Apple goes after Galaxy S3, Note in new court filing

http://news.cnet.com/8301-13579_3-57504756-37/apple-goes-after-galaxy-s3-note-in-new-court-filing/

by option_greek • 14 years ago

54 56 14 years ago

news.cnet.com

chollida1• 14 years ago

Oh oh. This is going to get ugly very quickly.

The Galaxy S3 is the first phone I've seen in 5 years that people I know actually prefer over the iPhone.

At the fund I work at, of the 14 employees, 9 have switched from iPhones to the S3 and only 1 has gotten a new iPhone.

josteink2• 14 years ago

I'll repeat my statement from when the 1 billion dollar verdict was made, since it seems like little will change before people vote with their wallets:

Today Apple went down in history as the biggest patent-troll of all time, stiffling innovation and competition like nobody has ever done before.

If you are a software-developer you should recognize the fundamental threat which Apple represents to your profession.

Boycott Apple if you want to be able to stay in business in the long term future. Throw away your Macbooks, iPhones and iPads. Ditch your iTunes and iTunes account. Get rid of everything Apple. All of it.

Be vocal about your code of ethical software conduct and how that prohibits involving anything made by Apple into anything you ever do.

ThePherocity7• 14 years ago

Apple is a company compelled to be greedy. It's actually the law for Apple to make as much money as possible given any legal and ethical way it can. Suing another giant tech company over legitimate patents is ethical. The system is designed so that a trial determines if the patents are legit. This is what happened. If you don't like that, then fix the fucking patent system. Quit whining that your favourite tech company lost.

Companies are not teams, they are simply the manufacturer of a product that you either bought or chose not to buy. If you don't like the way a company is legally and ethically running it's business, then change the law. Don't boycott the company who is succeeding best at working within the framework provided.

statictype2• 14 years ago

Suing another giant tech company over legitimate patents is ethical

If you don't like the way a company is legally and ethically running it's business, then change the law. Don't boycott the company who is succeeding best at working within the framework provided.

You seem to be confused about the difference between 'ethical' and 'legally allowed'.

vetinari2• 14 years ago

> If you don't like the way a company is legally and ethically running it's business, then change the law. Don't boycott the company who is succeeding best at working within the framework provided.

"Vote with your wallet" is a valid strategy. Just because the company you like is at the receiving end, does not change it's validity.

Bill_Dimm• 14 years ago

It's actually the law for Apple to make as much money as possible given any legal and ethical way it can.

What law says that? I seriously want to know.

Don't boycott the company who is succeeding best at working within the framework provided.

Why not? As a consumer, am I not entitled to buy (or not buy) from whoever I want? Am I really not allowed to take any other factors into account beyond the legality of the company's behavior?

LVB• 14 years ago

Even if it is "actually the law for Apple to make as much money as possible" (please show me that law), over what time frame? It's not unreasonable that this aggressive policy could result in a diminished Apple image/reputation that could negatively affect long term profits more than any alleged patent infringement.

gregsq2• 14 years ago

There is no law that obligates the directors of a company to maximise profit, at least under the Corporations Act that I know of in the UK. There is a statutory requirement to act in the best interests of the legal entity that is the corporation, and what these obligations are has been further defined under case law.

There is no such law here in the UK. I will leave the US corporation law context to someone else with specific knowledge.

mistercow• 14 years ago

>It's actually the law for Apple to make as much money as possible given any legal and ethical way it can.

A corporation has a fiduciary duty to act in the best interest of its shareholders, but I think this fact is greatly overstated. Since "best interest" is such a flexible and uncertain concept, most cases where people bring this up are not really the "legal imperative to be assholes" that they believe. By suing Samsung over this, Apple has risked triggering an all out patent war between the major players in the mobile market which could end up costing them tremendous legal fees and may wound them grievously if any of the ensuing lawsuits were not decided in their favor. Suppose Apple had not taken to Samsung to court over these patents. Does it really seem plausible to you that the shareholders would sue Apple's board of directors, and win?

