Convicted patent infringer Samsung acuses Apple of trying to limit consumer choice

“Samsung on Saturday accused Apple of resorting to litigation in an effort to limit consumer choice after the iPhone maker said it was seeking to stop the sale of Galaxy S III smartphones in the United States,” Youkyung Lee reports for The Associated Press. “Fresh from its $1 billion court victory over Samsung Electronics Co, Apple Inc., in a separate case, asked a federal district court in San Jose, California, on Friday to add four more products to a list of Samsung goods that Apple says infringe its patents.”

“The new list of 21 products includes Samsung’s flagship smartphone Galaxy S III as well as the Galaxy Note, another popular Android phone,” Lee reports. “If the court finds those devices are infringing Apple’s patents and irreparably harming the U.S. company, it could temporarily halt sales in the U.S. market even before the trial begins… Last month, a jury in the San Jose court found that Samsung had copied Apple’s design innovations and Samsung was ordered to pay Apple $1.05 billion.”

Lee reports, “On Saturday, Samsung denounced Apple’s attempt to halt sales of the S III, which hit the 10 million global sales mark in July, less than three months after its release. ‘Apple continues to resort to litigation over market competition in an effort to limit consumer choice,’ Samsung said in a statement. ‘We will continue to take the necessary legal measures to ensure the availability of our innovative products in the United States.'”

Read more in the full article here.

MacDailyNews Take: Apple is enforcing their patented IP, as is their fiduciary responsibility. If Samsung was really interested in “consumer choice,” they wouldn’t be offering iPhone and iPad knockoffs, but instead be creating and making original, legal products that do not steal other companies’ patented property. Samsung, by willfully infringing on Apple’s design patents, risked limiting “consumer choice” sometime in the future. Samsung’s gamble failed. Their only real regret is that they lost the case. All of the fault lies with Samsung, not Apple. Blame the criminal, not the victim.

Those whining nearly as much as Samsung are those who invested in stolen technology. To each of them we say: “Tough shit, settler. You should’ve bought a real iPhone like a smart person.”

As we wrote last Monday: Apple created the modern day smartphone and taught the world what an iPhone is. This was not trivial, nor was it free.

The reason there are copies – of anything – is to take for free (steal) that which was paid for by the original maker: The R&D, the salary and perks of the world’s preeminent industrial designer [and his team], the education of the public through TV spots and a very expensive network of retail outlets, the hundreds of millions in online, print, television, etc. marketing, everything that goes into a product.

This why a maker of knockoff handbags makes Coach knockoffs, to trade on Coach’s work in order to move their fake wares without investing in the design, marketing, etc. This is why a maker of auto knockoffs makes BMW knockoffs. This is why Samsung knocked off iPhone. Samsung stole Apple’s work and they traded on Apple’s considerable investment. This is why the jury found Samsung guilty.

There is no market for paintings of Campbell’s soup cans without Warhol.

Making knockoffs isn’t flattery, it’s theft. It’s also an expression of companies’ disdain and low opinion of their own customers.

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

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

Here’s what Google’s Android looked like before and after Apple’s iPhone:

Google Android before and after Apple iPhone

Related articles:
Apple files amended complaint, adds Samsung Galaxy S3, Galaxy Note, Note 10.1 to list of patent infringing devices – September 1, 2012
Steve Jobs vindicated by Apple v. Samsung verdict – August 28, 2012
Apple kicks Google’s Android in the teeth; $1.05 billion jury award may really be worth $450 billion – August 27, 2012

111 Comments

  1. Apple created a new design and way of using a mobile phone/PDA unlike any previous, which every other manufacturer just copied. That should be perfectly clear even to congenital dimwits.

    1. Apprarently your perspective only applies to American dimwits as Apple is not getting any love anywhere else on the globe. We can all thank RIM to for their pioneering in the mobile text communication field and not Apple per say unless you are all hot and bothered with being able to buy 21340 task manager apps.

      1. “Apprarently [sic] your perspective only applies to American dimwits as Apple is not getting any love anywhere else on the globe.”

        Wanna bet? If you can actually READ, Patty, you might want to check out Apple’s latest quarterly results, INCLUDING world-wide sales of all products, iPhone to Mac. You and your RIM/SOFT/DUNG minions should be so lucky.

        Oh, and by the way, as an American “dimwit,” I’ll put my MENSA card up against yours any day of the week. Moron.

        1. Me: “Quiet chuckling”

          Friend: “Are you reading MDN again?”

          Me: “Yeah. Someone named randian just payed the mensa card defending American dimwits from androgynous Pat who apparently used to work for RIM, but of course no longer does.” I love this website.

        2. @Randian. Not that I disagree with your point, but are there different MENSA cards? I thought they were all the same. Being in MENSA, I am hoping you could answer a question that had been bothering me: If raspberry flavored jam is called “raspberry preserves” and strawberry flavored jam is called “strawberry preserves” then why is orange flavored jam called “marmalade?”

