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Apple-Samsung smartphone ban courtroom showdown scheduled for Aug. 9

post #1 of 28
Thread Starter 
The United States Court of Appeals for the Federal Circuit has scheduled a major confrontation between Apple and Samsung for August 9 regarding potential sales injunctions.

Samsung Phones
Apple illustration of Samsung phones pre- and post-iPhone. | Source: Apple trial brief


The date has been set because of an effort by Apple to bar sales of some Samsung smartphones on the grounds of patent infringement. Though Apple won its initial patent infringement claim against Samsung in a jury trial last year, U.S. District Judge Lucy Koh refused to award Apple an injunction against Samsung smartphones, prompting the iPhone maker's appeal.

The August court date will be the most important event in Apple v. Samsung since last summer's jury trial, intellectual property expert Florian Mueller of FOSS Patents said this week. He said the hearing could even prove to be more important, because Apple's victory last year may prove meaningless if the company is unable to see any action taken against Samsung for its infringement.

Last year, Koh refused to grant Apple's initial request for injunction against Samsung because the infringed patents applied to only a "small fraction" of the features available on the phones in question. The judge ruled that it would not be fair to ban entire products because of "a few narrow protected functions."

In addition to not winning an injunction, Apple has yet to collect any money from Samsung. Though the company was initially awarded $1.05 billion by a jury, 40 percent of that, or about $450 million, was vacated in March of this year.

Samsung has also been pushing back, and just last week called for a new trial on the so-called "rubber banding" patent owned by Apple related to a scrolling user interface. For its part, Apple has accused Samsung of attempting to "delay and derail" a retrial on the remaining damages in the patent infringement suit.

Samsung seeks a new jury in its retrial that it hopes will further reduce the damages it currently owes Apple. Last year's jury determined that 14 Samsung products were in violation of Apple patents, while Apple had not violated any Samsung patents.
post #2 of 28
Good. Apple doesn't deserve a dime.
post #3 of 28
Verdict: You can no longer sell devices that you no longer sell.
"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
Reply
post #4 of 28
Quote:
Originally Posted by harharhar View Post

Good. Apple doesn't deserve a dime.

What a stupid post. Just like all of your others, insulting all Apple users. Leave now.

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply
post #5 of 28
Quote:
Originally Posted by harharhar View Post

Good. Apple doesn't deserve a dime.

No, they deserve 20,000,000,000 dimes.
post #6 of 28
Quote:
Originally Posted by harharhar View Post

 How do the patents involved warrant a device ban? Explain.

 

Having a bounce back effect. Apple "patented" it, long after it had been in use by other companies because it was such a basic obvious thing, they didn't think it was worth patenting. So that bounce effect, deserves millions of phones to be banned.

 

 

 

Apple must patent everything it can, not necessary because they want to sue others on them, but mostly to avoid gettings sued by patent trolls.  Sadly you have companies making patents or buying patents for the sole reason to sue afterwards. Those companies dont used those patents or make anything, they just want free cash.  Such a broken system.

 

After 2007, the smartphone market did clone Apple iphone looks and feel. Apple counter sue with various patents it hads, with mixed results depending on countries. imo its all a waste of cash and time. The patent system is just broken.

post #7 of 28
When your own lawyers can't tell them apart . . .

jussayin.
post #8 of 28
That is why I use the real iPhone not looked alike. I feel ashamed if I carry one of those look alike devices. Plagiarism is something that should not be in my dictionary.
post #9 of 28
Quote:
Originally Posted by sflocal View Post


I've limited my involvement a lot simply because the trolls and iHaters that infested AI to such a degree, all rational discussion that existed in the earlier days from actual Apple enthusiasts are essentially gone.


What the heck is up the moderator's a##?  People obviously can and should express their opinions on this forum, but when their "opinions" are clearly (to me) trolling, attacks, iHating, etc... I'd be removing posts and banning people right and left and not give a damn to the folks whining about it.  To hell with the mod's belief that "every post has a voice" nonsense.  AI comments are about as useless as can be nowadays.