But assuming that corporations are legally expected to perfectly predict the future and optimize for their shareholders' interests, a boycott would still be warranted. If we let companies see that acting like a bully will hurt their bottom line, then those companies will be legally compelled to act in the interest of their shareholders by not being bullies.

danmaz74• 14 years ago

On the contrary, your own logic would imply that a boycott is the only logical action to take.

You say that it is "actually the law for Apple to make as much money as possible given any legal and ethical [sic] way it can". So, the only way to help Apple management back off from the use of preposterous software patents without the serious risk of breaking that law would be to enact a boycott and create a serious damage to the company image for doing so. A damage that could make that course of action not the one to "make as much money as possible".

unobfuscate2• 14 years ago

I grew up using a Mac. My dad first bought a Macintosh SE back in the late 80’s, and I spent my days playing breakout (or whatever it was called back then). I finally got my own machine in the mid 90’s, my sparkling little Performa 5200. I learned how to program on it, building little programs using a Pascal-like language. On my walks to school, there was a daily battle with all my PC owning chums, the evangelical nature was strong. After a stint using University machines, I picked up the first Intel Macbook back in 2006. My laptop died earlier this year, and I decided to simplify my portable life by picking up the New iPad. I’ve also owned a few different permutations of the shuffle over the years, enjoying it's simplicity and lack of features.

With news of the forthcoming retina 13 inch Macbook pro, I was contemplating getting a new laptop (the ipad is fun, but I miss coding on the go). But today, that thought officially died.

We are done, Apple and I. They have gone too far, and I can no longer support them as a company. Every dollar I spend on their products will go toward killing the very place I call home. I encourage everyone to vote with their wallets. If you believe Apple is hurting our industry, stop supporting them. Next time someone asks me for gadget/computer advice, I will be pointing them in a different direction.

rimantas• 14 years ago

  > Today Apple went down in history as the biggest
  > patent-troll of all time, stiffling innovation and
  > competition like nobody has ever done before.

Only Apple is no patent troll, because they produce and sell high quality products which other companies try to copy.

Please, tell me how much innovation will be stiffled when Samsung can no longer produce these highly original connectors http://www.davidglover.org/facsimilist/wp-content/uploads/20..., or USB adapters: http://cdn.mactrast.com/wp-content/uploads/2011/09/Samsung-P...

  > Throw away your Macbooks, iPhones and iPads.

Indeed, you won't need them, others came with a plenty of fresh ideas: http://dewith.com/2012/its-not-just-phones/

vibrunazo• 14 years ago

See, this is why we should use the term "patent extortion" instead of trolls. To avoid pedants like the above.

unobfuscate2• 14 years ago

How exactly is this whole power adapter and usb connector thing even relevant? Who sits down, and decides to buy a product based on the configuration of the included cables? I sure don't.

Nobody is arguing Apple hasn't done great things for the evolution of phones and laptops, but so have other companies. Least we all forget, Apple is the granddaddy of ripping off technologies (and good for them, we are better off for it).

emehrkay• 14 years ago

Yeah they definitely are not patent trolls unless the meaning of the term has changed since Lodsys made the news earlier this year. Lodsys seems to just be a company who has a bunch of patents and waits for someone to implement one and sue. Apple created something, got it patented, and took it to court. To me that seems like it is what the patent system is about.

I dont agree with patents in the current form, but that is the game right now.

recoiledsnake• 14 years ago

I am sick and tired of the hundreds of multiple trees of comments wasted on misunderstanding plain English terms that another meaning was tacked on and the sides that people take for words used in a casual context.

Examples:

open source vs. Open Source

free software vs. Free sofware

Viruses vs. trojans

patent troll

Why can't we have a wiki or manifesto or something where we all agree on some definitions? It's funny how otherwise highly intelligent people(and programmers used to strict programming languages, no less) can't decide on one definition and resort to nitpicking.

