war remains in effect

too bad that didn't work our for his buddy at Oracle. Apple may force some slight changes in Android but i see that as a good thing. I have to laugh about oracle getting slapped down and now told to pay google's court cost. nice.

post #14 of 67
This is getting just silly. How is it we can have all these patent lawsuits over the smartphones...yet the patents regarding cars designs, TVs, computer monitors, yada....are worked out. 
 
I would much rather see Apple use their time and money continuing to DEVELOP hardware and software versus paying lawyers. 
post #15 of 67

Apple is doing a fine job of alienating the courts.  They have already been upbraided for their shotgun tactics and overloading the Judges workloads.  I am sure this move is going to be looked on with great favour.
 

post #16 of 67
Quote:
Originally Posted by Quadra 610 View Post

The average consumer will care about this just as much as they did in the past. 

 

To the tune of continued billions in profit for Apple. When Apple commands the amount and quality of consumer mindshare that they do, the only result will be sales and profit. 

 

Still waiting for the competition to change the game the way Apple did in 2001, June 2007, January 2010, and probably any number of other times that the rest of this turkey of an industry can't even fathom. 

 

I don't feel one bit sorry for any competitor's product getting held up. Any number of them, Samsung, HTC, Moto - any of them, could have been the ones to stand up on stage in June 2007 and demo a game-changer. Another chance to do the same in January 2010. No one did. Except Apple. Where the hell was everyone else?  Sitting around with their thumbs in their ass, that's where. And now they're getting screwed for their laziness. Boo-hoo.

So apparently, if you don't create what everyone calls innovative, you should never be able to compete in the market.  Seems like many here would be happy if android died tomorrow, and apple had 100% market share.  What happened to the days when everyone feared the monopoly, and how they stifle innovation etc?  Apple is still being innovative, but they need to the competition to stay on top of the game.  From a consumer standpoint (I don't own any apple stock right now), I don't want android to disappear.  I don't want my choices limited.  Sure I'm using an ipad and iphone now, but will I be using them in 2 years?  4 years?  I'm not sure... So much of apple is stinking of 1990s era microsoft; doing whatever they can to maintain their monopoly like position (although in apple's case they're releasing new products that are superior to their old ones still).  The competitors make a similar phone that sells millions.. We don't want to release a new phone yet, as it doesn't make sense for our profit margins to release more than one new phone a year... Why don't we block them from selling the phone using patent law suits.  The whole patent system needs to be overhauled (haven't we all said that when apple gets sued again by yet another patent troll?)  What would everyone's response be if another big company (say Microsoft) sued to prevent apple's iphone from being released because it violated their patents... There have been countless patent cases against apple, and will be many more.  Right now apple is the big guy, and they're wielding a mighty big sword at their competitors... Not just threatening to destroy them in the marketplace through superior margins, supplies, etc but in the courts through the use of their patent portfolio.  I say let them compete fairly, and see how it turns out, of course that option won't maximize apple's stock price.

 

Phil

post #17 of 67
Quote:
Originally Posted by philgar View Post
So apparently, if you don't create what everyone calls innovative, you should never be able to compete in the market.

 

No, you just shouldn't be allowed to get away with wholesale theft.

 

Quote:
Seems like many here would be happy if android died tomorrow, and apple had 100% market share.  What happened to the days when everyone feared the monopoly, and how they stifle innovation etc?

 

I don't know of anyone intelligent that wants that. People really just want unique systems that bring something to the table. Looking back, I would have loved to see Palm's software still around (albeit with less childish leadership), and I welcome Microsoft's tablet and smartphone OS interpretation, but I feel bad that they're doing so terribly at it. Windows Phone 7, cleaned up and with improvements, is actually pretty nice software.

 

Quote:
The competitors make a similar phone that sells millions.. We don't want to release a new phone yet, as it doesn't make sense for our profit margins to release more than one new phone a year... Why don't we block them from selling the phone using patent law suits.

 

This is not what's happening, though.

 

Quote:
What would everyone's response be if another big company (say Microsoft) sued to prevent apple's iphone from being released because it violated their patents...

