Apple demands retrial, wants billions – not millions

Apple demands retrial, wants billions – not millionsApple and Google appeared to kiss and make up earlier this month, when the Californians agreed to drop all existing patent litigation against Motorola. But if you thought that meant anything where Samsung is concerned, think again.

Team Cook isn’t happy with the paltry $119.6 million in damages it was awarded earlier this month, and is demanding a retrial with a view to claiming a whopping $3.2 billion – plus interest.

Confusingly, Apple was originally out to get $2.2 billion when the trial originally commenced, but rather than compromising on a lower figure, it’s clearly aiming even higher.

I’ll be the first to throw my hands up and admit that I know Sweet Fanny Adams about the law, but how on earth could two patents – “slide to unlock” and actionable links – result in over $3 billion worth of damages against Apple.

For what it's worth, Apple says Samsung's “internal development documents reflected its deliberate strategy of copying hundreds of software features from the iPhone, including Apple’s patented 'slide to unlock' technology, in order to make Samsung’s own products more competitive.”

Fair enough Samsung might’ve nicked a couple of ideas from Apple, but how many potential iConsumers were walking around thinking: ‘Man, I can’t wait to get one of those iPhones. I’m gonna slide to unlock till my fingers bleed. Wait a minute… THAT SAMSUNG PHONE DOES THE SAME THING!’

But heck, I am but a layman. For lots of legal-flavoured rambling, head over to FOSS Patents, where Florian Mueller will happily melt your brain.

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4 comments

JanSt / MOD  May. 26, 2014 at 14:09

Oddly enough - this is easy to forget - slide 2 unlock, and other features were pretty big deals
for people who used smartphones - and touch-only devices in particular - prior to the iPhone.

These days, dissing Apple for a 'lack of innovation' is a sport. But they took touch and made it usable. Check out Samsung's old WinMo touchscreen phones launched shortly before or shortly after the iPhone.

Is it worth billions? Who cares. Corporations are nutty. Greedy.
Letting a tap dancing boy launch a Galaxy probably cost Samsung more money than you or I spend in years. In our lifetime, possibly. Nutty?

For the taxpayers' sake though, these quarrels oughta be settled in a different
setting, though. REAL trials with REAL consequences for ordinary people are affected by these obscene court proceedings. That is the scandal.
Shareholders profiting from bad decisions - that is a scandal. What thug A pays thug B? Get a life. Let them do whatever.

Rubisco  May. 26, 2014 at 19:58

Oddly enough - this is easy to forget - slide 2 unlock, and other features were pretty big deals
for people who used smartphones - and touch-only devices in particular - prior to the iPhone.
But how many people used capacitive touchscreen devices prior to the iPhone? Wow, it must have been such a revelation to people who had been using the LG Prada for the month between the 2 phones release dates...

Smartphones were going to improve simply because of screen technology. Not enough capacitive devices were tried and failed before iPhone to truly say that any touch gesture implementation was non-obvious, especially when there is the prior art of sliding things to unlock things in the physical world.

JanSt / MOD  May. 26, 2014 at 21:35

Oddly enough - this is easy to forget - slide 2 unlock, and other features were pretty big deals
for people who used smartphones - and touch-only devices in particular - prior to the iPhone.
But how many people used capacitive touchscreen devices prior to the iPhone? Wow, it must have been such a revelation to people who had been using the LG Prada for the month between the 2 phones release dates...

Smartphones were going to improve simply because of screen technology. Not enough capacitive devices were tried and failed before iPhone to truly say that any touch gesture implementation was non-obvious, especially when there is the prior art of sliding things to unlock things in the physical world.


Coulda, shoulda....
http://cdn.pocketnow.com/wp-content/uploads/2010/12/protoype.jpg

This is what Android prototypes looked like.
Prior to the iPhone reveal NOBODY expected the iPhone to be what it ended up to be.

I did not like the first 4 iPhones, by the way. Didn't own one.
But comparing the Prada to the iPhone (or Galaxy)... really? The Prada was rubbish. A fad.
A crappy browser. And then some. I feel sorry for anyone who bought it just to be hip.
There were dozens of better phones. Even touchers with resistive screens.

It's about perception. And about the combination of features. The Android OS, like iOS, lacked initially much that had been commonly present in many phones. The iPhone, imho, didn't even qualify as a smartphone in my book. But prior to the iPhone there was not one touchscreen phone that could be used with such ease. Granted, it didn't do much - my Treo in 2006 could wipe the floor with it feature wise. But the ease,speed and 'fluidity' were unheard of.

And that is what such court cases are about. PERCEPTION! Image. Go back and use a Galaxy Spica. Or a Jet. Not exactly classics.

I'm not saying Apple are right, by the way. All those companies lie and cheat and copy and reverse engineer and redecorate the fruits of other people's labour.

But hey....

[...]touch gesture implementation was non-obvious

Not totally true. SPB launched Mobile Shell in 2007. It was perfect for touch and built upon earlier 'shells' by the company that made relatively cr*ppy resistive touchscreens very usable - with gestures. In fact, I reckon both iOS and Android owe a lot to SPB - and implied, to WinMo.

Anyhoo...
Maybe if blogs and news outlets would stop paying attention to these corporate shenanigans,
things wouldn't end up so very ridiculous? Why would anyone take side? Both Samsung and Apple want our money. They want it by any means possible. And 'perception' is the biggie. Not need or want.

B1zarr0Prim3  May. 27, 2014 at 09:33

This has absolutely nothing to do with Apple vs Samsung but "I’m gonna slide to unlock till my fingers bleed" has had me laughing for almost 10 minutes.

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