Samsung: Apple trying to limit consumer choice

Sep 01, 2012 by Youkyung Lee
A man uses a cell phone as he stands in front of a display of the new Samsung Galaxy Note II smart phone during a media preview at the Samsung stand at the IFA consumer electric fair in Berlin, Thursday, Aug. 30, 2012. (AP Photo/Markus Schreiber)

(AP)—Samsung on Saturday accused Apple of resorting to litigation in an effort to limit consumer choice after the iPhone maker said it was seeking to stop the sale of Galaxy S III smartphones in the United States.

Fresh from its $1 billion court victory over , Apple Inc., in a separate case, asked a in San Jose, California, on Friday to add four more products to a list of Samsung goods that Apple says infringe its patents.

The new list of 21 products includes Samsung's flagship smartphone Galaxy S III as well as the Galaxy Note, another popular Android phone. If the court finds those devices are infringing Apple's patents and irreparably harming the U.S. company, it could temporarily halt sales in the U.S. market even before the trial begins.

The latest accusation is part of a larger, epic struggle over patents and innovation in one of the most lucrative consumer electronics sectors that is unfolding in 10 countries.

The biggest stakes are in the U.S., the world's largest smartphone market in 2011. Last month, a jury in the San Jose court found that Samsung had copied Apple's design innovations and Samsung was ordered to pay Apple $1.05 billion. Samsung has vowed to appeal the verdict, all the way to the U.S. Supreme Court if necessary.

A boy checks an iPhone at an Apple booth at an electronic store in Tokyo Friday, Aug. 31, 2012. A Tokyo court has ruled that Samsung did not infringe on an Apple patent, in the latest development in the legal battle between the two technology titans. (AP Photo/Itsuo Inouye)

On Saturday, Samsung denounced Apple's attempt to halt sales of the S III, which hit the 10 million mark in July, less than three months after its release.

"Apple continues to resort to litigation over market competition in an effort to limit ," Samsung said in a statement. "We will continue to take the necessary legal measures to ensure the availability of our innovative products in the United States."

The of the S III were crucial in driving Samsung's to a record high in the last quarter and helped it stay ahead in the worldwide smartphone market.

In documents filed with San Jose federal district court on Friday, Apple said 21 Samsung smartphones, media players and tablets released after August 2011 were "copycat products."

"Rather than innovate and develop its own technology and a unique Samsung style for its smartphone and tablet computer products, Samsung has chosen to copy Apple's technology, user interface, and innovative style," Apple said in one document.

The Cupertino, California-based company claimed that Samsung is illegally using its eight patents. One patent is related to the way the device retrieves information in a computer system and another is about gestures on a touchscreen display to unlock a device.

Apple and Samsung are the world's two largest smartphone makers and together they control over half of the global market. They are embroiled in similar legal tussles in Asia, Europe and the United States.

In April 2011, Apple first accused Samsung of illegally copying Apple's design and technology in the smartphones powered by Google Inc.'s Android technology. Samsung countersued, arguing 's and iPad used its wireless technology without permission.

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Ophelia
1.8 / 5 (10) Sep 01, 2012
"Samsung: Apple trying to limit consumer choice"

What a weak a$$ argument. Samsung is free to sell whatever it wants as long as it doesn't infringe someone else's patent. If it can't compete as effectively because of the patent, that's tough, but that's what patents are for; that's why everyone wants them; and that's why billions of dollars are invested into research and development every year. And that includes Samsung.

The patents that it has been found to infringe now provide Samsung with the impetus to research and develop something even better to offer to consumers, instead of riding on Apple's coattails.
_etabeta_
3.7 / 5 (6) Sep 01, 2012
"Samsung: Apple trying to limit consumer choice"

"What a weak a$$ argument. Samsung is free to sell whatever it wants as long as it doesn't infringe someone else's patent... "

What a weak argument that YOU have. You think that a group of 12 morons can decide whether rectangles with rounded corners can be classified as patent infringement.
Don't you realize that if Apple has their way, at least in the US, consumers will have a very limited choice of what smartphone they can buy?
I fully support a complete boycott of anything that Apple puts their name on; I am fed up with their bullying methods and ridiculous patents. SHAME also to the USPTO that grants patents for this crap.
Ophelia
1.8 / 5 (5) Sep 01, 2012
@etabeta, there wasn't infringement found relating to the round corners matter. So get your facts correct.

Nice that you can call 12 people (actually, the jury was 9 - paying attention again? and the foreman had several patents issued to him, so he knows the process and that some patents are valid and some invalid) that you know absolutely nothing about morons. Rather judgmental, don't you think?

By the way, did you sit through the trial? listen to the witnesses? sit 10 feet from them judging their credibility? consider the evidence? take an oath to render a fair and impartial decision?

If you don't support patents, fine. But you should also realize that patents provide market protection and is one huge reason why companies invest in risky R&D.

Why do you think Samsung has patents by the way? Because it wants to spend billions of dollars in R&D just to give it away for free to some company that doesn't?

