Apple’s Injunction Against Samsung Has its Risks

| News

Yesterday, Apple was granted a preliminary injunction that prevents Samsung from importing and distributing its Galaxy Tab 10.1 tablet throughout the European Union, except The Netherlands, but it’s a move that comes with potentially costly and risky downsides, according to lawyers interviewed by Reuters.

enter alt text

Nathan Mattock, an intellectual property lawyer in Australia, where Apple secured a similar ruling last week, said: “Apple has a strategy of filing patents, getting some protection and trying to prevent other people from entering the market in the short-term. If Apple’s wrong it will have to pay Samsung a considerable amount of damages, so it’s potentially quite risky.”

However, the legal maneuvering will also help Apple cement its market share, at least in the short term, according to Andrew Milroy, a vice-president at a consultant firm in Singapore who said: “It’s a market that’s developing very fast which Apple have the lead in, so regardless of the damages they have to pay if they lose, the longer they can hold off competition the better for their business.”

In the meantime, Samsung will obviously prepare a legal case of its own, and Kimberlee Weatherall, associate director at the Intellectual Property Research Institute in Australia, told Reuters: “Samsung’s case will be a combination of ‘your patent’s not valid, even if it is valid its scope is very narrow and we’re not infringing it anyway, plus by the way you’re infringing our patent as well.’”

Sign Up for the Newsletter

Join the TMO Express Daily Newsletter to get the latest Mac headlines in your e-mail every weekday.

Comments

mhikl

From Reuters Apple has a strategy of filing patents, getting some protection and trying to prevent other people from entering the market in the short-term,” said Nathan Mattock, . . ..?

Is that so? Where is the proof that Apple has done this any more than MicrosSoft or any other copy company in the business to protect its intellectual assests. Google doesn?t have the patents to follow ?this strategy? so they just copy. Samsung is the same. They are a refrigerator and TV company trying to expand because these kitchen items bring in few profit shekels compared to original technology. (Does anyone else notice that Galaxy Tab adverts show a tablet that iLooks so identical to the iPad it’s next to impossible to differentiate any particular feature?)

In the first quarter of 2011, Apple’s iPad accounted for 66 percent of the global tablet market according to market researcher IDC. However . . .  expected to drop to around 58 percent by the end of the year.

Now is this sold in or sold out? I think I have the lingo right. But then it may depend upon what you call a tablet. And does a returned tablet get a second count as a sold in?

Technology experts say Apple is using the courts in order to try and stop that slide.

Who specifically says? And compared to whom is Apple a more litigious company? Apple lost its intellectual property to M$ because it sat on its behind, humming to the fairness fairy, while M$ bulldozed its grab to the top with its litany of loot, lawyers, and temerity. So, Apple?s to ?play fair? continue crying words to the tune of hurt damsel whilst Samsung sordidly plunges its style and methods, in the M$ tradition, facsimileing cheap copies to saturate the market? Jobs may be a Buddhist but he?s not going to sit meditating to dissolve despair while accepting injustice this time. Money is the big gun when dealing with thieves pounding on the vault to the family jewels. This is why its been building up its war chest. Somethings the simplest explanation comes to be the obvious.

“Using the courts is increasingly becoming part of commercial strategy in high growth markets where the opportunities are great—it’s a tactic to try and slow the competition down by whatever means you can,” said Frost & Sullivan’s Milroy.

This is generally the way patents and copy rights are protected. If Apple chose not to play in this game, it would be like failing to show up at the Super Bowl. It?s called Forfeit. Apple: been there, done that. Such a strategy move; not so smart!

“They (Apple) want to make it harder for manufacturers to sell Android devices,” Google’s David Drummond wrote in a blog entry. “Instead of competing by building new features or devises, they are fighting through litigation.”

Hey, Google, Apple did and does build new features and devices. You should do the same; someday, give it a try. The act of birth is an exhilarating experience compared to the easier method of child snatching.

“Apple has got quite a war chest so it can operate in this way, and that in the short-term at least is going to lead to their market dominance and everyone is one notice of that,” said Mattock at Marque Lawyers.

Again, this is exactly what M$ did, but did so, illegitimately; and what shady Google and its twisted Androidian sisters are going to get for imitating. (There?s that word again, the siblings of copy and facsimile.)

The article is all bald, unsupported statements from insinuators without respect for fact or introspection. But that?s par for the course for reporters and analyses these days.

cb50dc

?They (Apple) want to make it harder for manufacturers to sell Android devices,? Google?s David Drummond wrote in a blog entry. ?Instead of competing by building new features or devises, they are fighting through litigation.?

“Instead of… building new features or devises…” (sic)?

