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Apple goes for the kill on the Galaxy S II

Samsung Galaxy S II

By Reuters

Posted on 28 Aug 2012 at 08:50

Apple is seeking speedy bans on the sale of eight Samsung phones, moving swiftly to translate its resounding court victory over its rival into a tangible business benefit.

The world's most valuable company wasted no time in identifying its targets: eight older-model smartphones, including several variants of the Galaxy S II and Droid Charge. While Apple's lawsuit encompassed 28 devices, many of those accused products are no longer widely available in the world's largest mobile market.

We expect there's a two-thirds chance of an injunction against Samsung products

Although Samsung's flagship Galaxy S III phone was not included in the trial, the jury validated Apple's patents on features and design elements that the iPhone maker could then try to wield against that device. Apple may not have to seek a new trial over the S III, but can include it in a "contempt proceeding" that moves much faster, according to legal experts.

Many on Wall Street believe Apple now has momentum behind it in the wake of its near-complete triumph over the South Korean company on Friday.

"The evidence and weight of the case are heavily in Apple's favour," said Jefferies & Co analyst Peter Misek. "We expect there's a two-thirds chance of an injunction against Samsung products."

An injunction hearing has been set for 20 September. If US District Judge Lucy Koh grants sales bans, Samsung will likely seek to put them on hold pending the outcome of its appeal.

The phones Apple wants banned


Galaxy S 4G
Galaxy S2 (AT&T)
Galaxy S2 (Skyrocket)
Galaxy S2 (T-Mobile)
Galaxy S2 Epic 4G
Galaxy S Showcase
Droid Charge
Galaxy Prevail

Samsung said it will take all necessary measures to ensure the availability of its products in the US market. A source familiar with the situation said Samsung has already started working with US carriers about modifying infringing features to keep products on the market should injunctions be granted.

Apple's win on Friday strengthens its position ahead of the iPhone 5's expected 12 September launch and could cement its market dominance as companies using Google's Android operating system - two-thirds of the global market - may be forced to consider design changes, analysts say.

Billion-dollar damages

Apple was awarded $1.05 billion in damages after a US jury found Samsung had copied critical features of the iPhone and iPad. The verdict could lead to an outright ban on sales of key Samsung products.
Apple's stock scored another record high on Monday.

While the victory does not cover new Samsung products including the Galaxy S III, Apple will push its case on these products in the near-term, Evercore Partners analyst Mark McKechnie said.

"While a ban would likely increase Apple's leading smartphone share in the US market, we believe this verdict could lead to Samsung also delaying near-term product launches as it attempts to design around Apple's patents," Canaccord Genuity analysts said in a note.

Google finally responded to the court verdict on Sunday. "The mobile industry is moving fast and all players, including newcomers, are building upon ideas that have been around for decades," Google said in a statement. "We work with our partners to give consumers innovative and affordable products, and we don't want anything to limit that."

Apple's shares gained 1.9% to close at $675.68 on Monday, tacking on another $12 billion-plus to its already historically leading market value. Samsung lost about the same amount in market capitalisation as its shares slid 7.5 percent in Seoul, although they rebounded slightly today.

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User comments

Understandable, but I'd be wary

This might make sense to Apple Execs in the short term, but the potential PR fallout from this is huge.

Apple was traditionally seen as an inspirational company who made & sold aspirational products, now they're increasingly being seen as the playground bully (like IBM & Microsoft before them).

I own (and mainly like) an iphone 3GS and will freely admit that I'm waiting to see what the new phone is like, but to be honest, it will have to be a staggering piece of kit, priced competitively to dissuade me from going elsewhere - probably Samsung.

By bronven on 28 Aug 2012

other industries....

i've said this before but can you imagine if other industries started behaving like this. i'm never going to be in the market for a mercedes, but that company invented inertia reel seatbelts, airbags, anti-lock brakes and was first to market with them in their cars. if they behaved like apple, everyone besides merc drivers would be in much less safe cars. big lose for everyone. :-(

By sihaz2 on 28 Aug 2012

A very one sided report from ApplePro

.
The entire report assumes that there will either be no appeal or that if there is it will be unsuccessful.