AI seems to just be succumbing to being a web-click-whore and just opening the floodgates of letting all kinds of trash post on the forums.  AI is on borrowed time, and the mods don't seem to give a damn about integrity anymore.

You're describing TS when he was a mod, but unfortunately we're down to just Marvin. No offense to Marvin.
post #10 of 28
Quote:
Originally Posted by Pendergast View Post

You're describing TS when he was a mod, but unfortunately we're down to just Marvin. No offense to Marvin.

There are at least 4 mods left - me, Mr. H, melgross and hmurchison. Flag inappropriate posts and they'll be sorted. I know it's difficult sometimes but trying to avoid responding would help too so that 50 or so comments don't also have to be removed.
post #11 of 28
Hi
Quote:
Originally Posted by Marvin View Post

There are at least 4 mods left - me, Mr. H, melgross and hmurchison. Flag inappropriate posts and they'll be sorted. I know it's difficult sometimes but trying to avoid responding would help too so that 50 or so comments don't also have to be removed.

Hi Marvin,

Pls dońt be to harsh on TS.

We all know he's quite outspoken (his 'vomit' remark is case in point) but we can all live with it

C
post #12 of 28
Quote:
Originally Posted by Blitz1 View Post

Hi
Hi Marvin,

Pls dońt be to harsh on TS.

We all know he's quite outspoken (his 'vomit' remark is case in point) but we can all live with it

C

 

Personally, I didn't mind much about TS's remark. After-all, I was (playfully) yanking his chain.

post #13 of 28

Please do not get started on personal comments again.  That's what wasted this thread before.  

 

Quote:
Originally Posted by harharhar View Post

Good. Apple doesn't deserve a dime.

 

The particular legal action the article is referring to, is not about monetary rewards.

 

It's about getting an injunction.  The offending devices are no longer sold, but that's not the point.  Simplified, what Apple wants is to get the regular court system to lower the bar for injunctions.  That is, to decide that monetary compensation is not usually enough if a patent is infringed.

 

(There have been decisions like that, but they were under different circumstances.)

 

The trouble is, I think this push could easily backfire on Apple in the future.  For example, the ITC.. which operates under their own rules... uses injunctions instead of monetary awards, and they banned older Apple devices that infringed on a Samsung patent, and Apple didn't like that at all.

 

Sometimes you wonder if one hand at Apple's law firms knows what the other hand is doing.

post #14 of 28
Quote:
Originally Posted by KDarling View Post

Please do not get started on personal comments again.  That's what wasted this thread before.  

 

 

The particular legal action the article is referring to, is not about monetary rewards.

 

It's about getting an injunction.  The offending devices are no longer sold, but that's not the point.  Simplified, what Apple wants is to get the regular court system to lower the bar for injunctions.  That is, to decide that monetary compensation is not usually enough if a patent is infringed.

 

(There have been decisions like that, but they were under different circumstances.)

 

The trouble is, I think this push could easily backfire on Apple in the future.  For example, the ITC.. which operates under their own rules... uses injunctions instead of monetary awards, and they banned older Apple devices that infringed on a Samsung patent, and Apple didn't like that at all.

 

Sometimes you wonder if one hand at Apple's law firms knows what the other hand is doing.

 

 

Is Apple asking for injunctions based on SEP violations? Because that's what they're protesting at the ITC. 

post #15 of 28
Quote:
Originally Posted by Marvin View Post


There are at least 4 mods left - me, Mr. H, melgross and hmurchison. Flag inappropriate posts and they'll be sorted. I know it's difficult sometimes but trying to avoid responding would help too so that 50 or so comments don't also have to be removed.

 

 

Yet you're pretty much the only visible one. 

 

And I do try to flag inappropriate posts. I just understand it's a tall order for a somewhat undermanned mod squad. I didn't mean any offense.

post #16 of 28

Personally, I not interested in who wins this court battle as I would rather see less battles in court and more battles in the market place through innovation, invention and creativity. Imagine what you could create if you diverted all the money Apple or Samsung has spent on litigation into product research and development. Hope this does not offend anyone.

Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
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Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
post #17 of 28
Quote:
Originally Posted by Bondm16 View Post

Personally, I not interested in who wins this court battle as I would rather see less battles in court and more battles in the market place through innovation, invention and creativity. Imagine what you could create if you diverted all the money Apple or Samsung has spent on litigation into product research and development. Hope this does not offend anyone.

 

The amount they're spending on legal battles is a drop in the bucket compared to the money both companies rake in, and is in no way taking away from the R&D budget. 

 

Apple and Samsung have almost limitless capital resources. I think Apple "suffers" from a lack of engineering manpower, but that may be intentional as Apple has proven how successful a "small" focused company can be.

post #18 of 28
Quote:
Originally Posted by Bondm16 View Post

...less battles in court and more battles in the market place through innovation, invention and creativity.

Blah blah blah. Enough of this tired argument.
Quote:
Imagine what you could create if you diverted all the money Apple or Samsung has spent on litigation into product research and development.

Imagine what no one would create if there was no legal protection for what you created in the first place and anyone could steal anything from anyone.

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply
post #19 of 28

Ok, I said what i thought. Sorry if i was going over old stuff.


Edited by Bondm16 - 7/17/13 at 10:39am
Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
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Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
post #20 of 28
Quote:
I agree there should be protection for invention and innovation. But some of the stuff Apple has patented they didnt really invent. One example: Magsafe. This was feature on most electric appliances in the far east, particularly kettles, design to prevent small children from pulling the cord and scalding themselves. The person or persons who made this didnt patent it so Apple borrowed it for their laptops and patented it and now get the credit. If you dont believe me, watch this:

http://www.youtube.com/watch?v=wFeC25BM9E0

I don't believe it. Apple's patent is valid.

Your video is a pile of sheer stupid, by the way. Absolute effing nonsense.

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply
post #21 of 28
Quote:
Originally Posted by Tallest Skil View Post


I don't believe it. Apple's patent is valid.

Your video is a pile of sheer stupid, by the way. Absolute effing nonsense.

Excuse me but i didnt say Apple's patent wasnt valid. In fact it is valid and legit. I merely pointed out that the idea was already around just not used in computers and for the record, i did not create the video nor did i star in it. I found it on you tube. If you want to tell the people who did the video of your views then feel free.

Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
post #22 of 28
Quote:
Originally Posted by Bondm16 View Post

Excuse me but i didnt say Apple's patent wasnt valid. In fact it is valid and legit. I merely pointed out that the idea was already around just not used in computers and for the record, i did not create the video nor did i star in it. I found it on you tube. If you want to tell the people who did the video of your views then feel free.

And therefore Apple's use of said idea... IN computers... was somehow not invented by them.

So all magnets, used anywhere to affix anything to anything, are just stolen from the original use thereof? 1hmm.gif

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply
post #23 of 28
Quote:
Originally Posted by Tallest Skil View Post


And therefore Apple's use of said idea... IN computers... was somehow not invented by them.

So all magnets, used anywhere to affix anything to anything, are just stolen from the original use thereof? 1hmm.gif

Oh for the love of all things holy. Apple used the idea of a magnetically sealed charging connection on a laptop. The principles are exactly the same just the product you use to power or charge is different. The "invention" is a cable which powers/charges a device is magnetically connected to the appliance.

Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
post #24 of 28
Quote:
Originally Posted by Bondm16 View Post

The "invention" is a cable which powers/charges a device is magnetically connected to the appliance.

So the video is entirely a crock, then.

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply
post #25 of 28

Whatever you say sir.


Edited by Bondm16 - 7/17/13 at 11:24am
Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
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Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
post #26 of 28
Quote:
Originally Posted by Bondm16 View Post

Whatever you say sir.

Good; I'm glad you agree. No one could disagree; it's just utter crap.

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply

Originally posted by Marvin

Even if [the 5.5” iPhone] exists, it doesn’t deserve to.
Reply
post #27 of 28

I am tactically agreeing so this doesnt go on and on and on

Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
post #28 of 28

Hey, I could have sworn there was a post number 28.

Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
Always happy to debate an issue with anyone. Once it turns into name calling, I am out of there. 
Reply
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