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Samsung argues Apple injunction bid meant to 'create fear and uncertainty' for carriers, retailers

post #1 of 43
Thread Starter 
In the ongoing Apple v. Samsung patent skirmish, Samsung on Thursday argued against an Apple-sought permanent injunction, saying such an order could have long-lasting repercussions for the Korean tech giant.

Apple v Samsung
A slide from the Apple v. Samsung trial


According to in-court reports from Reuters, Samsung attorney Kathleen Sullivan said a permanent sales ban against older devices would allow Apple to immediately level claims against newer products which are not yet part of the suit.

Further, Sullivan told U.S. District Court Judge Lucy Koh that an injunction would stymie future dealings with carriers, thus impacting Samsung's ability to compete in the smartphone market.

"An injunction would create fear and uncertainty for the carriers and retailers with whom Samsung has very important customer relationships," Sullivan said.

For its part, Apple counsel William Lee reminded the court that a trial jury found Samsung to have infringed on Apple patents, an action that arguably led to lost sales. As a result, Lee said the only path is an injunction.

Judge Koh previously denied Apple's request for an injunction. After a successful appeal to the U.S. Court of Appeals for the Federal Circuit, the case was returned to Judge Koh's court, which is now hearing arguments as part of the ongoing Apple v. Samsung patent battle in California.

In its request, Apple is not simply asking for a ban on specific devices, but rather all products that not "colorably different" from those already in-suit. This could make current Samsung handsets found to be less than colorably different ripe for litigation.
post #2 of 43
Quote:
saying such an order could have long-lasting repercussions for the Korean tech giant
Uh, isn't this the general idea?
To make you think twice before you again infringe on OPP (Other People's Patent's)...
post #3 of 43

Injunction would not have happened in the first place should Samsung have accepted Apple't licensing terms.

post #4 of 43
The DOJ eBooks case makes it absurd to assume or propose the US courts are in Apple's pocket...
post #5 of 43
Opportunity to buy more stock, just like the billionaires are doing. Not worried about the drop. All about long-term.
post #6 of 43
Quote:
Originally Posted by ds423ce View Post

 

This case was just for show and most assuredly will be overturned upon appeal, or via Obama's veto.


As with the previous case, Obama has nothing to do with it. He didn't overturn anything.
post #7 of 43
Hey Sammy, that's punishment for being a thief. Oh and hirer better trolls.
post #8 of 43
Quote:

Originally Posted by ds423ce View Post

 

Obama did not overturn anything?




Correct.
Your sources are incorrect.

U.S. Trade Representative Michael Froman overturned the ban.
Here is a link to his letter

http://www.ustr.gov/sites/default/files/08032013%20Letter_1.PDF
Quote:
It could be viewed as the US favouring US companies,”
but it's not.
Edited by Chris_CA - 2/7/14 at 5:56pm
post #9 of 43
Quote:
Originally Posted by ds423ce View Post

Obama did not overturn anything?

from http://www.ft.com/intl/cms/s/0/7321bf0a-fc6b-11e2-95fc-00144feabdc0.html

"President Obama has overturned a looming US import ban against some older models of the iPhone and iPad, adding a significant political twist to the legal wars that have been raging between smartphone giants Apple and Samsung. The ban, which had been set to take effect this week, was ordered by the US International Trade Commission in June, after the agency found that Apple had infringed on a key Samsung technology patent."

"“It could be viewed as the US favouring US companies,” said Susan Kohn Ross, a partner at Los Angeles law firm Mitchell Silberberg & Knupp, about the political impact of the decision. “Frankly, every other country does it, so why shouldn’t the US?”"


-- Those who can't innovate, litigate --

I'll do this once before I block you. The ITC isn't a court. Your employer is a thief. Sammy hasn't innovated in years. Your CEO is a crook.
post #10 of 43
Quote:
Originally Posted by ds423ce View Post
 

The more AAPL drops, the more Apple loses market-share, the more aggressive Apple will "compete" via lawsuits.

 

 

After all, as the saying goes, those who can't innovate, litigate.

