Apple Launches All-Out War Against Samsung. Demands Ban on Galaxy Nexus in the US

Posted:  February 14, 2012   By:    42 comments   


Apple is pulling out all the stops in the on-going patent wars against Samsung seeking a preliminary injunction to ban the Galaxy Nexus in the US saying that the Korean tech company infringes multiple key Apple patents that could cause “irreparable harm” to the Cupertino tech giant.

In the filling Apple claims: “Absent preliminary relief, by the time Apple prevails in this case – and Samsung’s infringement is so clear there can be no serious dispute that Apple will prevail – Samsung will have rushed the Galaxy Nexus, which misappropriates many patented features from the iPhone, to capture market share from Apple that Samsung will be able to retain long into the future,”

“Even worse … the full harm to Apple cannot be calculated, making it impossible for Apple to be compensated by money damages.”

Apple says the Galaxy Nexus and its Android 4.0 Ice Cream Sandwich OS violated four of its patents: predictive text; a data-tapper feature, which recognises data such as phone numbers and provides a link directly to the dialler, for example; a voice search feature that Apple believes is imitative of Siri; and even the popular Face Unlock feature.

In addition, Apple says that Samsung is using a “follower” strategy to steal market share knowing that customers often stay with their first smartphone OS because it’s often an inconvenience to switch platforms. Apple asserts that Samsung doesn’t mind having to fork out on these patent infringement cases because the damage to Apple’s market share will already have been done.

The filing also complains about Samsung’s advertising tactics, which poked fun at Apple’s most devoted customers.

“While Samsung sells products copying features that make the iPhone distinct, Samsung has simultaneously embarked on an advertising campaign designed to tarnish Apple and mock its consumers for considering Apple’s products distinctive and, for that reason, valuable,” Apple said in its filling.

Apple has already lost an attempt to get previous Samsung Galaxy devices banned in the US, when a ruling from the same California court went against the firm last December. The company is currently appealing that decision.

The case is yet another front in the globe-spanning patent wars between Apple and Android phone-makers including HTC and Motorola. But the fighting is particularly intense with Samsung, which overtook the fruity firm in the third quarter last year as the world’s top smartphone seller.

Is this a sign of desperation from Apple? Is the company running out ideas to bring more innovation into the market? Or are Apple’s claims legit?

Our thoughts: Apple should get out of the courts and get right back to creating wonderful products. Apple has brought numerous innovations and we’re all thankful for that but the times are changing.

There are now formidable competitors in the playing field and this presents a tremendous challenge for Apple and the company knows it.

Apple needs to be more flexible with its product development. It needs to be more dynamic and fluid, it needs to be faster in response to what competitors are putting out in the marketplace. Of course, the fans will say that Apple still sells more devices and make more money that its competitors, and while that’s certainly true you can’t help but wonder what is the real motivation behind these patent attacks. All’s fair in love and war. Steve Jobs was famously quoted saying “Picasso had a saying. He said, good artists copy, great artists steal. And we have always been shameless about stealing great ideas.”

As always, you are welcomed to disagree.

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42 Comments for Apple Launches All-Out War Against Samsung. Demands Ban on Galaxy Nexus in the US

@anwa_k

Apple for the new religion

Derrek

This is a disappointing move from Apple. I'm a firm Samsung supporter, but even I know that Apple was the company that started the whole smartphone trend. They set the bar and they set it high. They changed the face of mobile phone technology forever, and in the process made way for tons of competitors and other similar products on the market. I hoped that Apple would take on the challenge like the global juggernaut that they are instead of whining like lil' bitc*es and hiding behind their lawyers' robes. What did they expect when they released the iPhone? That other companies would just sit there and rot into oblivion? No. Now we have a thriving mobile phone and tablet market. It's either eat or be eaten, and if Apple stays its course in court it'll have another big piece bitten out of it's logo, if you know what I mean.

    Don

    Just because iPhone is the first setting up trend of smartphone and became popular doesn't mean it has no rights to sue other companies that infringed their patent. It's a normal things for companies to do that, don't just accuse apple just because their sales are high and is a much much popular companies. They ban them because they wanted the companies being sued to buy the licenses from apple if they really infringe the apple patents. Who says a already popular company can't sue the copycat companies? Just because the copycat companies is too pity to survive?

