Appeals court reverses ban on Samsung Galaxy Nexus in Apple patent dispute

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Comments

  • Reply 141 of 157
    dasanman69dasanman69 Posts: 13,002member
    jragosta wrote: »
    It really depends.
    The 16 GB SGS III goes for $579 on Amazon (which makes your claim that it retailed for $499 rather difficult to believe). The iPhone 4S (it's nearest real competition) goes for $594 on Amazon.

    Both ATT and Tmobile have it for $549 and I'm talking pre iPhone 5 release which was only 3 weeks ago. How much was the 4S then at full retail? What are the factors in determining when a phone stops being new? At the time the One X and SGS lll launched the 4S was more than 6 months old and sold for $649 just like those new phones. Did production costs for Apple not go down by that time? Sure it did, did they pass those savings on? No they didn't. So don't claim that everyone else sells their phones for the same price as Apple.
  • Reply 142 of 157
    gtrgtr Posts: 3,231member
    lamewing wrote: »
    Stop being a sarcastic d#%@. It is obvious what he meant. 

    Actually, I didn't genuinely know, hence the reason I asked.

    I'm not always able to successfully translate the rubbish some of you Android fans call language these days.

    If you've got a problem with that, learn how to read and write properly.

    When you put that, and the obvious inability of you guys to appreciate quality design and workmanship, I'm starting to get the impression that the education system is to blame.
  • Reply 143 of 157

    Quote:

    Originally Posted by Techstalker View Post


    Your opinion, I find the software to be much more advance than ios 6, love the on screen buttons, its large but not too large, curved screen is awesome. Its not cheap. Every android phone is cheap in your eyes. If its not an iphone, its cheap in your mind. 





    I have to agree with you Techstalker.  My biggest complaint with people who are "All Apple, All the Time" is that they won't even give other products a chance.  If anyone has taken a second to read the FULL reviews of Galaxy Note II or even the demo videos, you will see that iOS needs to step it up big time next year because the functionality in the new TouchWiz (I prefer stock Android myself) just set raised the bar in terms of phone OSes.  The multitasking features are what all phones should aspire to and the floating video feature is great as well.  Having a stylus is not for everyone but the fact that it can detect 1024 different levels of pressure and it has many built in apps plus a SDK means that this would be ideal phone / phablet for the aspiring artist.  The amount of functionality that is on the phone is a bit overwhelming


     


    While it can be said that not all Android phones are top notch, there are certainly some amazing designs out there (the polycarbonate ones from HTC are nice) and for me, I don't even notice the plastic feel of my GNex (I personally like the kevlar like backing).   Anyway,  you raise a good point that some people simply see anything that is not an Apple product as garbage.  I've met people like that from the WP, RIM and Android camps and I think they are delusional and are missing something in their life to have such a one sided and irrational view.

  • Reply 144 of 157
    gtrgtr Posts: 3,231member

    I have to agree with you Techstalker.  My biggest complaint with people who are "All Apple, All the Time" is that they won't even give other products a chance.

    And, as I asked earlier and was unable to be given a response, who exactly is "All Apple, All the Time"?
  • Reply 145 of 157


    Originally Posted by GTR View Post

    And, as I asked earlier and was unable to be given a response, who exactly is "All Apple, All the Time"?


     


    Slurpy, Apple ][…

  • Reply 146 of 157

    Quote:

    Originally Posted by Gatorguy View Post


    This thread is veering so far afield now, perhaps this can get things back on-topic. 


     


    Hardly noticed in the Appeals Court order reversing the injunction is another notice to Judge Koh. They note they disagree with her reasoning in accepting Apple's claims in the '604 "unified search" patent. According to them what Apple is trying toconvince the court it says doesn't jive with what the patent really says. As such they don't find a  likelihood that Apple will be successful with an infringement claim using that patent against the Nexus. 



    I agree. To me, the clarification on the '604 patent definition from the Appeals Court is of much more consequence than the reprimand for determining damages. Essentially, they are saying that since the '604 patent describes a unique search algorithm for each 'module' in the universal search, Android does not infringe since it uses the same algorithm for a few different types. This is very damaging for Apple using the 'Siri' patent in any future litigation.

  • Reply 147 of 157
    gtrgtr Posts: 3,231member
    Slurpy, Apple ][…

    LOL.

    And yourself? ;-)

    I said All-Apple all the time. Not Anti-Android all the time.

    Both have expressed numerous times not being fully satisfied with a number of products and/or services that Apple has released. That makes them strong proponents, not All-Apple.
  • Reply 148 of 157


    Originally Posted by GTR View Post

    I said All-Apple all the time. Not Anti-Android all the time.




    Being picky tonight, aren't we? image


     


    I DID mean that, though. Probably more for the former than the latter.

  • Reply 149 of 157
    gtrgtr Posts: 3,231member

    Quote:

    Originally Posted by Tallest Skil View Post


    Being picky tonight, aren't we? image


     



     


    I disagree.


     


    I personally have never met anybody that is All-Apple all the time.


     


    Everybody realises that they are not perfect, and have their own ideas of what they'd like to see fixed/improved/refined.


     


    You yourself are a perfect example of this, despite other people's accusations otherwise.


