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Apple wins rubberbanding patent case against Motorola in Germany - Page 2

post #41 of 42
Originally Posted by tooltalk View Post


 I don't think the patent exhaustion applies here.  My understanding is that Qualcomm's customers are not covered under the current law. Qualcomm and Samsung likewise signed an agreement not to go after their customers years back, but Samsung ended that agreement when Apple filed lawsuits against Samsung last year.


Well, if Samsung's patents are valid, why not?  Apple successfully banned Samsung's products in Germany.  I guess Samsung could *copy* Apple's legal strategy and file lawsuits in Dusseldorf, Germany and Eastern District of Texas for favorable outcome.


In the recent Apple v. Samsung case, a jury of our peers found that Samsung's patent assertion on 3G essential patents did not apply, citing Apple's agreement with Qualcomm. 


I'd expect the same result, at least in the U.S. (especially with that precedent) over 4G patents.


Patent exhaustion has a long history, and basically precludes people from double dipping. If Qualcomm is paying Samsung, Samsung cannot collect more, no matter what shady antics they try to do with the contracts. Contract law does not supercede the fundamentals (patent exhaustion) of the law.

post #42 of 42
Originally Posted by Youarewrong View Post


I think that most users would conclude that they've actually reached the end of the list, just like the scrolling bar on the right indicates. Not that this sort of talk surprises me from this guy.


Except the rubber-banding UI effect is superior to simple scroll bars, and is one small but key element of what makes an iPhone an iPhone.


When the iPhone was originally released, the rubber banding scrolling was a key thing highlighted by reviewers (forget who, but someone quipped "You had me at scrolling").


It's the little things that add up to something big.


For those that claim Android didn't steal from iOS, their implementation of multi-touch, pinch-to-zoom, tap-to-zoom, slide-to-unlock, rubber-band scrolling, etc. allowed Android to carve out a niche and gain traction, since it seemed "pretty much like an iPhone" to the average person, especially one who couldn't get an iPhone, either due to price or carrier. It was a brilliant strategy: do it first, apologize and pay a fine later, but reap huge profits and establish the brand.


It's the same strategy Samsung took. Do you think in hindsight Samsung thinks it was a mistake to copy the iPhone's look-and-feel, packaging, etc., especially in their initial "me too" offerings (looking at you, Galaxy S)? Now they have designs that aren't as blatant and are slightly more original, but do you think they'd have become the #1 vendor without that foundation they built? That foundation was expensive, but $1B is chump change when you're talking about building a brand for the long haul (especially since so few seem to care if it's a copy or not).

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