      Duh

      pity u with that thinking of 'sympathy' .this is business war….in the real world,lawyer firm are the soldier of gaining profit for corporate.today u accuse other copycat,tomorrow u self oso can be copycat just to stay on course…
      very simple question for u, typing in this comment,u were using QWERTY keyboard type,either on pc,notebook,iphone,blackberry,samsung,any other else device..so does that mean Apple not copy the keyboard patent?? but who cares..as long all benefit from it…grow up kids…

      Derrek

      What you just said makes absolutely no sense, and clearly shows that you didn't understand my comment. Take your time buddy, you'll get there.

        Don

        Anyway u wanna say, Im now selling Samsung phones and almost all the things they copy apple. This is undeniable. They are laggy when I'm playing all the Samsung phones especially the note. The s2 is so kns that almost everyday will have at least one customers seek for technical help. And some already repair twice also no use while some repair for 700-900rm. Apple replacement policy is much more better. Ever since then I no longer trust samsung android anymore. This is based on what I saw in my original Samsung store I worked. Customers feedbacks won't lie and my personal use of the android phones when working won't lie. Don't get cheated by those specs they gave, think of the after purchase services also.

          Derrek

          Nope, still irrelevant. This isn't about who's better and who makes better phones. That's a dated debate that'll never have any real answers…ever. Phones will always evolve, get better, and for all you know this time next year, Nokia will be standing high and mighty with some new innovation that crushes both Samsung and Apple. Who cares if your customers complain or not…the point is Apple is threatened by Samsung, and instead of improving they're hiding behind silly laws.

          Jgn la menipu

          I think u bluffing.i been buy product samsung all time.if the product under warranty,they will repair it foc or change whole new set.so,y do i need pay repair rm700-900?only u this seller irresponsible giving lame excuses to ur customer.apple only provide coverage if under warranty.after warranty,u oso need to page huge sum.its no diff with samsung,nokia or other.no wonder u r selling samsung n not work at apple store.bcos they know u will make their brand name busuk.

        Richard

        Face it…Apple has lost its bearings. Apple may not want to admit it but iOS is now inferior compared to ICS. Kudos to the Android partners for introducing the innovations. Perhaps El Goog should sue Apple for "stealing" the notification bar, voice search, multitasking, etc. Before you flame me for being a droid fanboy, I can assure you that I am far from being one. In my family, we use iPads, iPhones (yes, I hate to admit it but I recently acquired the latest but shamefully sub-standard 4S which is devoid of any real innovation) and Samsung droid phones. My honest opinion after using the fruit and the desert themed devices….Mountain View wins in user experience. Lag in droids? From my experience, the new generation Samsung droids is so smooth and most important of all, Android supports true multitasking. What about Apple multitasking? Well….if you can consider Apple's definition of multitasking as multitasking, Android must be multitasking on steroids.

        It's high time for Apple to wake up from its arrogance and start innovating again. Unless they come out with a revolutionary IP5, it's bye-bye to Apple and hello SGS3, SGS4 or the next Nexus phone. Well, even the Wizard of Woz said Android is now the far better device compared to IP. Instead of spending time suing for every so called patent which Apple probably didn't have any real solution to realise the patent, they should concentrate on producing great products again.

azamil

why Samsung, not Google?

    0204

    maybe cause Google owns Motorola now.. which have way more patent.. u know.. always pick the one u can win.. besides i think its easier to "calculate" the profit they can get from samsung than from google which sort of giving out android for free..

    sinach

    because Android is an open source if i'm not mistaken.

@ibrahimrabani

i've used most of mobile platforms, namely symbian, windows mobile, ios and now android. while i'll say ios is not the first smartphones in the market, they are the revolutioniser and making a lot of people switch from normal phones to smartphones. previously whoever uses smartphone such as HTC Tytn2 and Dopod series are cosidered geek/ noob and tech wizard. the appeal to modify the phone to your liking didnt appeal mainstream market but iphone changes that game with tons of apps and thus we saw apple diehard fan grows. android takes what ios couldnt offer OR dont want to offer like USB capabilities and bluetooth transfer and people who used to ios but need to jailbreak feels that andorid are offering something better which in my case it is. whatever the way it goes, we as consumer gets the benefit out of it. now i'm looking how window phones build up. who knows?

    ioi

    First proper touch screen based smart phone. The rest sitll resistive screen with stylus.

