Member log in

Apple extends Samsung device ban bid to include Galaxy S3, Note

UPDATE Sept 3: Apple has extended the list of Samsung products it wants pulled from US shelved from eight to 21. The expanded list includes the big screen Samsung Galaxy S3, the best selling smartphone based on Google's Android software, and the giant screen Galaxy Note.

The US company is looking to capitalise on its $US1.05 billion damages win the so-called patent trial of the century in a California district court.

Howerver, the pair's worldwide legal fight was further complicated on Saturday NZ time when a Tokyo court ruled Samsung smartphones, tablets and computers do not infringe Apple patents.


Apple demands eight Samsung mobiles be pulled from shelves

UPDATE Aug 29: Following its landmark $US1 billion patent win on Friday (Saturday NZ time), Apple is going in for the kill.

The company has filed papers in California court demanding that eight Samsung products be pulled from US shelves.

If Apple's application for injunction does not include two of Samsung's highest profile gadgets - its new, Google Android-based smartphone, the Galaxy S3, or its Galaxy Tab 10.1 tablet.

Apple said the Galaxy S3 could be the subject of a later lawsuit. The jury in the case decided Friday said that the wi-fi version of Tab 10.1 violated Apple's patents, but that a 4G version did not. Apple has asked for a ban on the sale of the wi-fi version to be extended to cover the 4G model.

Meanwhile, Samsung, as expected, has flagged its intention to appeal Friday's District Court verdict. And, further, that if its appeal is unsuccessful that it will take the matter to a higher court. 

Bloomberg says it has sighted a list of the eight Samsung mobile phones Apple wants removed from shelves. They are the Galaxy S 4G, Galaxy S II AT&T, Galaxy S II, Galaxy S II T-Mobile, Galaxy S II Epic 4G, Galaxy S Showcase, Droid Charge, and Galaxy Prevail.

Meanwhile, investors have delivered their verdict. Apple shares [NAS:AAPL] hit another all-time high today, rising 1.88% to $US675.78, while Samsung shares dipped to a four-year low.


Apple wins patent case against Samsung, awarded $US1 billion 

Aug 25: A federal jury in San Jose, California has awarded Apple $US1 billion in the pair's latest patent case.

In a series of patent cases in Australia, Germany, the UK and now the US, Apple has been arguing that Samsung has infringed its patents by copying the look and feel of its iPhone and iPad, plus interface features like "pinch and zoom."

Samsung has been counter-suing, claiming that its touchscreen devices are a natural evolution in product design, and that a number of Apple's iPhone and iPad concepts were already in the market.

A jury of nine found Samsung has substantially infringed five of six Apple patents it asserted in court.

The Korean company won none of the patents it asserted.

Samsung was orded to pay Apple $US1.05 billion ($NZ1.3 billion) in damages. Apple had sought $US2.5 billion; Samsung had counter-sued for $US422 million.

In other jurisdictions, the two companies have been deadlocked in appeals and counter-appeals. Commentators expect Samsung to appeal the US decision, reached by a jury of nine, so don't look for the company's Google Android-based Galaxy Tab and Galaxy S3 to be pulled from shelves. 

Nevertheless, given that the US is the world's biggest tech market, today's decision is seen as giving Apple the momentum in the pair's planet-wide patent spat.

The already complex case is further muddied by the fact Samsung competes against Apple, but supplies it with flash memory and other components.

Comments and questions
25

This is why the patents industry is broken and needs to be tossed out entirely.

You cannot tell me that you should be able to patent "pushing a button makes the device do something" and yet that's what we have.

Apple was first to market with a tablet device that does a lot of things well but it certainly didn't invent the tablet device - far from it. To complain that someone else is copying your copy of another idea is facile - just get on and offer me a better product.

Apple doesn't claim to have invented the tablet (or MP3 player or Smart Phone, or mouse or GUI), but they have innovated these products into best in class devices. Why should others be allowed to rip off their hard work?

what staggers me is that the poor consumer is going to foot the bill of this legal nonsense and Apple will gain an unfair market advantage.

Condoning this sort of behaviour with big payouts will simply see litigation replace innovation

US court finds for US corporate vs Korean. Who would have guessed that result?

Yes and yet in south Korea BOTH samsung and Apple are banned. Good job eh

No surprises here.......

