Apple and Samsung fight over who was the follower

“Last year, a member of Apple’s sales team prepared a research document expressing concern about the growth in sales of smartphones with larger screens, while sales in the segment of phones including the iPhone were slowing down,” Brian X. Chen reports for The New York Times. “Also last year, Apple introduced “Designed by Apple in California,” a series of ads reminding people why it’s good to buy Apple products — the company’s first branding campaign since 1997.”

“And in reaction to an article in The Wall Street Journal questioning whether Apple had lost its cool to Samsung, Philip W. Schiller, Apple’s senior vice president for worldwide marketing, wrote in an email to colleagues: ‘We have a lot of work to do to turn this around,'” Chen reports. “In a San Jose courtroom on Friday, Samsung’s lawyers showed the internal Apple documents, hoping to paint a picture of Apple as a fading brand, concerned about its future after Samsung Electronics entered the handset market. Samsung had already proven to be a potent challenger to Apple in the smartphone market, and Samsung had already surpassed Nokia to become the largest handset maker in the world.”

“Mr. Schiller, who was being questioned by Samsung’s lawyers when the documents were brought up, said he disagreed with any view that Apple had lost its cool with Samsung. He also said the internal sales presentation did not represent Apple’s policy, and that he disagreed with its sentiment,” Chen reports. “In the suit, Apple is asking for $40 for every infringing Samsung phone sold in the United States. Legal experts have said that the challenge for Apple will be proving that just a handful of features could be worth so much money when there are thousands of patented inventions inside a smartphone. The jury is expected to deliver a verdict at the end of April.”

Read more in the full article here.

MacDailyNews Take: 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

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Florian Müller: Apple does not ‘own’ multitouch smartphones and tablets any more than Samsung ‘owns’ phablets – April 3, 2014
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19 Comments

  1. Kind of $tupid this headline.
    The fight is not about who is the follower, everyone knows sansumg / android are the followers, the fight is about if samsung can get away with it.

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  2. Yeah. The Galaxy totally came out first and had all the features of the iPhone years before Steve Jobs showed off the first iPhone and Eric T Mole actually quit so that Apple couldn’t steal any more of his Android ideas and . . .

  3. Apple are wasting their time and money. The patent litigation system in this country is grossly inept. Once again, the only ones getting rich are the lawyers.

    The future of patent market is this: wait for someone to come out with a groundbreaking idea; reverse engineet; market a cheap knock-off ASAP; make $Billions; spend a few $million of that profit defending yourself in court. Wash, rinse, repeat.

    1. Could it be that Apple has learned this lesson. Apple seems focusing on hardware improvements that cannot be easily duplicated.
      Machined metal case. Buy all the worlds machines
      Acquire the worlds supply of sapphire
      Acquire the worlds best tech in finger scanning
      Liquid metal
      Biomedical scanners and their creators

      Just saying

  4. I would laugh if it wouldn’t be pathetic!
    Of course Samsung broke the rules first with a full touch commanded smartphone and a complete ecosystem. And everybody knows Samsung made the peaces for their (later) smartphones and tablets before any iPhone existed… Come on! Who is Samsung taking for the fool!?

  5. Ok, I was at the launch of the original iPhone and I can categorically say that samedung didn’t have any touch devices out in the market before apples iPhone.

    What docking planet are these Korean scumbags loving on?

    Are they trying to rewrite history? And history states apple was first and everyone knows it.

    Shitstain has no ethics, no credibility and they don’t give fuck about the law and rights.

    We are increasingly seeing now large companies stealing ideas, claiming they invented it in the first place and taking away our privacy and human rights, and google is one of the worst offenders – EVERYONE WAKE THE FUCK UP AND SMELL THE COFFEE AS TO WHAT’s GOING ON HERE!!!!!!

  6. Frankly – I don’t know why they didn’t lead with the admission Samsung made regarding copying and patent infringement at the last trial. They admitted it in open court. They just disagreed with the amount they should have to pay for stealing the IP.

    As has been proven time-and-time again, Samsung doesn’t care. It’ll be years before the dust settles and that have to pay anything. In the meantime, they can continue to fire up their cloning machines all they want.

  7. This from the same Steve Jobs who famously said in 1996: “Picasso had a saying — ‘good artists copy; great artists steal’ — and we have always been shameless about stealing great ideas.”

  8. Wow! It looks like Apple has allowed Samsung to redefine the legal game. Samsung must have read John Sculley’s book Odyssey: Pepsi to Apple a Journey of Adventure Ideas & the Future John Sculley.

    In his book, Sculley tells of how Coca Cola had long crowed about how they sold more bottles and cans of cola than Pepsi; Coca Cola was #1.

    But one day, someone at Pepsi’s HQ pointed out that because Pepsi had a dominant position selling their products in fountains at restaurants and at concession stands at theaters, Pepsi actually sold more gallons of syrup concentrate to their bottlers, restaurant chains, and theaters, than Coca Cola.

    So one day, Pepsi merely issued a press release crowing about how measuring just bottles & cans was a false benchmark; that Pepsi actually sold more soft drink—gallon-wise—than Coca Cola. Pepsi was actually #1 in soft drink sales.

    From thereon, they had Coca Cola on the run. Coca Cola supercharged their sales force to try to make better inroads into concession stands. For those old enough to remember, that’s when you would go to worker at the theater concession stand, ask for a “Coke,” and the worker would respond “We have Pepsi, if that’s what you mean.” (Coke laid down the law about not selling customers Pepsi by pretending that “Coke” was a generic word for “cola.”)

    And so it seems to be with Samsung. They seem to have taken a page from the “redefine the nature of the game”-book to force their adversary get off their game plan.

    It’s amazing to watch. We now jurors listing to nonsense about how Samsung is so “innrorative.”

  9. Sad to say, I don’t have much faith in people. Most are ignorant sheep, followers, crude, rude, self-centered, clueless. The more I learn the more disgusted I am by what even I keep missing… Microsoft got away with it. Android defenders are adamant about their beliefs. It’s as subjective as sports, religion, and politics.

    1. Yesterday, I nodded in ritual agreement with your post, before moving on. Awakening this morning I found myself still thinking about it—but why? This stood out:

      Sad to say, I don’t have much faith in people

      Clearly, a lifetime of disappointment with others, and oneself at times, can lead to such a stony assessment. I wonder, is this how I will come to feel late in life? I hope for more, not just for me but for you, and the rest of us.

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