 

Do you have any evidence that shows that somehow Apple's stock price is tied to their market share, as in data showing that when the stock price drops, their market share drops? If not, shut up, get out, and go back to the troll land where you came from. You're just making yourself sound like a huge IDIOT anyways.

post #11 of 43
Quote:
Originally Posted by Chris_CA View Post


Uh, isn't this the general idea?
To make you think twice before you again infringe on OPP (Other People's Patent's)...

 

You not down with OPP?

post #12 of 43
It is amazing how easily trolls are being recognized from just one post!

Let's see how the troll responds to this...

Samsung has been offered a cross-licensing agreement by Apple that contains a no-cloning clause. Instead of standing by its claims it is an innovative company that has not copied Apple, Samsung is arguing against the clause. Why would Samsung have a problem with the clause when it has claimed it does not copy Apple? Hmmm...

And, here is the link to the article... http://iphone.appleinsider.com/articles/14/01/20/apple_offers_samsung_patent_settlement_deal_tied_to_anti_cloning_provision

This will be fun banter!!!! 😃
post #13 of 43
"An injunction would create fear and uncertainty for the carriers and retailers with whom Samsung has very important customer relationships"

And lack of an injunction would create license to continue ripping off other people's products and ideas.

"After all, as the saying goes, those who can't innovate, litigate."

In this case, the plaintiff is just wanting the defendant to cease producing and selling cheap mimeographed copies of their products. I think it's fairly obvious that Apple doesn't need to fight court cases to make money off of patent portfolios. They can't even figure out how to spend all the money that gets dropped in front of their doors by fleets of garbage trucks every day.

I'll tell you this, though, I will never buy another Samsung product. And every time someone asks me my opinion on which TV, washing machine, bidet, or whatever that they should buy, I will make sure to tell them not to buy a Samsung.
post #14 of 43
Not newsworthy: Samsung files paperwork in court
Newsworthy: it says some nasty things about 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 #15 of 43
Quote:
Originally Posted by ds423ce View Post

This case was just for show and most assuredly will be overturned upon appeal, or via Obama's veto.

And -- who said anything about US courts being in Apple's pocket?
This is protectionism, plain and simple -- or, as Obama calls it "The America COMPETES act".

-- Those who can't innovate, litigate --
since you are apparently ignorant of US law, the President cannot overturn a court verdict made by any US court. Any court.
post #16 of 43
Originally Posted by AppleInsider View Post

Samsung argues Apple injunction bid meant to 'create fear and uncertainty' for carriers, retailers

 

Apple: Your honor, we object! There’s doubt, too!

Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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post #17 of 43
Quote:
Originally Posted by ds423ce View Post

No, the general idea is that Apple must be shielded from competition, especially foreign competition.

 
But why even have these laughable kangaroo court cases? 

It is a forgone conclusion that all US kangaroo courts will do as Apple demands.

And if a judge has the audacity to rule against the patent trolling fruit company, Obama will quickly come to the rescue. 

All Samsung knows is copying, they copied Motorola, they copied Nokia, they copied Palm, they copied Blackberry, their big mistake was copying Apple, finally a company had the balls to stand up to Samsung's sleazy, thieving ways.
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 43
Quote:
Originally Posted by ds423ce View Post
 

(A lot of crying, whining, and bitching about Samsung reaping what they sowed)

 

I feel your pain, ds423ce.

 

I mean, Apple only produced the Apple I, the Apple II, the MacIntosh, brought the GUI to the masses, popularised the mouse, created the iMac, the iPod, revolutionised the computer retail experience, the legal online music industry, created one of the world's best customer service experiences, the iPhone, the MacBook Air, the iPad, and the MacPro.

 

This pales in comparison to all the...stuff...that Samsung is famous for.

 

Who can argue about the innovation displayed by the Samsung Galaxy S:

 

 

Or the mind-blowingly different Galaxy Tab:

 

 

That incredible packaging:

 

 

Those awesome accessories:

 

CREATOR: gd-jpeg v1.0 (using IJG JPEG v62), quality = 85

 

 

CREATOR: gd-jpeg v1.0 (using IJG JPEG v62), quality = 90

 

I mean, white headphones!

 

Who the hell could have thought of that!:

 

 

And let's not forget that amazing software:

 

 

 

 

Hell, even their advertising takes the human race in a direction never even considered!

