Apple V Samsung: Five Experts, Five Questions
#1
Posted 22 August 2012 - 05:00 PM
#2
Posted 22 August 2012 - 11:46 PM
By the way, there was a Steve Jobs action figure on the market, but Apple threatened to sue the manufacturer. It was kind's cool:
"The 12â action figure is completely poseable and comes with several accessories to help you recreate your favorite Apple Keynote memories. For the price of $99.99 plus $10 shipping you get:
One realistic head sculpt & Two pairs of glasses
One highly articulated body & Three pairs of hands
One black turtleneck & One pair of blue jeans
One black leather belt & One chair (wood + metal)
One pair of black socks & sneaker
Two apples (One with a bite.)
One piece of "ONE MORE THINGâ hard backdrop"
The only thing missing was an incense burner.
#3
Posted 23 August 2012 - 05:20 AM
GUARANTEED LOSERS: Consumers. We end up paying the legal bills and the mere threat of these expensive litigations DOES stifle competition.
#4
Posted 23 August 2012 - 05:48 AM
#5
Posted 23 August 2012 - 06:01 AM
History - History shows that other tablets had similar concepts Apple has now. What has change is simple. Manufacturing today are far more refined and cheaper than it would have been to make such a device years ago. Software as also progressed to a point that devices don't have to be developed for single purpose usage.
Patent D501'889 should NEVER have been granted for several simple reasons. You can't patent rectangles and beveled edges. The face value of the patent shows that si what they were grant.
Question is, can you patent a look and style? YES! But only if that look and style is unique. It must be novel and it must be non-obvious. If you compare the iPhone and iPad to earlier devices that precede it, there is nothing unique about them at all.
Appel is fighting for relevance. Even though they are winning with the iPad, they are scared. if they can't get enough iPad's into peoples hands, they are worries companies like Microsoft will run them out the market and Android phones are already forcing Apple to stay within a 30% niche.
All the jury has to do is do what the patent off should have did. Look at other devices, look at Apple's patents and see if they provide anything that isn't obvious and novel.
If APple wins the market could be in trouble. Howver APple is purely going after Samsung because Samsung is the only OEM who has chosen to compete at the same level Apple is and no one else is. Apple doesn't want to work hard and earn top spot, they want it handed to them on a silver platter and that is simply how it doesn't work.
If these huror simply just have common sense, which I doubt people in California actually do, they will make a reasonable verdict. Whether Samsung copied shouldn't be the issue. The issue is, should Apple have been grant these patents in the first place to be able to sue for such trivial.
Koh already said the main reason she didn't band the Galaxy Tab originally if because she felt the 889 patent would likely be found invalid. It simply is just that, invalid for several reasons.
Many fans said Samsung argued prior art which is a failed point. Shows how stupid they are. Patents are award on novel and non-obvious innovations. So if I show there existed a device before your showing similar capabilities, then they means you should never have been award the patent in the first place.
I feel the Apple vs Microsoft case already set a precedence on what "look and feel" is suppose to mean. If the jurors look at that closely and see what the Judge put out and what can't be patented in software, and apply it to hardware, they should come back and find that Apple has no stance and that the patents should all be voided.
#6
Posted 23 August 2012 - 06:04 AM
GlennWelt, on 23 August 2012 - 05:20 AM, said:
GUARANTEED LOSERS: Consumers. We end up paying the legal bills and the mere threat of these expensive litigation DOES stifle competition.
Well we don't directly pay the legal bills. Whoever loses has to pay all court cost and whatever fines are levied. But of course the corps could past those cost to us, but in such a heated competition that exists now, they can't afford to raise cost so I don't see it happening.
#7
Posted 23 August 2012 - 07:11 AM
QUADICON, on 23 August 2012 - 06:04 AM, said:
GlennWelt, on 23 August 2012 - 05:20 AM, said:
GUARANTEED LOSERS: Consumers. We end up paying the legal bills and the mere threat of these expensive litigation DOES stifle competition.
Well we don't directly pay the legal bills. Whoever loses has to pay all court cost and whatever fines are levied. But of course the corps could past those cost to us, but in such a heated competition that exists now, they can't afford to raise cost so I don't see it happening.
