In theory, the court system could award damages that would compensate Apple and would be high enough to stop future infringement, but that's slow, too, and the damages awarded were only a small fraction of Samsung's profits from infringing, so there's really not much incentive to stop the infringement.
Because of the time it takes to get an import ban rendering banned products obsolete (or)
in case of damage payout's the paid out amount is a small percentage of the total profit made from the device in question, Samsung would still keep infringing and wont ever have the need to stop.
Irrespective of this, there's damage being done on Samesung's reputation. People do see that they are getting banned. Don't you think that would negatively impact sales of there non-banned phones too ? The consumers obvious question would be , "Should I buy this phone, who knows if its gonna get banned sooner or later in the country, meaning ill end up loosing support for the device in the future".
U.S. patent law is such nonsense - this rubbish could go on for the next century and achieve absolutely nothing (except spending a colossal amount on lawyers and not on innovation).
Yeah. Apple's competitors have been the cutting-edge innovators in this business...... /s
Pointless if some really old model's are being banned.
I haven't found a list of what all is included in the ban, but you can be certain that they're old models. It's not pointless for Apple if they can land a ban though. If this ban goes into effect, expect a LOT more lawsuits coming from Apple's corner. They will most certainly expand their sights to newer Android devices and try to get them banned as well.
Yes, but the S4 wasn't out when this case was started, so it's not included. Furthermore, Samsung claims that they have a workaround so Apple can't automatically add the S4 to the list of infringing devices.
Apple will have to file a separate case against the S4 (or maybe they've already done so), prove that the S4 infringes, and then get it banned. The process is slow enough that devices are already obsolete before they get banned.
In theory, the court system could award damages that would compensate Apple and would be high enough to stop future infringement, but that's slow, too, and the damages awarded were only a small fraction of Samsung's profits from infringing, so there's really not much incentive to stop the infringement.
I'd say that these lawsuits have been very effective. Samsung did change the SGS 3 so it didn't look so much like a iPhone even before they lost. I believe that they have indeed taken some steps in the right direction at least at least when it comes to the design patents (and isn't that what you've always said was the point of the lawsuits?) The utility patents are of course a different story. Some might say this is too late but I don't agree, it will ensure that Samsung and anyone else to think twice about infringing on Apple's patents.
I'd say that these lawsuits have been very effective. Samsung did change the SGS 3 so it didn't look so much like a iPhone even before they lost. I believe that they have indeed taken some steps in the right direction .... blah blah
It's irrelevant if the initial copying is what enabled them to gain the share, hence the revenue, and hence the funds to make the subsequent cosmetic changes, instead of spending the resources required to innovate (or pay for licenses) up front -- don't you think?
Yeop its a possibility that retail outlets might drop prices of the phones to sell it before landing a ban.
Or when the ban goes into effect they'll have to push all there inventory into the gray / black market.
Still too early to judge though.
Don't be surprised if it's business as usual at the local retailers. Getting a ban and enforcing a ban are 2 very different things. I'm sure the local police department has other things to do than to run up inside cell phone stores to make sure they're not selling a banned device.
It's irrelevant if the initial copying is what enabled them to gain the share, and hence revenue, and hence the funds to make the subsequent cosmetic changes, instead of their spending the resources required to innovate (or pay for licenses) up front.
I'd agree if we all didn't have a good laugh at their dismal sales reports. Their sales didn't improve until the SGS 3 which at least design wise didn't infringe.
Samsung provided The Verge with the following statement on today's decision:
We are disappointed that the ITC has issued an exclusion order based on two of Apple’s patents. However, Apple has been stopped from trying to use its overbroad design patents to achieve a monopoly on rectangles and rounded corners. The proper focus for the smartphone industry is not a global war in the courts, but fair competition in the marketplace. Samsung will continue to launch many innovative products and we have already taken measures to ensure that all of our products will continue to be available in the United States.
Apple's statement can be read below:
With today's decision, the ITC has joined courts around the world in Japan, Korea, Germany, Netherlands and California by standing up for innovation and rejecting Samsung's blatant copying of Apple's products. Protecting real innovation is what the patent system should be about.
This decision has no effect on me. I don't own any Samsung or Apple stock so I have nothing to gain/lose financially from this. None of my Apple devices will change functionality since this decision either.
So why am I feeling so happy?
Simple. Just knowing how many trolls, haters and other useless posters in countles forums around the world are going to be fuming over this all weekend long kinda brings a smile to my face. It's hot and sunny here and I'm spending the weekend with my kids. So much better than raging over something that doesn't affect you, yet that doesn't stop so many people from letting it ruin their weekend.
The ITC ban does target older or discontinued products but that is not what Apple was aiming for. Apple wanted an ITC ruling in place on the infringement of the two patents. With an ITC ruling/ban in place, Apple could ask the ITC to ban additional and new Samsung products that are still on the market and all it has to do is show that these products are infringing on the two patents.
