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Apple drops cross-appeal of final judgment in Samsung lawsuit, no longer seeks permanent injunction

post #1 of 63
Thread Starter 
Apple on Monday filed a motion with the U.S. Court of Appeals for the Federal Circuit to drop its cross-appeal of California Judge Lucy Koh's final judgment in its patent trial against Samsung, meaning the company will no longer seek a product ban in that case.

Samsung Phones


As noted in the filing and proposed order, first spotted by FOSS Patents, Apple moves to dismiss its cross-appeal of 2012's Apple v. Samsung California trial ruling. The company filed the cross-appeal in March.

With the dismissal, Apple is effectively dropping its pursuit for a permanent injunction against 23 Samsung devices, which the company sought, but did not achieve, in its first California action against Samsung. The cross-appeal was filed after Judge Koh handed down a ruling denying Apple's renewed motion to ban the Korean company's products.

Apple's bid for a sales ban has already been denied twice. Apple was previously successful in arguing a partial appeal of Judge Koh's ruling on the matter, though the motion was ultimately quashed on remand.

Samsung counsel has agreed with Apple's motion to dismiss and will continue with its own appeal of Judge Koh's final judgment, which looks for a wholesale reversal of the jury's findings.

Apple further moves to reform the official caption of the remaining appeal (No. 2014-1335) to reflect the dismissal of Apple's cross-appeal. Counsel for Apple has conferred with counsel for Samsung Electronics Corporation, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, "Samsung") regarding the substance of this motion. Samsung does not oppose the relief requested in this motion and will not file a response.


Apple was awarded $1.05 billion from a jury decision finding Samsung guilty of infringing multiple patents, though the sum was whittled down after certain granted damages were vacated due to juror error. A retrial in November recouped $290 million, bringing the total up to $929 million.

post #2 of 63
I guess as Sammy's products aren't selling anyway it is moot.
Edited by digitalclips - 7/28/14 at 2:42pm
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post #3 of 63
The products they originally sought to have banned are all out of date and no longer being sold, so it wasn't worth Apple's time to continue.
post #4 of 63

Samsung fuckers.  They are doing exactly what they hoped, and that is to litigate their violations to death, tie it up in the slow court systems until it's no longer relevant, pay $.05 on the dollar for court costs as write it off as the cost of doing business, and sing at the bank.

Assholes.

post #5 of 63
Or Samsung actually decided to pay the licences.
post #6 of 63
It would appear Apple no longer views the devices being previously targetted by the sales ban are worthwhile, and certainly not worth the legal costs for minimal gains.

Besides, with the new iPhone 6 models on the horizon poised to just CRUSH Samsung, and Samsung's Tizen flopping before it even leaves the gate, I don't think Apple has to worry about much 1wink.gif
post #7 of 63
Quote:
Originally Posted by Fuzzypaws View Post

The products they originally sought to have banned are all out of date and no longer being sold, so it wasn't worth Apple's time to continue.

Samsung's plan all along. They got the maximum value out of their patent infringement, and it helped them rise to the top of the Android pile. By the time the case made it way through the courts, it was too late for an injection to do anything. This is the game, and Samsung knows how to play it.

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post #8 of 63
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Originally Posted by Suddenly Newton View Post

Samsung's plan all along. They got the maximum value out of their patent infringement, and it helped them rise to the top of the Android pile. By the time the case made it way through the courts, it was too late for an injection to do anything. This is the game, and Samsung knows how to play it.
Except Samsung doesn't see what's coming in the form of iOS 8 and the new iPhone 6. Their recent ads wreak of desperation, and they're like a deer in the headlights of a freight train heading right at them.

I predict fun times ahead 1wink.gif
post #9 of 63

This may also illustrate Apple's confidence in their upcoming iPhone release... :smokey:

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post #10 of 63
Quote:
Originally Posted by MagMan1979 View Post

Except Samsung doesn't see what's coming in the form of iOS 8 and the new iPhone 6. Their recent ads wreak of desperation, and they're like a deer in the headlights of a freight train heading right at them.

I predict fun times ahead 1wink.gif

I agree and of course we'll always have the fun of reading Gatorguy's re-interpretation of every fact along the way.

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post #11 of 63
Quote:
Originally Posted by SpamSandwich View Post
 

This may also illustrate Apple's confidence in their upcoming iPhone release... :smokey:


I don't see how it would be.  Samsung could do the exact same thing, copy the new iPhone again, litigate it in the court system for the next few years - just like they did before - and by 2018 (four years later) it won't matter.

post #12 of 63
Quote:
Originally Posted by sflocal View Post

Samsung fuckers.  They are doing exactly what they hoped, and that is to litigate their violations to death, tie it up in the slow court systems until it's no longer relevant, pay $.05 on the dollar for court costs as write it off as the cost of doing business, and sing at the bank.