 

"Shame on Apple", I would imagine. 

 

Quote:
I say let them compete fairly, and see how it turns out, of course that option won't maximize apple's stock price.

 

Sure! We (well, I, at least) welcome the first fair competitor. That was Microsoft. I don't think there's any sort of lawsuit going on between Apple and Microsoft, and Windows Phone 7 certainly isn't stolen from Apple. No one else seems to want to actually compete.

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post #18 of 67
Quote:
Originally Posted by Quadra 610 View Post

Still waiting for the competition to change the game the way Apple did in 2001, June 2007, January 2010, and probably any number of other times that the rest of this turkey of an industry can't even fathom. 

 

I don't feel one bit sorry for any competitor's product getting held up. Any number of them, Samsung, HTC, Moto - any of them, could have been the ones to stand up on stage in June 2007 and demo a game-changer. Another chance to do the same in January 2010. No one did. Except Apple. Where the hell was everyone else?  Sitting around with their thumbs in their ass, that's where. And now they're getting screwed for their laziness. Boo-hoo.

I know what you were responding to, but this still has little to do with the case. I wish these would all just go to trial and stop tying up court system worldwide. 

post #19 of 67

Might be an in for Windows Phones... who knows. Something please besides Apple and Apple (2) - at this point the CE market is largely a meritocracy based on who can copy Apple the best. In the words of one Stephen A. Smith, Samsung are being SO DISRESPECTFUL. On the plus side for Samsung (and HTC who actually have original designs), these patents are surely due to expire soon.

post #20 of 67
Quote:
Originally Posted by screamingfist View Post

too bad that didn't work our for his buddy at Oracle. Apple may force some slight changes in Android but i see that as a good thing. I have to laugh about oracle getting slapped down and now told to pay google's court cost. nice.

 

If Cook ever watched War Games he would know that nobody wins at Thermonuclear War 

post #21 of 67
post #22 of 67

I think it's funny how anytime Apple is sued over a patent, a lot of people call it trolling.  Then when Apple sues someone it's called protecting their innovation.  Did Apple invent the video phone?  no... voice search?  no... text to speech?  no... etc. etc.  In fact Apple have stated many times that they don't necessarily "invent" new technology but rather take current technology and make it better.  This patent shit from both sides is getting very old!!!  

post #23 of 67
Quote:
Originally Posted by Tallest Skil View Post

No, you just shouldn't be allowed to get away with wholesale theft.


Sure! We (well, I, at least) welcome the first fair competitor. That was Microsoft. I don't think there's any sort of lawsuit going on between Apple and Microsoft, and Windows Phone 7 certainly isn't stolen from Apple. No one else seems to want to actually compete.
1. Apple isn't threatened by Microsoft's phone sales and 2. NORTEL shared patents

As for the S3, it pretty much kicks the iP4s in the teeth. Expect over a million sales in the US before the 21st of June. This is what is scaring Apple. People buying the S3 BEFORE the iPhone 5 comes out. Lost sales. And if the rumors are true about the 5 being elongated, but not widened, I doubt Apple will sell what they are expecting to.
post #24 of 67
Quote:
Originally Posted by Mac.World View Post
1. Apple isn't threatened by Microsoft's phone sales

 

They're not "threatened" by Samsung sales, either.

 

Quote:
As for the S3, it pretty much kicks the iP4s in the teeth. Expect over a million sales in the US before the 21st of June. This is what is scaring Apple.


Not really.

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post #25 of 67
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Originally Posted by Tallest Skil View Post

 

They're not "threatened" by Samsung sales, either.

 

 

Considering that Samsung sells more smartphones than any other company, that comment is just plain silly...

post #26 of 67
Quote:
Originally Posted by e_veritas View Post
Considering that Samsung sells more smartphones than any other company, that comment is just plain silly...

