Apple heats up legal battle against Samsung with new ITC complaint

Posted:
in General Discussion edited January 2014
Apple has filed a U.S. trade complaint against Samsung in hopes of blocking the import of the company's Galaxy S phone and Galaxy Tab touchscreen tablet as the legal dispute between the two companies ramps up.



The new filing comes days after the Cupertino, Calif.-based company asked a federal court to bring sales of the aforementioned devices to a standstill in the U.S. The complaint was lodged with the U.S. International Trade Commission on Tuesday, countering patent infringement claims made by Samsung to the ITC last week in an attempt to block imports of Apple?s iPhone and iPad.



?Samsung has followed each of Apple?s groundbreaking products with imitation products that incorporate Apple?s technology and distinctive design,? Apple wrote in the complaint. If the commission decides to pursue an investigation, the case will be heard in 15 to 18 months.



Apple and Samsung began their legal dispute back in April when Apple accused the Korean electronics giant of copying the look and feel of its devices. The disagreement has since spread to courts in four countries (1, 2). During the case?s proceedings, Apple was granted a request to see copies of Samsung?s unreleased products, while a counter-claim from Samsung was denied.



In addition to competing with the company in the smartphone and tablet markets, Samsung serves as one of Apple?s key component partners, supplying chips for most of their leading products. Given the two close partnership between the two companies, some analysts have been surprised by the intensity of their legal disagreement.



?It has become very public and very ugly, very quickly,? Bloomberg reported Gleacher & Co. analyst Brian Marshall as saying. ?They?re just going after each other?s throats.?



Marshall believes that an import ban on Samsung?s devices is doubtful and predicts that both companies will eventually reach a settlement and cross-licensing deal. According to the analyst, Apple ?may not have a choice? in licensing its intellectual property to Samsung, which has a number of patents Apple needs.



As tensions between the two companies have mounted, some have speculated that Apple plans to reduce its reliance on its rival. Recent rumors suggest the iPhone maker will go with Taiwan Semiconductor Manufacturing Company instead of Samsung for its ?A6? chip in 2012. Meanwhile, Samsung is restructuring its component operations and could be planning to spin off its semiconductor and LCD business to avoid a conflict of interest.
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Comments

  • Reply 1 of 37
    dave k.dave k. Posts: 1,306member
    I still don't understand Apple motives here. Do they honestly think they will be successful in their efforts? What am I missing?
  • Reply 2 of 37
    solipsismsolipsism Posts: 25,726member
    And with MS beating at Samsung's door for $15 per Android-based handset Samsung is getting it from all angles. But that's not necessarily a bad thing as it does mean Samsung is being very successful in order to be such a big target.





    Quote:
    Originally Posted by Dave K. View Post


    I still don't understand Apple motives here. Do they honestly think they will be successful in their efforts? What am I missing?



    Specifically what they are asking for here? Probably not, but It's all part of the overall process.
  • Reply 3 of 37
    galbigalbi Posts: 968member
    Can we get some source materials in this joint?



    I'm actually surprised to see absolutely no source material in the forums?



    Does Apple insider have their own team of journalists that report (first hand) about these events?



    I suspect these information are coming from secondary sources. The least you could do is give them some credit.
  • Reply 4 of 37
    gatorguygatorguy Posts: 22,826member
    Apple may have had a point once upon a time. Wherever it was, it's now lost, with the picture now becoming tiresome. They're acting more like a spoiled child IMHO..
  • Reply 5 of 37
    chabigchabig Posts: 640member
    Quote:
    Originally Posted by Gatorguy View Post


    Apple may have had a point once upon a time. Wherever it was, it's now lost, with the picture now becoming tiresome. They're acting more like a spoiled child IMHO..



    A spoiled child that doesn't want his stuff stolen.
  • Reply 6 of 37
    anantksundaramanantksundaram Posts: 20,172member
    Quote:
    Originally Posted by Dave K. View Post


    I still don't understand Apple motives here. Do they honestly think they will be successful in their efforts?



    Yes..
  • Reply 7 of 37
    anantksundaramanantksundaram Posts: 20,172member
    Quote:
    Originally Posted by Gatorguy View Post


    They're acting more like a spoiled child IMHO..



    I don't understand this analogy. In what way is Apple like a 'spoiled child'? Spoiled by whom? When?
  • Reply 8 of 37
    pokepoke Posts: 506member
    Quote:
    Originally Posted by Dave K. View Post


    I still don't understand Apple motives here. Do they honestly think they will be successful in their efforts? What am I missing?



    Maybe they don't like people ripping off their products?
  • Reply 9 of 37
    tallest skiltallest skil Posts: 43,399member
    Quote:
    Originally Posted by Dave K. View Post


    I still don't understand Apple motives here.



    You have absolutely no right to make your product look so much like mine.



    Quote:

    Do they honestly think they will be successful in their efforts?



    Yes.



    Quote:

    What am I missing?



