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Apple takes issue with post-trial decision timeline, asks court to reschedule hearings

post #1 of 87
Thread Starter 
In a late Thursday filing, Apple requested Apple v. Samsung presiding Judge Lucy Koh to reconsider the scheduling of post-trial decisions, saying that the current timeline may dissolve an existing Galaxy Tab ban prematurely.

Apple's motion to reconsider, first reported by FOSS Patents' Florian Mueller, points out the court's scheduling orders have "created a severe imbalance in the schedule for addressing injunctive relief" against Samsung's products, such as the current Galaxy Tab 10.1 sales ban.

After the Apple v. Samsung verdict was handed down last week, both parties immediately filed for post-trial decisions, one of which was a Samsung motion to dissolve the existing Galaxy Tab injunction in light of the jury's findings of non-infringement for that specific device. The request to dissolve followed Apple's own proposal for a preliminary injunction against eight smartphones made by the Korean company found to have violated its design and utility patents. Also scheduled for debate are so-called "Rule 50" motions to overrule certain jury decisions, for example Apple will be arguing against the ruling that its D'889 iPad patent was not infringed.

Mueller notes the issue is not merely about scheduling as Samsung can potentially be allowed to restart sales of its tablets in the U.S. before the lucrative holiday season.

Galaxy Tab 10.1


Judge Koh on Tuesday rescheduled the post-trial hearings, consolidating Apple's permanent injunction motion with the Rule 50 discussions in the interest of expediency. Originally, Apple's sales ban argument was scheduled for Sept. 20, but was pushed back to Dec. 6 with Samsung's motion to dissolve taking its place. This causes the asymmetry Apple mentioned in its recent filing as a dissolving of the current Galaxy Tab injunction can potentially be overturned with a favorable Rule 50 decision.

From Apple's request:

As explained [?], Apple?s motion for injunctive relief is more urgent than Samsung?s request to dissolve the injunction. Samsung?s motion certainly should not be addressed before Apple?s motion for injunctive relief.


While the motion to reschedule may seem to be directly aimed to uphold the sales ban against Samsung's tablet before Christmas, Mueller says "there's much more to it," explaining that the existing injunction is not limited to the Galaxy Tab 10.1, but "also covers any future products that are 'no more than colorably different.'" This means Samsung can't launch any future products that resemble the iPad if the injunction remains in place.



Apple's request itself won't produce a symmetrical schedule, however Judge Koh will need to divulge her reasoning as to why Samsung's motion to dissolve takes precedence over a hearing for a new injunction and Rule 50 discussions.

It remains unclear as to whether Apple will be successful in its request, however Judge Koh will issue an order regarding the matter soon.
post #2 of 87

Wait, their domain is mofo.com?? Good lord...

post #3 of 87
I have to agree with Apple. Either keep the date, or allow a prelim ban to continue until then. Make Apple post a bond like they do in the EU if they haven't already

And surprisingly this is better for Samsung since they can't launch any other models without a major overhaul and the holiday shopping season will be close following

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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post #4 of 87

In Germany they have temporary injunctions that cover the period up until the real hearing takes place; since the jury said that Samsung was selling copies, they've been found guilty, so how come they will be allowed to carry on making profits off Apple's invention all through the biggest sales period in the year? It just makes the law look an ass.

post #5 of 87

deleted


Edited by MacRulez - 1/21/13 at 3:03pm
post #6 of 87
Originally Posted by kkerst View Post
Wait, their domain is mofo.com?? Good lord...

 

Were you looking to get the e-mail address mushroom_cloud_laying@mofo.com?

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
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Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #7 of 87

That has to be the best domain for a professional company I've ever come across. I should start a law firm with the domain of "suckonthis.com"

post #8 of 87
Originally Posted by kkerst View Post
That has to be the best domain for a professional company I've ever come across. I should start a law firm with the domain of "suckonthis.com"


I'd say sosumi.com, but Apple wouldlol.gif


There's a site called pukeon.us, but I forget what it's for… 

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #9 of 87
Quote:
Originally Posted by Tallest Skil View Post

Were you looking to get the e-mail address mushroom_cloud_laying_mofo@mofo.com?