 

Considering that Apple makes all the profit in the industry, that comment is just plain silly… 

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post #27 of 67
Quote:
Originally Posted by Tallest Skil View Post

 

Considering that Apple makes all the profit in the industry, that comment is just plain silly… 

Well, to be fair only around 75% or so at last count. lol.gif

melior diabolus quem scies
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post #28 of 67
Quote:
Originally Posted by Tallest Skil View Post

 

Considering that Apple makes all the profit in the industry, that comment is just plain silly… 

 

Right, because since Apple already makes the MOST profit, they have NO interest in any growing their profit anymore. /s

 

Your logic never ceases to amaze me...

post #29 of 67
Quote:
Originally Posted by Tallest Skil View Post

Considering that Apple makes all the profit in the industry, that comment is just plain silly… 
Samsung is changing this, starting with the S3. No contract S3 is selling for $550 on AT&T. Now do a Google search for "Samsung Tizen". Unless you are deaf, dumb and blind you can see where Samsung is headed and why Apple is threatened.
post #30 of 67

What's so threatening about Tizen?  Looks like more half-assed, half-supported linux as usual

post #31 of 67
Quote:
Originally Posted by inkswamp View Post

 

 

Has there ever been a consumer backlash against Apple for any of these patent lawsuits? What makes you think one will happen this time?

 

In the sense that folks stop buying iPhones etc no. but there is always and already is a huge feedback back lash all over various sites. Engadget for example is packed with people bashing Apple over this. And not light hearted jabs, there's near death threats level stuff. Sad part is that most of it is taking jabs about the Siri interface so clearly they didn't bother to read what patent is being invoked because it's not trade dress. 

 

Course if Apple was the one being accused of infringing they would be cheering that the big bad Apple is about to get smacked. Even if the patent in question is bases off anything in the accused product etc. 

post #32 of 67
Quote:
Originally Posted by Rogifan View Post


You know how this will play in the tech media though - that Apple is trying to stifle competition and prevent a (in some eyes) superior phone from hitting the market.  Frankly I think it's a bit ridiculous.

 

Yep. that's almost word for word what all the naysayers are saying. 

post #33 of 67
Quote:
Originally Posted by Tallest Skil View Post

 

No, you just shouldn't be allowed to get away with wholesale theft.

 

 

I don't know of anyone intelligent that wants that. People really just want unique systems that bring something to the table. 

 

It's not really unique systems. Just unique choices, unique implementations. Is it really a choice if we are basically getting the same thing done the same way every time. Look at the '604 patent that Apple is saying was copied. That's a search patent and yeah perhaps it's a great tech for search but is it the best one. If Samsung etc are forced to come up with their own tech they might hit on something that wipes the floor with Apple. 

post #34 of 67
Quote:
Originally Posted by hypercommunist View Post

What's so threatening about Tizen?  Looks like more half-assed, half-supported linux as usual
There is nothing threatening about Tizen by itself. But if you can't figure out where Samsung is going with it, don't expect me to draw it out for you. I don't have several days to help you figure it out.
post #35 of 67
Quote:
Originally Posted by Tallest Skil View Post

 

No, you just shouldn't be allowed to get away with wholesale theft.

 

drop down notifications and push e-mail say hi.

post #36 of 67
Quote:
Originally Posted by charlituna View Post

 

In the sense that folks stop buying iPhones etc no. but there is always and already is a huge feedback back lash all over various sites. Engadget for example is packed with people bashing Apple over this. And not light hearted jabs, there's near death threats level stuff. Sad part is that most of it is taking jabs about the Siri interface so clearly they didn't bother to read what patent is being invoked because it's not trade dress. 

 

Course if Apple was the one being accused of infringing they would be cheering that the big bad Apple is about to get smacked. Even if the patent in question is bases off anything in the accused product etc. 

 

I completely agree that Apple's brand image has taken a beating from all of these lawsuits. Many people associate today's Apple with yesterday's Microsoft, and I don't see how this is a good thing.

 

These lawsuits could be an effective tactic if they were actually benefiting Apple, but almost all of these cases have resulted in rulings not in Apple's favor, with the rest being 'watered-down' rulings with nominal impact.

post #37 of 67
Quote:
Originally Posted by e_veritas View Post

 

I completely agree that Apple's brand image has taken a beating from all of these lawsuits. Many people associate today's Apple with yesterday's Microsoft, and I don't see how this is a good thing.