The following comment by Florian Muller at FOSSPatents.com supports this view:
ITC import bans are not limited to the exemplary infringing products at issue in an investigation, which are typically rather old. They broadly prohibit any violations committed through the importation of infringing goods by a respondent [SAMSUNG].
Don't be surprised if it's business as usual at the local retailers. Getting a ban and enforcing a ban are 2 very different things. I'm sure the local police department has other things to do than to run up inside cell phone stores to make sure they're not selling a banned device.
Oh the local police wont have to bend a muscle to get that done. Apple will have there own people get in and out of every store, to report people selling banned devices
For all I know, the Apple Fan Base will chip in to that as well
It's time to admit defeat and stop photocopying!! Although you have a contingency plan by switching your Galaxy S line-up to the "Tizen" OS that you and Intel are big contributors to, I would keep looking for other alternatives to get out of this mess. Why?! Samsung and Intel are more of hardware companies; and do not have as much software development experience as Apple and Google do.
Tim Cook also said he hates litigation -- do as I say, not as I do.
Obama just signed into law the Patent Law Treaties Implementation Act of 2012,<span style="font-size:13px;line-height:1.231;"> introduced just as Apple vs Samsung trial started in August -- the law, not surprisingly, expands the scope of design patents (easier to patent and litigate) and strongly favors Apple. Then came the ITC import ban veto.</span>
<span style="font-size:13px;line-height:1.231;">Obama is nothing more than a corporatist & a fan of economic protectionism and bailout; couldn't care about the patent lawsuit so long as it protects America's too-big-to-fail. I'm no problem with this at all; after all, I guess it's his job to protect American economic interests, but, please, let's not pretend that this is all about patent lawsuits. </span>
Tim Cook also said he hates litigation -- do as I say, not as I do.
Obama just signed into law the Patent Law Treaties Implementation Act of 2012,<span style="font-size:13px;line-height:1.231;"> introduced just as Apple vs Samsung trial started in August -- the law, not surprisingly, expands the scope of design patents (easier to patent and litigate) and strongly favors Apple. Then came the ITC import ban veto.</span>
<span style="font-size:13px;line-height:1.231;">Obama is nothing more than a corporatist & a fan of economic protectionism and bailout; couldn't care about the patent lawsuit so long as it protects America's too-big-to-fail. I'm no problem with this at all; after all, I guess it's his job to protect American economic interests, but, please, let's not pretend that this is all about patent lawsuits. </span>
You don't have a problem with this at all you say? I think you need to reread your post. If you're not going to be honest with yourself or people here its no wonder you don't understand the issues involved.
Samsung provided The Verge with the following statement on today's decision:
We are disappointed that the ITC has issued an exclusion order based on two of Apple’s patents. However, Apple has been stopped from trying to use its overbroad design patents to achieve a monopoly on rectangles and rounded corners. The proper focus for the smartphone industry is not a global war in the courts, but fair competition in the marketplace. Samsung will continue to launch many innovative products and we have already taken measures to ensure that all of our products will continue to be available in the United States.
nice try Samsung. neither of the two patents had anything to do with rectangles and rounded corners. If you really believed in what you said about patents, you should stop filling your own patents if you never intended to use them against anyone.
Apple's statement can be read below:
With today's decision, the ITC has joined courts around the world in Japan, Korea, Germany, Netherlands and California by standing up for innovation and rejecting Samsung's blatant copying of Apple's products. Protecting real innovation is what the patent system should be about.
The value of a defeat for Samsung in public opinion and in the value of their stock, may be more damaging then the actually loss in sale of said devices.
Lets see what happens to their stock vs Apple's as a result of this.
Comments
Quote:
Originally Posted by jragosta
....
....
In theory, the court system could award damages that would compensate Apple and would be high enough to stop future infringement, but that's slow, too, and the damages awarded were only a small fraction of Samsung's profits from infringing, so there's really not much incentive to stop the infringement.
Because of the time it takes to get an import ban rendering banned products obsolete (or)
in case of damage payout's the paid out amount is a small percentage of the total profit made from the device in question, Samsung would still keep infringing and wont ever have the need to stop.
Irrespective of this, there's damage being done on Samesung's reputation. People do see that they are getting banned. Don't you think that would negatively impact sales of there non-banned phones too ? The consumers obvious question would be , "Should I buy this phone, who knows if its gonna get banned sooner or later in the country, meaning ill end up loosing support for the device in the future".
Quote:
Originally Posted by jamesmcd
U.S. patent law is such nonsense - this rubbish could go on for the next century and achieve absolutely nothing (except spending a colossal amount on lawyers and not on innovation).
Yeah. Apple's competitors have been the cutting-edge innovators in this business...... /s
Quote:
Originally Posted by nikilok
Pointless if some really old model's are being banned.