Apple wins either way. If they lose there stock goes down and the buyback program will be cheaper. If they win they get 2.5billion. It is a win win for A
pple.
#8
Posted 23 August 2012 - 07:23 AM
Unless, leaving it complex works in your favor...
"Samsung has asserted five patents against five Apple products"
Why is this the first I've heard of this? Every article I've read on PCW only talks about the Apple side and I've seen no mention of this. (I'll gladly be corrected, because it paints a fairly biased view out of PCW)
But all in all I agree with the experts and have been saying much the same myself.
#9
Posted 23 August 2012 - 07:42 AM
KLanD, on 23 August 2012 - 07:23 AM, said:
Unless, leaving it complex works in your favor...
"Samsung has asserted five patents against five Apple products"
Why is this the first I've heard of this? Every article I've read on PCW only talks about the Apple side and I've seen no mention of this. (I'll gladly be corrected, because it paints a fairly biased view out of PCW)
But all in all I agree with the experts and have been saying much the same myself.
Actually the Samsung counter claims have been reported in PCW and other venues since they were filed. They just don't have the eyeball capture power of anything that Apple does, I guess.
#10
Posted 23 August 2012 - 07:54 AM
People literally fall in love with Apple's brand/products. They swoon over and get defensive the moment you so much as mention a competitor. The minute iPhone sales were reported stalling in the 2nd quarter (fell 12%), they swarmed the boards explaining how there was no stalling, people were just waiting for iPhone5 (isn't that stalling?).
I remember the brain scan of the Apple fan site editor that showed the same area for love being activated at the mention of Apple. We aren't talking about metaphors. Apple has found a way for people to fall in love with them, and that rules out any reasoning. The only comparables I can think of are the Tea party and evangelicals,
There are Android fanboys/gals, for sure, but far, far less and certainly not in love with the robot as with the Macintosh.
This post has been edited by Gnostradamus: 23 August 2012 - 07:56 AM
#11
Posted 23 August 2012 - 08:01 AM
Apple: Please stop acting like you are a GOD. We already have a sufficient supply.
#12
Posted 23 August 2012 - 08:13 AM
Gnostradamus, on 23 August 2012 - 07:54 AM, said:
People literally fall in love with Apple's brand/products. They swoon over and get defensive the moment you so much as mention a competitor. The minute iPhone sales were reported stalling in the 2nd quarter (fell 12%), they swarmed the boards explaining how there was no stalling, people were just waiting for iPhone5 (isn't that stalling?).
I remember the brain scan of the Apple fan site editor that showed the same area for love being activated at the mention of Apple. We aren't talking about metaphors. Apple has found a way for people to fall in love with them, and that rules out any reasoning. The only comparables I can think of are the Tea party and evangelicals,
There are Android fanboys/gals, for sure, but far, far less and certainly not in love with the robot as with the Macintosh.
Where do you ever see Apple fanboys like that? Android fanboys are far, far worse.
This post has been edited by TheBiggestAppleFanboyEver: 23 August 2012 - 08:14 AM
#14
Posted 23 August 2012 - 08:39 AM
#15
Posted 23 August 2012 - 08:50 AM
nonseq, on 23 August 2012 - 07:42 AM, said:
KLanD, on 23 August 2012 - 07:23 AM, said:
Unless, leaving it complex works in your favor...
"Samsung has asserted five patents against five Apple products"
Why is this the first I've heard of this? Every article I've read on PCW only talks about the Apple side and I've seen no mention of this. (I'll gladly be corrected, because it paints a fairly biased view out of PCW)
But all in all I agree with the experts and have been saying much the same myself.
Actually the Samsung counter claims have been reported in PCW and other venues since they were filed. They just don't have the eyeball capture power of anything that Apple does, I guess.
Can you point me to a specific article?