Do you remember when the EU fined MS? How long was it before all the appeals were heard? What was the ultimate outcome?

To produce a report like this without even mentioning the appeals process is disgracefully incompetent and blatantly one sided.

By qpw3141 on 28 Aug 2012

oh.. bad apples.....

Apple have avoided the responsibilities that come with wealth and power.

They bleed the masses by wanton desire style marketing campaigns.

And provide nothing in return. No charitable work worth mentioning. Nothing.

So keep in mind, Swissmac, and all the other blind followers, what you're feeding.

Apple, haven't had a single unique idea in their history. They do however, have style, and great marketing.

And the masses love it. Personally, if I wasn't forced to work with Apple products I'd not have anything to do with them.

By CraigieDD on 28 Aug 2012

Let see.. banning the galaxy 2 after Samsung have already moved on to the Galaxy 3....Smart Move Apple.....talk about shutting the stable door after the horse has bolted !!!

By Jaberwocky on 28 Aug 2012

Interesting article concerning the jury and their verdict

http://gizmodo.com/5938219/why-the-apple-v-samsung
-ruling-may-not-hold-up

Apple should pause before they continue down this litigious path

By dyagetme1 on 28 Aug 2012

@bronven

I recently switched from iOS to Android and it's all Apple's fault.

Not because of this but because the platform is so closed I had enough.

I previously had to JB to do allot of things I wanted e.g. SBSettings but on Android I can do that on stock. Unfortunately Apple are slowly clamping down on this so I thought I might as well switch.

By tech3475 on 28 Aug 2012

rectangles with rounded edges

my leather folder is next for the chop...

By gavmeister on 28 Aug 2012

Interesting article concerning the jury and their verdict

http://gizmodo.com/5938219/why-the-apple-v-samsung
-ruling-may-not-hold-up

Apple should pause before they continue down this litigious path

By dyagetme1 on 28 Aug 2012

No Virtue...

Well, as an end user, who is possibly being robbed of choice, it has tainted all with a filthy patina of win-at-all-costs greed.
I would like to see Apple disappear in a few years.

By Alperian on 28 Aug 2012

The world's most valuable company

It's interesting that when a company is securely dominant, it becomes the target of much vilification.

Not many people feel that strongly either way about IBM these days, but they used to be the bogeyman of the computing world. Ditto Microsoft.

Now Apple seem to be stepping up to the plate.

By Alfresco on 28 Aug 2012

Why should Samsung be the only exception?

In cars, different makers share their patents with each other, and none have so far refused to pay royalties to a patent holder when asked - Samsung refused because they believed the law only applied to everyone else.

Electronics giant Phillips has sued many competitors for patent infringement, some it won, some it lost, but it is normal for people to protect their property, intellectual or otherwise.

All Samsung has to do is to innovate instead of copying. RIM do it, Nokia do it, Microsoft do it. Are Samsung designers so stupid they can only copy what already exists?

Google itself warned Samsung its devices were too similar to iPhones and iPads, and says most of the infringements do not affect the underlying Android OS.

But let's just keep on believing the crazy scenario that Apple is a bully, that the policeman who gives you a speeding ticket is a bully, that the detective who catches the man who burgled your house is a bully, that the legal system is designed to support only one company and is bent, and that the sun shines black.

By SwissMac on 28 Aug 2012

@Swissmac

.
Thanks for the fanboi view.

What you don't seem to have grasped is that people don't object to apple protecting VALID patents, they object to them using patents that should never have been granted in the first place as an alternative to true innovation.

There are two things (amongst others) that should prevent a patent being granted.

Firstly, 'Prior Art'. You should not be granted a patent for something that someone else has already done but not bothered to patent.