There i fixed it for you.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
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post #10 of 87
Quote:
Originally Posted by oolong View Post

Are you really a Swiss?

If so, shame on you for supporting a predatory american company!

As we say in German speaking Europe: "Scheiss Amis!!!"

Actually, worse shame on you for spending your time posting on a forum devoted to supporting said predatory American company.

If I was from German-speaking Europe, I'd be kind of ashamed of compatriots like you....
post #11 of 87

What's with the Kraut trolls and their outdated, Nazi insults?

 

So, a Swiss person is not allowed to like Apple, the best and most innovative tech company on the planet?

post #12 of 87
Quote:
Originally Posted by oolong View Post

 

Are you really a Swiss?

 

If so, shame on you for supporting a predatory american company!

 

As we say in German speaking Europe: "Scheiss Amis!!!"

 

Quote:
Originally Posted by anantksundaram View Post


Actually, worse shame on you for spending your time posting on a forum devoted to supporting said predatory American company.
If I was from German-speaking Europe, I'd be kind of ashamed of compatriots like you....

 

I'm betting this was a drive-by troll that we will never hear from again.

post #13 of 87
Quote:
Originally Posted by MacRulez View Post


If you're looking for immediate action on court rulings without waiting for appeal first, be careful what you wish for:

http://www.bbc.co.uk/news/technology-18895384

They'd fit in nicely next to "Samsung copied Apple" headlines.

 

News report vs an ad.

 

the judge would look like even more of an idiot than he does now.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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post #14 of 87
Why is Apple afraid of suing Google for copying iPhone. Apple, please stop abusing broken American patent system and bullying competitors who are disadvantaged by the broken US petent and legal systems which violate sprit of true innovations.

I own many Apple products but, do not appreciate Apple constantly and unfairly attacking competitors. Thus, killing true and fair competion.

We know that many Apple patents were based on inventions by others which Apple either copied and/or purchased. Thus, they are not true Apple inventions.

Otherwise, the nuclear bomb that Steve Job invented will drop on Apple not Google.
Please, please, stop the self-destruction while you can ...
Edited by edwardkim - 9/1/12 at 6:46pm
post #15 of 87
Quote:
Originally Posted by "Apple 
[" url="/t/152257/apple-takes-issue-with-post-trial-decision-timeline-asks-court-to-reschedule-hearings#post_2180255"]What's with the Kraut trolls and their outdated, Nazi insults?

So, a Swiss person is not allowed to like Apple, the best and most innovative tech company on the planet?

He's a lil upset making him a sour kraut. Lol
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #16 of 87
Originally Posted by edwardkim View Post
Why Apple is afraid of suing Google for copying iPhone.

 

Because they aren't. They're simply establishing a series of wins they can then use to punctuate all the more fiercely their final suit against Google.

 

Apple, please stop abusing broken American petent system and bullying…

 

And everyone has tuned out. Nice going. 

 

I own many Apple products but, do not appreciate Apple constantly and unfairly attacking competitors. Thus, killing true and fair competion.

 

Nope. Frigging broken record over here. I thought we settled all this nonsense during the Samsung verdict read… 


We know that many Apple petents were based on inventions by others which Apple either copied and/or purchased. Thus, they are not true Apple inventions.

 

The car is not a true invention. The light bulb is not a true invention. OS X is identical to the first UNIX code ever written. All these things are true if we go by your definition.


Please, please, stop the self-destruction while you can ...

 

Why does the Anti-Apple Brigade never heed their own words?

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #17 of 87
Quote:
Originally Posted by edwardkim View Post

I own many Apple products but, do not appreciate Apple constantly and unfairly attacking competitors...

 

So what do you think of Motorola/Google's continuing attacks on Apple and Microsoft?

 

Seeing as how any court cases between these parties were originally instigated by Motorola/Google, Apple and Microsoft have acted defensively. 

