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Apple accuses Samsung of pirating, stealing and counterfeiting in letter

Posted: , by Alan F.

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Apple accuses Samsung of pirating, stealing and counterfeiting in letter
When we characterized the Samsung-Apple legal battles as being the modern equivalent of the Hatfields-McCoys feud, we firmly had our tongue placed in cheek. Not anymore. First, let's recap. The court has granted a motion giving Samsung what it asked for, an expedited hearing on the Samsung GALAXY Nexus preliminary injunction. (more on that below) It also accepted Apple's response to the temporary stay on the injunction which will be taken into consideration. Additionally, Apple complained about Sprint and Google filing amicus curiae (friend of the court) briefs in favor of Samsung. Apple accused Google of not being an uninterested third party since it developed the Samsung GALAXY Nexus with Samsung. The Cupertino based firm said that Google was trying to hide its relationship with Samsung. 

"[the company's] letter shows nothing beyond the entirely predictable consequence of Samsung’s infringement — i.e., the infringing products must be taken off of the market. It is not a legally cognizable harm to halt downstream sales of stolen, pirated, counterfeit, or infringing products."-letter from Apple
Samsung was granted an expedited hearing, as we said, for the preliminary injunction Apple won on the Samsung GALAXY Nexus. The injunction was later stayed by a Federal Appeals Court pending the hearing. As a result of Samsung's legal victory, the Korean based manufacturer must submit its court brief by the 16th of July to the U.S. Court of Appeals. Apple will have 14 days to respond and final comments will take place on the 6th of August.

Now comes the part of the article you were waiting for. You might recall that we told you on Friday that Apple had its lawyers write letters to retailers reminding them that thanks to preliminary injunctions, the Samsung GALAXY Tab 10.1 tablet and the Samsung GALAXY Nexus should not be sold. The letters were sent before the Appeals Court put a stay on the Samsung GALAXY Nexus preliminary injunction. Samsung, as you might guess, didn't take too kindly to this action. Apple defended itself  in a letter that included the following:  "It is not a legally cognizable harm to halt downstream sales of stolen, pirated, counterfeit, or infringing products." Now, we were taught that if you don't have something nice to say about someone, you don't talk about them at all. But in this one sentence, Apple is accusing Samsung of counterfeiting, stealing and pirating. And something tells us that this is just the beginning. Put it this way, you wouldn't call Apple and Samsung to meet you for breakfast at IHOP (or is it iHop?).

source: electronista

178 Comments
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posted on 14 Jul 2012, 12:31 36

3. andro. (Posts: 1970; Member since: 16 Sep 2011)


These are new lows apple are sinking too,next they will probably try to create an apple generated blockade to try prevent delivery of android phones to stores,after all those phones are rectangular and black and the iPhone cannot be allowed to have a competitive market for which to sell to

posted on 14 Jul 2012, 13:25 17

22. Droid_X_Doug (Posts: 5915; Member since: 22 Dec 2010)


Apple is definitely pushing the envelope in their litigation practice. I wonder how long until Google gets its patent on the Notification function? You want to hear screaming? Wait until that patent issues.

posted on 14 Jul 2012, 15:17 1

43. roscuthiii (Posts: 1859; Member since: 18 Jul 2010)


Even then, I'd be willing to bet Google would want to talk licensing deals, or some kind of even exchange... doubtful as hell they'd bring the word injunction into it at all.

posted on 14 Jul 2012, 22:37 1

128. spinz (Posts: 26; Member since: 28 Feb 2012)


Google should also patent its widgets. I can't leave android os without having widgets.

posted on 14 Jul 2012, 12:34 1

4. joey18 (Posts: 526; Member since: 20 Jul 2010)


Thast stupid only third countrys has this problems so the governent needs to stop this

posted on 14 Jul 2012, 12:35 27

5. ilia1986 (unregistered)


lol Piracy! Yarrr!! :D

Nice try Apple. I guess nobody remembers your iTunes "Rip. Mix. Burn." slogan back in the day. Oh wait - apparently some people do..

posted on 14 Jul 2012, 13:04 4

14. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


You realize ripping meant rip a cd right?

posted on 14 Jul 2012, 13:11 33

18. ilia1986 (unregistered)


Yep. And Apple was accused of just that. Advocating piracy. Bad Apple. Very bad. Hypocricy, Apple. Very bad.

posted on 14 Jul 2012, 17:41 1

56. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


It was ripping a legally bought cd to iTunes.

posted on 14 Jul 2012, 18:43 12

73. remixfa (Posts: 14049; Member since: 19 Dec 2008)


yes, with no way to prove that you bought it and were not just borrowing a friend's CD or CD-R'ed copy. Again, "advocating piracy".