Secondly, 'Obviousness'. You should not be granted a patent for doing something in a way that anyone who wanted to do the same thing would naturally choose.

Unfortunately, the US patent office is dilatory in properly checking patent applications and grants them for that were in existence well before the applicant used them and for things that are blindingly obvious.

For example, they once granted a patent to someone for the technique of using an XOR function to display a moveable cursor on a screen.

If apple ever TRULY innovated then I'm pretty sure all reasonable people would support them in their attempts to protect that innovation but putting a rectangular screen in a rectangular case and not leaving sharp edges on it is NOT innovating. It's just copying what people have been doing for decades and then opportunistically claiming it as an innovation.

By qpw3141 on 28 Aug 2012

@qpw3141

Apple Patent Insanity Rant or why we need a Patentlaw Reform
http://www.youtube.com/watch?v=omzKvrZhY-o

Not sure how impartial the source is but quite an interesting watch

By ish44 on 28 Aug 2012

@qpw3141

Surely if the claims in a patent (be it substantive application or granted) are felt to be invalid third party are well within their rights to challenge the relevent claims (pretty standard process). Interesting that a company like Samsung (with massive pockets) didn't approach it in this way. Maybe companies now will be encouraged to develop truely innovative products rather than produce a load of "me too" stuff.

By russell_g on 28 Aug 2012

@russell_g

"Surely if the claims in a patent (be it substantive application or granted) are felt to be invalid third party are well within their rights to challenge the relevent claims (pretty standard process). Interesting that a company like Samsung (with massive pockets) didn't approach it in this way."

Who knows why lawyers do things the way they do.

"Maybe companies now will be encouraged to develop truely innovative products rather than produce a load of "me too" stuff."

Unlikely.

Apple, after all, did not invent the phone or even the smartphone. They just came up with a me-too product. And they are doing very well with it.

Their only true innovation was in using patent law to suppress competition.

By qpw3141 on 28 Aug 2012

@qpw3141

Haha! Do you know how funny you sound? Because I believe in the rule of law and being paid for what I do you call me a fanboi!

Apple have no patent on rectangles, you're being absurd, and you know full well the case was not about that. You're just copying everything the Samesung shills and PR department says... lol!

By SwissMac on 28 Aug 2012

Oh dear

I've been following the US Samsung vs Apple case quite closely and something thats become very clear is that 9/10 people have registered some kind of disgust with Apple for what they see as an attack on their choice as a consumer. If I was an Apple exec I would be very worried about the PR that this is creating among the global market. Apple are already seen as a company that abuses labour laws in other countries and adds no real benefit to the global environment. Now they are seen as "bullies" that are abusing the patent system by litigating against every competitor they have. it is well known that Apple do not invent themselves, they take other peoples products and restyle them.

Something to think about: As we grow we look to our parents and copy their behaviour to develop. We copy our peers socially. Copying is human nature, itsh ow we learn, its innate. Samsung probably did copy features from the first iPhone but the two companies have moved in different directions since, adding value to the market place. Actions like this serve to now limit the development and creativity that has taken place. All to earn some shareholders more money. If a US consumer wants a non-Apple phone, they will have to accept a version that has been modified to reduce features.

On a personal level, I currently own an iPhone 4. Its disappointing but Im sure the iPhone 5 will be a blockbuster product that will climb to the top of sales charts and make them billions more dollars.Im not going to get one though because my opinion of them as a company is now so damaged that I would rather forgo a smart phone than get another Apple one. I am not the only consumer that feels this way.

By Ischaria on 28 Aug 2012

@swissmac

The thing is that increasingly, you seem to be a lone voice in the wind (on this forum at least).

It may well be that in years to come, people will look back at this judgement as see it as the start of Apple's decline.

Whether the court ruling is right or wrong, I leave for other, better qualified people to comment on.

However, my original point was with regard to how people perceive Apple as a company, and based on this move, it may well be the end of the "honeymoon" period.