      Endeavour

      The first capacitive touch screen phone in the world was the LG Prada, or the LG KE850, launched late 2006. Not the iPhone.

      As for first without stylus…. Way too many to be listed here.

      Even the icons and format in the first LG Prada were similar to iOS.

      iPhone was launched in June 2007.

      LG Electronics has claimed the iPhone's design was copied from the LG Prada. Woo-Young Kwak, head of LG Mobile Handset R&D Center, said at a press conference, “We consider that Apple copied the Prada phone after the design was unveiled when it was presented in the iF Design Award and won the prize in September 2006.”

      LG later claimed that Apple stole both the ideas and concept of the Prada phone. A lawsuit by LG had been rumored prior to this announcement; however, LG never followed through with it.

      Why? Because other phone companies don't do the sour stuff Apple likes to to.

      Keep in mind that many iOS features now were not found in the original iPhone, such as list searching, MMS attachments, folders, and even something as simple as video recording.

      All this Apple copied from competitors who had them as standard features on their smartphones.

      To quote Steve Jobs, "We have always been shameless about stealing great ideas."

      So, shut the fuck up Apple fucktards.

      p/s: if u have any doubts regarding the truth of anything said here, your good friend is Google.

Bye

As a apple supporter for straight 3yrs,3gs,4 n now 4S,i will say 4s definitely the last gadget from apple in my life.hell,i buy ur product n u gain $.i hope u better do charity for the needy with those lawyer fees than use to waste time sue for the lame excuse of that ppl copy.dun forget phone is created by agraham bell.not u apple,not steve job.without him,it will never have iphone.rip apple n steve job.

awesomo

Quite unbecoming of a market leader. I find it unbelievable that Apple themselves think that they are solely responsible for every good idea. I guess they themselves aren't immune to their own reality distortion field. Repeat a lie often enough and it becomes gospel.

0204

"which recognises data such as phone numbers and provides a link directly to the dialler"

i had the n900 and this was there all the time.. i guess n900 didn't get such a market share that got apple attention huh? or is it nokia who should be attacking back? not sure..

lala2

maybe apple had patents, but, but, they already make enough money right?

sinach

i cant understand this patent troll.this is a competitive markets and Apple should play like one. Apple is the current biggest smartphone producer and they should act like one, keep on produce great gadgets. i used to have windows gadgets and currently android phone & iPad2. i can see why Apple feel threatened by Android/Samsung. And as for patent, voice search is feature used by Android since 2009 and they said it imitate Siri?i thought they claimed Siri is an AI not a voice search. and face unlock?if not mistaken, Apple just file patent of face unlock a few months ago, after Android 4.0 launched. and now they claimed its their technology? What i see now Apple start to play catch up not a leader once they are.
And sue on adverts? are u kidding me? u fight fire with fire la. counter it with another adverts showing your superior features ahead of others. come on man.. unless u dont have one.
i'm not a fan for any product, but i found its bullshit to use courts and the loophole of patent law to hold other competitors. i dont want to use one product. i want variety in the market. thats way company improve to prove they're the best. and benefits goes to us, the customer.
so,whats next Apple?

boulala

sudah2 la tu…. bosan weh…. dh mcm cite pasal politik dah….

kazai

apple are going nowhere without steve jobs. now they are busy suing other company instead of thinking of a new invention.

    awesomo

    I believe they are continuing Jobs' legacy. Remember, Jobs was willing to go 'thermonuclear' against Android/Google for 'stealing' his ideas. I shudder to think the heightened level of aggression if Jobs was still alive today.

@wizview

Tragic that the nice smart kid next door suddenly became the richest guy on the block and has now become the new cocky neighborhood bully !

Apple has forgotten its humble beginnings

Kelvin

It is normal. When you are the leader in that industry, you will take whatever it takes to stay there.

Apple is becoming big now, and less versitile and innovative, just like what happen to Microsoft a decade ago. You have to report to your shareholder, if you are loosing your market share.