Its also legal to download MP3's of music you already own (and copy movies for that matter) from anywhere for "backup" purposes. That's not the main thing people are doing when they go to sites like Limewire/pirate bay and download music.. now is it?

posted on 14 Jul 2012, 18:58 5

83. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


Exactly...

Makes me think about about Windows media player now...lol.

Good points by you and ilia.

posted on 14 Jul 2012, 21:53 1

113. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


So the music industry struck a deal with Apple for the first online music store why?

Obviously Apple was not advocating privacy. When you put a cd into your pc iTunes would offer to "rip it". That has nothing to do with piracy.

posted on 15 Jul 2012, 08:24 2

147. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


So....ripping a CD has ....nothing ....to do with piracy?

Cmon Taco....cmon man....

Good point about the deal with the music industry. But look outside the box.....

posted on 14 Jul 2012, 16:29 15

52. Sniggly (Posts: 7177; Member since: 05 Dec 2009)


Dude, where the hell did you come from?

posted on 14 Jul 2012, 12:38 26

6. StreetNerd (Posts: 719; Member since: 08 Dec 2010)


getting tired of these apple losers

posted on 14 Jul 2012, 12:47 19

9. TheRetroReplay (Posts: 245; Member since: 20 Mar 2012)


Well now Samsung can sue Apple for defamation of character

posted on 14 Jul 2012, 12:50 15

11. fur0n (Posts: 69; Member since: 13 Jun 2012)


Samsung wouldn't sue they like a competitive market. Unlike apple

posted on 14 Jul 2012, 13:09 3

16. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


It's not defamation if it's true

posted on 14 Jul 2012, 13:26 10

23. Droid_X_Doug (Posts: 5915; Member since: 22 Dec 2010)


It hasn't been proven yet, so you are as usual jumping to conclusions.

posted on 16 Jul 2012, 18:00

171. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


Exactly....

posted on 14 Jul 2012, 14:16 9

33. LionStone (Posts: 461; Member since: 10 Dec 2010)


Wrong...you can't slander someone publicly, even if its true! If its proven that Samsung stands to lose monetarily from said slander, then they will have a strong case for Slander.

posted on 14 Jul 2012, 15:29 8

45. roscuthiii (Posts: 1859; Member since: 18 Jul 2010)


Technically it'd be libel since it was printed not spoken (unless it was a spoken statement?), but yep, the Galaxy Nexus currently doesn't even have an injunction against it and even with the injunction remaining against the Galaxy Tab 10.1, a trade injunction is not a conclusive court decree of malfeasance. Apple's cease & desist letters and retaliatory statement upon criticism of those letters could very well be argued as libel.
Apple's legal team should have invested as much time in tort law as they did in patent law.

posted on 14 Jul 2012, 18:44 8

74. remixfa (Posts: 14049; Member since: 19 Dec 2008)


yea, it would be libel. And without a single court case even coming CLOSE to saying any of those words.. its definitely something samsung should take them to task on.

posted on 14 Jul 2012, 19:37 16

94. sprockkets (Posts: 1302; Member since: 16 Jan 2012)


Pirating would mean Samsung raided apple's engineering department and stole all their secrets on the ipad. Counterfeiting would mean they are selling ipads branded as such they manufactured themselves.
Stolen means Samsung is selling ipads they stole from apple.

Making a Galaxy Tab from the ground up that looks like some square with rectangles then banning it in the courts is apple being a whiny insecure bitch.

posted on 15 Jul 2012, 03:31 1

138. pegasso (Posts: 172; Member since: 27 Nov 2011)


@sprockkets : well said

posted on 14 Jul 2012, 12:52 23

12. Ravail (Posts: 182; Member since: 14 Oct 2011)


are you kidding me? lol i bet Apple is pissed because they see that the GSIII is superior to the new iPhone, therefore they are trying to sue all the competition out of business.

posted on 14 Jul 2012, 13:30 15

24. Droid_X_Doug (Posts: 5915; Member since: 22 Dec 2010)


Close. The GS III and G Nexus are taking sales away from iDevices that in the presence of a sales ban, would have either waited for the new iDevices to be released or gone to the current crop of iDevices. Sammy is posting some really huge sales numbers for the GS III. Everyone in Cupertino from Tim on down have to be wondering how much of a hit that is going to translate into reduced iDevice sales. Therefore, the attempt to ban sales.

posted on 14 Jul 2012, 12:53 18

13. ekia007 (Posts: 61; Member since: 27 Feb 2012)