#16
Posted 23 August 2012 - 08:53 AM
TheBiggestAppleFanboyEver, on 23 August 2012 - 08:13 AM, said:
Gnostradamus, on 23 August 2012 - 07:54 AM, said:
People literally fall in love with Apple's brand/products. They swoon over and get defensive the moment you so much as mention a competitor. The minute iPhone sales were reported stalling in the 2nd quarter (fell 12%), they swarmed the boards explaining how there was no stalling, people were just waiting for iPhone5 (isn't that stalling?).
I remember the brain scan of the Apple fan site editor that showed the same area for love being activated at the mention of Apple. We aren't talking about metaphors. Apple has found a way for people to fall in love with them, and that rules out any reasoning. The only comparables I can think of are the Tea party and evangelicals,
There are Android fanboys/gals, for sure, but far, far less and certainly not in love with the robot as with the Macintosh.
Where do you ever see Apple fanboys like that? Android fanboys are far, far worse.
Come back and say that when you've got more than 9 posts.. Seriously, I know someone who cried like they lost a loved one after losing an iPhone.
#17
Posted 23 August 2012 - 09:03 AM
Invalid, Invalid .... Invalid.
#18
Posted 23 August 2012 - 09:09 AM
#19
Posted 23 August 2012 - 09:51 AM
QUADICON, on 23 August 2012 - 06:01 AM, said:
History - History shows that other tablets had similar concepts Apple has now. What has change is simple. Manufacturing today are far more refined and cheaper than it would have been to make such a device years ago. Software as also progressed to a point that devices don't have to be developed for single purpose usage.
Patent D501'889 should NEVER have been granted for several simple reasons. You can't patent rectangles and beveled edges. The face value of the patent shows that si what they were grant.
Question is, can you patent a look and style? YES! But only if that look and style is unique. It must be novel and it must be non-obvious. If you compare the iPhone and iPad to earlier devices that precede it, there is nothing unique about them at all.
Appel is fighting for relevance. Even though they are winning with the iPad, they are scared. if they can't get enough iPad's into peoples hands, they are worries companies like Microsoft will run them out the market and Android phones are already forcing Apple to stay within a 30% niche.
All the jury has to do is do what the patent off should have did. Look at other devices, look at Apple's patents and see if they provide anything that isn't obvious and novel.
If APple wins the market could be in trouble. Howver APple is purely going after Samsung because Samsung is the only OEM who has chosen to compete at the same level Apple is and no one else is. Apple doesn't want to work hard and earn top spot, they want it handed to them on a silver platter and that is simply how it doesn't work.
If these huror simply just have common sense, which I doubt people in California actually do, they will make a reasonable verdict. Whether Samsung copied shouldn't be the issue. The issue is, should Apple have been grant these patents in the first place to be able to sue for such trivial.
Koh already said the main reason she didn't band the Galaxy Tab originally if because she felt the 889 patent would likely be found invalid. It simply is just that, invalid for several reasons.
Many fans said Samsung argued prior art which is a failed point. Shows how stupid they are. Patents are award on novel and non-obvious innovations. So if I show there existed a device before your showing similar capabilities, then they means you should never have been award the patent in the first place.
I feel the Apple vs Microsoft case already set a precedence on what "look and feel" is suppose to mean. If the jurors look at that closely and see what the Judge put out and what can't be patented in software, and apply it to hardware, they should come back and find that Apple has no stance and that the patents should all be voided.
You doubt people in California have common sense? You are an idiot. Most tech companies in America began in California. What planet are you from idiot?
#20
Posted 23 August 2012 - 10:21 AM
Gnostradamus, on 23 August 2012 - 07:54 AM, said:
People literally fall in love with Apple's brand/products. They swoon over and get defensive the moment you so much as mention a competitor. The minute iPhone sales were reported stalling in the 2nd quarter (fell 12%), they swarmed the boards explaining how there was no stalling, people were just waiting for iPhone5 (isn't that stalling?).
I remember the brain scan of the Apple fan site editor that showed the same area for love being activated at the mention of Apple. We aren't talking about metaphors. Apple has found a way for people to fall in love with them, and that rules out any reasoning. The only comparables I can think of are the Tea party and evangelicals,
There are Android fanboys/gals, for sure, but far, far less and certainly not in love with the robot as with the Macintosh.
I would very much contend your final sentence.
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