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Apple Once Again Seeks U.S. Sales Injunction on Over 20 Samsung Devices

financial-gavel

It was Ronald Reagan who once dismissively addressed arguments with the words, “There you go again.” In response to Apple’s renewed request for an injunction banning the sale of more than 20 different Samsung smartphones and tablets, I imagine Samsung lawyers are saying the same. 

The devices in question, most of which have been discontinued, were ruled to infringe on certain Apple-held patents in 2012. Judge Lucy Koh, who presided over the case in California district court, initially rejected the company’s request for a permanent sales ban on the offending Samsung smartphones and tablets, but a decision by the United States Court of Appeals for the Federal Circuit to allow an appeal has prompted a reconsideration of the proposed injunction.

Apple’s chances for victory, however Pyrrhic, are good. The Court of Appeals determined the company need only show “some” connection between infringement and product demand to prove harm to profits, rather than rely on actual device sale numbers as before. That differentiation will prove more important in Spring, when Samsung and Apple face off over Samsung’s alleged infringement in newer devices. Still, it’s tough not to wonder whether the hundreds of millions of dollars Apple has spent on this case alone have really paid off.

Via: Bloomberg
  • geocab

    Apple is like Electronic Arts when the NFL 2k series threatened Madden, instead of improving, they signed an exclusivity deal with the NFL.

    • cfusionpm

      Which is funny, because the NBA 2K series DESTROYS EA’s contributions on a yearly basis.

  • HarvesterX

    I’m glad Apple is doing this even though I don’t like Apple. I hope they do ban the sales of all of those Samsung devices. Samsung does copy off Apple on a lot. Apple also stupidly files suits over any little thing but I’m sure any device withbab64 bit processor will be on that list since Samsung made the CPU on the S5 that apple designed and I’m sure Samsung kept track of that and designed their CPU probably almost identically to theirs.

    Apple you need to lay off the lawsuits. Samsung, you need to get your sh@t together and start creating stuff that isn’t based off already proven ideas.

  • skwisgaar

    Apple: The worlds most annoying company, making the world’s most annoying products, for the world’s most annoying people.

  • chris125

    Come on apple really wasting time on devices not even being sold anymore? Seems like the lawyers needed some more money so apple is bringing this new suit up…

  • Michael Bell

    LOL, gotta love internet nerds who know nothing about business. If you guys invented something and got a patent on in and another company came along and infringed on it while making millions of dollars, I think you would sue as well.

    • sfad

      except they didnt invent anything

      • Michael Bell

        Sure they have. Why don’t you have a look thru the patents and see for yourself. The ones they didn’t invent, they were smart enough to patent because whoever did invent it wasn’t smart enough to patent it first.

        • Mike Hilal

          90% of apples patents include prior invention. They dont invent things, they are patent trolls. If you’re not convinced, go look at PDA’s that came out before/with apple’s newton. They had stuff out before apple ever thought of patenting it. The FTC would just rather see an american firm own the patent vs a korean one. Period complete.

          • Michael Bell

            And why do you think Google bought Motorola? Surely not because they were a great company but because they own tons of patents. Motorola pretty much started mobile communications. Pot, meet kettle

          • Mike Hilal

            When did I mention google? I was bursting your isheep bubble, as apple has not innovated anything since 2007…and even THAT is a stretch.

      • Michael Bell

        I know you a fandroids like to think that Google invented everything bit the truth is, they steal everything. If Google had invented anything, they would own patents and be going after Apple and other companies for stealing their ideas. They didn’t do crap, stole everything from Apple and Motorola

    • Tim Aries

      be careful mate, samesung fanbois will call you isheep LOL

  • vikings football

    wtf apple? the u.s. president vetoed the banning ofsome of your mobile devices…a veto that had nothing to do with the verdict to ban your devices, but more to do with protecting the american economy and a homer decision…and yet you (apple) cant get enough??? seems like apple is trying to slow down the samsung machine.

  • Cornstarch

    $5,000,000,000 is the cost of their new Corporate building instead of making better product or better yet give that back to the shareholders so they can put that money to make more money. the long time shareholders get squat for their return while Apple hoards $140,000,000,000 and growing

  • Robert Boluyt

    If this effects Samsung releasing decent next gen tablets next year, I’ll be ticked. My Note 8 is getting a little long in the tooth and was eyeing the rumored Note 8.4 Pro

    • Travis Thomas

      Get the lg g pad 8.3, way better than any samsung product out or coming out

      • Petro Dragoumanos

        I’m with you on the that. The only reason I would get the Note instead of the G pad would be if I wanted to use a stylus.

  • Tim Aries

    I no longer believe in Samesung anyway. Go on Apple!

    • Tim242

      Samsung is the reason for Android’s success.