Stupid apple

posted on 14 Jul 2012, 18:53

81. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


edit......

posted on 14 Jul 2012, 13:05 5

15. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


I think it's pretty obvious Samsung's strategy is to copy everything Apple does

posted on 14 Jul 2012, 13:10 18

17. wassup (Posts: 565; Member since: 23 Jun 2011)


yes, which is why the samsung galaxy sIII looks exactly like the iPhone 4S, and why android is copying apple by having a drop down notification, right? /s
some companies should really grow up and fight in the marketplace, not the court.

posted on 14 Jul 2012, 13:22 15

21. Santi_Santi (unregistered)


yeah! and thats exactly the reason why the next iPhone will have a quad-core processor like the SGIII with a larger screen like the SGIII and improved graphics like the SGIII and maybe they wont be sued because its a waste of time! pretty clever!

posted on 14 Jul 2012, 17:42 1

57. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Big screen and fast processor isn't innovation

posted on 14 Jul 2012, 17:47 17

60. BattleBrat (Posts: 1143; Member since: 26 Oct 2011)


But a tiny screen and a slow processor is?

posted on 14 Jul 2012, 17:49 1

63. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Innovation is creating something unique. Not making the same phone and slapping a bigger screen on it.

posted on 14 Jul 2012, 18:13 11

67. HouTexan (Posts: 315; Member since: 08 Jan 2012)


Are you THAT stupid and ignorant? No one, in their right mind, would mistake a GSIII for a larger iPhone. What the hell? Sorry, I fed the troll, guys.

posted on 14 Jul 2012, 18:17 11

69. thedarkside (Posts: 652; Member since: 30 Apr 2012)


youre an idiot taco. the iphone has been the same phone since its launch. yeah thats innovation.

posted on 14 Jul 2012, 18:47 14

75. remixfa (Posts: 14049; Member since: 19 Dec 2008)


the iphone took pre-existing parts and put them together slightly differently..

and then left it at that for 5 generations save for the 1 change from the 3gs to the 4. thats not unique.. thats "lack of creativity"

"slapping a bigger screen" is a lie or at best a sign of your ignorance. Without samsung's screen massive improvements and new tech we would still be stuck on thick low res LCD displays. And before you jump on "apple's retina"... which is made by LG, you need to remember that LG was caught red handed performing corporate espionage to get Samsung's screen tech secrets.

posted on 14 Jul 2012, 18:49 13

77. remixfa (Posts: 14049; Member since: 19 Dec 2008)


and if it wasnt for every iphone being filled with about 70% of samsung's PROPRIETARY parts, there wouldnt be much to your precious iphone to begin with. Maybe it would have a nice crapdragon processor instead.

posted on 14 Jul 2012, 19:25 2

88. thedarkside (Posts: 652; Member since: 30 Apr 2012)


hahaha crapdragon.

posted on 14 Jul 2012, 21:41 2

108. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Wrong as usual, Apple designs the parts and outsources to companies to make them. Samsung happens to be ONE of those companies.

posted on 15 Jul 2012, 02:07 5

135. willard12 (Posts: 861; Member since: 04 Jul 2012)


Isn't apple supposed to be using a Exynos based chip for iPhone 5?

posted on 15 Jul 2012, 10:24 2

155. remixfa (Posts: 14049; Member since: 19 Dec 2008)


and the iphone 4s, the iphone 4, the ipad 1, 2, and 3.

I dont remember if the iphone, 3g, and 3gs were samsung off the top of my head.

Apple designs the look of the devices, they dont design the hardware. They BOUGHT a chip design. They didnt make it. It just happened to be the sister chip to Samsung's exynos and Hummingbird line up.

Iphone.. all Samsung on the inside.

posted on 14 Jul 2012, 19:37 10

93. thedarkside (Posts: 652; Member since: 30 Apr 2012)


taco youre the exact ifan and reason why im leaving team iphone. youre beyond stupid. how can you honestly say that samsung is stealing from the iphone? and dont you even dare compare the iphone to the S3. thatd be comparing apples to diamonds (see what i did there), which would make sense. everyone likes apples because theyre essential all the same. whereas the S3 took time to finish and polish before being released... like a diamond. quit being a super troll and learn the difference between stupid and dull to excellent and perfect. twit

posted on 14 Jul 2012, 19:40 8

96. zhypher_23 (Posts: 195; Member since: 04 Jun 2012)


Isn't that the iPhone? Same old looks 3.5 inches, hell no it's not unique, does iphone-iphone 4s have any big difference in looks? talk about being unique lol.

posted on 15 Jul 2012, 13:40 2

162. parkwaydr (Posts: 572; Member since: 07 Sep 2011)


"Innovation is creating something unique. Not making the same phone and slapping a bigger screen on it."