     


    However, this is not the kind of thing that gets brought up when you're trying to make a point with somebody who constantly has negative things to say about them, which sometimes giving the impression of being All-Apple.


     


    That impression is not correct.

  • Reply 150 of 157
    apple ][apple ][ Posts: 9,233member

    Quote:

    Originally Posted by Tallest Skil View Post


     


    Slurpy, Apple ][…



     


    You are incorrect.

  • Reply 151 of 157
    Do we have to pull out the pictures of Lisa OS again?

    The lisa OS is a drop down menu not a drop down notification shade...you know that...so why do you constantly mention it as if they are remotely the same thing...

    I guess the slide bolt is the same as Apple's slide to unlock as well right? and at least those two have similar functions.
  • Reply 152 of 157
    gtr wrote: »
    What exactly is the 'etch industry'?

    Steve Jobs had a famous quote about stealing but, according to you:

    "Well there is this thing called context.".

    Post 91.

    don't be a dick about a minor misspelling...and he AGREES with Steve Job's quote as it's meant.
  • Reply 153 of 157
    "Apple wrote:
    [" url="/t/153304/appeals-court-reverses-ban-on-samsung-galaxy-nexus-in-apple-patent-dispute/120#post_2209869"]
    You are incorrect.

    you've dehumanized anyone who doesn't use or like Apple products or ALL Apple products.

    Not dissed, not made fun off, but dehumanized...repeatedly...shocking indeed.
  • Reply 154 of 157


    Originally Posted by AbsoluteDesignz View Post

    The lisa OS is a drop down menu not a drop down notification shade...


     


    The made-up distinction being?






    I guess the slide bolt is the same as Apple's slide to unlock as well right?



     


    Yes, because a software function and a software function is the same as a software function and a hardware function. 


     


    ????

  • Reply 155 of 157
    The made-up distinction being?

    Yes, because a software function and a software function is the same as a software function and a hardware function. 

    [SIZE=48px]????[/SIZE]
    so tell me then o' wise one...how are the lisa drop down menu and the Android notification panel similar aside from the drop down? It doesn't alert you of anything, you can only perform one interaction...you can't clear anything, it has static functions...they are literally not the same...by your logic iOS is like Palm OS because they are both touchscreen.
  • Reply 156 of 157

    Quote:

    Originally Posted by TimmyDax View Post



    So the injunction was granted because a) the product was found to infringe, and b) the infringing product may have decreased Apple's sales

    The verdict was overturned because the infringement itself (a) did not necessarily produce a product that was more likely to decrease Apple's sales than a similar non-infringing product (b).

    So what alternative measures are being taken due to the infringement instead? There must surely still be repercussions for Samsung. Has it been ascertained whether they wilfully infringed on the patent or not, and if Samsung have profited from the sales, why does it matter how Apple's sales were affected?


     


    A preliminary injunction is to prevent irreparable damages before a trial occurs. An example of this might be: Party A claims they own a building and want to knock it down, Party B claims that they own the building. They sue, and party B gets a preliminary injunction during the suit, so that the building is not knocked down until the court case is settled.




    The key is to demonstrate that they will suffer irreparable damage if the injunction is not granted. In the case of a building, this is pretty clear - it would cost a lot of money to rebuild the building in the event that B wins the suit, money that neither party has. So the destruction of the building is put on hold until the trial takes place. Party B will likely have to put up money (as Apple did) to cover costs of party A in the event that party B loses the suit, to cover things like lost profits and increased construction costs due to having to delay demolishing the building.


     


    In the case of the Galaxy Nexus, the product was not found to infringe yet - it was only concluded that it was likely to infringe, but the trial to determine whether it actually infringes has not happened yet (in the building analogy, the courts would have to conclude that there was some likeliness that party B's claim to ownership of the building was valid). Apple's claim was that they will suffer irreparable damages to their sales and brand by letting the Galaxy Nexus stay on the market due to the nature of the potential infringement, and so got an injunction. What the higher court is saying is that it's not clear that Apple will suffer irreparable damages from continued sales of the Galaxy Nexus, due to its low sales volume, and so the preliminary injunction should not have been granted.

  • Reply 157 of 157
    slurpyslurpy Posts: 5,382member

    Quote:

    Originally Posted by Tallest Skil View Post


     


    Slurpy, Apple ][…



     


    Newsflash- you're full of shit.


     


    Don't confuse the fact that I think you're a moron, with my alleged 'worship of Apple' or whatever you want to define me as. There's a litany of Apple software and hardware I have gripes with- real, well thought out gripes, not hysterical non-sense about naming and such. I call out your posts for their sheer idiocy, trollish-ness,  and complete lack of anything approaching rational logic, not because I think Apple can do no wrong. The fact that you petulantly drone on like a broken record about things that are irrelevant to pretty much everyone except you has nothing to do with defending Apple. I would do the same if I came across you bitching about the name of a toaster oven in every fucking thread I entered for the past year, or mocking others for not sharing your asinine, obsessive predictions (which always turn out to be completely wrong) while abusing your mod title. Please refrain from mentioning me in your posts, there's nothing more ludicrous than accusing me of being in the tank for Apple or lacking judgement, coming from someone like you. I'm pretty sure this entire board can attest to that. 

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