Apple adds Samsung's flagship Galaxy S III, Galaxy Note to amended 'Galaxy Nexus' complaint
Apple on Friday filed an amended complaint with the U.S. District Court for the Northern District of California, adding two versions each of the Galaxy S III and Galaxy Note to its original claims of patent infringement against a number of Samsung smartphones and tablets.
The case, not to be confused with the recently decided Apple v. Samsung trial, was first lodged in February, with Apple leveraging eight utility patents against 17 Samsung devices. At the time, it was said that Apple was taking direct aim at the Samsung-built Google-branded Galaxy Nexus with the complaint.
Along with the Galaxy S III and the Verizon version of the handset, Apple added the Galaxy Note and Galaxy Note 10.1 to the list of infringing devices, bringing the total tally up to 21 accused devices. The S III made its U.S. debut in June, more than one year after Apple lodged its first complaint against Samsung in April 2011, accusing the company's products of copying the look and feel of the iPhone and iPad.
Apple claims it is suffering and will suffer irreparable harm from Samsung's violation of eight utility patents, four being asserted in the Apple v. Samsung case and four issued after that suit began. According to Apple, Samsung has "continued to flood the market with copycat products," since the separate landmark case started last year. In the intervening months, the Korean company has "continued to release new infringing products, including its current flagship device, the Galaxy S III."
The four new patents Apple is leveraging against Samsung include the '647 "Data Detectors" patent, the '721 "Slide-to-unlock" property, the '172 "Word completion" invention and the '604 "Universal search" patent. The Cupertino tech giant successfully wielded the '721 "Data Detectors" patent to obtain an ITC sales ban against certain Android-based HTC handsets in December, however Google continued to implement the feature in its mobile operating system despite the suit's outcome.
From the amended complaint:
While Apple won a temporary injunction against the Galaxy Nexus in June on potential infringement of the '604 "Unified search" patent, Samsung was granted a stay pending appeal and the unit remains on sale today.
After being handed a sweeping victory in the broader Apple v. Samsung trial, Apple is now seeking a permanent sales ban against eight infringing Samsung smartphones. The Korean company has vowed to fight the injunction with "all necessary measures."
The case, not to be confused with the recently decided Apple v. Samsung trial, was first lodged in February, with Apple leveraging eight utility patents against 17 Samsung devices. At the time, it was said that Apple was taking direct aim at the Samsung-built Google-branded Galaxy Nexus with the complaint.
Along with the Galaxy S III and the Verizon version of the handset, Apple added the Galaxy Note and Galaxy Note 10.1 to the list of infringing devices, bringing the total tally up to 21 accused devices. The S III made its U.S. debut in June, more than one year after Apple lodged its first complaint against Samsung in April 2011, accusing the company's products of copying the look and feel of the iPhone and iPad.
Apple claims it is suffering and will suffer irreparable harm from Samsung's violation of eight utility patents, four being asserted in the Apple v. Samsung case and four issued after that suit began. According to Apple, Samsung has "continued to flood the market with copycat products," since the separate landmark case started last year. In the intervening months, the Korean company has "continued to release new infringing products, including its current flagship device, the Galaxy S III."
The four new patents Apple is leveraging against Samsung include the '647 "Data Detectors" patent, the '721 "Slide-to-unlock" property, the '172 "Word completion" invention and the '604 "Universal search" patent. The Cupertino tech giant successfully wielded the '721 "Data Detectors" patent to obtain an ITC sales ban against certain Android-based HTC handsets in December, however Google continued to implement the feature in its mobile operating system despite the suit's outcome.
From the amended complaint:
These infringing Samsung products include the at least 21 new smartphones, media players, and tablets that Samsung has released beginning in August 2011 and continuing through August 2012. Specifically, Samsung has imported into, offered for sale, or sold in the United States at least the following products, each of which infringes Apple?s patent rights: the Galaxy S III, Galaxy S III ? Verizon, Galaxy Note, Galaxy S II Skyrocket, Galaxy S II Epic 4G Touch, Galaxy S II, Galaxy S II - T-Mobile, Galaxy S II - AT&T, Galaxy Nexus, Illusion, Captivate Glide, Exhibit II 4G, Stratosphere, Transform Ultra, Admire, Conquer 4G, and Dart smartphones, the Galaxy Player 4.0 and Galaxy Player 5.0 media players, and the Galaxy Note 10.1, Galaxy Tab 7.0 Plus and Galaxy Tab 8.9 tablets.
While Apple won a temporary injunction against the Galaxy Nexus in June on potential infringement of the '604 "Unified search" patent, Samsung was granted a stay pending appeal and the unit remains on sale today.
After being handed a sweeping victory in the broader Apple v. Samsung trial, Apple is now seeking a permanent sales ban against eight infringing Samsung smartphones. The Korean company has vowed to fight the injunction with "all necessary measures."
Comments
Ouch!
Boom.
Serious Apple is serious.
Jelly bean took care of everything except for data sector. This is just sad apple.
Keep hitting them hard Apple! I've always wished for this to go thermonuclear! Apple shouldn't rest for a single moment! Keep them lawyers working 24-7-365, as there are plenty of copycats and rotten thieves out there left to sue.
