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Apple's request for Samsung U.S. Products Ban has been denied
darkjedimaster
18-12-2012
A U.S. judge on Monday Denied the Apple Inc.'s request to seek a ban on the sale of some Samsung Electronics Co. products in the U.S. market.

http://www.youmobile.org/blogs/entry...as-been-denied

Well done to the Judge in making the right decision & not allow the progression of world domination by the tools at Apple.
c4rv
18-12-2012
I can see the $1billion payment being overturned now that details of HTC deal are going to be released.
Roush
18-12-2012
Originally Posted by c4rv:
“I can see the $1billion payment being overturned now that details of HTC deal are going to be released.”

No, that won't have any impact. Apple's willingness to license some patents to HTC may have affected Apple's chances of getting injunctions over those patents, but that's now a moot point (for now anyway).

That doesn't excuse Samsung's infringement though, and won't impact the damages figures.
Stiggles
18-12-2012
Originally Posted by Roush:
“No, that won't have any impact. Apple's willingness to license some patents to HTC may have affected Apple's chances of getting injunctions over those patents, but that's now a moot point (for now anyway).

That doesn't excuse Samsung's infringement though, and won't impact the damages figures.”

Yes it will.

There is no way on this earth that fine will stand nor ever be paid. To be honest, either way it matters not, as Samsung will profit by ramping up prices of parts sold to Apple.

See the thing is, what the courts will be seeing now is apples idiocy in wanting even new Samsung devices banned is scraping the barrel. There must be something apple is panicking over to include a bunch of phones that have nothing to do with the case..
PencilBreath
18-12-2012
Originally Posted by Roush:
“No, that won't have any impact. Apple's willingness to license some patents to HTC may have affected Apple's chances of getting injunctions over those patents, but that's now a moot point (for now anyway).

That doesn't excuse Samsung's infringement though, and won't impact the damages figures.”

No offence, but how do you know
Stiggles
18-12-2012
Originally Posted by PencilBreath:
“No offence, but how do you know ”

He's an apple fan! Of course he knows!

EDIT: just a joke before i get completely lynched....
Roush
18-12-2012
Originally Posted by Stiggles:
“Yes it will.”

Okay, explain how the HTC deal is relevant to a damages award in a different case then...

Originally Posted by Stiggles:
“There is no way on this earth that fine will stand nor ever be paid.”

It's not a fine. It is a damages award.

Originally Posted by Stiggles:
“To be honest, either way it matters not, as Samsung will profit by ramping up prices of parts sold to Apple.”

To know that you must have seen the supply contract between Samsung and Apple. Perhaps you could give some more details about under what conditions Samsung are allowed to vary the price of items?

Originally Posted by PencilBreath:
“No offence, but how do you know ”

The HTC deal is not relevant to a damages award in a different case. How much someone pays for a license to a (non-SEP) patent is a commercial issue, and is negotiated between the two parties.

How much someone should pay in damages for unauthorised use is a different matter entirely.

The deal could have impacted chances of an injunction as it would have been more difficult for Apple to establish irreparable harm if they are prepared to license those patents.
Voynich
18-12-2012
I thought one of the patents involved the $1billion payout is no longer even a patent? That must count for something.
PencilBreath
18-12-2012
Originally Posted by Roush:
“...

The HTC deal is not relevant to a damages award in a different case. How much someone pays for a license to a (non-SEP) patent is a commercial issue, and is negotiated between the two parties.

How much someone should pay in damages for unauthorised use is a different matter entirely.

The deal could have impacted chances of an injunction as it would have been more difficult for Apple to establish irreparable harm if they are prepared to license those patents.”

Ah so what you meant was that the outcome of this particular case can have no impact on that damages award as they are different cases?

But Samsung are contesting that award in a separate case so it could still be amended?
The Lord Lucan
18-12-2012
Can't believe people have such little to concentrate on in their lives than to bitch about a company they have little interest in. Unless you own a phone from said company or have shares it shouldn't dominate your brain space.