Assholes.

I couldn't agree more. Hopefully it will all come back to bite Scamsung in its fat ass in the not too distant future. That said remember they are simply Googles front man. The real theft was by Google.
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post #13 of 63
Quote:
Originally Posted by sflocal View Post


I don't see how it would be.  Samsung could do the exact same thing, copy the new iPhone again, litigate it in the court system for the next few years - just like they did before - and by 2018 (four years later) it won't matter.

True. This is why I and many of us would love t see Apple finding alternative sources for anything Scamsung makes for Apple. That along wither falling sales and thin margins and no doubt high bribery marketing costs will all hopefully add up in pain.
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post #14 of 63
Quote:
Originally Posted by SpamSandwich View Post
 

This may also illustrate Apple's confidence in their upcoming iPhone release... :smokey:

 

Bingo.

 

Quote:
Originally Posted by sflocal View Post
 


I don't see how it would be.  Samsung could do the exact same thing, copy the new iPhone again, litigate it in the court system for the next few years - just like they did before - and by 2018 (four years later) it won't matter.

 

Wouldn't work anymore. The smartphone market has matured and there's not much more you could copy. Besides, if they were stupid enough to make something as blatant as the original Galaxy S was, then Samsung would look like fools. And Apple would likely be very successful in getting a new case to fast-track through the courts and get injunctions while they mattered.

post #15 of 63
Originally Posted by AppleInsider View Post
... Apple is effectively dropping its pursuit for a permanent injunction against 23 Samsung devices ...

 

... while laughing all the way to the bank.  

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post #16 of 63
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Originally Posted by EricTheHalfBee View Post
 

Besides, if they were stupid enough to make something as blatant as the original Galaxy S was, then Samsung would look like fools. And Apple would likely be very successful in getting a new case to fast-track through the courts and get injunctions while they mattered.

Samsung does not care to look like fools. In the end it's Apple that looked foolish, throwing all it's litigation power and coming out with a measly payout, while Samsung continues to dominate, yes dominate. Samsung will run a few more wall-hugger ads, and flood the chat-rooms with anti-Apple / pro Samsung sentiments, get someone to make another "theatre" on PBS of how horrible conditions are at Foxconn, and bob's your uncle.

If Apple could've EVER been successful in litigation it would've been with the original iPhone and then the iPad, things could've never been so cut-n-dry.

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post #17 of 63
Quote:
Originally Posted by EricTheHalfBee View Post

Bingo.


Wouldn't work anymore. The smartphone market has matured and there's not much more you could copy. Besides, if they were stupid enough to make something as blatant as the original Galaxy S was, then Samsung would look like fools. And Apple would likely be very successful in getting a new case to fast-track through the courts and get injunctions while they mattered.

The way things are going for Apple in the USA, I sincerely doubt this. Samsung would spend billions of US dollars to bribe everyone in government to prevent this from happening and not one person would blink about taking the money. The US government and court system are so corrupt there is nothing Apple could do to legally prevent Samsung from slavishly copying its technology.

Outside of court, Apple has a fighting chance. Look at the fingerprint sensors in the 5S and S5. Quality cannot be copied. Look at the entire iTunes, App Store and iBooks Store ecosystem. Samsung is desperate to duplicate it and has failed at every attempt. HomeKit, HealthKit and Continuity will not be easily duplicated by Samsung. This is where Google comes into play, but it will struggle as well since its hardware partners will not provide consistent, high quality support for the technologies. You can already see this with the rushed Nest/Samsung Thread announcement and the horrendous Android Wear products.

Moving onto CarPlay... As has been an increasing pattern with Google, it pre-announced a car initiative in attempt to be mentioned whenever Apple was mentioned. Samsung will not be able to easily copy Apple using Android and thanks to Tizen's continuing failure to make it to a smartphone and/or tablet, copying Apple will be impossible.

Samsung recently released a short film supposedly filmed solely with the S5. Unlike Apple, Samsung has not released a behind the scenes video showing how the film was shot and edited using its hardware and software.

The future is looking great for Apple! Congratulations to Tim Cook for leading one of the most compelling corporate blatant copy prevention stories of the decade!! As the new iPhones hit the market later this year, there will be nothing Samsung can do to stop Apple from crushing its wind pipe in the consumer and business markets.
post #18 of 63
Quote:
Originally Posted by SockRolid View Post
 

 

... while laughing all the way to the bank.  