I haven't found a list of what all is included in the ban, but you can be certain that they're old models. It's not pointless for Apple if they can land a ban though. If this ban goes into effect, expect a LOT more lawsuits coming from Apple's corner. They will most certainly expand their sights to newer Android devices and try to get them banned as well.
Fire sale on Galaxy S3!
Good job copying, Samie!
Quote:
Originally Posted by Cpsro
Fire sale on Galaxy S3!
Good job copying, Samie!
Yeop its a possibility that retail outlets might drop prices of the phones to sell it before landing a ban.
Or when the ban goes into effect they'll have to push all there inventory into the gray / black market.
Still too early to judge though.
I'd say that these lawsuits have been very effective. Samsung did change the SGS 3 so it didn't look so much like a iPhone even before they lost. I believe that they have indeed taken some steps in the right direction at least at least when it comes to the design patents (and isn't that what you've always said was the point of the lawsuits?) The utility patents are of course a different story. Some might say this is too late but I don't agree, it will ensure that Samsung and anyone else to think twice about infringing on Apple's patents.
Quote:
Originally Posted by dasanman69
I'd say that these lawsuits have been very effective. Samsung did change the SGS 3 so it didn't look so much like a iPhone even before they lost. I believe that they have indeed taken some steps in the right direction .... blah blah
It's irrelevant if the initial copying is what enabled them to gain the share, hence the revenue, and hence the funds to make the subsequent cosmetic changes, instead of spending the resources required to innovate (or pay for licenses) up front -- don't you think?
Don't be surprised if it's business as usual at the local retailers. Getting a ban and enforcing a ban are 2 very different things. I'm sure the local police department has other things to do than to run up inside cell phone stores to make sure they're not selling a banned device.
I'd agree if we all didn't have a good laugh at their dismal sales reports. Their sales didn't improve until the SGS 3 which at least design wise didn't infringe.
Samsung provided The Verge with the following statement on today's decision:
Apple's statement can be read below:
This decision has no effect on me. I don't own any Samsung or Apple stock so I have nothing to gain/lose financially from this. None of my Apple devices will change functionality since this decision either.
So why am I feeling so happy?
Simple. Just knowing how many trolls, haters and other useless posters in countles forums around the world are going to be fuming over this all weekend long kinda brings a smile to my face. It's hot and sunny here and I'm spending the weekend with my kids. So much better than raging over something that doesn't affect you, yet that doesn't stop so many people from letting it ruin their weekend.
The ITC ban does target older or discontinued products but that is not what Apple was aiming for. Apple wanted an ITC ruling in place on the infringement of the two patents. With an ITC ruling/ban in place, Apple could ask the ITC to ban additional and new Samsung products that are still on the market and all it has to do is show that these products are infringing on the two patents.
The following comment by Florian Muller at FOSSPatents.com supports this view:
ITC import bans are not limited to the exemplary infringing products at issue in an investigation, which are typically rather old. They broadly prohibit any violations committed through the importation of infringing goods by a respondent [SAMSUNG].
Quote:
Originally Posted by dasanman69
Don't be surprised if it's business as usual at the local retailers. Getting a ban and enforcing a ban are 2 very different things. I'm sure the local police department has other things to do than to run up inside cell phone stores to make sure they're not selling a banned device.
Oh the local police wont have to bend a muscle to get that done. Apple will have there own people get in and out of every store, to report people selling banned devices
For all I know, the Apple Fan Base will chip in to that as well
Samsung,
It's time to admit defeat and stop photocopying!! Although you have a contingency plan by switching your Galaxy S line-up to the "Tizen" OS that you and Intel are big contributors to, I would keep looking for other alternatives to get out of this mess. Why?! Samsung and Intel are more of hardware companies; and do not have as much software development experience as Apple and Google do.
Troll much?
Some people just do not understand the difference between Standard Essential Patents
vs proprietary patents. Obama decision was based on the fact that banning Apple products on SEP is not good because
in this instance Samsung demanded licensing twice for the same SEP. Once from the chip vendor (CMDA technology) and later
from Apply that uses the chip. Not only that but Samsung wanted a percentage of the whole device (iPhone) which you would agree is just greed.
In this case Samsung is charged not on Apple SEP but rather Apple own patents. Can you see the difference?
You don't have a problem with this at all you say? I think you need to reread your post. If you're not going to be honest with yourself or people here its no wonder you don't understand the issues involved.
Quote:
Originally Posted by DroidFTW
Samsung provided The Verge with the following statement on today's decision:
nice try Samsung. neither of the two patents had anything to do with rectangles and rounded corners. If you really believed in what you said about patents, you should stop filling your own patents if you never intended to use them against anyone.
Apple's statement can be read below:
The value of a defeat for Samsung in public opinion and in the value of their stock, may be more damaging then the actually loss in sale of said devices.
Lets see what happens to their stock vs Apple's as a result of this.