Apple is plainly winning the patent war initiated by Samsung’s blatant infringement

“Amid the brutalities of the war on Iraq, the daily press conferences of the country’s information minister, Muhammed Saeed al-Sahaf, were rather tragicomical,” Florian Müller writes for FOSS Patents. “Wikipedia recalls ‘his grandiose and grossly unrealistic propaganda broadcasts before and during the war, extolling the invincibility of the Iraqi Army and the permanence of Saddam’s rule,’ which included his stubborn denial of the presence of American soldiers in Baghdad until the bitter end.”

“Some commentators’ denial of the fact that Apple is clearly on the winning track against Samsung is grossly unrealistic, but not grandiose by any measure. Nor is it tragicomical: it’s just moronic and annoying,” Müller writes. “Of course, there’s been no knockout punch in that dispute. And it’s not like Samsung is doomed to disappear into oblivion… [but] it’s amazing that even lawyers (not just financial analysts, many of whom are ignorant anyway) are quoted in the media talking about how the ITC ban applies only to older products when the ITC has actually banned all Samsung ‘electronic digital media devices and components thereof’ that infringe in the same way certain exemplary investigated products do, regardless of their name or release date.”

Müller writes, “In connection with Apple v. Samsung, things could hardly be clearer. Samsung’s global scattershot litigation against Apple has only made incompetent people believe that the battle is somehow balanced and could go either way, but the facts say that it’s been a near-total failure. The fact of the matter is that Samsung has won ZERO enforceable injunctions against Apple so far. Z-E-R-O… It’s also worth noting that Samsung has had zero wins of any kind — regardless of remedies — relating to any of its non-SEPs, and that Samsung’s use of SEPs against Apple is being investigated by antitrust authorities on three continents, while there is no antitrust issue at all so far with respect to Apple’s assertions. Let there be no doubt that the outcome will be a settlement under which Samsung is the net payer and faces anti-cloning restrictions. It may take time. But it will happen.”

Much more in the full article – recommended – here.

MacDailyNews Take: Samsung deserves to pay dearly.

Apple’s products came first, then Samsung’s:
Samsung Galaxy and Galaxy Tab Trade Dress Infringement

18 Comments

    1. Once a consumer uses an “evil” product and sees its downsides , they rarely come back for a seocnd bite of the Samdung.

      It is only going to get worse a month from now for Samsung.

    2. That works as long as you see good and evil as distinct things. There are those that see good and evil as poles of the same thing. In that case splitting good from evil is like trying to separate the front of the door from the back of the door.

  1. Oh people I see clueless Fandroid on the net everyday extolling how Steve Jobs admits to “stealing”, never invented anything only copied, Apple stole from Xerox, etc.. People who even when contrary and correct evidence is placed in front of them refuse to change their mindset under any circumstances. And so the dishonesty and self-denials of reality will go on even if Samsung is finally made to pay for their crimes. There’s a lot of very sad delusional people out there.

    1. There was an interesting psychological study a year or two ago. People, when confronted with factual evidence refuting a strongly held belief, tended to reinforce their erroneous opinion; the evidence actually solidified their counterfactual belief. (Much evidence of this phenomenon is seen from political posters on MDN. :smile:)

  2. I get discouraged by so many people telling me that, yeah Apple is ok but the new Samsung tablet and phone is sooooo great that Apple should do something similar or else the will go defunct.
    Stunning!!!
    Maybe if it could rain for 40 days and 40 nights, we could clean the gene pool out a little bit. God knows it certainly needs it!

  3. The hacks will deny till forever, hoping that will save their darling, Google, from down the road pain.

    Google is their new Microsoft. Throw in Amazon and you get the full catastrophe.

  4. “Let there be no doubt that the outcome will be a settlement under which Samsung is the net payer and faces anti-cloning restrictions.”

    Too bad that it’ll be in 2015. Or later.

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