Apple's laughing their way to the bank, Samsung's laughing their way to the bank, the lawyers are laughing their way to the bank, AI's laughing their way to the bank (thanks to clickbait headlines)...

 

Is there anyone who isn't laughing their way to the bank?

post #19 of 63
Quote:
Originally Posted by MagMan1979 View Post

Their recent ads wreak of desperation...

I don't know about you, when I wreak, it's usually havoc; otoh, if it's desperation, I reek of it..... 1tongue.gif
post #20 of 63
Quote:
Originally Posted by sflocal View Post
 

Samsung fuckers.  They are doing exactly what they hoped, and that is to litigate their violations to death, tie it up in the slow court systems until it's no longer relevant, pay $.05 on the dollar for court costs as write it off as the cost of doing business, and sing at the bank.

Assholes.

Calm down...Samsung is in desperation for innovation on new handsets to make some profit. Apple just feels that Samsung is nothing but a bottom feeder for whatever left while Apple take a big portion on top. It comes to the point that Apple don't give sh.t about Samsung anymore. You are welcome to copy my innovation, but can you do it better? you can't fool customers. It's like Tesla now to let others use their patents...but can anyone make the car better than Tesla?


Edited by fallenjt - 7/28/14 at 4:22pm
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post #21 of 63
Originally Posted by Tiago Matos View Post
Or Samsung actually decided to pay the licences.

 

We need more comedians on the site.

 

Originally Posted by digitalclips View Post
Hopefully it will all come back to bite Scamsung in its fat ass in the not too distant future.


Kim Jong Un is looking like he’s going to throw a tantrum...

post #22 of 63
Quote:
Originally Posted by bloggerblog View Post

Samsung does not care to look like fools. In the end it's Apple that looked foolish, throwing all it's litigation power and coming out with a measly payout, while Samsung continues to dominate, yes dominate. Samsung will run a few more wall-hugger ads, and flood the chat-rooms with anti-Apple / pro Samsung sentiments, get someone to make another "theatre" on PBS of how horrible conditions are at Foxconn, and bob's your uncle.
If Apple could've EVER been successful in litigation it would've been with the original iPhone and then the iPad, things could've never been so cut-n-dry.

You do know that Samsung report revenue is down 10% this quarter and profits down 25%.
While Apple showed 20% EPS growth while making double the profit of Samsung (mobile division)

All this while Samsung just released their flagship phone while Apples flagship is 9 months old.

Samsung is not dominating. Apple is.
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post #23 of 63
Quote:
Originally Posted by sog35 View Post

You do know that Samsung report revenue is down 10% this quarter and profits down 25%.
While Apple showed 20% EPS growth while making double the profit of Samsung (mobile division)

All this while Samsung just released their flagship phone while Apples flagship is 9 months old.

Samsung is not dominating. Apple is.

Exactly!
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post #24 of 63
Quote:
Originally Posted by bloggerblog View Post
 

Samsung does not care to look like fools. In the end it's Apple that looked foolish, throwing all it's litigation power and coming out with a measly payout, while Samsung continues to dominate, yes dominate.

 

In what universe do you live in where selling half as many phones as Apple is "dominating"?

post #25 of 63
Quote:
Originally Posted by MagMan1979 View Post

Except Samsung doesn't see what's coming in the form of iOS 8 and the new iPhone 6. Their recent ads wreak of desperation, and they're like a deer in the headlights of a freight train heading right at them.

I predict fun times ahead 1wink.gif
But samsungs had all that for years¡
post #26 of 63
Quote:
Originally Posted by DarkLite View Post
 

Apple's laughing their way to the bank, Samsung's laughing their way to the bank, the lawyers are laughing their way to the bank, AI's laughing their way to the bank (thanks to clickbait headlines)...

 

Is there anyone who isn't laughing their way to the bank?


BlackBerry, Microsoft (Windows Phone team), Nokia, LG, HTC.

Did I leave anybody out of the sad-face-in-mobile party?

Pretty sure I did.

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post #27 of 63
Originally Posted by bloggerblog View Post
 

Samsung does not care to look like fools. In the end it's Apple that looked foolish, throwing all it's litigation power and coming out with a measly payout ...

 

Samsung spent billions to kill off all other serious Android competitors. 

It worked.  They're all gone.  Not even Google's Nexus sells in any quantity.

And Amazon's fork of Android serves only one purpose: to ring up sales for Amazon.

 

You could argue that Apple's lawsuit against Samsung didn't just get them $1.05 billion.

