Apple sues Samsung over the Galaxy line, ITC siding up with Nokia and HTC against Apple
“It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.”, according to an Apple representative.
Samsung, in its turn, is considering a counterclaim, which is a popular maneuver in such patent infringement cases:
“Samsung’s development of core technologies and strengthening our intellectual property portfolio are keys to our continued success. Samsung will respond actively to this legal action taken against us through appropriate legal measures to protect our intellectual property.”, Sammy fights back in a statement.
Cupertino is accusing Samsung of stealing touch screen interaction concepts like selecting, scrolling and pinch-to-zoom. The choice of icons that Samsung made in the Galaxy line is also under fire - Apple has patents for its icons, including green boxes with phones, and a sunflower for the photos. Not only that, but physical appearance is considered copycat too in the claim - the rectangular shape and even the flat black face of the iPhone and the iPad are inferred, as well as packaging:
“Samsung’s Galaxy Tab computer tablet also slavishly copies a combination of several elements of the Apple Product Configuration Trade Dress. Samsung’s tablet, like Apple’s, uses a similar rectangular design with rounded corners, similar black border and array of icons.", says Apple in the claim.
Good luck on the rectangular shape argument, but it would be fun to be a fly on the wall at court when the lawyers are dueling over icons shape and color.
Apple's move came on the same day when the International Trade Commission (ITC) recommended that the further courts side up with Nokia and HTC against Apple's patent claims, which are similar to what it is suing Samsung for. Cupertino was seeking the banning of HTC and some Nokia product sales in the US, based on the inferred copyright infringement. It now seems that won't happen, although the HTC case is still to begin on May 9th.
If successful, Apple's accusations look for raking in some cash from Samsung for punitive damages and the like. It's interesting to follow the patent fight between the big boys, we are particularly eager to know if Nokia's similar suit against Apple holds water, as it also claims that the fruit company infringed on a number of technologies developed first by Nokia. This makes the patent fights a nice little Gordian Knot, from which the lawyers are sure to emerge with a second house in the Hamptons.
source: AllThingsD & MoCoNews
1. IOS5 (unregistered)
here we go start agian the same movie i dont know why Nokia still in this think already lost the case last time.
94. protozeloz (Posts: 5393; Member since: 16 Sep 2010)
don't know... i think the are still fighting
2. Ao (unregistered)
God... I hate Apple so much
3. RORYREVOLUTION (Posts: 3099; Member since: 12 Jan 2010)
Apple is clearly threatened by android im general. Oh god they are making better products then us let's sue them.
18. SuperAndroidEvo (Posts: 4766; Member since: 15 Apr 2011)
Apple looks scared & weak. Anyone who Apple sees as a threat, they just take to court. The rectangular design is so common. Why not take the whole mobile industry to court. Round edges c'mon every phone made since 98 has had round edges. I have never owned a phone with a pointy edge. To me Apple looks bad in all of this. So now that you are not # 1 then you start taking people to court. This is just ruining their PR!
36. remixfa (Posts: 14255; Member since: 19 Dec 2008)
so according to apple
1) noone else can have a rectangular phone (good luck, im waiting for a star shaped phone!)
2) noone else can have a menu button
3) noone else can have colorful icons!
3) noone else can have a green colored phone icon.
4) noone else can be... successful
5 noone else can have multitouch
6) noone should use flash
7) wireless syncing should be outlawed
8) noone should have good notifications.
Every time you buy an iProduct, your helping this man frivilously sue the rest of the world for infringing on his EGO.
4. Sniggly (Posts: 7297; Member since: 05 Dec 2009)
Apple iPhone 4:
Only an absolute moron would be unable to tell these phones apart. So a couple of icons look similar, Samsung uses common sense tech in its screens, and the general shape of two of the phones is similar to the iPhone's on the front. GET OVER IT, APPLE. Spend some of those millions you're dropping down the tubes in lawsuits and put that money into developing a phone that's actually innovative and superior again.