            1. Though your comment suggests that you may be a sort of tedious literalist, the fact that you offered a link irrelevant to the question as posed suggests you may just aspire to being such, and simply lack a sense of humor. Sad.

            2. Dictionary?

              Marmalade
              A clear, jellylike preserve made from the pulp and rind of fruits, especially citrus fruits.

              Jam
              A preserve made from whole fruit boiled to a pulp with sugar

              Jelly
              A fruit product made by boiling sugar and the juice of fruit

          1. Marmalade comes from the portuguese word for quince. It just refers to jam, but citrus jam was originally only imported into Britain from spain and marked Marmalade, so he name stuck. A preserve is usually a jelly without fruit pieces, otherwise it is jam. But usage has changed over the uears and American English has lots of new terms and also many terms which are no longer used in Britain. “Gotten” is a good example of an old English word no longer used in England. If citrus jam were imported from Korea, no doubt it would be known as “imitation marmalade” – and it would probably be horrible…

      2. I would agree with you. It’s very interesting that they only place Apple has managed to win any of these court battles in in their home state of California. Makes you wonder doesn’t it. No matter, I personally think the recent court decision will eventually get overturned in the Supreme Court. Otherwise this is going to end up a US versus the rest of the world battle at the WTO.

        1. Apple has plenty of wins, just not finalized. In iTC, in preliminary rullings, in Europe, etc. This is the only casee to progress though a jury trial so far. HTC et al are doing their best to drag these things on forever. By the time HTC’s case comes to trial, they will likely be almost shut down by the competition form Apple and Samesung. Suggest you read some of the summaries on Foss Patents blog site.

        2. Different countries have different rules and the U.S. is observing its own set of patent rules. There is no equal legal footing or consistency around the world in court cases be they criminal, civil or patent cases. Why would you think they are? Add corruption and bribery in other places potentially and you have a wildly blind justice scale. The surprise would be every country ruling the same. Hell few courts in THIS country rule exactly the same.

        3. Shaun,
          Did you realize the name you had picked to use here (an alternate spelling), is the name of one of the most famous sheep of all time? (shaun the sheep)

          Therefor I now dub thee “shawn the sheep”

          You know, shawn the sheep, karma has a tendency to attempt to give insight and perspective to haters often in unique ways. Your picking “shawn” to use as your forum name, and then calling apple users “isheep” is clear evidence of that fate.
          I think perhaps you need to do some serious introspection my friend.

    2. I accuse Samsung of limiting consumer innovative choices by coming up with varied unique Samsung devices, instead of merely copying the leader. If Samsung is really interested in real choice and more offerings they need real differentiation. So get real Shamsteal!

  2. ‘Samsung continues to resort to copying over innovation in an effort to limit consumer choice to iPhones and iPhone copies,’ Samsung said in a statement. ‘We will continue to take the necessary legal measures to ensure the availability of our innovative cloned products in the United States.’”

    FYP

  3. I’m surprised the DOJ isn’t all over this claiming cheaper consumer products outweigh all others rights and concerns, siding with Samsung. It would be consistent with their ineptness and anti-American business stance under Obama. Samsung is going to continue to play the emotion card and there are many who hear the call who haven’t an ounce of tech history or analytical skills. These are the clueless ones. You can explain it, show the truth, justify but in the end only their own selfish and no sense of fair play geek fantasy’s prevail.

    1. Yes yes, Obama is in charge of every tiny detail in government. Right? He is like God, he knows all and controls every thing. Of course we will not have to worry about such things when your Bishop takes over. The DOJ will then be too busy looking in bedrooms for gays or abortionists. All will be fixed when Brother Mitt is installed. You know Mormons, the only true religion, can talk directly to Angels, sometimes God himself. It is all politics on this forum nowadays.

      1. Yes, this is no small agency of the government doing secret things. Obama would well know of this suit against Apple and could shut it down if he so wanted. The DOJ does get some direction from the White House. You don’t know your government very well. I’m a registered Demcrat a-hole but like most libertards out to lunch you show your biased stupidity in spades. I hold my government accountable unlike you who questions nothing and gets what he/she deserves. I’m not a fan of either party system that I see as inherently corrupt and a shadow of their former selves. Don’t be too proud, you look a fool. You also like to make inflammatory statements that serve no useful purpose but your own wrongheaded ideas and ideals. Think for yourself.

        1. You are a registered Democrat, but you are not a fan of either party? You would want Obama to shut down a suit against Apple because it is Apple? Dude, you sound like Clint Eastwood a.k.a. Nutty Harry. You should go and run a lemonade stand – that, it seems, is a basic requirement from now on to become a US President in this new business-friendly paradigm that the Republicans are trying to establish just to legitimise their obscenely rich, tax-evading venture capitalist candidate.