And meanwhile, the propagandists will be hard at work, talking some nonsense about how this is bad for the consumer, some crap about having less options. Buying a stolen ripoff should not be an option, unless you are a slimy character who does not believe in IP rights. I say screw those kinds of consumers!
And here's a special message for all Fandroids out there, I hope that the phone or tablet that you just bought ends up getting banned. You deserve it. Either way, your phone will be obsolete pretty soon, ban or no ban.
Here's a question: what differentiates these lawsuits from the one against Psystar in that Apple cannot (or just isn't) ask for the RECALL of all infringing product sold?
Quote:
Originally Posted by Apple ][
Keep hitting them hard Apple! I've always wished for this to go thermonuclear! Apple shouldn't rest for a single moment! Keep them lawyers working 24-7-365, as there are plenty of copycats and rotten thieves out there left to sue.
I say 60-60-24-7-365!
1B may seem like a lot of money for Apple to win but the snail pace of court system means devices get banned just in time for Samsung to release another infringing device.
Quote:
Originally Posted by SolipsismX
I am not going to read the filing but it looks like this is not for any HW design patents. If you think it is please show me where it say that in the document before saying that the S III, Note and Galaxy Nexus don't look like Apple products.
Yup, all software related, and via articles over the last month or so all should have been resolved by now.
Quote:
The Cupertino tech giant successfully wielded the '721 "Data Detectors" patent to obtain an ITC sales ban against certain Android-based HTC handsets in December, however Google continued to implement the feature in its mobile operating system despite the suit's outcome.
Yes, because according what's been printed the current implementation is not what's patented.
this is a joke right? last i seen the 2 unlock screens have almost nothing in common. From Apple's unlock the screen you have to drag a small bar across the bottom of the screen. Otherwise on all Galaxy Devices you have so swipe the screen off in any direction. Whether it be up, down, left, right or any of 360 different directions ( seeing as originating from the middle of the screen you can vary in direction by 360 degrees).
And the search feature i believe has been an android feature since before the iPhone came out along with the voice recognition on the Google search bar to be able to speak a word and have the phone search for it.
Quote:
Originally Posted by Techstalker
Jelly bean took care of everything except for data sector. This is just sad apple.
yes but how many of these "infringing" products use Jelly Bean?
In any case, while I do support Apple ripping Sammy and Android new ones, I hope they settle the utility patents with a license agreement. I'm thinking $20 a pop for starters. These aren't the design/trade dress issues where Apple sued the crap out of Sammy.
Originally Posted by blusasuke
And the search feature i believe has been an android feature since before the iPhone came out…
Well? Is it?
Quote:
Originally Posted by jungmark
yes but how many of these "infringing" products use Jelly Bean?
In any case, while I do support Apple ripping Sammy and Android new ones, I hope they settle the utility patents with a license agreement. I'm thinking $20 a pop for starters. These aren't the design/trade dress issues where Apple sued the crap out of Sammy.
I'm willing to bet Samsung can roll out a 4.1 update a lot sooner than the court can act on this. Damn thing probably could have shipped with 4.1, for that matter. Proper incentive is all that's required.
"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve." - Japanese Admiral Isoroku Yamamoto
Quote:
Originally Posted by Techstalker
Jelly bean took care of everything except for data sector. This is just sad apple.
Isn't a "tech stalker" the same as a troll? Sure sounds like it.
Quote:
Originally Posted by Techstalker
Jelly bean took care of everything except for data sector. This is just sad apple.
Well they'd better hurry up with the updates, hadn't they?
Then you can thank Apple for Samsung finally getting off their lazy asses and releasing timely updates.
Quote:
Originally Posted by Apple ][
And here's a special message for all Fandroids out there, I hope that the phone or tablet that you just bought ends up getting banned. You deserve it. Either way, your phone will be obsolete pretty soon, ban or no ban.
What would be even worse than getting a phone banned would be if Samsung/Google had to remove the infringing features from the Android OS, so the banned phones in the wild would get gimped. In that event buyers could legitimately demand a replacement phone with the features they bought their initial phone for... tada! an iPhone!
Quote:
Originally Posted by blusasuke
this is a joke right? last i seen the 2 unlock screens have almost nothing in common. From Apple's unlock the screen you have to drag a small bar across the bottom of the screen. Otherwise on all Galaxy Devices you have so swipe the screen off in any direction. Whether it be up, down, left, right or any of 360 different directions ( seeing as originating from the middle of the screen you can vary in direction by 360 degrees).
And the search feature i believe has been an android feature since before the iPhone came out along with the voice recognition on the Google search bar to be able to speak a word and have the phone search for it.
Oh boy, here we have a newbie with something important to say. NOT. Seeing as how the iPhone came out BEFORE the first Android phone (it took them awhile to completely change direction and copy the iPhone), your last sentence makes no sense.
Quote:
Originally Posted by ruff
"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve." - Japanese Admiral Isoroku Yamamoto
Naw, just a lazy greedy giant who will be filled with a terrible remorse.