Apple arguing that there's no rush in lifting ban

[KnightWRX]

Apple is now arguing that even after the jury has found the Galaxy Tab 10.1 does not infringe on USD504889 (tablet design patent), there is no rush to lift the injunction placed on it :

http://www.groklaw.net/article.php?story=20120831002313526

Apple does not dispute that the jury has found that Samsung's Galaxy Tab 10.1 does not infringe the D'889 patent and thus has rejected the sole ground upon which Samsung‟s Galaxy Tab 10.1 was preliminarily enjoined. An extended briefing schedule is not required to determine that an injunction based on a finding of likely infringement of the D'889 cannot stand once there is a finding that there is no such actual infringement. Apple notes that the jury's verdict is “contrary to this Court's prior finding of likely infringement, which the Federal Circuit affirmed.” Opp. at 3 (emphasis added). That is indeed the point; the jury's verdict demonstrates that Apple's predictions about what the jury would do as to the D'889 were wrong and that the injunction entered on that basis therefore can no longer be maintained.
Apple argues that there is no need to expeditiously dissolve the preliminary injunction because Samsung is not being harmed by it. There is no authority for Apple's remarkable proposition that an injunction, no longer supportable as to its conclusions about likely infringement, can be maintained merely because it supposedly is causing no harm.

So Apple is arguing that "hey, we goofed, their product didn't infringe our patents, but keep that injunction rolling since it's not hurting us... err.. we mean them".

Samsung also reveals quite a few other aggressive and anti-competitive moves Apple pulled with that injunction :

Further, Apple has sent letters to multiple carriers and downstream customers insisting that they are obliged by the preliminary injunction to “immediately remov[e] for sale the Galaxy Tab 10.1 from all physical and online venues under your direction or control” and further asserted that the injunction required them to "ceas[e] immediately" selling or offering to sell "the Galaxy Tab 10.1 tablet computer and any product that is no more than colorably different from it and embodies the '889 patent's design.” [...] That claim by Apple was and remains utterly false.

Basically, they went over the terms of the injunction preventing Samsung from selling the tab and asked carriers and downstream retailers to also stop selling existing stock, something that wasn't covered by the court granted injunction.

If you really still have any doubts about the game Apple is playing here, it's time to open your eyes. This is about removing their biggest competition yet. It's about Apple trying to gain market share through courts rather than market power.

 

[maflynn]

If you really still have any doubts about the game Apple is playing here, it's time to open your eyes. This is about removing their biggest competition yet. It's about Apple trying to gain market share through courts rather than market power.

I'm not making excuses for that behavior, but I will say this is more of a market trend then an apple trend.

I think its an awful state of affairs but it seems be the state of the industry

 

[KnightWRX]

I'm not making excuses for that behavior, but I will say this is more of a market trend then an apple trend.

I think its an awful state of affairs but it seems be the state of the industry

Yes, it is, I fully agree with that. It just it seems some people think Apple is somehow different, that they don't play these games because they don't have to with their "billions" and "highly desirable products".

In the end though, Apple is just the same, one big faceless corporation out to profit. These lawsuits are making this is clearer than its ever been, Apple can't hide those facts behind clever marketing anymore, the ugly is pointing its head for all to see in these court motions.

 

[Rodimus Prime]

Not surprised by this. Simple fact to the matter is Apple is running scared. They know that they are going to be taking a massive back seat to android in the future and all they can do is slow it down.
IOS is old and out dated. Apple has mostly been playing catch up since ios 3 and falling farther behind every year. Android get better every year and more new features are added in every time.

 

[smoledman]

Yes, it is, I fully agree with that. It just it seems some people think Apple is somehow different, that they don't play these games because they don't have to with their "billions" and "highly desirable products".

In the end though, Apple is just the same, one big faceless corporation out to profit. These lawsuits are making this is clearer than its ever been, Apple can't hide those facts behind clever marketing anymore, the ugly is pointing its head for all to see in these court motions.

Wrong. Apple behaves more like a hungry startup and that's how the product design teams work. Just read all about it:

http://www.pragmaticmarketing.com/resources/You-Cant-Innovate-Like-Apple

 

[G51989]

Wrong. Apple behaves more like a hungry startup and that's how the product design teams work. Just read all about it:

http://www.pragmaticmarketing.com/resources/You-Cant-Innovate-Like-Apple

The product design teams don't run the legal aspect of Apple.

Apple is behaving like a giant faceless corporation, because the competition is starting to become more popular. And rather than compete, they go via court rooms.

 

[KnightWRX]

The product design teams don't run the legal aspect of Apple.

Apple is behaving like a giant faceless corporation, because the competition is starting to become more popular. And rather than compete, they go via court rooms.

Don't bother, logic is beyond him. He doesn't understand that "product design" being done as a startup does not mean that the corporate entity isn't just another big faceless corporation out to make a profit. One method does not preclude the other.

But really, someone people just want to keep believing that Apple is the David to the industries Goliath. That Apple actually cares about more than just money.

 

[smoledman]

The product design teams don't run the legal aspect of Apple.

Apple is behaving like a giant faceless corporation, because the competition is starting to become more popular. And rather than compete, they go via court rooms.

You're wrong if you think that the Apple product teams aren't 100% behind these legal efforts.

----------

Don't bother, logic is beyond him. He doesn't understand that "product design" being done as a startup does not mean that the corporate entity isn't just another big faceless corporation out to make a profit. One method does not preclude the other.