Try live in the real world.
ValeriaT
3.7 / 5 (3) Sep 01, 2012
that's why everyone wants them
When some anonymous at public forum starts with using the pronouns "we", he's lying by default. Such a demagogy cannot be seen even here at PhysOrg often.
Ophelia
1.6 / 5 (7) Sep 01, 2012
@etabeta: you wrote: "Don't you realize that if Apple has their way, at least in the US, consumers will have a very limited choice of what smartphone they can buy?"
Once again, you don't understand what you are saying. Samsung can still sell smartphones. There exist certain features and attributes,however, that can't be used because they infringe Apple patents. Once again, should Apple have developed that technology so Samsung could use it for free?

Oh, that's right. You work for free, don't you?
Ophelia
1.7 / 5 (6) Sep 01, 2012
@ ValeriaT: "When some anonymous at public forum starts with using the pronouns "we", he's lying by default. Such a demagogy cannot be seen even here at PhysOrg often."
Uh, you want to show everyone one single place where I used "we"?

And the fact that so many people/companies apply for patents seems to support my position more than yours.
gopher65
5 / 5 (3) Sep 01, 2012
Ophelia: Samsung definitely infringed on Apple's patents. That said, most of those patents should never have been granted in the first place. Many of the infringed upon patents should have been invalidated based on prior art.

Just one of several examples: bounceback was invented long before Apple patented it, and actually used in consumer devices years before the patent was submitted for consideration. In the case of the bounceback patent the US patent office failed to do its job. Apple shouldn't be rewarded just because of lazy patent clerks.
Ophelia
1 / 5 (3) Sep 01, 2012
@gopher65 - Perhaps the patent should be declared invalid on "bounceback". I don't know. I have not studied the patent. I have not studied the prior art. I have not studied the claims. I don't know if what you say is true because I can't know unless I know the exact wording of the claims --- and you can't either unless you have done that. I once had someone tell me Townes original patent for the laser shouldn't have been issued because everyone knew how to do what he did. I pulled the patent up, showed him the claims and showed how much more was claimed that what he thought and he changed his mind.

People, you can't go by what the media tells you about what a patent claims because it condenses a patent claim down to one word - bounceback - and decide it was in prior use.

Suppose Samsung had been found guilty of infringing the round corners & the patent was invalid. It can still sell smartphones without them.
Samsung isn't out of the market.
Ophelia
1 / 5 (5) Sep 01, 2012
@etabeta: By the way, hopefully in the future if you end up on a jury trial where you sit for several weeks for 6 hours a day listening to testimony and examining exhibits and thinking about what is transpiring - all of which is then "captured" in a news story that takes about 2 minutes to read - someone reading those stories won't call you a moron for the decision you reach.
gopher65
not rated yet Sep 01, 2012
The thing I found amusing about the trial was when the jury foreman said that they'd completely disregarded the testimony of the paid witnesses of both Apple and Samsung.

Hahahaha. Money well, spent, huh? (Literally millions was spent by each side on those paid witnesses.)
kochevnik
3 / 5 (2) Sep 01, 2012
Apple relies on a new crop of zombie hipsters to popularize their monolithic, proprietary shells enclosing electronics from more prominant manufacturers like Samsung. Theses hipsters are the same breed that fill sites like couchsurfing.com, where hipster freeloaders expect hosts to roll out the red carpet so they can park their butts in the living room for a week and sponge their hosts kitchen. Moreover the hosts are expected to pay $25 to verify they are not serial killers, because everyone knows serial killers are tightwads. It's the generation wave of public school dumb that Apple surfs, and Chinese imitate because they mistake USA hustling and opportunism culture as cleverness.

Apple keeps their wealth offshore, because THEY know what America really is.
Ophelia
2.3 / 5 (3) Sep 01, 2012
Just curious. Since every one here seems to think Apple should get nothing in this, are you all pirate downloaders?
defactoseven
not rated yet Sep 02, 2012
Just curious. Since every one here seems to think Apple should get nothing in this,


No, Apple should get what it deserves, not what it stole.

are you all pirate downloaders?


No, but some of us know the difference between real and troll.
kochevnik
3.7 / 5 (3) Sep 02, 2012
Just curious. Since every one here seems to think Apple should get nothing in this, are you all pirate downloaders?
You mean the way Apple pirated it's computers straight from Xerox?
gopher65
5 / 5 (1) Sep 02, 2012
I know people voted kochevnik down, but it's actually very, very well documented how Apple stole its original GUI from Xerox. Steve Jobs was insturmental in that theft, and publically defended it after the it was discovered:

"And we've always been shameless about stealing great ideas."

Jobs also phrased a quote from Picasso in defense of his personal theft of others ideas (some of which were patented):

"Good artists copy, great artists steal."

Steve Jobs is an excellent example of how people change as they become successful.
Aloken
not rated yet Sep 03, 2012
No honor among thieves. Apple should get nothing out of this.