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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Just pointing out.... | 360 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Just pointing out....
Authored by: Anonymous on Friday, November 09 2012 @ 02:44 PM EST
As far as I am aware this is the first case between the two
that has reached a conclusion where the losing side (i.e.
apple) has not appealed to a higher court?

[ Reply to This | Parent | # ]

Just pointing out....
Authored by: Anonymous on Friday, November 09 2012 @ 02:47 PM EST
You're not paying attention. So far Apple has one US jury
verdict that might get tossed out in a few days, one German
ruling that has already been voided, a couple of clear
losses, and several other lawsuits still in the early stages.

These lawsuits have "nuisance value" - they make life
annoying for Samsung and Google, which might or might not be
a viable business strategy in the short term. But as a
*legal* strategy, Apple is doing quite poorly.

[ Reply to This | Parent | # ]

Just pointing out....
Authored by: DannyB on Friday, November 09 2012 @ 04:16 PM EST
It's not a WINNING strategy, it's a DELAYING strategy.

It might delay Apple's ultimate decline into a closed proprietary system always
playing catch up with a de-facto industry standard. But it won't stop it.

According to IDC's latest numbers, Android has 75% of the market share and Apple
14%. If you look at US-only numbers, the picture is somewhat better, but Apple
is still a distant 2nd place. It will only get worse.

I think that $1 Billion verdict against Samsung is the very best Apple's
supposedly winning strategy is going to achieve. Even in the very worst case,
Samsung will pay the $1 Billon and move on. That won't help Apple in the long
term. How many billions did Samsung profit last quarter?

I noticed on Google Images that by searching I was able to find quite a few
Samsung microwave ovens and washing machines that infringe the rounded rectangle
patent. Oh my.




---
The price of freedom is eternal litigation.

[ Reply to This | Parent | # ]

  • Delay? - Authored by: Anonymous on Friday, November 09 2012 @ 05:12 PM EST
Just pointing out....
Authored by: Anonymous on Friday, November 09 2012 @ 07:00 PM EST
The first incredible reaction of Apple could be due to an aggressive legal team.
But maybe it is also due to the pain the UK measure does provoke.
Apple, being so much all image, did perhaps really not like this. They clearly
have better quality than MS and lots of their competition in the hand-held
market. But they are not always on top. And in the future probably there will be
less and less difference. So they really need that years community of faithful
fans, so much build on image.
And also see to what level all those patent fights are done in the media and on
the internet. How close a certain blogger looks to be to Apple's point of views
and even to Apple's feelings. How important it apparently is to create a feeling
by a large audience that Samsung is copying, that Android will in the end not
survive legal challenges.
Perhaps this kind of sanctions is the way out of this "nuclear patent
war" mess.

[ Reply to This | Parent | # ]

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