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-   -   Following Apple win, court considers ban on Samsung devices (http://forums.macnn.com/113/tech-news/491669/following-apple-win-court-considers-ban/)

 
NewsPoster Aug 24, 2012 07:24 PM
Following Apple win, court considers ban on Samsung devices
Following a jury verdict that found Samsung <a href="http://macnn.com/rd/265982==http://www.electronista.com/articles/12/08/24/us.verdict.contrasts.with.recent.korean.ruling/" rel='nofollow'>guilty of patent infringement</a> in a high-profile lawsuit filed by Apple, the court is preparing to consider a potential sales ban a number of the Korean company's mobile devices. After the jury was dismissed, Judge Lucy Koh quickly transitioned to the subject of injunction hearings to determine which, if any, devices will be affected by the case.<br><br>Lawyers representing Apple have asked for the process to be expedited, considering the "irreparable harm" caused by Samsung's patent infringement. Judge Koh agreed to the request, asking Apple to submit its injunction filings by August 29 ahead of the formal hearing.

Samsung objected to having just 14 days to respond to Apple's filing, citing the large amount of evidence in this particular case. Judge Koh declined to provide more time, however, due to the court's busy schedule.

A ban could affect a wide range of devices, though the case was limited to aging models rather than Samsung's latest devices. The company still faces a damage award that exceeds $1 billion and could rise if the court decides to triple the amount due to willful infringement.

The injunction hearing has been scheduled for September 20, however Samsung has vowed to continue the fight.
 
SwissMac Aug 25, 2012 03:10 AM
Whatever happened to the days when all you needed to do was to look at two devices and judge whether they looked the same or not; if they did, the first one to patent was considered the original and the other was immediately banned - no long drawn out process that means by the time a legal decision has been made, the technology has already been superseded.

One of the annoying things is Samsung's continuing disregard for the law in promoting shills and by releasing abrasive PR to blacken Apple's reputation - even in contempt of court - and have the victim cast as the bad guy ("They looked so pretty they were asking to be raped" kind of nonsense) when the thief is actually Samsung.
 
LatinKimchi Aug 25, 2012 04:26 AM
Such a tragedy to see justice is an absentee landlord in the pre historic US patent landscape.
Such a tragedy to see brainwashed cult followers worship and uphold apple with no regard for facts, analysis, fairness.
Maybe Samsung should be smarter and change strategies.
Samsung should stop complaining that Apple was given the trademark for a rectangle with rounded corners even though several devices preceding it had that form factor
Samsung should stop complaining that Apple was declared the inventor of touchscreen-only mobile devices form factor when Apple simply stumbled upon an industry evolutionary turning point after several preceding devices (Unbiased Europe already cleared Samsung)


Instead, Samsung should patent all the shapes and widgets it has created in its library of devices so that Apple is stuck with the rectangle with rounded corners for life...

Now that would be great for innovation and consumer choice.. limit Apple to rectangles, Samsung to ovals, Motorola to flips......
 
Spheric Harlot Aug 25, 2012 04:58 AM
Quote, Originally Posted by LatinKimchi (Post 4186194)
(Unbiased Europe already cleared Samsung).
Unbiased Europe banned the Galaxy Tab 10.1, forcing Samsung to redesign and uglify it before being allowed to sell it as the 10.1n.
 
bobolicious Aug 25, 2012 06:17 AM
'the trademark for a rectangle with rounded corners"
I seem to recall many devices on sale that fit this description, and assume you are referring to the concept of patents vs trademarks...?
I also seem to recall there were few tablets available when iPad launched, and many critics? Now there are many more options available...
If we stop protecting & rewarding design innovation & the associated product development risk would there even be iPhones or iPads ?
 
aviamquepasa Aug 25, 2012 07:45 AM
Great victory for Microsoft. Now the Android companies will have to move to Windows Phone and Windows 8.
 
Wiskedjak Aug 25, 2012 09:00 AM
Quote, Originally Posted by bobolicious (Post 4186218)
'the trademark for a rectangle with rounded corners"
I also seem to recall there were few tablets available when iPad launched, and many critics? Now there are many more options available...
If we stop protecting & rewarding design innovation & the associated product development risk would there even be iPhones or iPads ?
If a similar court decision were made a few years earlier, there *wouldn't* be many more tablet options available, since tablet makers would be afraid to do anything. This decision strongly discourages being inspired by someone else's innovation. Hell, this decision could have even discouraged Apple The Startup from developing the Mac.
 
viktorob Aug 25, 2012 10:17 AM
This is a huge victory for people over the world.
If companies are forced to innovate instead of just copy apple, may be we can have a "brain" interface instead or multitouch. May be we can have holographic screen instead of retina display, may be we ca have phones that transmit information to you via brain waves instead of Air Waves.
Look at the phone industries before the iPhone, all the interfaces and programs were the same, just the external design was different but just to look pretty and not to be functional.
If people keep supporting un creative companies like sansung, other innovative companies will stop creating new devices and we will be back to the dark age ot mobility.
Come on sansung, forget about apple and go to the next level, go one step ahead of apple and get out of its shadow.
 
