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Apple V Samsung: Five Experts, Five Questions

#1 User is offline   PCWorld 

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Posted 22 August 2012 - 05:00 PM

Post your comments for Apple V Samsung: Five Experts, Five Questions here
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#2 User is offline   GeorgeGlasser 

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  Posted 22 August 2012 - 11:46 PM

It is the use of a law to stifle competition. Apple should add the suffix, SUES" to the company name. Apple Sues, Inc. has a nice ring to it.

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 12” 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 THING” hard backdrop"

The only thing missing was an incense burner.
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#3 User is offline   GlennWelt 

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  Posted 23 August 2012 - 05:20 AM

GUARANTEED WINNERS: The attorneys. They get paid either way.
GUARANTEED LOSERS: Consumers. We end up paying the legal bills and the mere threat of these expensive litigations DOES stifle competition.
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#4 User is offline   frlwinslow 

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  Posted 23 August 2012 - 05:48 AM

The consumer loses either way. these companies are really simply trying to destroy each other (especially Apple). Further, a verdict for Apple in all its frivolous claims will simply drive those who absolutely refuse to purchase the fruit-makers products right out of that market segment. Can you say, run to Windows 8 for phone, tablet, and laptop/desktop- a dilemma in itself!
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#5 User is offline   QUADICON 

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  Posted 23 August 2012 - 06:01 AM

Yeah, let's ask people with college degrees, what they make of the jurors duty. They make it sound more complicated than it is.

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.
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#6 User is offline   QUADICON 

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Posted 23 August 2012 - 06:04 AM

View PostGlennWelt, on 23 August 2012 - 05:20 AM, said:

GUARANTEED WINNERS: The attorneys. They get paid either way.
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.
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#7 User is offline   djanuary 

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Posted 23 August 2012 - 07:11 AM

View PostQUADICON, on 23 August 2012 - 06:04 AM, said:

View PostGlennWelt, on 23 August 2012 - 05:20 AM, said:

GUARANTEED WINNERS: The attorneys. They get paid either way.
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.
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#8 User is offline   KLanD 

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  Posted 23 August 2012 - 07:23 AM

"we always advise attorneys to do everything possible to clarify the complex legal and technological issues for the jurors"

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.
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#9 User is offline   nonseq 

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Posted 23 August 2012 - 07:42 AM

View PostKLanD, on 23 August 2012 - 07:23 AM, said:

"we always advise attorneys to do everything possible to clarify the complex legal and technological issues for the jurors"

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.
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#10 User is offline   Gnostradamus 

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  Posted 23 August 2012 - 07:54 AM

"I am continually surprised at how emotionally attached people are to their cellphones and tablets. At times the allegiance seems stronger than one's political or religious affiliation."

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

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#11 User is offline   GlennWelt 

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  Posted 23 August 2012 - 08:01 AM

If Apple invented the tablet as they'd like the whole world to believe, what were those things called that Moses was carrying with the Ten Commandments?

Apple: Please stop acting like you are a GOD. We already have a sufficient supply.
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#12 User is offline   TheBiggestAppleFanboyEver 

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Posted 23 August 2012 - 08:13 AM

View PostGnostradamus, on 23 August 2012 - 07:54 AM, said:

"I am continually surprised at how emotionally attached people are to their cellphones and tablets. At times the allegiance seems stronger than one's political or religious affiliation."

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

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#13 User is offline   djanuary 

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Posted 23 August 2012 - 08:20 AM

View PostGlennWelt, on 23 August 2012 - 08:01 AM, said:

If Apple invented the tablet as they'd like the whole world to believe, what were those things called that Moses was carrying with the Ten Commandments?

Apple: Please stop acting like you are a GOD. We already have a sufficient supply.

ipads
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#14 User is offline   GlennWelt 

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  Posted 23 August 2012 - 08:39 AM

Apple just applied for a patent on a round thing that they want to call the iWHEEL
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#15 User is offline   KLanD 

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Posted 23 August 2012 - 08:50 AM

View Postnonseq, on 23 August 2012 - 07:42 AM, said:

View PostKLanD, on 23 August 2012 - 07:23 AM, said:

"we always advise attorneys to do everything possible to clarify the complex legal and technological issues for the jurors"

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?
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#16 User is offline   KLanD 

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Posted 23 August 2012 - 08:53 AM

View PostTheBiggestAppleFanboyEver, on 23 August 2012 - 08:13 AM, said:

View PostGnostradamus, on 23 August 2012 - 07:54 AM, said:

"I am continually surprised at how emotionally attached people are to their cellphones and tablets. At times the allegiance seems stronger than one's political or religious affiliation."

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.
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#17 User is offline   JackNFranFarrell 

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  Posted 23 August 2012 - 09:03 AM

Suppose one mirror picks answer D.

Invalid, Invalid .... Invalid.
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#18 User is offline   ronniem6uy 

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  Posted 23 August 2012 - 09:09 AM

I guess the main difference between the two is that Samsung's patents are FRAND patents and they are trying to charge unrealistic amounts. Apple's claims are trade dress issues and as knock off complaints. Which I can actually kinda see when looking at some of Samsung's products. I'll tell you one thing. I've never seen a windows phone or nokia phone that ever looked like an Apple product. I'm sure that's why Apple isn't going after them. Seriously, you put a Samsung, Apple and Nokia phone next to each other. Which two look the most similar?
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#19 User is offline   RayDarbinyan 

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Posted 23 August 2012 - 09:51 AM

View PostQUADICON, on 23 August 2012 - 06:01 AM, said:

Yeah, let's ask people with college degrees, what they make of the jurors duty. They make it sound more complicated than it is.

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?
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#20 User is offline   crosswordbob 

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Posted 23 August 2012 - 10:21 AM

View PostGnostradamus, on 23 August 2012 - 07:54 AM, said:

"I am continually surprised at how emotionally attached people are to their cellphones and tablets. At times the allegiance seems stronger than one's political or religious affiliation."

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.
If I dispute one single point in a post, that should not be taken as an indication that I agree/disagree with any other point made by that poster or anyone else in the thread. Or anywhere else. Ever.
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