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

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