    That they've won this sort of thing in the past so well that said losing company was bankrupted.
  • Reply 10 of 37
    anantksundaramanantksundaram Posts: 20,172member
    Quote:
    Originally Posted by solipsism View Post


    And with MS beating at Samsung's door for $15 per Android-based handset Samsung is getting it from all angles. But that's not necessarily a bad thing as it does mean Samsung is being very successful.....



    It is certainly easier than more difficult to be 'successful' if one didn't have to come up with one's own IP or spend a lot of time and resources coming up with it.



    (I am not suggesting that I know anything about the specific IP issues here, just making a general observation.)
  • Reply 11 of 37
    mdriftmeyermdriftmeyer Posts: 7,501member
    Quote:
    Originally Posted by Dave K. View Post


    I still don't understand Apple motives here. Do they honestly think they will be successful in their efforts? What am I missing?



    Patents infringed upon must be legally defended or they will become useless.
  • Reply 12 of 37
    SpamSandwichSpamSandwich Posts: 33,408member
    Quote:
    Originally Posted by Gatorguy View Post


    Apple may have had a point once upon a time. Wherever it was, it's now lost, with the picture now becoming tiresome. They're acting more like a spoiled child IMHO..



    Don't let a lack of understanding of infringement issues get in the way of a good ole snarky comment. Ignorance is always the best policy.
  • Reply 13 of 37
    gatorguygatorguy Posts: 22,826member
    Quote:
    Originally Posted by anantksundaram View Post


    I don't understand this analogy. In what way is Apple like a 'spoiled child'? Spoiled by whom? When?



    The newer claims are bordering silly IMO. The Galaxy Tabs would never be confused for iPads, not even the menu screens having any similarity to the iPad's splash screen. But that appears to matter not to Apple. They're screaming "mine, mine, give it back" louder than ever. Personally it looks like they've decided on the courts as another marketing arm.



    They're losing my sympathy. In the beginning I felt that had a valid complaint with certain specific phones. Just my take on it.
  • Reply 14 of 37
    anantksundaramanantksundaram Posts: 20,172member
    Quote:
    Originally Posted by Gatorguy View Post


    The newer claims are bordering silly IMO. The Galaxy Tabs would never be confused for iPads, not even the menu screens having any similarity to the iPad's splash screen. But that appears to matter not to Apple. They're screaming "mine, mine, give it back" louder than ever. Personally it looks like they've decided on the courts as another marketing arm.



    They're losing my sympathy. In the beginning I felt that had a valid complaint with certain specific phones. Just my take on it.



    How did you conclude that, in the case of Tabs, Apple's complaint had anything to do with "menu screens"?



    The complaint talks about "technology" and "distinctive design".
  • Reply 15 of 37
    mdriftmeyermdriftmeyer Posts: 7,501member
    People need to get it through their head that ``software'' patents are software designs that interact with hardware. They aren't actual algorithms but a specific software/hardware inter-connective relationship.



    Design Patents are just that.
  • Reply 16 of 37
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by Gatorguy View Post


    The newer claims are bordering silly IMO. The Galaxy Tabs would never be confused for iPads, not even the menu screens having any similarity to the iPad's splash screen. But that appears to matter not to Apple. They're screaming "mine, mine, give it back" louder than ever. Personally it looks like they've decided on the courts as another marketing arm.



    They're losing my sympathy. In the beginning I felt that had a valid complaint with certain specific phones. Just my take on it.



    Apple is on point and showing the same focus since they started. Samsung not so much.
  • Reply 17 of 37
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by anantksundaram View Post


    It is certainly easier than more difficult to be 'successful' if one didn't have to come up with one's own IP or spend a lot of time and resources coming up with it.



    (I am not suggesting that I know anything about the specific IP issues here, just making a general observation.)



    Sound observation. Samsung may have known from the start they can't win against Apple but factored the payout as being far less than the potential gain. That is not uncommon in business.
  • Reply 18 of 37
    nkalunkalu Posts: 315member
    This is getting really ugly. A cross-licensing deal will be a good option to ending this mess.

    I totally support Apple in this battle.
  • Reply 19 of 37
    gwydiongwydion Posts: 1,083member
    Quote:
    Originally Posted by solipsism View Post


    Sound observation. Samsung may have known from the start they can't win against Apple but factored the payout as being far less than the potential gain. That is not uncommon in business.



    So, you're sure that Samsung is guilty,



    Quote:
    Originally Posted by solipsism View Post


    Samsung not so much.



    Why is not in focus? And why does it matter for the trial?
  • Reply 20 of 37
    majjomajjo Posts: 574member
    I agreed with Apple's claims when it went against the Galaxy S lineup. However, when they started adding phones that bare no resemblance to the iPhone, hardware or software wise, then I felt that they were just grasping at straws.



    Honestly, I think Samsung has the upper hand here. From what I've read, Samsung has patents that apple needs, and if they pull out of their component business, it would hurt Apple more than Samsung considering that a) Apple is supply-constrained as it is, and I don't think anyone else has the excess capacity to match what they were getting from Samsung, and b) Other companies would likely gobble up most, if not all, of the capacity Apple had from Samsung.
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