Apple says appeals court hobbles its fight to protect patented designs and features from Samsung copying

“Apple Inc. says a U.S. appeals court hobbled its efforts to protect patented designs and features against copying by Samsung Electronics Co., its biggest competitor for smartphones and tablet computers,” Susan Decker reports for Bloomberg.

“The iPhone maker has asked the full complement of judges at the U.S. Court of Appeals for the Federal Circuit to review, at the same time, two appeals seeking to block sales of Samsung products that Apple says violate its patents. Panels of three judges typically hear appeals first, with the entire court sometimes stepping in when broad legal issues must be settled,” Decker reports. “‘The two cases would present an ideal vehicle for eliminating the uncertainty regarding when a patentee can prevent a competitor from trespassing on its patented innovations,’ Apple told the court in a filing Jan. 16.”

Decker reports, “Apple, which claims that Samsung ‘slavishly’ copied the iPhone and iPad tablet computer, claims a Federal Circuit ruling is hindering its efforts to get court orders that would force Samsung to change its products or remove certain models from the market. Samsung denies copying Apple’s devices.”

Read more in the full article here.

MacDailyNews Take: “Samsung denies copying Apple’s devices.” That tells you all you need to know about Samsung’s character and business ethics or lack thereof.

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

By the way, here’s what Google’s Android looked like before and after Apple’s iPhone:

Google Android before and after Apple iPhone

10 Comments

    1. Although you may be frustrated, you don’t need to use that kind of language publicly. This forum is read by the many of us who are not responsible for what frustrates you and don’t need to read that language.

      1. While it may not have been necessary, 3l3c7ro, I think you are only going to cause yourself a lot of impotent frustration trying to police online commenters’ use of casual profanity. I mean, seriously, what sites do you visit? This is a (mostly) unmoderated online forum, and really tame compared to many others.
        So, you can feel free to criticize the way people express themselves, but I also feel free to point out that you are really wasting your time.

        1. Come on, now. Social pressure is how social norms are maintained. There’s no policing involved – it’s not even really shaming in this instance.

          In the same sense, you’re applying social pressure to prevent people from commenting on profanity or other (dare I say it?) antisocial behavior.

          I find that I agree with 3l3c7ro that profanity is infantile, puerile, and lowers the value of a forum when allowed to run unchecked. I am happy to be part of the social pushback against it.

          In that sense, it’s like vacuuming the carpet. It will inevitably get dirty again, but that’s no argument against a bit of hygiene. 🙂

  1. MDN please stop comparing the Samsung Galaxy 10.1 to the iPad as the 2 devices are no more alike than the 15 brands of TV’s being sold at Costco. I own both tablets and the form factor alone makes them very different as does the bold Samsung logo.

    On the phone use of things, your comparison has merit. 🙂

  2. “The denial of a permanent injunction allows Samsung to continue its attempts to attract Apple’s customers through deliberate copying, with a damages award being merely a cost of doing business.”

    That pretty well sums it up for me. It’s just about money, come and get it any way you can.

  3. It is vividly clear that patent law judges in the world do NOT support US patent law. Going all the way back to the invention of the weed eater. American patent law judges are the worst. In the evidence subpoenaed from Samsung, their own internal e-mails documents “make it more like IPhones. ” the judge on this is frozen in her tracks. She should be fired. The “renowned” judge Posner has stated he doesn’t think there should be patents. This man should retire in total disgrace. Billions of dollars have gone to South Korea that should have come to the UNITED STATES. If you strip off the apple innovations from the Galaxy, you have a nice brick. The failure of both US and world patent courts renders them useless and these jobs should be eliminated.

  4. The courts are showing an unbalanced preference for promotion of competition over protection of intellectual property. If they are doing this inspired by the example of microsoft, then Apple got screwed in both eras.

    1. There is nothing competitive about ripping off intellectual property. Instead I would blatantly call this behavior what it is:

      The Suppression Of Invention And Innovation.

      That is the actual result. NOT competition.

      On the other hand, bogus perceptions of ‘competition’ can be useful for stimulating innovation, to a limited point. Sadly, these court TechTards are way past the cliff’s edge of sanity.

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