Apple to Samsung: Take your products off the market, period

Apple to Samsung: Take your products off the market, period

Summary: Apple's latest response to Samsung in the patent wars is "no dealing". Get your offending products off the market.

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TOPICS: Samsung, Apple
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Patent litigation and licensing deals are all over the place in the mobile space. Everybody is playing the patent game to strike a deal with competitors so business can continue as always. Deals are common that provide both parties protection against one another, and hopefully against other competitors in the future. The latest salvo in the Apple/Samsung patent litigation makes it clear that this business as usual is not what Apple wants. It is sending a clear message to Samsung that its products infringe against Apple's intellectual property, and they must be removed from the market.

See: Mobile patent litigation: A game with too many playing cards

Apple has successfully asserted its patents in international court, and Samsung finally came to the table looking for a deal. The company had little choice, with courts upholding the notion that Samsung's Galaxy products infringe on Apple's. Injunctions are in place keeping the offending products off the market, and Samsung finally came to talk a deal with Apple.

Apple's response to Samsung was a firm no to the request that Apple allow the Galaxy Tab to launch in Australia in just a few weeks. Samsung's legal representative admitted that the company is "absolutely desperate" to get the product launched as planned. Apple's refusal to deal means the Tab won't be sold in Australia any time soon.

While many companies play the patent game to keep things going as usual, Samsung is learning the hard way that this is not the case with Apple. Apple clearly believes that Samsung's products infringe on its IP, and will not be satisfied with any result other then having the products removed from the market. No wheeling and dealing is desired, just get the infringing products off the market.

Apple is in a rare position in the mobile space in that it has a dominant position in the market, and it has plenty of cash on hand. It doesn't need to deal with anyone on a patent level, and it doesn't seem inclined to do so. The company is approaching the patent game from the viewpoint that its IP is in place to prevent other companies from selling products that infringe on its technology.

This is a more honest approach to the patent game, according to Twitter user @jonfingas. It is certainly the reason patents exist, although many mistakenly believe that companies should be compelled to license patented technology on demand. That's not the way it works, and Apple is showing Samsung.

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Topics: Samsung, Apple

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  • Apple Legal: If it is a rectangle, NO GO!

    nt
    Dietrich T. Schmitz *Your
    • RE: Apple to Samsung: Take your products off the market, period

      @Dietrich T. Schmitz * Your Linux Advocate And here I thought you were more intelligent than that to be parroting the whole "If it's a rectangle" rallying cry. Come on Dietrich IF that is all that was behind Apple's lawsuit then Samsung would have been sued over the original Galaxy Tab and Motorola would have been sued over the Xoom. Fact is that Samsung - with this new version of the Tab - slavishly copied the iPad right down to the very packaging the Tab comes in. And Apple must have made a very compelling case for Samsung to come and try to make a deal with Apple.
      athynz
      • Actually they sued Samsung on several fronts including 'trade dress'

        @Pete "athynz" Athens

        And in the Trade Dress claims were indeed references to rectangular shape. Believe it, or NOT!

        Talk about chutzpah!
        Dietrich T. Schmitz *Your
      • Actually, it refers not to the rectangular shape, but to all-flat surface

        @Dietrich T. Schmitz: ... tablet.

        <b>All of previous tablets</b>, which are patented, by the way, by many, including Samsung, had shaped plastic bezels, rather than all-flat surface glass.
        DDERSSS
        • While we're at it, let's sue Carpentars for using radiused corners/bevels

          @DeRSSS

          nt
          Dietrich T. Schmitz *Your
      • RE: Apple to Samsung: Take your products off the market, period

        @Pete "athynz" Athens it is pretty bad copying... even the USB cables have the same shape as Apple... I will never buy anything Samsung ever again, I liked their TV's but LG is much better... so long Samsung, I have no respect for companies that rip off ideas- that's Google also lol.
        Hasam1991
      • RE: Apple to Samsung: Take your products off the market, period

        @Pete "athynz" Athens
        You are totally right, if you look at BestBuy, they share the same storage with iPad, while rest of the Android tablets and Playbook sit on either floor or open racks. I don't know how much Samsung paid BestBuy to do that, but they do that. Galaxy Tab 10.1 and iPad 2 look almost similar in the shape and configuration of side buttons. You will realize it is Samsung Tab, unless you look at their logo on the back or once the tablet is turned on. And even the Application's view on Honeycomb and iPad Homescreens look almost similar. They are basically shortcuts to Apps. And I know what would Windows user would say about it, ;-), but you are right, it is more than rectangular shape or bezeled corners.
        Ram U
      • RE: Apple to Samsung: Take your products off the market, period

        @Dietrich T. Schmitz * Your Linux Advocate

        [b]And in the Trade Dress claims were indeed references to rectangular shape. Believe it, or NOT![/b]

        There were - but that was hardly the main issue. The main issue is that Samsung slavishly copied the iPad and named that copy the Galaxy Tab 2 - it almost looks like they scrapped off the Apple logos and nomenclature and added their own to an iPad and the packaging.

        Nor do those references to a rectangular shape - which is something the ABAers have latched on to while conveniently ignoring the rest - invalidate the fact that Samsung copied the iPad, the fact that the German court allowed the injunction, and the fact that Samsung came to Apple to try to make a deal.
        athynz
      • Pete: no one can know exactly why Samsung made this offer

        @Pete "athynz" Athens
        "and the fact that Samsung came to Apple to try to make a deal"

        We can guess though since guessing is so much fun.