5. doubler86 (Posts: 320; Member since: 26 Jan 2011)
Dear Apple, Samsung has made over 50% of ur parts that go into ur products for the last several generations. Now that they are making their own products ur shocked the look slightly similar. Fuck you.
Love, Common Sense.
6. IOS5 (unregistered)
why you samsung fan dont want to admit that samsung copt Apple product its true galaxy s looks like iphone 3gs galaxy s2 looks like iphone 4 galaxy tab7" looks like ipad! dont get me wrong but samsung does not has own desigin like SonyEricssion, Sony Ericssion relase the Xperia Arc the phone design and skin looks 100 time better than galaxy s.
13. giantgnome (Posts: 67; Member since: 11 Feb 2011)
Your English doesn't have to be perfect but at least make some sense!
21. america123jeff (Posts: 36; Member since: 14 Apr 2011)
they look NOTHING like each other. and sony ericssion sucks. just sayin
39. Kjayhawk (Posts: 293; Member since: 07 Oct 2010)
I think apple wouldn't sue unless they have a good case.
Now I can see the icons being mildly the same, but the phones look nothing a like.
The packaging looks alike, but then again I thought all packaging looked alike...
7. G7 (unregistered)
WTF? Sunflower for a gallery icon is Apple's intellectual property? That's biggest nonsense I've ever heard
8. andro (unregistered)
Apple sueing Samsung? has Steve Jobs no shame,half the component for their iphone has been designed and manufactured by Samsung,Apples draconian thirst for control knows no bounds. Funny enough one of the few parts of the iphone directly designed and manufactured by apple themselves for the iphone 4 is the antenna and thats the major fault with it.
Apples feeling the pressure,android is now world leader and with ios being predicted to fall back to 3rd place in os terms Apple is becoming more desperate reacting with measures like this,Steve Jobs allowing flash back on ios shows this also.
The Samsung Galaxy s2 looks like it'll be a major big hitter this year and Steve Jobs is getting ready to get angry again
32. Xpple@gmail.com (unregistered)
FYI. . . iOS is in 3rd place now.
#4 Blackberry OS
This is as of Q4 2010.
122. alx33 (Posts: 32; Member since: 07 Oct 2011)
MIGHT i REMIND YOU THAT APPLE DESIGNS ALL OF ITS PRODUCTS!!!!! Samsung just manufactures them
9. androisaretard (unregistered)
Hello? Steve jobs isn't working for apple anymore you retard, he's retiring.
That being said, it's a stupid court case
33. AppleFUD (unregistered)
Hello retard. . . Steve Jobs has not retired. He is on permanent medical leave but still CEO of Apple while Tim Cook handles the daily running. He still calls the shots and can return any time he want. Get a clue before opening your mouth!
10. b (unregistered)
Apple sueing companies because they make mobile phones many of which make better phones than theirs. Its funny these companies are in the phone business alot longer than apple but Apple seem to think they invented mobiles
11. h3csc (Posts: 5; Member since: 16 Sep 2010)
Well, we all know Samsung the Galaxy series is "Apple's product for Apple's haters". If you like iPhone, iPad and Macbook Air but hate Apple from top to bottom then Samsung will offer you Galaxy S, Galaxy Tab and 9 Series laptop.
But that's how the industry works. This lawsuit is pretty much like Motorola suing Nokia for making mobile phone.
17. protozeloz (Posts: 5393; Member since: 16 Sep 2010)
I think every company has a hater, and for those who hate another company comes and fills that space....
and about the second comment.... epic i think I love you...
12. hrt (unregistered)
Make a top ranking phone with a touchscreen and a menu button and Apple will sue you for copying their invention.
you have been WARNED
16. IOS5 (unregistered)
The samart phones & tablets war start
19. rycx365 (Posts: 37; Member since: 18 Mar 2011)
How did the Galaxy series copy iphone? Well...