Competition breeds innovation, both have copied each other at some point however generally they have both innovated in different directions. I do not care for litigation as it in the end leads to innovation. I think both Andriod/Nokia & Apple should take a look at Nokia/Windows its not there but shows a lot of promise. Apple are in a rut innovation wise but they are still selling so should they innovate or leave it until they actually need to (probably next year)
Samsung concentrate far too much on comparing themselves to Apple, it's almost obsessional. They have their own flair they need to concentrate on that. When Apple made the iPad/iPhone/iPod did they focus on anyone else to bring that product to market. No, just the way it should be in someways they still are focusing on their own goals. This is neither a compliment or a negative but they are on their own path.. Some including myself wish they would be more innovative with each release but they do their two year thing and guess what it works for them. Samsung to doesn't feel like it knows what it's own path is. Just as long as it's better than Apple. Wrong way of thinking. i like their products i have their TV's, Fridges etc but i tried the S3 it wasn't for me.

There is a lot of ridicule here about which phone people have/ want to have.. if that phone works for you then thats fine. No need to slate, seem crazy or get into a flaming war with someone who doesn't think your phone suits them best. Remember competition causes individuality and creativity. So without Apple Samsung, Nokia, HTC etc would be lazy. Android wouldn't need to evolve. Same Applies to Apple.

As for the $1bn question i think the court is far more knowledgeable than any of us in this situation. If they feel they should pay, they should. I see no relevance to someone who was fired many moons ago and complied with what the courts own guidelines were! Also no one was ever going to get a ban on each others product, the judge seems to be getting tired of BOTH SIDES asking for it.
I'm sure Apple knew that once they announced the deal with HTC that it would be used in court, scrutinised and speculated. Totally daft move if they screw themselves with what those deals involve money wise and rightly deserve it if they shoot themselves in the foot
Stiggles
18-12-2012
Originally Posted by Roush:
“Okay, explain how the HTC deal is relevant to a damages award in a different case then...”

Well experts believe it will have a bearing on it. But you know better clearly

Quote:
“It's not a fine. It is a damages award.”

Its the same thing for christ sake. Stop being so damn pernickity...

Quote:
“To know that you must have seen the supply contract between Samsung and Apple. Perhaps you could give some more details about under what conditions Samsung are allowed to vary the price of items?”

Of course i haven't but, you would have to have seen it to disagree with me. No one knows which is my point. You come on here disagreeing with everyone about every aspect of this yet know nothing about it yourself....
platelet
20-12-2012
Originally Posted by Voynich:
“I thought one of the patents involved the $1billion payout is no longer even a patent? That must count for something.”

Yeah the pinch to zoom one looks suspect, but it's just a preliminary ruling from the US Patent and Trademark Office at the moment.
swordman
20-12-2012
Originally Posted by Roush:
“Okay, explain how the HTC deal is relevant to a damages award in a different case then...

It's not a fine. It is a damages award.

To know that you must have seen the supply contract between Samsung and Apple. Perhaps you could give some more details about under what conditions Samsung are allowed to vary the price of items?

The HTC deal is not relevant to a damages award in a different case. How much someone pays for a license to a (non-SEP) patent is a commercial issue, and is negotiated between the two parties.

How much someone should pay in damages for unauthorised use is a different matter entirely.

The deal could have impacted chances of an injunction as it would have been more difficult for Apple to establish irreparable harm if they are prepared to license those patents.”

The very reason samsung requested this deal with HTC be shared with the court and apple was so loath to share it was its very effect on the award.

Samsung claim the award is too high and was reached unfairly.

No one knows the content of that deal between htc and apple but samsung will probably argue if apple is willing to accept X amount for licensing X patent to htc and prepared to take X amount for the past X amount of years htc supposedly infringed. Samsung will claim they should not have to pay twice ot three times that much for similar infringements as clearly apple do not value them at that.

So to say it will have no effect is simply incorrect, whether the judge agrees or not is another thing.
The Lord Lucan
20-12-2012
Well she's already thrown out the last appeal because of the Juror issue. On to the next appeal.
swordman
20-12-2012
When was this I must have missed that? or do you mean the denial for the ruling to be overturned and a retrial?
Tigerpaws
21-12-2012
Originally Posted by swordman:
“When was this I must have missed that? or do you mean the denial for the ruling to be overturned and a retrial?”

I expect that is what they mean't. Funnily enough both rulings came down together but what a surprise that one wasn't posted in this thread.
swordman
21-12-2012
Originally Posted by Tigerpaws:
“I expect that is what they mean't. Funnily enough both rulings came down together but what a surprise that one wasn't posted in this thread.”

Well the retrial motion was never likely to be granted an actual appeal is the only hope for Samml
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