Apple are the most anal company in the world. NO company should be able to Patent what they have been allowed to do - this is madness.....

I agree - this is legalised gaming of the markets and it kills innovation.

The resemblance between Samsung's Tablet and Apple's iPad is just so similar, that the jury could only come to one decision; without believing Samsung's shaky defence of "being inspired without actual copying".

the similarity between my fridge and an ipad is such that if you squint... clearly this is bull$hit

If the TPP goes the US way we can look forward to ridiculous patent laws effecting NZ innovation and R&D.

what innovation and R&D? This 3rd world nation simply exports dead animal bits and trees to the world.

Patent laws are terrible and broken.. Monsanto can patent all plants, Pfizer can patent all medical treatments. Its not a new thing check this article http://www.newscientist.com/article/dn2178-boy-takes-swing-at-us-patents.html

No wonder Google plus has had a bouycott Apple hashtag for months... here's hoping that the public wake up and realise that they are being had.

The patent law were designed for building physical things, It does not suit software design. In building physical things the thing is important where with software the result is important. The way Samsung and Apple get the result is quite different - they have built two different things. Its a bit like you building a corkscrew and getting a patent and me doing the same. Everyone is happy but the result is the same. This Jury looked at the problem and decided that Samsung had taken the cork from the bottle so they must have infringed on a patent. Of course us plebs just want the contents. There are different apps available on both devices the apps work differently. e.g. swype the best piece of functionality for my fat fingers.

I think Apple are the new microsoft. Simple they are milking it and doing everyrhing humanly possible to protect their turf. When someone comes close to matching them they litigate.

My thoughts are Apple grow a real pair and innovate. Design a better phone, tablet whatever and you wont need to resort to this shameful practice.

I hope the PR backlash kicks you right in the butt, you deserve every bit of it

As a software eng I am going to patent the use of a program counter thus all software vendors will have to pay me!!!

Works for Monsanto with animal DNA right?
Works for Myriad Genetics with human DNA used in the testing of breast cancer right?

must be fair

Samsung didn't match Apple, they ripped off their ideas. Why should anyone put effort into development if their efforts and therefore rewards are not protected? Apple did design a better phone. It made all others at the time look like crap. The current generation of Samsung phones are only any good and getting market share and making Samsung money because they are copies of Apple's phone.

Now Google/Motorola are filing a patent infringement case against Apple and this case - things are about to escalate dramatically and Apples share price could be hammered if they loose (which there is a high likelihood that they could).... Now hows that for kharma in action eh?

Let's not forget that Samsung makes most of the major components for all of Apple's products. It's a bit rich them suing Samsung, no?

Its going to cost Apple a lot more than they think,as has been mentioned Samsung supply most of the components for Apple products,so its open season now or Samsung.Besides, this for Samsung is just a "hiccup" they have a lot more diversity of products than Apple does.Then there's the appeals.The fascist billy boys at Apple are in for a fight,alright.

This was kangaroo court in the first place,Silicon Valley Jurors,Judge, I expect.Koreans did not have a show.

Its going to cost Apple a lot more than they think,as has been mentioned Samsung supply most of the components for Apple products,so its open season now or Samsung.Besides, this for Samsung is just a "hiccup" they have a lot more diversity of products than Apple does.Then there's the appeals.The fascist billy boys at Apple are in for a fight,alright.

I feel for Apple, they had a lot of intellectual property that they felt was being copied, and the only remedy available was this option. Unfortunately for Apple, the fallout going forwards is lots of negative PR. Up till now Apple has effectively been the gold standard when it comes to branding. But the damage wrought from this will have long term consequences for Apples brand, and no amount of money can fix this.

Funny because I'm pretty sure Apple feel like they won... I think they lost, and a lose that will cost them dearly over the future.

Bye Bye Apple for me, I've never wanted to be known for standing up for a brand that yours has become now. You once where good for the world but now that's in question...... And even by your most die-hards fans.

But they are just doing what the Patients law say they can.... A way bigger problem than Apples decisions.

The fruity firm is running scared of Samsung. During the trial (if you can call it that) the Galaxy Tablet and the SIII were found not to have infringed the patents - now Tim C(r)ook wants to ban those devices too.