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. Here’s to the lazy ones.
    The dimwits.
    The parasites.
    The cheapness makers.

    The round pegs in the ass holes.
    The ones who do things equally.
    They’re not fond of laws.
    And they have no respect for intellectual property.
    You can quote them, disagree with them, glorify or vilify them.
    About the only thing you can’t do is ignore them.
    Because they steal things.
    They push the human race downward.
    And while some may see them as the lazy ones,
    We see thieves.
    Because the people who are lazy enough to think
    they can copy the world,
    Are the ones who do.

    1. Here’s my humble and slight reworking on your outstanding work (without claims of any improvements):

      Here’s to the lazy ones.
      The serial plagiarists.
      The parasites.
      The cheapness makers.

      The round pegs in their creative bungholios.
      The ones who do things only similarly.
      They’re not fond of laws.
      And they have no respect for intellectual property.
      You can quote them, disagree with them, glorify or vilify them.
      About the only thing you shouldn’t do is ignore them.
      Because they “borrow” things.
      They keep the human race backward.
      And while some may see them simply as the lazy ones,
      We see thieves.
      Because the people who are lazy enough to think
      They can cheat the world,
      Are the ones who do crime.

  2. I fully support Apple going to court to protect their IP.

    However the reality is that even when they win, the courts take too long to act and appeals delay the final outcome until the offending devices are obsolete.

    Apple need to keep ahead of the competition by continuing to innovate.

  3. A well heeled thief will always look for each and every opportunity to steal and when caught will always blame the victim for their crime. So goes the philosophy of many in our corporate world today.

  4. The word “conviction” is a reference to a possible jury verdict in a criminal case, and is inappropriate terminology for a jury verdict in a civil lawsuit. Samsung was not charged with a violation of criminal law, regardless of what many thought that Samsung’s conduct amounted to.

  5. Absolutely ALL of Samsung’s products should be banned from sales in this country … they have demonstrated that they are not worthy of playing in this market. I could care less if their copycat offerings are not available to select from.

  6. Android 68% smartphone market share, iPhone 17%. Apple chooses to litigate because they are failing to compete. This isn’t necessarily a knock against Apple, seems to be the American way of doing business. If you can’t beat them in the market, beat them in court.

    1. The majority of Samsung phones are used as feature phones, not smart phones.

      It is true that Apple brings in well over 75% of the profits made on the sales of cell phones.

      Samsung should do some innovation before they go bankrupt.

    1. Your characterization of iphone users as iSheep is curious, are you just repeating samesungs marketing points like a modern day rainman or have you actually though about it.
      Android users tell us all the time how many more android phones there are than iPhones, therefore picking the android is the “sheep following the heard” thing to do abd picking the (minority %) iPhone becomes the thinking choice. not the automatic one (ie the real sheep go for android as evidenced in the (claimed) global market share figures)

      If you apple hating twits would actually think about what you are claiming you wouldn’t write really stupid things (as much)

      1. Well now I don’t hate actually Apple which is why I’ve spent over the odds to buy kit over the years rather then cheaper windows kit.

        I do however hate this constant vitriol venom towards Samsung by what I would consider to be very arrogant Apple fans. I don’t like it at all. Apple is a successful company, they have over $100Bn in the bank, etc, etc. There is absolutely no need to go after Samsung in this way. I don’t agree with it and I definitely don’t support. I sincerely hope that the decision is overturned on appeal and Apple instead turns it’s attentions to building better products rather than trying to strangle the competition in an attempt to gain a monopoly in the smartphone/tablet sphere.

        This case is about the future of computing. Do we want a repeat of the 80s and 90s when Microsoft dominated the computer industry to the detriment of the industry or do we want a vibrant open market where competition breads innovation. I don’t want Apple to win this case and dominate the market because they will become every bit as lazy and abusive as Microsoft did.

        I use a Samsung smartphone running Android and an iPhone every day. Of course their are similarities. There are similarities between Windows and OSX – and no it’s not all one way. The notification centre in iOS is a direct copy of the one used in Android.

        The problem here is the US patent system. One dimwit juror with a grudge against people who claim to violate patents because he has a patent himself has effectively decided the future of the computer industry and with it how it affects millions of users around the world.

        It’s time somebody took a stand against Apple and said enough is enough of your arrogant bully boy tactics. If that incurs the wrath of the frenzied Apple fans on here then so be it.

        1. Shawn the sheep,
          You are attempting to convince me you aren’t an apple hater, but refer to people who buy Apple products as iSheep. You sir, are an idiot.

          It is pretty obvious now that Samsung are thieves and they will no doubt get what they deserve.

  7. Well, what.company can put out the following statement: “the jury has spoken. We were wrong. It’s our fault. We should have listened to Google. We have instructed our teams to remove all technologies patented by other companies and to create new ones that will make our products superior to any other and our customers happier than other companies. We apologize, have paid for our errors and will do better in the future.”. That ain’t going to come from Samsung!

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