 

The sheer brilliance of using the same actor:

 

 

Or photoshopping in your own handsets to existing images:

 

 

Their mapping solutions:

 

 

Also available on the Mac.

 

I mean, Samsung's notebooks:

 

 

It utterly flabbergasts me how somebody could not fail to see the incredible innovation displayed by Samsung on a REGULAR basis.

 

It's VERY, VERY, VERY obvious that Apple's legal victories are nothing but obvious racism.


Edited by GTR - 1/30/14 at 8:00pm
post #19 of 43
Nice one there GTR.
Just shocked at all the cloning they been upto all these years.
About time Samy the crook felt the pains of its dishonest work for all this time.

Apparently it's not just the mobile wars they reached the top off with these dirty tricks but every other industry they been in.

Possibly all the other household stuff. It's about time these losers be struck down.

I truly hope they get banned.
For note: I am among those people that have pledged never to let any product with a samsung logo into my household.
Edited by nikilok - 1/30/14 at 7:57pm
post #20 of 43
Quote:
Originally Posted by hill60 View Post


All Samsung knows is copying, they copied Motorola, they copied Nokia, they copied Palm, they copied Blackberry, their big mistake was copying Apple, finally a company had the balls to stand up to Samsung's sleazy, thieving ways.

 

And they are also being sued for copying Dyson vacuum cleaners.

post #21 of 43

Just as a side note, well before all the Samsung products that copied a lot of Apple products, I actually purchased a Samsung Plasma TV to connect to my Mac mini.

Within 1 week it displayed the dreaded "ghosting" when watching DVDs (from a Samsung player)

It took Samsung 6 months to send someone out to repair it (only after several phone calls from me, trying to find out when it would be fixed) and they send out someone who replaced every part within the screen, only to have the same problem exist. The repair man said he would escalate the problem to Samsung, nothing happened - after even more phone calls, they sent the same guy back again, 2 weeks after he promised to escalate the problem only for him to tell me "there's nothing wrong with it"... really? Not only did I show him the problem AGAIN, but I quickly pointed out that only two weeks earlier, he said he would escalate the problem to Samsung. I kicked him out the door, rang Samsung. Nothing happened. Another week or two went by, a rep from Samsung rang me and I told them all about it. By this stage, I had also spoken to the store I purchased it from, luckily, they swapped it for a different brand. 

 

Sumsung dropped it completely, care factor = not even zero, it's below zero, heading into hell freezing over territory. Absolutely crap service. Got a replacement TV, got rid of the Samsung DVD player... but thing I have ever done.

 

Mark my words, their service will be their downfall. The only thing saving them at the moment is the fact that they supply the components for a lot of other vendors.

post #22 of 43
Originally Posted by GTR View Post

I mean, white headphones! Who the hell could have thought of that!:

 

 

I hadn’t seen these yet. :mad::no:

 

It almost makes me want North Korea to level Seocho-gu… with people inside. Almost.

 

Originally Posted by nikilok View Post

About time, he got banned from here...

 

I’d’ve done it by now, but…

Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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Originally posted by Relic

...those little naked weirdos are going to get me investigated.
Reply
post #23 of 43
Quote:
Originally Posted by ds423ce View Post
 

Apple's new logo?

 

Samsung's new logo?

 


Edited by GTR - 1/31/14 at 12:45am
post #24 of 43
Quote:
Originally Posted by muppetry View Post


I don't think it's a troll. Looks to me like a very poor astroturfer but, for once, the real thing. Quite pathetic. Report but don't respond.

 

I agree. That's exactly what I did. I saw his first post and hit the red flag.

post #25 of 43
It is about time that Apple has a definitive win in this ungoing saga. They deserve it.
post #26 of 43

Samsung argues Apple injunction bid meant to 'create fear and uncertainty' for carriers, retailers

 

I made the joke earlier; I’ll make the post now.

 

They SHOULD be afraid. Their futures SHOULD be uncertain.

 

This should keep them up at nights. This should make them kick themselves. They should be punished for hitching their wagon to the papier-mâché star. This is what happens when you support theft.