Now, Microsoft is doing something great with Windows Phone. You need to be small to innovate again. Like what Jack Ma said "Small is beutiful".

    lala2

    yes on the apple part,

    no on the window phone part, lol.

      Kelvin

      I love Nokia to stay with Meego, but Windows Phone really is good, this is just my point of view.

      nomio quattre

      Windows phone is great.. give it a chance..

Groovy

Does apple want and award for kept sueing people ?

@joonsunn

I'm surprised at the responses to the post. I would've thought there'd be a bunch of Apple supporters going ballistic about how Android stole from iOS and so on.

The root problem of all is actually the patent system of USA. Many of Apple's "inventions" shouldn't have been granted a patent in the first place. Did you know there's a patent by the title of "thermally refreshed bread'? Know what it is? It's toasted bread. Yep, it's patented, and you ought to be paying royalties to the patent holder for thermally refreshing your bread.

Apple used to be the underdog. They were the 'rebels' who symbolised anti-establishment ideas with that ad of throwing a hammer towards a screen showing 'big brother'. Now that they become 'big brother', look at what they're doing. Hypocrites.

'Big blue' used to be the norm, and having a product with white appearance was the 'in' thing to do back then. Now, that unmistakable white headphones just symbolises conformity. To me, it's almost a badge of shame.

Apple the mafia army

Damn….every time i walk into apple authorized retailer store.i feel the ppl work there wear black color uniform like mafia style.selling expensive gadget like drug price.

Disappointed reader

Dear ccsoya,

you do know that inciting favoritism in your articles is actually showing lack of professionalism.

i was always aware that this site is pro-Android since a long time ago. But to show the obvious up to this extent is really uncalled for.

    @joonsunn

    Actually, SoyaCincau appears to be pro-Apple to an Android fanboy like me. They are quite unforgiving when reviewing Android devices. Just that the tone has been changed a bit to accommodate this news item.

    With this I can say SoyaCincau is pretty neutral? Telling it as it is? It's a blog anyway, so they are entitled to express opinions. Only play the 'lack of professionalism' card when the same thing is said in TheStar.

    jeff

    Dear Disappointed reader,

    You will feel disappointed if only you are a App*e Fans, nothing wrong expressing its own opinion (which is the fact) on its own blog. Did you know that Apple even suing bankrupt company like Kodak for patent issue. It makes me feel Apple is so 'low'. On the other hand, I'm glad that the tech blogger actually show some emotion instead of playing cool and act neutral like in newspaper for the sake of "stupid" professionalism.

      chunyeen

      I see more and more android fans are attacking the iOS people. Like my previous reply, it was a fact but I got 2 dislikes without a reason? Don't deny facts if you want to have a valid argument.

        sinach

        chunyeen, actually nobody attacking iOS PEOPLE here. we're condemning Apple, nothing to do with you and your love towards iOS. most of the comment here deserve a plus when they comment in very good manner, no fire, no bashing. all give their opinion. u should give opinion too, but instead you claim the author trying to be bias. sorry. but pls be cool. nothing personal here.

        All Symbian

        Nokia will be better than the iOS and Android. You just wait and see. Until now nobody can beat Nokia N8 camera.

@chunyeen

I see many future CEOs here with many strategies. Motorola, Samsung, HTC, LG. Choose one.

Soya Cincau is giving advices to Apple about how they should operate? Wow, who is talking to the innovative giant here?

Disappointed reader

Dear ccsoya,

you do know that inciting favoritism in your articles is actually showing lack of professionalism.

i was always aware that this site is pro-Android since a long time ago. But to show the obvious up to this extent is really uncalled for.

    @chunyeen

    Exactly. They said Apple was inferior when they sold 1 million 4s in a week but champion for Samsung to sold 1 million units in 2 months. I don't have to mention which post.

squareface

Apple has lost their innovative capability and now they are suing others to stop them from being innovative as well…. Sad case for consumers in US and Europe..

jane

just caught up with this article. brilliant summary there. Apple needs to stop their bitter bickering and need to move on. they may have made these innovations a reality but doesn't mean they are all his. i can only imagine if Apple were to produce a car, they would probably sue everyone for using parking brake.