 

Please, please Google, stop Motorola's destruction of standards based licensing systems while you can.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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post #18 of 87
Quote:
Originally Posted by hill60 View Post

Quote:
Originally Posted by edwardkim View Post

I own many Apple products but, do not appreciate Apple constantly and unfairly attacking competitors...

So what do you think of Motorola/Google's continuing attacks on Apple and Microsoft?

Seeing as how any court cases between these parties were originally instigated by Motorola/Google, Apple and Microsoft have acted defensively. 

Please, please Google, stop Motorola's destruction of standards based licensing systems while you can.

I would ask ALL tech. companies to focus on inventions rather than wasting their talents and resources with the broken US patent system. There are enough opportunities and rewards to go around for all parties who invents ... peace/e.
Edited by edwardkim - 9/1/12 at 6:48pm
post #19 of 87
Originally Posted by edwardkim View Post
I would ask ALL tech. companies to focus on inventions rather than wasting their talents and resources with the broken US petent system.

 

No, that either needs addressed or left as it is. Companies have just as much right as any other entity to protect their intellectual property. 

Ignoring copiers because "they should be spending time innovating* instead of litigating. If your products are innovative, you don't need to protect your stolen IP at all. " is not an argument that works.


*generically, nonspecifically, and without any understanding of what that would imply, they say 'innovating'… 

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #20 of 87
Quote:
Originally Posted by Tallest Skil View Post

Quote:
Originally Posted by edwardkim View Post

I would ask ALL tech. companies to focus on inventions rather than wasting their talents and resources with the broken US patent system.

No, that either needs addressed or left as it is. Companies have just as much right as any other entity to protect their intellectual property. 


Ignoring copiers because "they should be spending time innovating* instead of litigating. If your products are innovative, you don't need to protect your stolen IP at all. " is not an argument that works.

*generically, nonspecifically, and without any understanding of what that would imply, they say 'innovating'… 

Please, remember that both US patent and legal systems are BROKEN. Therefore, many US patents are invalid and the broken US legal system is no help in determining whether the claim IP should and could be protected.

Thus, we need to fix the broken patent and legal systems to protect true intellectual properties. Until then we would be just wasting time and resources, and miss opportunities to make the world a better place ... Blessings/e.
Edited by edwardkim - 9/1/12 at 8:38pm
post #21 of 87
Originally Posted by edwardkim View Post
Please, remember that both US petent and legal systems are BROKEN.

 

Except they're not. Saying something is broken doesn't make it broken. You have to explain why it's broken. Neither is broken.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #22 of 87
Quote:
Originally Posted by edwardkim View Post


Please, remember that both US petent and legal systems are BROKEN. Therefore, many US petents are invalid and the broken US legal system is no help in determining whether the claim IP should and could be protected.
Thus, we need to fix the broken petent and legal systems to protect true intellectual properties. Until then we would be just wasting time and resources, and miss opportunities to make the world a better place ... Blessings/e.

 

So what makes "many US petents [sic] invalid"? Your personal opinion? I'm suspicious when people like you use vaguely defined terms like "true intellectual properties" because it's often just a rhetorical argument to justify seizing patents they want to use without license. Isn't that your real intent? To defend and justify seizing Apple's patents and denying them patent rights?

 

If you really believe that the patent and legal systems are broken, why only complain about it when it's Apple's patents and Apple wins in court? Aren't Motorola and Samsung's patents equally invalid? Or only the patents owned by Apple?

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #23 of 87

I am really tired reading about the fight between Apple and Samsung! Why go to the court? Why not let the people decide which product is the best.

post #24 of 87
Quote:
Originally Posted by fatusmiles View Post

I am really tired reading about the fight between Apple and Samsung! Why go to the court? Why not let the people decide which product is the best.

Well said !!!

Let the consummers be the judge and vote with their hard earned money, for their individual needs, without being manipulated by the flawed US patent and legal systems.
Edited by edwardkim - 9/1/12 at 6:50pm
post #25 of 87
Quote:
Originally Posted by fatusmiles View Post

I am really tired reading about the fight between Apple and Samsung! Why go to the court? Why not let the people decide which product is the best.