          1. I want the U.S. to stop suing Apple and the publishing companies because they are promoting Amazon as a monopoly in the process. Aren’t you at all familiar with the case or are you like other techtard trolls here who have contempt or ignorance of facts? Then feel free to comment on things they don’t know about. So Eastwood is in the news so you use him as a wild source of comparison completely irrelevant? Listen asshole, without businesses you would have NOTHING and just be living in a van down by the river (whoops, you already are!). Lemonade stands logorrhea incoherent rambling? Man just go look in the mirror for the real nut bag here. Scary.

            1. Yup. Suddenly, “business’ – whatever you mean by that – is the Saviour.

              Maybe you’re talking about the health insurance companies who have been screwing your dumb a**es for decades that are your saviours? Wake up and smell the coffee – the U.S. is the only “progressive” nation in the world that cannot guarantee a decent basic healthcare system for all its citizens because that would mean depriving “businesses” of their profits.

              Or maybe the oil companies are the Saviours? They’re already paying laughable amounts of taxes vis-a-vis the money they make.

              Or maybe the banks that took their turn at your rears for years before finally crashing your economy?

              And let’s not forget the gun manufacturers and sellers. Hey, the right to bear arms – and play Rambo with innocent lives every time it strikes somebody’s fancy. We cannot be messing around with that now. No, no. The Constitution allows that.

              Yup. Where would everybody be if not for “businesses”.

      1. Amen, Jen! I have loved Apple long before it was popular and long before the masses. Samsung is truly a nauseating and shameless, revolting company that has convinced me never to buy any of their products.

      2. New, original ideas (perceived or otherwise) in the mobile computing arena has nothing to do with geekiness. What you’re talking about is closer to being a Gadget Lover.

        What geeks want is access to the hardware/software they have bought. Then again some geeks (actual geeks, not chic geeks) may actually enjoy having hardware that isn’t locked into Apple’s walled garden of iTunes. I liked my iPhone 3G, but was really put off by imposed restrictions of the functionality of the hardware. The lack of full bluetooth services was a big hit. I also spend a lot of time in two different countries thus requiring TWO iTunes accounts. What a hassle. However, I accepted the limitations and was more-or-less happy.
        Recently I got a Samsung Galaxy S. For me and my requirements It Just Works (TM). No hassle going to other countries, I’m not missing out on any applications I need or want, and for a geek, much more access to the nuts and bolts of the platform out of the box. I made the switch and am much happier. Should Apple drop the artificial restrictions they place on their mobile products, I’ll consider going back.

  4. Enforcing IP rights does not limit choice. If you want to know what exactly Apple invented then you can peruse the many publicly available patents or read the publicly available judicial opinion in the Samsung trial. Apple offered to license the disputed tech to Samsung. They could have either licensed it or created a differentiated product. That’s sounds like customer choice.

    1. Exactly, Samsung keeps trying to equate themselves to a some startup who doesn’t know any better and didn’t know they were infringing on Apple’s patents.

      Nothing could be further away from the thruth, Samsung has been
      patenting everything in their phones, from function to design well before the iPhone even came out. They know how to play the game very well.

      The problem is they – like everyone else – were completely blindsided, they never even imagined something that worked like the iPhone so don’t hold pantens on any of it.

  5. if everyone copies one person rather that making their own thing, and does it so well such that there is no difference in products, isn’t THAT what really limits choice?

    It appears if you want a sleek portable computer now, you have the choice of a MacBook Air or something that looks nearly identical to a MacBook Air.

    WTF kind of “choice” is that kind of “innovation” creating?

  6. WOW. Imagine how much more customer choice there would be if we weren’t stuck buying only the REAL iPhone and iPad versus the plethora of cloned ripoff crapware! Everybody SING with ME!

    Imagine there’s no Samsung Galaxy!
    It’s easy if you try!
    No more Apple ripoffs,
    Only innovative stuff to buy!

    Imagine all the companies,
    Living life in Peace!
    Oo HOO oo oo oo.

    You may say I’m a dreamer.
    But I’m not the only one.
    I hope some day Samsung will join us,
    And the world of electronic gadgets will be as one!

    ©2012 Derek Currie 😀

  7. So Samsung reckons Apple is limiting choice to an Apple branded iPhone or one of the plethora of inferior Samsung branded copies of the Apple iPhone.
            Methinks Samsung doesn’t get it, even after the $1.05 billion court case penalty, that arose from the conclusion their phones were copies. 🙂

    1. Seems as though Samsung has not learned their lesson…. At 1billion … Possible judge will send them back to school at 3billion….I wonder how they will like them apples… Pun intended

  8. Samsung is the one limiting consumers’ choices, by not giving consumers real alternatives to an Apple product. Ones that really differentiate themselves from IOS devices. Then again, that would take true innovation wouldn’t it?

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