1)Apple gave iphone a rectangular shape, samsung made their phones rectangular in shape too
2)Apple decided to put a screen on the iphone. Samsung did the same
3)Apple decided that a camera would look nice on the back of the phone. Samsung copied that.
22. alex_a (Posts: 7; Member since: 12 Aug 2009)
Are you serious?.....
What shape should the phone be? Round?
Why would anyone put camera on the front part of the phone. Have you ever seen such phone?
I would think twice before commenting if I were you.
24. corps1089 (Posts: 492; Member since: 20 Jan 2010)
I think rycx365 was using something called sarcasm and was calling Apple out with harsh derision and irony.
Let me pry that off the wall over your head...
maybe if a little more heavy handed...
4) Apple gave the iPhone a visual interface so that those who could see would be able to garner information from it. So did Samsung
5) Apple gave the phone sound so that those who could hear would be able to use it when not looking at it. So did Samsung...
25. corps1089 (Posts: 492; Member since: 20 Jan 2010)
Newsflash. Apple sues God for letting there be light. Apple media relations gave a press release stating, "While God may have created light, Apple applied for and was granted the patent on using light in a mobile device screen so that owners can see it."
It does not look good for God in this lawsuit as Apple clearly has a good argument for infringement: God never filed a patent and light is now Apple's Intellectual Property...
38. ztedac (Posts: 69; Member since: 17 May 2010)
samsung made cameras.... they have the tech and just put it on their phones...
one thing samsung did not 'copy' is the epic iphone death grip =]
i really hope iphone would patent that 'death grip' too
20. som (Posts: 768; Member since: 10 Nov 2009)
Apple must suing every companies on earth for copied iPhone and iPad.
Samsung must stop selling memory cards, touchscreen panels, processors, etc. to Apple. If Apple is not stop suing Samsung.
23. applesauce (unregistered)
I would believe any other major company that has been making cell phones for more than 5 years over apple in any and all claims about patents and/or intellectal property, mostly because I find it hard to believe a company could come out of nowhere and make something like the iphone without stealing stuff from a myriad of sources (which is more or less company law: the original concept for what would become the Macintosh computer was done by Xerox, of all companies). It's also my belief that one of the many reasons the iphone (and everything else made by apple) is made in china is because of its patent infringements, and chinese companies, as many of us are well aware, just loves to "borrow" ideas/designs/IP/etc from other companies. Granted, sometimes their versions offer improvements, but they're still blatant IP thefts.
46. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
Inspiration is different from imitation. Audi was inspired by BMW's corona rings. So what did Audi do? Did they install corona rings on their Audi's? No. They came up with their own linear or L shaped LED lights to achieve similar dramatic effect that the BMW's corona rings have. Now that's inspiration, not imitation. Apple products are also inspired by devices that came out before their's. But they didn't simply copy. They innovated from those existing designs. Don't be silly.
56. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
I guess you feel you own this site huh? :)
60. jbash (Posts: 342; Member since: 07 Feb 2011)
Nope, but anything that says apple its followed by a gemini. I do like the above ^ analogy, but I think this is a desperate attempt to hold back progress by apple.
sn you and sniggly keep up the battling, it always makes for entertainment
62. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
So just me huh. You don't see your regular fellow fandroid trolls lurking around. You just see me. How thoughtful :)
61. jbash (Posts: 342; Member since: 07 Feb 2011)
you feel better i give you two thumbs up! lol
63. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
I'll feel better when fandroids finally get a brain that works :)
64. jbash (Posts: 342; Member since: 07 Feb 2011)
lol i dont even have an android. just enjoy how worked up you get over apple.lol
65. jbash (Posts: 342; Member since: 07 Feb 2011)
o lord look at the thumbs ups and downs now.
does anyone know that you sleep with a steve jobs blowup doll?
that should get me 15+ thumbs down
26. protozeloz (Posts: 5393; Member since: 16 Sep 2010)
Most of the time I try to be polite.... but not today.... I need to see something burn! so I'll leave gasoline here and hope you guys set this thread on fire! (phonearena needs some extra $$$ to pay bills this month anyways)
here is the phone
44. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
Oh please. It's not even close. Use your common sense. There would be a degree of similarities between these touchscreen devices. There's only so much they can do to make one dramatically different. Although Apple has done that. But for a device to look almost exactly the same as the other is downright copying. Stop playing innocent.