Originally posted by Relic

...those little naked weirdos are going to get me investigated.
Reply

Originally posted by Relic

...those little naked weirdos are going to get me investigated.
Reply
post #27 of 43

As my mother would have said... "I guess you should have thought about that before you INSERT WHAT EVER BAD THING YOU DID HERE. Now go to your room and think about what you've done!"

 

Yeah, something like that.  Seriously, these companies needs to live with the consequences of their actions.

post #28 of 43

I believe Apple has innovated plenty in the past few decades. Industries it has created ought to be thanking them. Everyone else has, for the most part, rode on their trail of success. Yes, I can point to several examples... The PC, Windows, iPod, iPhone, iPad...

 

The truth is that innovation is in Apple's DNA.  While they do invent, they innovate on things that have already existed... they just do it better. This is NOT the same as copying which is what Samsung does. You can take a look at an iPod and realize that it does not do "MP3 Player" the way everyone else has. It does it differently, and it was successful. Sure it may look like a radio that was created by Braun or someone 30 years earlier, but it's a new and different item. MP3 players existed before the iPod, but the iPod made it easy to use and cool. That coupled with iTunes made acquiring music in the digital age easy and legal. This disrupted an entire industry and arguably saved the recording industry from piracy. Now a lot of this technology existed before. Apple assembled it all in a way that was successful and then companies try to copy it.

 

This is what we see time and again with Apple. Because they are the first mover, they take a lot of flack for some things like removing disc drives from all their computers or no user-replaceable parts. But soon enough the entire industry will find this is the direction they need to go to be relevant and they will go that direction. In and of itself, that's not bad... but then there's Samsung who blatantly copies what comes from Apple.

 

Take a look at the latest S4 and the operating system. It is a complete and shameless knockoff of iOS 7 and iOS 7 was released first. Samsung shamelessly copies Apple and then doesn't want to reap the consequences.

 

So please, just stop with that "if you can't innovate" line. It's a crock of shite. Apple is using due diligence in protecting their intellectual property and will and should continue to do so. It has nothing to do with the level of innovation coming from them. Apple is still innovating more than any company on the planet and I can't wait for March when the next market disrupter is announced and all your precious companies start scrambling for their copying machines.

post #29 of 43
Quote:
Originally Posted by ds423ce View Post
 

The more AAPL drops, the more Apple loses market-share, the more aggressive Apple will "compete" via lawsuits.

 

 

After all, as the saying goes, those who can't innovate, litigate.

 

Samsung is toast and they know it.

Samsung will soon be copying and fighting the smaller Asian device makers for scrap.

As shameless a copycat as Samsung is, it is becoming more difficult for them to copy Apple's latest innovations.  (They keep trying)

Many of Apple's new innovations are broad and large scale and highly technical in software and hardware.  Samsung can not keep up.

Samsung must still be held responsible for damages caused by violating Apple's IP and copying.

 

An injunction on their infringing devices may finally make Samsung stop their copycat practices.  

post #30 of 43
Quote:
Originally Posted by Tallest Skil View Post
 

 

Apple: Your honor, we object! There’s doubt, too!

 

+1 :)

post #31 of 43

Korea "loves" Apple (I should say "loves to imitate") ... including North Korea !

 

http://www.northkoreatech.org/2014/01/31/north-koreas-red-star-os-goes-mac/

There is more stupidity than hydrogen in the universe, and it has a longer shelf life.

Frank Zappa

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There is more stupidity than hydrogen in the universe, and it has a longer shelf life.

Frank Zappa

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post #32 of 43

But this was easy to predict :

 

 

There is more stupidity than hydrogen in the universe, and it has a longer shelf life.

Frank Zappa

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There is more stupidity than hydrogen in the universe, and it has a longer shelf life.

Frank Zappa

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post #33 of 43
Quote:
Originally Posted by AppleSauce007 View Post
 

 

Samsung is toast and they know it.

Samsung will soon be copying and fighting the smaller Asian device makers for scrap.

As shameless a copycat as Samsung is, it is becoming more difficult for them to copy Apple's latest innovations.  (They keep trying)

Many of Apple's new innovations are broad and large scale and highly technical in software and hardware.  Samsung can not keep up.

Samsung must still be held responsible for damages caused by violating Apple's IP and copying.