The people -did- decide. That's the point of a jury trial.
"We're Apple. We don't wear suits. We don't even own suits."
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"We're Apple. We don't wear suits. We don't even own suits."
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post #26 of 87
Quote:
Originally Posted by edwardkim View Post

I would ask ALL tech. companies to focus on inventions

What a coincidence. That's what Apple wants, too.

If Samsung, htc, google, et al were to develop their own products instead of slavishly copying Apple's, these court battles would not need to happen.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #27 of 87
Quote:
Originally Posted by sennen View Post

Quote:
Originally Posted by fatusmiles View Post

I am really tired reading about the fight between Apple and Samsung! Why go to the court? Why not let the people decide which product is the best.

The people -did- decide. That's the point of a jury trial.

You "misread" my comments. The "people" in my comments should be read as "we, the consumers", not the people who participated in the flawed legal system.
Edited by edwardkim - 9/1/12 at 8:41pm
post #28 of 87
Quote:
Originally Posted by jragosta View Post

Quote:
Originally Posted by edwardkim View Post

I would ask ALL tech. companies to focus on inventions

What a coincidence. That's what Apple wants, too.

If Samsung, htc, google, et al were to develop their own products instead of slavishly copying Apple's, these court battles would not need to happen.

Let's stop accusing one another, and focus on innovations.
Then, we all will win and nobody will lose.
post #29 of 87
Quote:
Originally Posted by edwardkim View Post

I would ask ALL tech. companies to focus on inventions rather than wasting their talents and resources with the broken US petent system. There are enough opportunities and rewards to go around for all parties who invents ... peace/e.

But then you would say that, since the companies you support rely on the theft of intellectual property for their very existence....
post #30 of 87
Quote:
Originally Posted by Sacto Joe View Post

Quote:
Originally Posted by edwardkim View Post

I would ask ALL tech. companies to focus on inventions rather than wasting their talents and resources with the broken US patent system. There are enough opportunities and rewards to go around for all parties who invents ... peace/e.

But then you would say that, since the companies you support rely on the theft of intellectual property for their very existence....

This industry is large enough to support "every" company who invents even if their inventions were based on inventions by others.
Edited by edwardkim - 9/1/12 at 8:42pm
post #31 of 87
Originally Posted by edwardkim View Post
You "misread" my comments. The people in my comments should be read as "we, the consumers", not the people who participated in the flawed legal system.

 

That idea is stupid. That's what we're saying. We're ignoring your comment because the idea within is inherently flawed, UNLIKE the legal system.

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply

Originally Posted by helia

I can break your arm if I apply enough force, but in normal handshaking this won't happen ever.
Reply
post #32 of 87
Quote:
Originally Posted by edwardkim View Post

Let's stop accusing one another, and focus on innovations.
Then, we all will win and nobody will lose.

I'll repeat:
What a coincidence. That's what Apple wants, too.

If Samsung, htc, google, et al were to develop their own products instead of slavishly copying Apple's, these court battles would not need to happen.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #33 of 87
Quote:
Originally Posted by edwardkim View Post


Please, remember that both US petent and legal systems are BROKEN. Therefore, many US petents are invalid and the broken US legal system is no help in determining whether the claim IP should and could be protected.
Thus, we need to fix the broken petent and legal systems to protect true intellectual properties. Until then we would be just wasting time and resources, and miss opportunities to make the world a better place ... Blessings/e.

 

So tell me what you think about this European patent:-

 

http://worldwide.espacenet.com/publicationDetails/originalDocument?FT=D&date=20080924&DB=worldwide.espacenet.com&locale=en_EP&CC=EP&NR=1215867B1&KC=B1&ND=4

 

Samsung is suing Apple over it in Germany.

 

;) 

 

Whoops, I did that from a mobile device, I may have just infringed Samsung's patent.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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post #34 of 87
Quote:
Originally Posted by fatusmiles View Post

I am really tired reading about the fight between Apple and Samsung! Why go to the court? Why not let the people decide which product is the best.