67. aruegas (Posts: 9; Member since: 04 Mar 2011)
"UPDATE: It looks like the F700 was actually first announced in February 2007 — a month after Steve Jobs debuted the iPhone — and was released in December 2007, months after the iPhone’s debut. Worse, it was greeted with accusations of being a complete iPhone ripoff!"
The link that you have provided is not at all credible.
95. protozeloz (Posts: 5393; Member since: 16 Sep 2010)
Actually it was not gotten from any research.... I just wanted a flame war.... so far so good
27. jskrenes (Posts: 209; Member since: 11 Dec 2008)
Look at the UI on the Fascinate: when you get into the app tray, you have icons with rounded edges and a side-scrolling menu instead of a vertically-scrolling menu. Apps that are downloaded appear in sequential order of download, not alphabetical order like on HTC or Motorola Android phones. It's obvious that Samsung took some influence from Apple's design, but holding the two devices side by side, it's also quite easy to tell the devices apart.
Keep in mind that Apple is also the company that applied for patents on the gestures (not just the hardware, but the gestures) you use to interact with the device, as well as software that would allow Apple to record voice calls, take biometric readings, and take pictures with both cameras if they found you had jailbroken the device.
28. Xpple (unregistered)
All companies that make smartphones should all just go into court together and go through everything till it's all decided who owns what then they can all get onto making us better devices.
30. ollie (unregistered)
OMFG, APPLE THE FAGS.... apple is suing the samsung for the design similarities in the samsung galaxy s and the iphone 4, but the galaxy s came out before the iphone fucking 4. and they dont own ficking icons and pinch zoom was around on touch computers made in like 2005 so apple can't complian. APPLE your the most hypercritical company i know. just because your a scared that android & other mobile phone companys will absolutely pown you when it comes to making phones. corperate bitches... if you hold up the luanch of the samsung galaxy s2 i will figging rip your steve Precious jobs and his loyars head off.... IM NOT A HAPPY PERSON :( zzzz
35. Xpple (unregistered)
lmao. . . dude. . . breath. . . their just phones and nothing is going to be held up. Just like the Nokia, HTC Vs Apple lawsuits haven't slowed anything down. More than likely this will just piss Sammy off more and they'll step things up even more = better for us cause they'll release some serious kit. Just look how they stepped up the Tab after Jobs mouthed off about them.
37. jduran541977 (Posts: 10; Member since: 14 Apr 2011)
apple u sucks you are getting scare that android os going to be number one from years to come let me phrase that they are number one same going to happen with android tablet they will be one step ahead of you to me the ipad 2 sucks look at those new tablets coming out better spec better screen resolution and they all have flash player something you dont have because you are a company that like to rip people money bootom line you are loosing this war android will rule from years to come
43. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
Ummm, android already too over the market share months ago. But Apple still holds the higher capital share. So I don't think that Apple is scared of android devices at all. Apple just wants the copying to stop. It's not flattering anymore. Apple is still the topdog, the rest are just a poor man's iphone and ipad wannabes :)
66. GetALife (unregistered)
wow. . . you really need to get a life. . . how long have you spent on this site putting thumbs up for yourself and thumbs down for everyone else. . . pathetic!
40. Smartphone Fan (unregistered)
This is so funny, it is a lame law suit. A little late. I mean apple come on you should of filed this law suit two years ago. The Galaxy Vibrant and captivate when it came out I saw the picture here on this site a year a go and said. 'oh my, this looks like an Iphone, DUh!'