Back to the topic:

>Indeed, you won't need them, others came with a plenty of fresh ideas: http://dewith.com/2012/its-not-just-phones/

Please, someone put a stop with the cherry picking 'before and after' memes. Here's the Sony x505 from 2004 with the wedge shaped look.

http://news.cnet.com/8301-13924_3-20020535-64.html

Why wasn't that included in the picture on the site?

Because it doesn't fit with the agenda they're trying to push. Not to mention that there are tons of laptops nowadays that don't look like Macbooks. So now does that mean Apple copied Sony?

Industries borrow look and feel all the time and make incremental changes all the time. E.g. the fashion industry or the car industry.

Edit: Hell, even Apple had a side project to explore how a Sony inspired iPhone design would look like. (yes, I know they didn't go to market with it and did have earlier prototypes that looked like the later iPhones but weren't Sony inspired) http://arstechnica.com/apple/2012/07/early-iphone-prototypes...

esolyt4• 14 years ago

Because actually both are using the standard 30-pin PDMI connector and just modify the pins.

http://www.bizlinktech.com/pix/PDMI%20CRADLE%20CONNECTOR2_cl...

The comparison images you found are created by uninformed Verge and Engadget forum trolls. It is absolutely normal that all 30-pin PDMI based cables will look identical other than the branding on them. Samsung feared this would happen and made their cable a different color and put a clearly readable SAMSUNG logo there. Apparently, it wasn't enough.

Also note that this is completely irrelevant right now. Samsung's phones (including the phone-tablet hybrid Galaxy Note) use the standard Micro USB port and they ship with Micro USB cables.

wissler• 14 years ago

Yes, the time has come for an Apple boycott, both by consumers of their products and by any decent engineers that work for Apple.

josteink2• 14 years ago

I just had a realization that at this point Apple is actually seeking to ban an order of magnitude more devices than they actually make them-selves.

I know the term "patent-troll" is often preserved for non-practising entities, but at this rate Apple is clearly doing its best to qualify for the badge none the less.

bane2• 14 years ago

IMHO, this is worse than any existing patent-troll. Patent trolls seek to force license agreements with practicing entities through litigation. They are, at worse, a serious annoyance.

Apple is seeking to entirely kill off an industry competitor from the marketplace (and their claims at being willing to license are disingenuous at best as the suggested publicly known license fees show). They are now a serious and terminal problem for the entire industry.

There was a brief moment a few months ago where I thought about buying some new Apple hardware, the new rMBP look delish. But now? Never mind. I'll wait till Samsung brings out a decent ultrabook with a high res display and give them my money directly.

v0cab5• 14 years ago

> Apple is seeking to entirely kill off an industry competitor from the marketplace

Samsung had the South Korean government block the iPhone from South Korea for two years when it was released.

v0cab5• 14 years ago

Apple don't make that many products themselves.

If the Samsung Galaxy S Note S2 Ultra S is banned in the US, consumers will still be able to buy the Samsung Galaxy S Note S2 Ultra X.

When Samsung had the South Korean government block the original iPhone from South Korea, it was Apple's only phone.

adrinavarro• 14 years ago

The S3 is probably the first Samsung phone 'designed by lawyers', as someone posted here a few weeks/months ago.

Samsung really made an effort to avoid infringing 'trade dress' and other claims made by Apple. Most patents they're going after this time shouldn't exist at all (or, at least, many other manufacturers would be affected).

mark_l_watson• 14 years ago

Apple management are becoming real assholes.

I had planned on buying a new rMBP but have permanently taken that off of my shopping list because I don't like where Apple is heading. A few months ago I bought my stepson an iPad 3 for his birthday and that might be my last Apple purchase.

I recently bought Galaxy S III phones for my wife and I and I don't see so much similarity with the iPhones, not even getting into prior art issues.

Apple has the legal right to peruse any legal proceedings they want but as consumers we can vote with our wallets.