Which is why I say that the new phone is going to have to be something really special. There's more riding on it than people think.

Time will tell...

By bronven on 28 Aug 2012

@SwissMac

Pot, kettle?

You're just copying everything the Apple shills and PR department says... lol!

By greemble on 28 Aug 2012

Prior Art

The Windows Desktop and Program Manager, as well as the Mac Finder, back in the 80s all used grids of icons.

How did Apple get a patent for it on the iPhone? Adding the word "mobile" to an existing method doesn't = new and innovative!

I am glad the EU turned down software patents - and that is as a software developer since 1981.

By big_D on 28 Aug 2012

@Swissmac

"Haha! Do you know how funny you sound? Because I believe in the rule of law and being paid for what I do you call me a fanboi!"

Do you seriously believe that nobody thought you were a fanboi until this blew up?

You long ago inherited the job of forum fanboi from marklar77. (It seems the PC Pro forums always have to have one.)

By qpw3141 on 28 Aug 2012

It is sad

All this does is show how worried apple is. Finally Android phones are coming out that are better than the Iphone and they run to court scared.

By Ryenose on 28 Aug 2012

It is sad

All this does is show how worried apple is. Finally Android phones are coming out that are better than the Iphone and they run to court scared.

By Ryenose on 28 Aug 2012

It is sad

All this does is show how worried apple is. Finally Android phones are coming out that are better than the Iphone and they run to court scared.

By Ryenose on 28 Aug 2012

It is sad

All this does is show how worried apple is. Finally Android phones are coming out that are better than the Iphone and they run to court scared.

By Ryenose on 28 Aug 2012

It is sad

All this does is show how worried apple is. Finally Android phones are coming out that are better than the Iphone and they run to court scared.

By Ryenose on 28 Aug 2012

What's next...

Maybe a fruit company can sue Apple next for using the name of something that existing long before they came along?

By darth_baldrick on 30 Aug 2012

Farce

It strikes me as potentially a rather cunning approach that Samsung's lawyers have taken. Don't put up much of a fight, let Apple make very public fools of themselves, and then go straight to the judge and point out that the fight wasn't fair to begin with. If they knew this all along, it is an incredibly shrewd move. If they didn't, it's incredibly lucky.

d_b, no more Apple for me, in future I'll only be buying near-spherical crunchy tree fruit with a brown stalk that is red, or green, or combinations thereof.

By baldmosher on 30 Aug 2012

smh

The lawyers must be loving this. And to think there are starving people in the world.

By complus1 on 30 Aug 2012

Apple vs Samsung-

This seems a shameful endeavour by what purported to be a forward thinking company in the past- now, over the last 5 or so years (Flash, i-tunes, the app store) demonstrably a profit driven, corporate bully like most of the rest. Of course Samsung is not without fault but the simple test of patenting the housing of technology and it's basic presentation in simple terms- 'Rectangles with rounded corners'- reveals a cynical and greedy attitude which in my opinion will corrode the credibility of Apple. Stockholders are doubtless presently rubbing their hands together with glee but this kind of action even between corporate giants invariably has the destructive effect of limiting technological and design innovation as well as being the pre-cursor to a monopoly. This is quite apart from the fact that the decision came from a US court in favour of a US company against a South Korean company in a patent arena which (if Apple persists in its prosecution) should mean all similar designs/configurations by any other manufacturer must also be penalised and withdrawn or modified for 'compliance'.

Bit of a rant I know but I stand by my grievance re the stifling of innovation, development and competition. The superficial result will probably be a localised enforcement in the US with Samsung losing out financially to some extent (they actually make most of Apple's tablet hardware anyway apparently). Furthermore I think it means another dent to the public reputation of Apple and another step by them to line up with the anti-competitive, corporate narrowmindedness shown by companies such as Microsoft in the past. I would hope there may still be a better, more intelligent and magnanimous future for the Steves' company but I guess we shall see...