 

An injunction on their infringing devices may finally make Samsung stop their copycat practices.  

And then what? Apple are in a pretty unpleasant position here : Samsung's control of the lower-end phones gives them a strong footing and lets them grow mindshare, and over time Samsung have started to cannibalize Apple's sales with higher-quality devices (the people that could only just afford an iPhone can now opt for a cheaper Samsung device). It's incredibly unfair if Samsung slavishly copy Apple, but ultimately there isn't much Apple can do about it - just look at how long all these court cases take to get anywhere and how ineffective the results are.

 

Unless Apple takes the fight to Samsung with cheaper devices, they're stuck defending their share of premium smartphone sales in an increasingly competitive environment. It's called "disruptive innovation" - there's a great article on it here:

 

http://www.newyorker.com/reporting/2012/05/14/120514fa_fact_macfarquhar

 

Quote:
 In industry after industry, Christensen discovered, the new technologies that had brought the big, established companies to their knees weren’t better or more advanced—they were actually worse. The new products were low-end, dumb, shoddy, and in almost every way inferior. But the new products were usually cheaper and easier to use, and so people or companies who were not rich or sophisticated enough for the old ones started buying the new ones, and there were so many more of the regular people than there were of the rich, sophisticated people that the companies making the new products prospered. 

Gee, I wonder which company's products that sounds like...

 

There's a lengthier piece about it at http://www.princetongrowth.com/wp-content/uploads/2011/04/Christensen-interview.RTM_.pdf . Page 5 is particularly interesting - it discusses how Intel brought out the Celeron processor range simply to defend against low-margin competitors and were all the stronger for it in the end. They saw the move into the low-end market not as a way to make money, but as a way to protect their existing incomes and cripple rivals. 

 

On an unrelated note, the title of this article is actually quite interesting. I wonder what the secondary effects on carriers and retailers of a ban is?

post #34 of 43

GTR, that was awesome! I did not realize the headphones and Maps annotations had been copied until now. Thanks!!

post #35 of 43
"Samsung on Thursday argued against an Apple-sought permanent injunction, saying such an order could have long-lasting repercussions for the Korean tech giant. "

Well, they should have thought of that before they used their inside knowledge of being a supplier to Apple to copy their customer's patented intellectual property!

Samsung are completely in the wrong here, but they are cynically playing the system and spending huge amounts on PR and marketing, attacks on the impartiality of judges, and misleading and often completely misleading press statements to make Apple look like the bad guy through persistent badmouthing in social media and elsewhere.

The individuals behind this persistent undermining of the rights of the inventor and of creative people generally clearly have some serious psychological personal issues to deal with.

The law applies to everybody - Samsung included.
post #36 of 43
The judge already ruled against the injunction. This is an appeal. This is how ScamScum operates. Rather than pay for engineers to innovate, they just copy and pay for lawyers instead. They know that it takes years of litigation, and know that in all likelihood, the penalties plus the legal fees will be dwarfed by the profits. And in many cases, there will be no penalty, but just a slap on the wrist. By the time a case is closed, the product will be obsolete, and an injunction against it will be meaningless. They laugh at our inability to defend intellectual property, laughing all the way to the bank. They do it in every sector of their business. People support this behavior by buying their products are dupes.
pbg - Macs since 1988
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pbg - Macs since 1988
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post #37 of 43
S
Quote:
Originally Posted by ds423ce View Post

No, the general idea is that Apple must be shielded from competition, especially foreign competition.

 
But why even have these laughable kangaroo court cases? 

It is a forgone conclusion that all US kangaroo courts will do as Apple demands.

And if a judge has the audacity to rule against the patent trolling fruit company, Obama will quickly come to the rescue. 
Stealing IP is not healthy competition. Samsung fans seem to think it is????
post #38 of 43
Samsung murdered its parents and is now complaining about being an orphan.

Please update the AppleInsider app to function in landscape mode.

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Please update the AppleInsider app to function in landscape mode.

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post #39 of 43
Originally Posted by jd_in_sb View Post
Samsung murdered its parents and is now complaining about being an orphan.


Rather, it’s now complaining that no one wants it to become Batman.

Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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post #40 of 43
"Samsung admits to understanding the purpose of injunctions." wtf?
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