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.