It also fired a warning shot heard 'round the world by all would-be Android hardware copycats.

Apparently Xiaomi is hoping the (corrupt) Chinese government will protect them somehow.

Or maybe Apple will let Xiaomi eat Samsung's sales from the bottom up.

Because only a fool would mistake a Mi Phone for an iPhone.

And only a cheapskate would intentionally buy a Mi Phone instead of a real iPhone.

And cheapskates are outside Apple's target demographic.

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post #28 of 63

IMO no big deal for Apple.

 

Water under the bridge.  Lets face it.  There was always going to be a big competitor against the iPhone in the Android camp.  It just so happened to be Samsung.  If Samsung did not copy the iPhone probably HTC or Nokia would have been the prime Android vendor.  Regardless there was no way Apple could have dominated much more than how they already had.  

 

IMO, Samsung's success was more to do with large screen sizes than copying the iPhone.  Also Samsung unrelenting marketing to the weak minded and uneducated.  Sure having a touch screen was an amazing idea but I don't think Apple could have stopped others from doing it.

 

So the bottom line is Apple pushed this in the legal forum and Samsung wasted a bunch of money and mind share (don't think for one second that many were not turned off by Samsung's scummy ways and the hit they took for being found guilty of being a copycat).  It also forced Samsung to innovate (LOL!) to save face.  Thus Samsung brought one horrible smartwatch after the other.  All failures.  All in response to this lawsuit and it back fired.  It proved beyond a doubt that Samsung cannot innovate.  Apple does not need more settlement money.  Their chief aim was to damage the Samsung brand and to deter other companies in the future (most which won't have the cash to defend as long as Samdung did) from blatant copying.

 

Looking at recent financial results it is clear that Samsung is hurting.

They are selling less of their flagship phones than in 2012.  Chinese companies are killing them on the bottom end and their tablets are rotting on shelves.  As it stands right now Apple has no competitor who can stand up to the iPhone6 that will total crush the high end market.   The lawsuit forced Samsung to prove their innovation and they absolutely failed on so many counts that even the anti-Apple media can no longer push the agenda that Samsung is more innovative than Apple.  


Edited by sog35 - 7/28/14 at 5:56pm
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post #29 of 63
Quote:
Originally Posted by SockRolid View Post
 

 

Samsung spent billions to kill off all other serious Android competitors. 

It worked.  They're all gone.  Not even Google's Nexus sells in any quantity.

And Amazon's fork of Android serves only one purpose: to ring up sales for Amazon.

 

You could argue that Apple's lawsuit against Samsung didn't just get them $1.05 billion.

It also fired a warning shot heard 'round the world by all would-be Android hardware copycats.

Apparently Xiaomi is hoping the (corrupt) Chinese government will protect them somehow.

Or maybe Apple will let Xiaomi eat Samsung's sales from the bottom up.

Because only a fool would mistake a Mi Phone for an iPhone.

And only a cheapskate would intentionally buy a Mi Phone instead of a real iPhone.

And cheapskates are outside Apple's target demographic.

 

Great points.

 

All the lawsuit did was accelerate the commoditization of Android.

Samsung is selling less top end phones than in 2012 and their profits have been falling.

 

Now that Samsung got away with copying it looks like all the other Android makers are copying each other and are forced to compete on price.  In  12-18 months I think the high end Android market will all be but extinct.  Why spend $650 for a copycat Samsung phone when you can buy a copycat Chinese phone that looks exactly the same for $200?

 

But those who are educated know that things like ecosystem, build quality, resale value, customer service, app quality cannot be so easily copied.  

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post #30 of 63

well that was a complete waste of time...

post #31 of 63
The amount of optimism on this thread is funny.

last month it was "crush sammy!"

today it's "who cares? sammy isn't important"

Apple should have completely annihilated Sammy.
post #32 of 63
Quote:
Originally Posted by cali View Post

The amount of optimism on this thread is funny.

last month it was "crush sammy!"

today it's "who cares? sammy isn't important"

Apple should have completely annihilated Sammy.

 

Sammy is getting annihilated.

 

Revenue down 10% in June Quarter which should be their best quarter because its the first full quarter of their flagship S5

Profit down 24% in this 'strongest' quarter

Samsung S5 out sold by the 'lowly' iPhone5C

The 9 month old iPhone5S is out selling the brand new Samsung 5S by 60%

Profits at Samsung are down to 2012 levels

Chinese phones are killing Samsung's mid/low end phones (and probably high end also)

Estimated high end Samsung phones for 2014 is 80 million while Apple is 170 million.

 

Because of the law suit Samsung has lost a ton of swagger.