Someone may want to tell Drummond about these:

1. iMac, which revolutionized basic PC architecture, and has been superficially copied by many
2. iPod, which, as I understand, is a rather popular music and video player, with no significant competitor
3. iPhone, which has also been superficially copied, with minor tweaks, by all other “smart phones”
4. iPad, which after over a year still has only a handful of wannabe imitators

In other words, the vast majority of the most user-friendly, innovative, interesting, and fun personal computing devices come from Apple, specifically these four breakthrough creations. Competitors? In far too many cases, they largely try to look and act like Apple’s.

Evidently Drummond hasn’t looked at the market since roughly 1999. Or maybe he’d rather pretend the last decade doesn’t exist.

I wonder if Drummond knows how to use a computer to find out about the world outside the cave he evidently lives in and never leaves.

Nemo

Gentlemen:  There is a sad secrete that I must disclose about the media in general, which is also true of far too much tech publishing:  Certain “journalist” are shills for parties who have an agenda to sell.  One of the reason that I so enjoy TMO is its integrity, that is, its honest take on the news.  However, that is not universally true or even pervasive in reporting. 

And this explains a lot of the reporting, supra, that has so exercised or good friend mhikl.

Enforcing one’s IP rights is both legal and moral and has been so for hundreds of years.  If Apple is enforcing its IP rights in good faith, which IP rights, generally speaking, give it the right of a monopoly in its IP that protects it from competition against its own IP, it may do so to legally and morally halt competition from those who use its IP without its license to compete against it.  That, on Apple’s part or anyone’s part, is perfectly legitimate competition. 

It is those who are using Apple’s IP without Apple’s permission who are both violating the law and who are immorally misappropriating Apple’s property, just as surely as if they did a smash and grab of a MacBook out of an Apple Store.

mhikl

Nemo said: There is a sad secrete that I must disclose about the media in general, which is also true of far too much tech publishing:? Certain ?journalist? are shills for parties who have an agenda to sell.

Nemo, I truly believe this is because of the corporate take over of the common news media. Gone are the times when newspapers, radio and television sought the truth. The days of Woodward and Bernstein, heroes* in my eyes, are gone from general media. We must search the underground to find truth. The Real News is the newest addition to my arsenal. Conspiracy reigns in out time and for this reason, 2012 is one of my favourite films.

Listen to the crazy people.

And: devises / devices: thank you, cbsofla. As a challenged speller and hurried typist,  automatic spell checkers can impose the most surreal challenges when one is not careful. Sometimes effectively, other times, not. This was a not.

* hero: a word, sadly, that has lost much of its meaning, the fact of which may be a conspiracy in itself.

daemon

Gone are the times when newspapers, radio and television sought the truth.

mhikl, unless you’re several centuries old, I don’t think you’ve ever experienced those times.

http://en.wikipedia.org/wiki/Yellow_journalism

Woodward and Bernstein weren’t heroes for doing their jobs, they were heroes because what they did wasn’t their job.

mhikl

Woodward and Bernstein weren?t heroes for doing their jobs, they were heroes because what they did wasn?t their job.

Explain responsibility in doing one’s job. If the job is to lie and misinform, and ignore the possible, then W & B did not do the job as they were hired to do. However, it their job is to find the truth, which is what most people would assume a reporter’s job is to do, then they did their job against the odds. Their heroism came about due to their persistence in following through on what they believed was right and for which they had to fight the prevailing trends, powerful trends.

There has always been yellow journalism and there has always been the kind of man (person) who seeks truth, and forsakes such lies even to his peril.

Both Michael Caine and Clive Owen also represent two such men in the Movie, Children of Men, who though flawed, epitomize the hero who steps up the plate against principles that are beyond the pale. Such is the popular hero of many tales because deep down, most people want truth to succeed and the unjust to stand before a higher court.

In all times, there has been flaws in the system called journalism. Today, in America as it has become, political divisions have made it seemingly impossible for even a Woodward or Bernstein to cut through the deceit. The new language of argument and discussion makes that nearly impossible.

John Dingler, artist

Like Nosferatu does to humans, company CEOs are using illegal market forces to suck the life blood out of Apple by stealing its intellectual properties and its innovations.

daemon

@mhikl

Yes, cause a fairy tale like Children of Men is nothing but full of truthiness….

mhikl

Yes, cause a fairy tale like Children of Men is nothing but full of truthiness?.

Tis from fairy tales many truths are found and many lessons unfold. The medium is the message, truth be told. grin

Jamie

All I have to say is that lawlessness only works in theory, not on planet Earth where we are dealing with real human beings. We pretty much experience reality in the form we want it to be in, but what we choose to believe about a thing doesn’t necessarily make it so. Neither being sequestered in a Google cave nor yellow journalism make the rest of the world or the people in it disappear.

And I also love this site for its integrity and the open-mindedness of its writers and editors. Dare I say it, but ‘+1’. wink Well done, gentleman and ladies.

Log-in to comment