Apple you knew they where going to come out with this phone a long time before it launched and now that they are kicking your tail you want their money. Come on. Microsoft must of encouraged you to do this so late in the game they are notorious for late law suits. Hey why dont you come out with that affordable IPHONE for 200.00 bucks already.
I love apple products too, except for the dumb battery...
42. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
Ummmmm, Apple makes more money than Samsung.
51. AppleFUD (unregistered)
I'm not sure about that.
According to wikipedia at least.
As you can see from the stats Samsung probably made the same or more than Apple in 2010 and is a much bigger company. You're probably stuck on the idea of "market cap" and that doesn't really matter to anyone outside of wall street and can change very quickly. In fact Microsoft's market cap was adjusting in the 90s because they had too much of an impact on the market--that's the only reason Apple currently has a higher market cap.
Samsung for 2009
Revenue = US$ 172.5 billion (2009)
Net income = US$ 13.8 billion (2009)
Total assets = US$ 294.5 billion (2009)
Total equity = US$ 112.5 billion (2009)
Apple for 2010
Revenue = US$ 65.23 billion (FY 2010)
Operating income = US$ 18.39 billion (FY 2010)
Profit = US$ 14.01 billion (FY 2010)
Total assets = US$ 75.18 billion (FY 2010)
Total equity = US$ 47.79 billion (FY 2010)
57. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
Stop beating around the bush. Just go directly to how much the company is worth. I have no clue where you got your rundown figures from, but according to Forbes, Apple is worth $255.18 billion. Now tell me how much Samsung is worth. I believe Samsung is only worth somewhere around $100 billion.
68. AppleFUD (unregistered)
That's market cap you moron! Maybe you ought to go educate yourself just a little as to what market cap is.
I even pointed that out so I wouldn't get a moronic reply about market cap but you are obviously just that stupid. . . .
76. aruegas (Posts: 9; Member since: 04 Mar 2011)
Here's their most current key statistics you dumbass :)
Total Cash (mrq): 26.98B
Total Cash Per Share (mrq): 29.28
Total Debt (mrq): 0.00
Total Debt/Equity (mrq): N/A
Current Ratio (mrq): 1.85
Book Value Per Share (mrq): 59.35
Cash Flow Statement
Operating Cash Flow (ttm): 22.59B
Levered Free Cash Flow (ttm):
Total Cash (mrq): 20.59B
Total Cash Per Share (mrq): 79.30
Total Debt (mrq): 9.89B
Total Debt/Equity (mrq): 12.06
Current Ratio (mrq): 1.54
Book Value Per Share (mrq): 302.14
Cash Flow Statement
Operating Cash Flow (ttm): 21.87B
Levered Free Cash Flow (ttm):
77. aruegas (Posts: 9; Member since: 04 Mar 2011)
I'd also like to point out to you that Apple has 0 ZERO debt, while Samsung has a total debt of $9.89 billion.
100. FYI (unregistered)
FYI. . .
AppleFUD's numbers are from Wikipedia
I would think that major companies make sure that their Wikipedia page is correct.
Can't find where aruegas found his/her info but it's clearly more related to stocks and doesn't give us a year state only quarter. . . from what I can gather and without a ledger the average person doesn't know what mrq & ttm stands for.
41. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
My goodness. All these fandroids. Is there a fandroid convention going on in here? Lol.
Let Apple sue whoever they want. If they feel cheated, then let them sue. Aren't fandroids advocates of freedom? Well Apple has that freedom too you know. And let's not deny the obvious. Samsung has been copying Apple designs for years now. Apple was lenient w/ them because they do supply Apple with hardware parts, and I think Samsung took advantage of Apple's leniency. But now that Apple is getting their parts somewhere else, that leniency has diminished, and it's time for Samsung to stop copying Apple products' designs. And please stop already with, "Prada came out first" line. No one cared for the Prada phone, ok. Samsung is copying Apple's iphone and ipad, and they need to stop. Period.