      • Tim Aries

        Whatever. It just looks like people are trying to defend a company that is nothing better than Apple itself now. I’m not an iSheep, not A Samsung fanboy either

        • Tim242

          This has nothing to do with defending a company, or being a fanboy. Fact 1: All of them take ideas from each other. LG is following Samsung’s every move. Apple is copying more and more features from Android. Fact 2: Samsung sells more phones than all other manufacturers combined. Samsung also sells more phones than Apple. Love them or hate them, they do no worse than anybody else and sell more phones than anybody else.

          • Adam Medina

            Fact 3: Samsung sells 50 different models of cell phones and Apple sells the 4S, 5C, and 5S. Of course they are going to sell more.

          • Tim242

            Really? Are you serious? If that were the recipe for selling the most phones, everybody would do it.

          • Adam Medina

            Good logic.

          • Tim Aries

            well its like people should appreciate Lil Wayne cause he sold loads of records. samsung fanbois logic. im out.

          • Dave

            Couldn’t figure out how to PM you. I remember you had / have a GN2. I’m looking for an easy root & unlock tool, but I’m already on 4.3 and tne only one I can find only works on the original build and Windows 7, and I’m on Vista, any ideas? Looking to run JellyBeans by Beanstown106, isn’t that what you recommended last time? Thanks man.

          • Tim242

            I think Saferoot works on the Note 2. They say it works on most Android 4.3 builds. You will have to install safestrap to use ROM’s. I just had my first safestrap experience. You basically have to install the ROM in a ROM slot, which means it isn’t overwriting your stock ROM. You can dual boot. I used Kingo on the Note 3. It isn’t allowed on XDA because it is closed source. There was some worry about the collection of IMEI, but they have since stopped doing that. Just Google kingo root. Their site is first listed. I ended up selling my Note 3 and keeping my S4. I am going to hold out for the S5 haha.

          • Dave

            Insider numbers that have been leaked point toward Samsung quadrupling Apple’s sales quantities for 2013 after nearly tripling them last year. And by the way, you’re one of about two people here that realize how Samsung has become successful. They appeal to the masses and don’t pander to the %.005 that we are, although it wouldn’t hurt if they did.

      • Kevin

        Droid was the reason for Android’s success.

        • Tim242

          Droid got it jump started. However, that didn’t hold it for long. You know as well as I do that Samsung’s success is what keeps Android numbers growing. Droids aren’t selling like they once did. It’s all about the Galaxy.

          • Kevin

            Samsung just happens to be the top dog in the Android ecosystem. (Thanks to the Galaxy SII and then their heavy advertising and all their gimmicks on GSIII) If Samsung never really tried with all their ads and what not, it would either be Motorola or HTC dominating right now. You really can’t credit Samsung for Android’s success. With or without Samsung’s Galaxy phones, Android would still keep growing with LG, HTC, Moto, Sony, etc. When the Droid brand was dying out people were still continuing to purchase Android phones just not Droids. Also Android keeps growing because of well, Android. It has become into a more stable and fast OS. Do you think people are buying more Android phones now because of how much Android OS has evolved along with its App selection? Or because of Samsung?

          • Tim242

            I work in a cell phone store. Average consumers don’t know Gingerbread from Jelly Bean from a whole in their head. Marketing pays off. They want what Galaxy phones have to offer. Stock Android offers nothing special. You can think what you will, but Samsung deserves its success, and is the only OEM holding its own.

          • Kevin

            Of course they won’t since its running touch wiz how can you tell? The store you work in doesn’t account for why Android has become the biggest phone OS in the world. It’s the low priced Android phones that sell or at one point sold the most. Like I said Samsung just happens to be the most popular phone in the Android ecosystem now. People will continue to buy Android phones with or without them.

          • Tim242

            People like us will. Average consumers don’t have the allegiance that we have. HTC skimped on screen size and camera on the One. LG put buttons on the back of the phone. Average consumers aren’t going for that. Did you know that LG is poisoning its product buyers? Every power cord on every LG product is lined with lead. Thanks to CA law, they have to put the warning in the booklet with each product. The sad thing is, 99.9999% of people never see it. It warns that you should wash your hands thoroughly after you touch it. In case you didn’t know, lead is a major carcinogen. At least Samsung isn’t poisoning its users.