By Veganboy on 30 Aug 2012

Apple vs Samsung-

This seems a shameful endeavour by what purported to be a forward thinking company in the past- now, over the last 5 or so years (Flash, i-tunes, the app store) demonstrably a profit driven, corporate bully like most of the rest. Of course Samsung is not without fault but the simple test of patenting the housing of technology and it's basic presentation in simple terms- 'Rectangles with rounded corners'- reveals a cynical and greedy attitude which in my opinion will corrode the credibility of Apple. Stockholders are doubtless presently rubbing their hands together with glee but this kind of action even between corporate giants invariably has the destructive effect of limiting technological and design innovation as well as being the pre-cursor to a monopoly. This is quite apart from the fact that the decision came from a US court in favour of a US company against a South Korean company in a patent arena which (if Apple persists in its prosecution) should mean all similar designs/configurations by any other manufacturer must also be penalised and withdrawn or modified for 'compliance'.

Bit of a rant I know but I stand by my grievance re the stifling of innovation, development and competition. The superficial result will probably be a localised enforcement in the US with Samsung losing out financially to some extent (they actually make most of Apple's tablet hardware anyway apparently). Furthermore I think it means another dent to the public reputation of Apple and another step by them to line up with the anti-competitive, corporate narrowmindedness shown by companies such as Microsoft in the past. I would hope there may still be a better, more intelligent and magnanimous future for the Steves' company but I guess we shall see...

By Veganboy on 30 Aug 2012

Hypocrisy and US bias

Apple were publishing my copyright stuff via iTunes, without my knowledge for two years or more. They seem to have no UK division that you can claim against, and in the US you effectively cannot sue unless your copyright is pre-registered on the US system. (You cannot afford the lawyers otherwise). You send a Take-Down Notice to stop the problem, but you don't get paid for the illicit copies. You write to Apple HQ in California, and they fob you off. You file a US federal complaint, and no-one cares. UK lawyers quote £600 per hour to fix a problem that you know cannot affordably be fixed.

I will not buy an Apple product, so long as they have no responsible UK base. I would warn others to avoid them for that same reason. They are a US company backed by US jurors, courts and lawyers. Won their case? In California? Surprise, surprise . . .

By ni_com9 on 30 Aug 2012

I hope some one sues Apple and Wins

I really hope some one sues apple and wins big-time.

Perhaps Paul McCartney should sue them for copying his Apple record label logo.

Or the late Gene Roddenberry's family could sue Apple for copying their tablet computer originally invented in the 60's.

At the end of the day, Apple is feathering their nest at the expense of every one else, including those that have not even bought a smart phone or tablet computer yet. By the time the youngsters of today, that don't already own one, get the chance to buy a smart phone or tablet computer, the choice will be Apple, Apple or Apple and they will be told by Apple when and how they must use it.

Myself, I'd rather go without.

By shrek59 on 30 Aug 2012

I voted with my feet

This week I was in the market for a tablet - just to play with. Aware of the Apple case I decided to buy from another supplier a tablet with Android OS rather than be bullied by Apple over what I might do with my purchase.

By eacox on 30 Aug 2012

I'm an outlaw

Feel sooo bad with my banned S2!

By complus1 on 30 Aug 2012

paying their way

what no one has mentioned here yet - is that those nice people at Apple also seem to get a lot of flak for innovative accounting so they are not liable to pay taxes (apparently that's partly why all that money is piling up in offshore accounts for them).

By SL999 on 30 Aug 2012

@SL999

I mentioned that in the article PCPro wrote last month about how Google was being evil for minimising its tax. In that article they also mentioned Facebook and Amazon, but oddly there wasn’t any mention of the biggest culprit of all (by a long, long way): Apple.

By TheHonestTruth on 31 Aug 2012

@TheHonestTruth

What more can you expect from applePro?

By qpw3141 on 1 Sep 2012

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