But really, someone people just want to keep believing that Apple is the David to the industries Goliath. That Apple actually cares about more than just money.

Guess what - Apple doesn't do things for the money. They make kick-ass designs, revolutionary designs and the profit comes later. If you think that Johnny Ive is in it for the money, you don't get it. He's trying to change the world.

 

[G51989]

You're wrong if you think that the Apple product teams aren't 100% behind these legal efforts.
.

Why would they be? They don't control the legal team at apple, nor do they run apple anymore. The Bean Counters control apple now.

Guess what - Apple doesn't do things for the money. They make kick-ass designs, revolutionary designs and the profit comes later. If you think that Johnny Ive is in it for the money, you don't get it. He's trying to change the world.

What have they ever made that was so revolutionary? The way I see, they take products that already exist, make them shiny, and market the hell out of them.

And yes, Apple is a corporation, they are in it for the money. If they weren't they would sell their products at cost.

 

[KnightWRX]

Just want to point out this thread had barely 3-4 replies until like an hour ago. Look how it exploded.

Guys, you've been had. Guess why this smoledman guy is on my ignore list. The posts don't even talk about the topic which is Apple opposing a motion to expedite the lifting of the injunction for the non-infringing Tab. Who cares about Mac minis and iMacs and etc.. ?

 

[Dolorian]

Basically, they went over the terms of the injunction preventing Samsung from selling the tab and asked carriers and downstream retailers to also stop selling existing stock, something that wasn't covered by the court granted injunction.

If you really still have any doubts about the game Apple is playing here, it's time to open your eyes. This is about removing their biggest competition yet. It's about Apple trying to gain market share through courts rather than market power.

This is deplorable. I've been getting really annoyed by Apple's latest antics on this matter. I understand the whole idea about them protecting their patents but in so doing I think there is a fine line between fair and doing things with bad faith and evil intentions. I think Apple has crossed that line and are just being anticompetitive and greedy. Not to mention that these patents are ridiculous and should not have been granted in the first place. Apple is abusing a system which I am sure they know is completely broken. I can definitely see this whole thing backfiring on them.

 

[maflynn]

[MOD NOTE]
The thread was taken completely offtopic and required extensive clean up.

Please stay on topic

I created a new thread with all the posts that were off topic to this thread and that can be found here:
https://forums.macrumors.com/threads/1433182/

 

[smoledman]

This is deplorable. I've been getting really annoyed by Apple's latest antics on this matter. I understand the whole idea about them protecting their patents but in so doing I think there is a fine line between fair and doing things with bad faith and evil intentions. I think Apple has crossed that line and are just being anticompetitive and greedy. Not to mention that these patents are ridiculous and should not have been granted in the first place. Apple is abusing a system which I am sure they know is completely broken. I can definitely see this whole thing backfiring on them.

Honestly 99% of consumers do not follow the tech news and have no idea about any of these legal battles. This benefits Apple because they will remove their strongest competition from store shelves + consumer ignorance of their bad behavior.

 

[Dolorian]

Honestly 99% of consumers do not follow the tech news and have no idea about any of these legal battles. This benefits Apple because they will remove their strongest competition from store shelves + consumer ignorance of their bad behavior.

It depends, as most consumers rely on reviews from tech sites and the opinions of others in order to deicide what to buy. People from many tech sites are being quite outspoken against Apple on this matter as far as I can see and are giving the edge to phones like the SIII, HTC One X and the Galaxy Nexus. The word gets out and reaches the masses one way or another and from what I can see a lot of people are opting for phones like the Galaxy SIII and leaving their iPhones.

 

[smoledman]

It depends, as most consumers rely on reviews from tech sites and the opinions of others in order to deicide what to buy. People from many tech sites are being quite outspoken against Apple on this matter as far as I can see and are giving the edge to phones like the SIII, HTC One X and the Galaxy Nexus. The word gets out and reaches the masses one way or another.

Really - point me to any bad reviews on PCMag.com or Cnet.com. They're all fawners.

 

[Dolorian]

Really - point me to any bad reviews on PCMag.com or Cnet.com. They're all fawners.

You love derailing threads don't you?

 

[ixodes]

Really - point me to any bad reviews on PCMag.com or Cnet.com. They're all fawners.

Apple & the departed Steve Jobs, have many years invested in cultivating a Pro-Apple press. They even went so far as to anoint Walt Mossburg & David Pogue with Apple holy water. Each year well before MacWorld SF, and WWDC, they'd give the new models to Pogue in advance of the release date. In exchange for other consideration he'd assure Steve the reviews he wrote would be glowing & gushing over the "world changing" devices.

A well known arrangement within the industry, it was one of many strokes of genius Jobs arranged for Apple. In fact this was before the creation of "All Things Digital" an exclusive endeavor owned by the Wall St Journal, but dreamed up & structured by Jobs. It became yet one more "credible" source in Apples favor.

It's another admirable, clever accomplishment of the worlds most influencial salesman, Steve Jobs. Easily able to manipulate, out negotiate, and influence those he needed, no one out there today comes close.

 

[thekev]

[MOD NOTE]
The thread was taken completely offtopic and required extensive clean up.

Please stay on topic

I created a new thread with all the posts that were off topic to this thread and that can be found here:
https://forums.macrumors.com/threads/1433182/

Some of the quotes still link back to this thread. I guess that is unavoidable.