So you agree that the new iPhone isn't innovation?

Because what you claim isn't innovation is exactly what Apple is doing.

posted on 15 Jul 2012, 22:39 1

168. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


If thats the case...only the orig iPhone was innovative.

The orig iPhone was innovative because of probably 1 area.

Icons on phones were already done. Colorful ones too.
Home screens with icons was already done.
Carriers had their own app store on phones. At least Verizon did with Get It Now.
One button home button on phones was already done.

Apple added multi touch to a capacitive screen...and its an amazing thing?

posted on 15 Jul 2012, 00:26 1

132. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


And with along his half-Baked Darwin OS. And its not even Linux.

posted on 14 Jul 2012, 19:43 5

98. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Still copycat... Xerox...

posted on 14 Jul 2012, 21:53 4

114. -box- (Posts: 3857; Member since: 04 Jan 2012)


It's evolution. Apple wants its products to evolve at the speed of a dead paramecium, whereas others actually push the envelope of what can be manufactured and sold. Same body, different processor and a crummy gimmicky voice thing isn't being very evolutionary. Symbian has evolved more in two years than apple has in five

posted on 14 Jul 2012, 14:46 11

41. kingpet13 (Posts: 139; Member since: 02 Feb 2012)


Ok then, Samsung just has to take .8 inches off the screen, change the color, weaken the proccesor by 50-60%, add support for the Itunes appstore, remove the homescreens and customization options, get thier competitors to make hardware for them, take credit for things they didn't invent and ban the Iphone and Ipad. Oh yea and the iphones proccessors are almost always based off a proccessor that samsung has had on a phone for 6 months because Samsung makes them. So technically ever iPhone hardware is copied by samsung. Otherwise I see what you mean, I mean samsung has a touchscreen! And Is a rectangle with rounded edges! And you can open apps after you download them! And the notification bar! Also google voice is obiously copying Siri. They haven't had voice commands since before the releas of the iPhone. Nothing exsists untll your king tells you to buy it, an then it is the coolest and newest thing. They are such coppy cats. :p I fed the troll!

posted on 14 Jul 2012, 15:32 6

46. roscuthiii (Posts: 1859; Member since: 18 Jul 2010)


You fed the troll, now you have to walk him, check him for ticks, and possibly express his anal glands. ;-P

posted on 14 Jul 2012, 18:54 3

82. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


http://gizmodo.com/343641/1960s-braun-products-hold-the-secrets-to-apples-future

posted on 15 Jul 2012, 03:41 1

139. pegasso (Posts: 172; Member since: 27 Nov 2011)


Braun should sue!

posted on 17 Jul 2012, 00:09 1

176. cdnfreak (Posts: 26; Member since: 13 Mar 2012)


Should show this to a patent judge and throw out all the patents that Apple has been granted that are duplicates of Braun products... look who's stealing what!

posted on 14 Jul 2012, 19:47 3

99. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Are u a lowlife. Don't u have no self-respect. Or dignity. Ur a big serious looser. Apple never created nor invented anything. .
They buy bits and jobs and stuff it in 1 piece. Are u that born brainwashed cult. Get a life looser.

posted on 14 Jul 2012, 20:51 3

105. InspectorGadget80 (Posts: 6674; Member since: 26 Mar 2011)


you're the obcious one. and couldn't Take it CAUSE SAMSUNG makes better phones than cr@pple

posted on 14 Jul 2012, 13:35 17

26. jasonjerkoff (Posts: 17; Member since: 12 Jul 2012)


the aggressive manner in which apple is moving against samsung , apple are clearly tellin u that their unannounced iphone 5 has already lost to the samsung galaxy s3 , just think about it .........

posted on 14 Jul 2012, 14:25 8

36. Droid_X_Doug (Posts: 5915; Member since: 22 Dec 2010)


You forgot to mention how Sammy is going to impact the iPad4....

posted on 15 Jul 2012, 22:44

169. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


Of course....you know why?

Cuz Apple probably plans on a bigger phone now.....that Mr Jobs at one time said...

No one's gonna buy a big phone.

http://www.engadget.com/2010/07/16/jobs-no-ones-going-to-buy-a-big-phone/5

Funny that its from July 2010. In 2010 and the beginning of 2011...The EVO and Droid X1 were in the top 5 phones sold...The Galaxy S 1 line helped make Samsung alot of money.

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