          • Kevin

            People are going to buy Android phones regardless of Samsung being the most popular. Android would still keep growing. Remember when HTC Evo was the most popular phone? Was Android not growing then because Samsung wasn’t the most popular? Android grew rapidly because social media grew rapidly. People wanted to communicate and chat with their friends on FB, tweet, watch videos, surf web online etc. There wasn’t really any other way you can do that besides the iPhone. Then the Droid came along and people saw that it could do more. Then people started hearing of these AnDroid phones and they thought it was as good as the original Droids. As more people got smartphones other people saw what these phones could do. They then needed to also stay up to date to play all the angry birds and what not and they needed a cheap alternative. Then that’s where AnDroid came along with all these low budget free on contract phones. Nobody was really in the lead at this point besides Motorola and HTC. Fast forward a few years later the Galaxy SII comes along starts to get noticed. Good phone with good specs. They then release the predecessor the GS3 also with good specs. Samsung starts marketing heavy on their phone taunting the iPhone saying that their phone is better and could do more. (same thing the Droid campaign did) Then released the Galaxy S IV and people already knew what the Galaxy phone was and thought it was a good phone which it is. People already recognized that brand so that’s what they went with. It created this sorted of domino effect since they knew as a good brand since it was so popular.

          • Tim Aries

            you look like a die-hard samesung fanboi mate. if your not getting paid from this brand then just get a life.

          • Tim242

            You are commenting on an Android fan site, arguing over nonsense. Maybe you should also get a life.

          • Tim Aries

            well its an android fan site, not a samesung fan site just saying.

          • Tim242

            8 out of 10 Android phones sold are Samsung. So, yeah.

          • Tim Aries

            lol ok

          • manofredearth

            Wrong, sorry. Your narrow field of vision is only looking at today. DROID, HTC, Motorola… they’re all part of the success of Android.

  • Ant

    Suing other companies is the latest innovation.

  • TheDrunkenClam

    Love the reference to the late great Ronald Reagan.

    • Jeff C

      Agreed! If only we could get someone like him back in the White House.

      • socalrailroader

        No thank you. Though he is better than Gwbuh.

  • Brandon

    Apple’s thinking: Profits are declining, better sue some people.

    • Bling

      Methinks they are instead doing this to stem Carl Icahn’s push for them to do a stock buyback: “Sorry, we’re using the cash to protect the integrity of our brand.”

      Stock buybacks and dividend increases are a sign that things aren’t going well because they are the worst uses of working capital: instead of deploying your capital in R&D or operations, you’re mollifying investors. Meaning, you’re not feeling good about organic growth prospects.

  • jimt

    Give it up Apple!

  • Chris

    If I recall I read an article somewhere that if steve wozniak took over Apple, he wouldn’t be pulling this sh it. He’d actully be working with Google and others. not suing the pants off them,

    • michael arazan

      “The Woz” has said publically over and over again, He loves Android. If apple wasn’t so hardcore on making their devices more of a status symbol than a powerful tool, they could of killed android in sales earlier. But instead of innovation and creation, they chose improving it 5 % every year and sticking to some archaic business model of the past than the leaps and bounds as the tech industry is pushing for. I don’t think apple agrees with moore’s law, or actually understand science and tech anymore.

  • Jon Adams

    Jesus… can’t Apple just go back to making semi innovative products (occasionally) to encourage competition and just cut the trolling?

    • Ashton Sloane

      Hey hey. Some of us are iPhone users waiting for the new nexus line to come to cdma verizon. We aren’t all iSheep.

  • dannyWHITE

    Very proud to see you working hard on a saturday Kyle! Keep it up!

    • Kyle Wiggers

      I wrote this yesterday night, but thanks for the conpliment!

      • JoeTi

        Edit: Replace “Saturday” with “Friday”. Either way, thank you for trying to keep up with other 24 hr tech news blogs. It is appreciated. Also, stop making me Google dictionary meaning for complicated words like Pyrrhic victory. Hurts my brain…..:-)

  • S9779

    Boy as a tax pay I’m really glad we get to keep for this multi billion dollar companies pissing matches.

    • michael arazan

      Technically, first it’s D!ck measuring, then comes the pissing contest.

  • anywherehome

    another abusing the patent system by Apple through ridiculous “patents”

    this can happen just in the fascistic country with legal 100% surveillance of every citizen in the world by the NSA USA fascists

  • Kevin Esser

    This is getting real old. Apple reminds of that psychotic ex-girlfriend that just won’t leave you alone.
    How about you change your product to what the world market has obviously shown that it wants, and you wouldn’t have to sue crap out of your leading competitor all the time.

    • Chris

      I’d personnaly love to see the iPad work a little more then just a blown up iPod touch. You have all that screen use it.

      • Kevin

        You could say the same for the nexus 7.

        • Eric R.

          Yeah, but at least the Nexus does more than play games.

        • Johnny Bravo

          You can do more than play games. Not to mention the iPad is 10″ and Nexus 7 is well 7″.The iPad has more room to make use of efficiently.

    • pezjono
      • Chris

        Not found of 98% of the images posted in the comments but this nailed it…