 

These lawsuits could be an effective tactic if they were actually benefiting Apple, but almost all of these cases have resulted in rulings not in Apple's favor, with the rest being 'watered-down' rulings with nominal impact.

NOT TRUE!!!!

 

The expenditure of probably hundreds of millions in these suits is successful in that the following products are to this day off shelves

 

1. The....uhhhh.....the....ammmm....the uhhh........

 

Tallest skil, help me out, what cant i buy cause of these lawsuits?

post #38 of 67
Quote:
Originally Posted by sleepy3 View Post

NOT TRUE!!!!

 

The expenditure of probably hundreds of millions in these suits is successful in that the following products are to this day off shelves

 

1. The....uhhhh.....the....ammmm....the uhhh........

 

Tallest skil, help me out, what cant i buy cause of these lawsuits?

 

You can't buy a Galaxy Tab 10.1 in Germany, you have to settle for a Galaxy Tab 10.1N instead !!!  Argh, that 10.1N has it's speakers pointing forward instead of to the side...

post #39 of 67
Quote:
Originally Posted by e_veritas View Post

 

You can't buy a Galaxy Tab 10.1 in Germany, you have to settle for a Galaxy Tab 10.1N instead !!!  Argh, that 10.1N has it's speakers pointing forward instead of to the side...

THE HORRORRRRRRRRR!!!!!!!!

post #40 of 67
Quote:
Originally Posted by Quadra 610 View Post

The average consumer will care about this just as much as they did in the past. 

To the tune of continued billions in profit for Apple. When Apple commands the amount and quality of consumer mindshare that they do, the only result will be sales and profit. 

Still waiting for the competition to change the game the way Apple did in 2001, June 2007, January 2010, and probably any number of other times that the rest of this turkey of an industry can't even fathom. 

I don't feel one bit sorry for any competitor's product getting held up. Any number of them, Samsung, HTC, Moto - any of them, could have been the ones to stand up on stage in June 2007 and demo a game-changer. Another chance to do the same in January 2010. No one did. Except Apple. Where the hell was everyone else?  Sitting around with their thumbs in their ass, that's where. And now they're getting screwed for their laziness. Boo-hoo.

Agree 100%

Quote:
Originally Posted by lamewing View Post

"I would much rather see Apple use their time and money continuing to DEVELOP hardware and software versus paying lawyers.

They did. That's what this is all about. Apple developed things and Samsung, HTC, Motorola, Google, etc all copied it.

If a burglar breaks into your house, you call the police.
Quote:
Originally Posted by philgar View Post

So apparently, if you don't create what everyone calls innovative, you should never be able to compete in the market.

No one ever suggested anything like that. What he said was that you shouldn't substitute outright theft for innovation.
Quote:
Originally Posted by e_veritas View Post

Considering that Samsung sells more smartphones than any other company, that comment is just plain silly...

Why is it silly? You said that Apple is threatened by Samsung. Where's the evidence to back up your claim?
Quote:
Originally Posted by Mac.World View Post

Samsung is changing this, starting with the S3. No contract S3 is selling for $550 on AT&T. Now do a Google search for "Samsung Tizen". Unless you are deaf, dumb and blind you can see where Samsung is headed and why Apple is threatened.
Quote:
Originally Posted by Mac.World View Post

There is nothing threatening about Tizen by itself. But if you can't figure out where Samsung is going with it, don't expect me to draw it out for you. I don't have several days to help you figure it out.

Why don't you explain to us why Apple should be scared of Tizen?

Even better, why not explain it to Samsung? They're obviously not convinced - since they can't seem to decide between Android or WIndows Mobile or Tizen or Linux or a few other options. If Tizen is so great, why do they need so many different OSs?

More importantly, where's the evidence that Tizen is so great? I've been hearing since the iPhone came out about how technology xxxx would blow Apple out of the water. It hasn't happened yet, so I'll wait for reality rather than accepting your delusions.
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