Samsung seeking German injunction against Apple's 3G products in Germany

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Comments

  • Reply 21 of 32
    Quote:
    Originally Posted by tundraBuggy View Post


    Wow, you have a knack for stating the obvious! You must be the only guy that knows there are Samsung components in Apple devices.....great sleuthing Einstein. How about this, Apple pays for those parts, do you feel it gives Samsung the right to outright copy Apple?



    But I thought you're done with Samsung products? The A4 and A5 processors, as well as certain flash memories were all Samsung-manufactured products. By knowingly buying Apple's iDevices, you are indirectly supporting Samsung in their quest to copy everything Apple.



    Why do you hate Apple so? Why are you supporting Samsung in their quest to become the largest conglomerate corporation in the world?
  • Reply 22 of 32
    Do you ever believe Samsung will want an injunction on Apple and then face heavy fines from European Commission?



    They were really happy to let Apple not pay them all these years. Their sole goal seems to frustrate Apple by all these tactics.



    Probably the main reason they have filed patent suits in so many countries. Some court will ask Apple to handle source code (they have already given source code in Australia), some will ask Apple to depose their top personnel, etc etc, end result being increased frustration for Apple.



    Samsung has already started diverging from Apple designs in their new products ( Galaxy nexus, etc), none of their recent products is having bouncing animation ,etc.



    By the time these lawsuits end,whether it wins or not, Apple would already have achieved what it wanted i.e Samsung and Other OEM's products having different enough designs and UIs. But it will also ensure,in the wake of all these discomfort/frustrations, that Apple will think multiple times before suing Samsung in future, especially with Steve gone.
  • Reply 23 of 32
    gatorguygatorguy Posts: 24,354member
    Quote:
    Originally Posted by simpleankit View Post


    Do you ever believe Samsung will want an injunction on Apple and then face heavy fines from European Commission?



    They were really happy to let Apple not pay them all these years. Their sole goal seems to frustrate Apple by all these tactics.



    According to the latest FOSSPatents news, Samsung appears to have a case and and may succeed in getting an injunction on offending Apple products in Germany.



    To quote "The presiding judge was not particularly receptive to Apple's FRAND defense. Unlike the Dutch judge who told Samsung that there was no case for an injunction since it failed to make an offer to Apple on FRAND terms, the Mannheim judge cited the Orange Book decision of The Federal Court of Justice of Germany and stressed that a party requiring a license to standards-essential patents is responsible for obtaining one, and has to make an offer to the patent holder."



    http://fosspatents.blogspot.com/2011...junctions.html



    I suspect I may get a few more members agreeing with my view of Florian Mueller.
  • Reply 24 of 32
    hill60hill60 Posts: 6,992member
    Quote:
    Originally Posted by Gatorguy View Post


    According to the latest FOSSPatents news, Samsung appears to have a case and and may succeed in getting an injunction on offending Apple products in Germany.



    To quote "The presiding judge was not particularly receptive to Apple's FRAND defense. Unlike the Dutch judge who told Samsung that there was no case for an injunction since it failed to make an offer to Apple on FRAND terms, the Mannheim judge cited the Orange Book decision of The Federal Court of Justice of Germany and stressed that a party requiring a license to standards-essential patents is responsible for obtaining one, and has to make an offer to the patent holder."



    http://fosspatents.blogspot.com/2011...junctions.html



    I suspect I may get a few more members agreeing with my view of Florian Mueller.



    So once Samsung collects license fees from Infineon/Qualcomm and then Apple they can come after end users and phone networks as they are using the patents too.



    It looks like 3G standards will start falling apart thanks to the laziness and lack of innovation of Motorola and Samsung.



    Maybe Apple should hit back with their H.264 patents if there's no point in having standards.
  • Reply 25 of 32
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by Gatorguy View Post


    According to the latest FOSSPatents news, Samsung appears to have a case and and may succeed in getting an injunction on offending Apple products in Germany.



    To quote "The presiding judge was not particularly receptive to Apple's FRAND defense. Unlike the Dutch judge who told Samsung that there was no case for an injunction since it failed to make an offer to Apple on FRAND terms, the Mannheim judge cited the Orange Book decision of The Federal Court of Justice of Germany and stressed that a party requiring a license to standards-essential patents is responsible for obtaining one, and has to make an offer to the patent holder."



    http://fosspatents.blogspot.com/2011...junctions.html



    That's a silly argument. First, we don't know that Apple hasn't made an offer to Samsung at this stage. That evidence wouldn't be in Samsung's filing for a preliminary injunction.



    Furthermore, it's too easy to get around:



    Quote:

    Dear Samsung,



    We will give you $.01 per device for a perpetual license to your FRAND patents.



    Your buddy,



    Apple



    Problem solved.