Wiskedjak Aug 25, 2012 10:38 AM
Yes, 'cause Apple never copies
 
SockRolid Aug 26, 2012 08:59 AM
Quote, Originally Posted by LatinKimchi (Post 4186194)
Maybe Samsung should be smarter and change strategies.
Samsung's management is smarter than their would-be "designers." And they have already changed strategies. Just one look at the hideously ugly Galaxy Note 10.1 should tell you that they stopped counterfeiting Apple designs immediately after the lawsuit was filed. As though they fully expected to lose. And they were right.
 
SockRolid Aug 26, 2012 09:00 AM
Quote, Originally Posted by aviamquepasa (Post 4186230)
Great victory for Microsoft. Now the Android companies will have to move to Windows Phone and Windows 8.
Agree. Now, finally, there is a chance that consumers will see some real (non-infringing) competition.
 
And.reg Aug 26, 2012 11:40 AM
Greetings. I am unable to delete my posts, and apparently you moderators are on some kind of a strike.

Therefore, I have removed the content of the original post by hand.

I am asking for this post to be deleted, since I don't seem to have the option to do that myself.
 
Spheric Harlot Aug 26, 2012 12:46 PM
Quote, Originally Posted by Andrej (Post 4186367)
While Samsung got what they deserved, their products SHOULD NOT be banned if they made it to the market in the first place.

I disagree with the whole notion of banning products... what's it called, injunction?

Instead, Apple should be owed $$ for each "illegal" "Samsung device" that gets sold.
This makes no sense to me.

If it is established that a product violates intellectual property, it should just go into mandatory licensing?

Part of the idea of IP is that the owner controls who gets to use it.

You're suggesting that anybody infringe at will, figure licensing cost into their price, and if they're slapped with a lawsuit, they can be certain to sell off their inventory, and just pay the licensing fee. That sounds like an awesome deal.
 
blahblahbber Aug 26, 2012 06:29 PM
Quote, Originally Posted by viktorob (Post 4186251)
This is a huge victory for people over the world.
If companies are forced to innovate instead of just copy apple, may be we can have a "brain" interface instead or multitouch. May be we can have holographic screen instead of retina display, may be we ca have phones that transmit information to you via brain waves instead of Air Waves.
Look at the phone industries before the iPhone, all the interfaces and programs were the same, just the external design was different but just to look pretty and not to be functional.
If people keep supporting un creative companies like sansung, other innovative companies will stop creating new devices and we will be back to the dark age ot mobility.
Come on sansung, forget about apple and go to the next level, go one step ahead of apple and get out of its shadow.
Apple will be slowing in innovation, that is why they will be suing and suing and suing... i like how the overhead is used to stifle competition. Excellent. Copying?? If Apple got sued and had an injunction from every developer that Apple copied from, Apple would be less useful than... well lets just say that would go back to their 10.0.0 roots. Apple is a not only a copier machine, but an overpriced, price-fixin', hypocritical, SOB.
 
lamewing Aug 26, 2012 07:43 PM
What exactly would be banned? Apple lost regarding the trade and dress between the iPad and Tab and the devices that were considered to be infringing (phone wise) are mostly legacy devices. The new Samsung devices look nothing like iPhones and with a software update things such as double-tap, rubber band effect, unified search (already changed), etc. can be adjusted to avoid infringement. Seems like a whole lot of nothing to deal with.
 
besson3c Aug 26, 2012 08:34 PM
Quote, Originally Posted by blahblahbber (Post 4186418)
Apple will be slowing in innovation, that is why they will be suing and suing and suing... i like how the overhead is used to stifle competition. Excellent. Copying?? If Apple got sued and had an injunction from every developer that Apple copied from, Apple would be less useful than... well lets just say that would go back to their 10.0.0 roots. Apple is a not only a copier machine, but an overpriced, price-fixin', hypocritical, SOB.
Your point would be stronger without all of this extra emotion.
 
chas_m Aug 26, 2012 10:38 PM
His point would be stronger if it contained any reality.
 
And.reg Aug 27, 2012 12:43 PM
Greetings. I am unable to delete my posts, and apparently you moderators are on some kind of a strike.

Therefore, I have removed the content of the original post by hand.

I am asking for this post to be deleted, since I don't seem to have the option to do that myself.
 
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