 

People  mainly buy iPhones or copies of iPhones...

 

...hence Samsung's success making TouchWiz the most popular form of Android.

 

Too bad about the other Android OEM's.

Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
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post #35 of 87
Quote:
Originally Posted by Tallest Skil View Post

 

Except they're not. Saying something is broken doesn't make it broken. You have to explain why it's broken. Neither is broken.

 

Fine.  Here's 59:21 worth of reasons. 

 

http://www.thisamericanlife.org/radio-archives/episode/441/when-patents-attack

The only people that believe the system is OK are the greedy POS that make money from this mess.

post #36 of 87
Quote:
Originally Posted by hill60 View Post

Quote:
Originally Posted by edwardkim View Post

Please, remember that both US patent and legal systems are BROKEN. Therefore, many US petents are invalid and the broken US legal system is no help in determining whether the claim IP should and could be protected.

Thus, we need to fix the broken patent and legal systems to protect true intellectual properties. Until then we would be just wasting time and resources, and miss opportunities to make the world a better place ... Blessings/e.

So tell me what you think about this European patent:-

http://worldwide.espacenet.com/publicationDetails/originalDocument?FT=D&date=20080924&DB=worldwide.espacenet.com&locale=en_EP&CC=EP&NR=1215867B1&KC=B1&ND=4

Samsung is suing Apple over it in Germany.

1wink.gif 

Whoops, I did that from a mobile device, I may have just infringed Samsung's patent.

I call ALL tech. companies stop suing each other in ALL nations, and focus on innovating.
Edited by edwardkim - 9/1/12 at 8:45pm
post #37 of 87
Quote:
Originally Posted by edwardkim View Post


I call ALL tech companies stop suing each other in ALL nations, and focus on innovating.

what edward should be saying is: I call on all tech companies to stop copying Apple's innovations, and focus on innovating themselves.

 

 

Seriously edward, you are sounding like an idiot by constantly calling on apple to innovate. They have the most sought after, and highly regarded phones and tech gadgets in the world. The innovation from Apple should be slapping you right in the face, but you seem to be to numb to feel it, DUH!!

Where in the FSCK do you think the idea for the copycat phones from samescum, and the copycat OS "android" came from.

You should remember that it is better to be silent and thought of as a fool than to speak and remove all doubt.

android sucks, but not as much as the people who come here to defend it.

New for MS dorks - Microsoft sucks just as much as the losers that come to AI to defend it

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android sucks, but not as much as the people who come here to defend it.

New for MS dorks - Microsoft sucks just as much as the losers that come to AI to defend it

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post #38 of 87
Quote:
Originally Posted by RogueDogRandy View Post

Quote:
Originally Posted by edwardkim View Post

I call ALL tech companies stop suing each other in ALL nations, and focus on innovating.
what edward should be saying is: I call on all tech companies to stop copying Apple's innovations, and focus on innovating themselves.


Seriously edward, you are sounding like an idiot by constantly calling on apple to innovate. They have the most sought after, and highly regarded phones and tech gadgets in the world. The innovation from Apple should be slapping you right in the face, but you seem to be to numb to feel it, DUH!!
Where in the FSCK do you think the idea for the copycat phones from samescum, and the copycat OS "android" came from.
You should remember that it is better to be silent and thought of as a fool than to speak and remove all doubt.

I own many Apple products but, do not appreciate Apple being bully.
Your comments are highly offensive, and your childish comments make fool of yourself.
Be careful with what you say ...
post #39 of 87
Quote:
Originally Posted by edwardkim View Post

I call ALL tech companies stop suing each other in ALL nations, and focus on innovating.

Since twice isn't apparently enough for it to sink in, I'll repeat:
What a coincidence. That's what Apple wants, too.

If Samsung, htc, google, et al were to develop their own products instead of slavishly copying Apple's, these court battles would not need to happen.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #40 of 87
Quote:
Originally Posted by edwardkim View Post

 Apple, please stop abusing broken American petent system

 I don't think apple owns or has ever sued over any petents so I think you are ok there, now patents are another story

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