    There's also the issue that what the judge is proposing is not standard practice anywhere in the world that I'm familiar with (Germany may be an exception so I won't say he's wrong). In everywhere based on English Common Law, at least, it is up to the infringed party to notify the infringer, not the other way around.
  • Reply 26 of 32
    All you apple fans are like citizens of a communist nation, where people are brainwashed and kept ignorant. The diffference is, you guys choose not to look outside of apple. The people of a commuunist country are forced not to. So which is worse? It's just a sad reality isn't it
  • Reply 27 of 32
    Quote:
    Originally Posted by The Mock Turtleneck View Post


    But I thought you're done with Samsung products? The A4 and A5 processors, as well as certain flash memories were all Samsung-manufactured products. By knowingly buying Apple's iDevices, you are indirectly supporting Samsung in their quest to copy everything Apple.



    Why do you hate Apple so? Why are you supporting Samsung in their quest to become the largest conglomerate corporation in the world?







    Lots of people invest in these secondary companies, like Samsung. They might realize, for example, that it doesn't matter if Dell sells a lot of computers, or if HP sells a lot of computers, or if Gateway sold a lot of computers, because they were invested in Intel. Same thing with Alta Vista VS Yahoo Vs Google - they invested in Cisco.





    These days, lots and lots of companies like Apple depend on Samsung for their parts. Without Samsung, they would have trouble making their devices, because Samsung has capabilitites matched by few others.



    Every Apple product anybody ever buys enriches Samsung.
  • Reply 28 of 32
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by ConradJoe View Post


    Every Apple product anybody ever buys enriches Samsung.



    Really? When I buy Mac OS X, what portion of that goes to Samsung? Or Pages? Or iTunes content?



    Even from a hardware side, what does Samsung get from a Magic Mouse sale?



    And even for Apple's more expensive products, it would be interesting to see you put out a list of what Samsung products are in an iPod Classic, for example. Or perhaps a Mac Pro.



    Please stop commenting on things you don't understand.
  • Reply 29 of 32
    [QUOTE=Gatorguy;1986564]According to the latest FOSSPatents news, Samsung appears to have a case and and may succeed in getting an injunction on offending Apple products in Germany.



    To quote "The presiding judge was not particularly receptive to Apple's FRAND defense. Unlike the Dutch judge who told Samsung that there was no case for an injunction since it failed to make an offer to Apple on FRAND terms, the Mannheim judge cited the Orange Book decision of The Federal Court of Justice of Germany and stressed that a party requiring a license to standards-essential patents is responsible for obtaining one, and has to make an offer to the patent holder."



    Samsung, Motorola and Google appear to be playing a very dangerous game.



    Following complaints from Apple, Samsung is already under investigation by the European Commission for breach of FRAND "Fair, Reasonable And Non-Discriminatory" licensing conditions. It appears that Motorola will also soon be under the same investigation, because this week they obtained a German injunction involving FRAND.



    It appears evident that Google (the moving hand behind Motorola and partner of Samsung) is also part of this cartel ganging up in a discriminatory manner against Apple. Who else are these trust breakers suing for breach of these FRAND patents?



    These companies are acting in precisely the opposite way they are supposed to under FRAND requirements, in what appears to be deliberate, blatant anti-trust conduct of the most agregious kind (as Apple describes it). The EU Commission who have enormous power, can impose fines of 10% of a company's annual turnover and issue directives which will overrule local Courts, like in Mannheim. Additionally, Apple may be able to claim enormous damages. Additionally, once the EU Commission finds serious anti-trust conduct, other jurisdictions such as the USA will be able to take similar action against the culprits. No government takes kindly to such anti-trust conduct.



    Google could be in particular hot water, because they are a serial offender. They have already been found guilty of anti-trust behaviour by European countries. by the EU Commission and are under at least one other ongoing investigation.



    They have tried to keep in the background, but Motorola may be their Achilles heel, because they are acquiring the company. It is almost certain that in the terms of the takeover agreement are conditions which require Motorola to obtain Google's consent for any binding agreements, legal actions or settlements, copies of which the EU Commission will be able to obtain, notwithstanding any confidentiality agreements. The takeover itself may become subject of an EU investigation.



    Allowing Motorola to obtain an injunction against Apple based on FRAND. as happened last week, may be a masterstroke by Apple because it ties both Motorola and Google into the investigation.
  • Reply 30 of 32
    Quote:
    Originally Posted by tundraBuggy View Post


    You are absolutely 100 percent wrong, keep drinking that Samsung Koolaid troll.

    I'm done with Samsung products too.



    like you have a choice?



    Samsung #1 customer: Sony #2: Apple, #3: HP, followed by Dell, Verizon, etc, etc.. Unless you are ready to live out in the wild, you can't really escape Samsung's reach.
  • Reply 31 of 32
    adamcadamc Posts: 583member
    Can you link me to Apple that they claimed they invented the GUI get they bought from Xerox PARC.



    They didn't invent the smart phone but they were the first movers whereas the rest were copycats.



    Btw Apple didn't claimed the stuffs you mentioned as invented by them but widely claimed by iHaters that they did.
  • Reply 32 of 32
    In all tit for tat wars there is always collateral damage.

    That Adobe spat does means much web content is diminished, even though the new chips are now a match for Flash.



    Not all of us use APPS.
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