        You are absolutely right. Samsung could want this settled because they are afraid of losing more court cases. But that isn't the only possibility, nor is it even the most likely possibility.

        The truth is that Apple could lose every single court case and still end up killing the Galaxy Tab where it matters: in the market. Apple is creating a ton of uncertainty over the viability of this product which absolutely affects what are already dreadful sales. Apple is spreading the absolute most powerful type of FUD (fear, uncertainty, and doubt) because it is backed by courts. These aren't advertisements calling Linux a cancer, this is the fear, uncertainty, and doubt that your local court will never allow this tablet to be sold in your country. Don't bother waiting for it to arrive. Instead, just buy an iPad.

        Personally, I believe Samsung is just trying to end the FUD.
        toddybottom
    • RE: Apple to Samsung: Take your products off the market, period

      @Dietrich T. Schmitz * Your Linux Advocate
      Apple was Samsung's biggest customer. It was not smart for them to go after Apple's market. They should make the decision, keep supplying Apple, or create some original products to compete with Apple.

      So far, nothing using Android is very original. But, that is Google's way. Copy somebody's IP, just like they take your private information. And sell something based on it, just like they sell you to advertisers.

      Samsung should abandon Android and switch to WebOS.
      jorjitop
  • The courts are mixed in their opinions

    "The company had little choice, with courts upholding the notion that Samsung???s Galaxy products infringe on Apple???s. Injunctions are in place keeping the offending products off the market, and Samsung finally came to talk a deal with Apple."

    The Dutch court dismissed every single one of Apple's trade dress claims.

    There is no injunction against the Tab in Australia. In a show of good faith, Samsung has voluntarily delayed the launch of the tab there. Clearly, there is a lesson to be learned here: don't bother giving Apple any shows of good faith.

    Apple is coming off as being extremely petty here and considering how Apple disregarded Nokia's IP when it launched the iPhone, they are coming off as being extremely hypocritical.

    I support Apple with my wallet because they do make good products.

    However, I find it difficult to support Apple's actions here. I only wish the tablet and smartphone markets weren't so sick. Right now, you have to seriously cut your nose to spite your face if you choose to buy any phone other than an iPhone and any tablet other than an iPad.

    Because of this sick market, I have to financially support a company I find myself disagreeing with.

    I lose.
    toddybottom
    • RE: Apple to Samsung: Take your products off the market, period

      @toddybottom
      You've got to be joking. You vented your "righteous anger" and then proceeded to buy a product that apparently gives you enough value to be worth your money. Don't feel too sorry for yourself.
      WebSiteManager
      • Yes, Apple's products are mostly great

        @WebSiteManager
        They do offer good value for the money. Better value for the money in the case of the iPhone and iPad than any other competing product. I have no choice but to buy these products.

        There is no healthy competition in these markets.

        We all lose. Including me.
        toddybottom
    • RE: Apple to Samsung: Take your products off the market, period

      @toddybottom You do lose, because you do have a choice. If you don't like Apple's business practices, but you buy their products because you think them better, you are following the same logic of a Nazi soldier. "I don't think they're right, but it's better to slaughter someone in cold blood than to be slaughtered. Oh, and I was just following orders... I had no choice..."
      Graywolfman
      • There is no rational choice other than iPhone and iPad

        @Graywolfman
        Nothing has an ecosystem anywhere near as good as Apple's and Apple will not license access to their ecosystem (as is their right).

        Apple also pays far less for their supplies so a $500 iPad has far better hardware than any other $500 tablet.

        There is no real choice. Being able to buy a completely inferior product is not real choice.
        toddybottom
      • And There's Godwin's law invoked.

        @Graywolfman

        Comparing a value-dictated purchase against deciding to commit mass murder is a *serious* case of the stupids...

        Even if Apple is clearly taking advantage of legal loopholes to enforce their monopoly...
        wolf_z
    • RE: Apple to Samsung: Take your products off the market, period

      @toddybottom
      As for the good faith part, Samsung also dropped 2 of the 3 touch related patents, which will hurt Apple if Samsung successfully made precedent to invaildate them. And then of course the voluntarily delay.

      Seriously, injunction shouldn't be granted easily as in Germany which Community Design claim doesn't even require prior art check.
      If Apple keep pushing the issue it is look good at in front of the judge.
      Samic
  • RE: Apple to Samsung: Take your products off the market, period

    Here is a link for all you skeptics, Apple is right! what happened to innovation??

    http://thenextweb.com/wp-content/blogs.dir/1/files/2011/09/TmUj2.jpeg
    Hasam1991
  • RE: Apple to Samsung: Take your products off the market, period

    I guess it is time for Samsung to look through their portfolio, find something Apple infringes on and not let them use it - block their products,
    stevejg61
  • RE: Apple to Samsung: Take your products off the market, period

    I think Mr. Kendrick needs to get the facts correct. Samsung voluntarily kept their tablet off the market. There was not injunction against them selling it in Australia. Samsung also asked that the courts rule on the matter sooner rather than later, because samsung believes Apple is simply playing a game to delay rather than prevent the sale of the tablet.

    And I hardly think that the shape of the tablet should be used to prevent Samsung from selling their tablet. Wouldn't we all expect the same general shape for a tablet? Do monitor companies have to pay a licensing fee for monitors that are rectangular in shape and have a company logo at the bottom of the screen bezel? What about television makers? The last time I looked they ALL looked pretty much the same? I think Apple is just being abusive. Makes me want to buy an apple product even less than I already want to, if that's even possible.
    mgrubb@...