And, there are now some very sweet non-Apple laptops :-)

v0cab5• 14 years ago

You can hardly take the ethical high-ground if you've been buying Samsung products.

esolyt4• 14 years ago

Galaxy S3 is specifically designed not to look like the iPhone. Galaxy Note is a completely different type of product. It has a stylus and a giant 720p screen.

It seems unlikely that anyone would confuse these products with an iPhone. They are not trying to be like iPhone.

I honestly don't understand what Apple is trying to do. There must be a logical explanation.

orangecat• 14 years ago

I honestly don't understand what Apple is trying to do.

"I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this."

neya2• 14 years ago

Apple supporters - Please understand that this is a clear abuse of patents by Apple more than anything else. Why? Because, the phones they are suing right now (Galaxy S3, Galaxy Note) are phones that have been designed to NOT look like the iPhone (as Apple had alleged earlier) nor use any of their technologies. This is clearly to stiffle innovation and competition by unethical means, by abusing the patent system. What's disheartening is that Samsung actually spent considerable effort to make these phones look different (Heck, one of them even has a stylus, something Steve Jobs himself was against) and yet they still find Apple suing them.

What are the patents that Apple is using to sue Samsung against?

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.

All of them Bullshit.

Understand this, my fellow HN'ers, make no mistake, this is a threat for the entire Start-up community. Tomorrow you might be sued for the same BS reasons if you started a phone company as well (Sorry for repeating this, but I feel it's important). This is one of the primary reasons why we don't see hardware-based start-ups - Because of the fear of being sued by monopolies like Apple. If you would like to show your support, please consider boycotting Apple. There is strength in numbers. Please show your support.

And my only message to Apple is - Fuck you, Apple. Its only a matter of time until you will collapse for all the unfair BS you have done to us, as a community.

Thanks for reading.

siglesias• 14 years ago

What's disheartening is that Samsung actually spent considerable effort to make these phones look different

When Samsung closes a door, they open a window. Check out the S Voice UI: http://www.youtube.com/watch?v=MGxYZXjXozc

This is the one thing that made the 4S stand out from the 4, and Samsung basically wholesale copied the UI.

neya2• 14 years ago

Before you mistake me to be a 'fanboy' of Samsung, please understand, I am not, instead, I just want to tell you the facts.

Samsung Galaxy S2 was released in May 2011, iPhone 4s, was released in October 2011. The Galaxy S2 has had a voice command feature well before Siri came into light.

http://www.youtube.com/watch?v=a0A-zCis_A0

Also, its funny how I don't see you mention about the slide-down notifications that Apple has 'wholesale ripped off' (in your language).

v0cab5• 14 years ago

I agree about patents, but Samsung have some terrible business practices too.

We need to get rid of these kinds of patents and find new ways to protect US (or European, whatever) companies so that we don't keep getting screwed over by Asian countries blocking our products/services/companies and cloning them.

creamyhorror• 14 years ago

I sympathise with the need to protect your market, but I'd say US web/tech companies have generally been more successful than European or Asian companies in dominating global markets. Google, Facebook, Twitter, Apple, Microsoft, Groupon, eBay/Paypal - all are the big boys on the world stage. US tech companies are so dominant that competitors in most small countries get swallowed up (not unfairly). The exception is consumer electronics, but US firms haven't competed in that industry in a long while.

Don't paint the US as the poor, screwed victim when it's the largest, most profitable market in the world, and companies from other countries stand next to no chance of taking a lead there. The rest of the world generally does little to block US companies (China excepted). All we can do is try to establish ourselves in our own markets and hope we're acquired by foreign/US firms for a good price when they arrive on our shores.

NameNickHN• 14 years ago

I wonder if Apple and Samsung have some kind of deal where they sue each other for marketing purposes. It keeps them in the news, in blogs and in discussion forums. Few other products receive this magnitude of in-depth feature and style comparison. Samsung may have to pay one billion to Apple, but maybe they saved much more money that it otherwise would have had to spend on marketing.

Apple goes after Galaxy S3, Note in new court filing

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