They are no longer viewed as innovative because they were found guility of copying.

Thus they got desperate and tried to prove their innovation with 3 horrible smart watches, a useless fingerprint scanner, and a pathetic jumbo tablet.

 

The main thing is Samsung's name brand has been DAMAGED.

Not even the most anti-Apple critic will call Samsung an innovative company right now.

Look back 18 months ago and every Wall Street hack was calling Samsung the next wave of innovation.  Not anymore.

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post #33 of 63
Quote:
Originally Posted by agramonte View Post
 

well that was a complete waste of time...

 

It was never about getting a big settlement.  No way any court will award a company $10B 

 

The main goal was to tarnish Samsung's Brand.

 

MISSION ACCOMPLISHED

 

Samsung was found guilty of copying.

Samsung got desperate and tried to prove their innovation by release 3 horrible smart watches.

No one views Samsung as innovative now.  No one.

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post #34 of 63
Quote:
Originally Posted by EricTheHalfBee View Post

In what universe do you live in where selling half as many phones as Apple is "dominating"?

In the universe of Android manufacturers. Have you not seen how much more Samsung sells than the next nearest competitor?
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post #35 of 63
Quote:
Originally Posted by dasanman69 View Post


In the universe of Android manufacturers. Have you not seen how much more Samsung sells than the next nearest competitor?

 

Estimated high end Samsung phones sales for 2014 - 80 million

Estimated high end iPhones sales for 2014 - 170 million

 

Samsung can continue to sell 100 million $200 phones if they want to.

Actually they won't since the Chinese makers are eating there lunch lately.  

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post #36 of 63
Quote:
Originally Posted by sog35 View Post

Estimated high end Samsung phones sales for 2014 - 80 million
Estimated high end iPhones sales for 2014 - 170 million

Samsung can continue to sell 100 million $200 phones if they want to.
Actually they won't since the Chinese makers are eating there lunch lately.  

Except I said Android manufacturers. Show me Motorla's, LG's, and HTC's numbers.
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post #37 of 63
Quote:
Originally Posted by dasanman69 View Post


Except I said Android manufacturers. Show me Motorla's, LG's, and HTC's numbers.

 

those all make $0

 

dominating a crappy platform is not dominating.

 

Apple makes 70% of the profits in the entire industry

 

go buy a Samdung Universe S9 and report to us next week

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post #38 of 63
Quote:
Originally Posted by sog35 View Post

those all make $0

dominating a crappy platform is not dominating.

Apple makes 70% of the profits in the entire industry

go buy a Samdung Universe S9 and report to us next week

Seriously are you like 15 yrs old? You can be so knowledge at times, and sound absolutely foolish on others.

Btw "dominating a crappy platform is not dominating" is contradictory. It may not be dominating to your liking, but that doesn’t mean that they're not.
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post #39 of 63
Quote:
Originally Posted by dasanman69 View Post

Seriously are you like 15 yrs old? You can be so knowledge at times, and sound absolutely foolish on others.

Btw "dominating a crappy platform is not dominating" is contradictory. It may not be dominating to your liking, but that doesn’t mean that they're not.

Sorry about the joke about buying a samdung.

Imo one of the android makers would 'dominate' the platform. If it wasnt Samsung it would have been HTC, Sony, or Nokia. Samsung was just lucky that stumbled on making huge screens. Either way Apple was not going to get 80% market share. There will always be a large segment of the population that gets fooled by the flashy and highly advertised product. Or those who simply cant afford or wont pay for a premium phone. The problem is Samsungs strategy of copying Apple has hit a brick wall because of innovations that are very hard to copy - touchID, A7, iOS, and ecosystem. I predict in 2 years or less Samsung will sell half the amount of phones they sold in 2013. Apple will steal about 20% of there market share and the cheap Chinese phones will steal the rest.
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post #40 of 63
It seems to me that Apple is right not to pursue this, even apart from the fact that the products at issue are no longer being made. Samsung is circling the drain in high end mobile. Most of what they sell, sells because it's cheap; and those buyers have no loyalty to Samsung. Most of the buyers of the high end Galaxy phones are with Samsung because they hate Apple but can't stomach Win Ph8. If something better comes along, they're gone too.

The fun will really start after Apple releases the iWatch. Will the next Samsung Galaxy Smart Watch still look like a late '70s digital watch, that they so boldly brought to market, 'leading the industry', or will it look like a cheap copy of the iWatch?
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AppleInsider › Forums › General › General Discussion › Apple drops cross-appeal of final judgment in Samsung lawsuit, no longer seeks permanent injunction