Aug 27 AT 3:04 PM Nick Gray 29 Comments

Apple seeking injunction on eight Samsung phones

samsung-logo

Apple may still be ecstatic over the huge sum of money that will soon be making its way into its coffers, but that’s not getting in its way of filing new papers with the courts today, requesting preliminary injunctions on eight Samsung phones which infringe on its patents.

Apple and Samsung already have September 20th circled on their calendars for an injunction hearing, but Apple’s request for preliminary injunctions against Samsung’s products is an attempt to block the phones from entering the market even before that date.

We are not sure if the judge will grant Apple’s preliminary injunction request, but we have a feeling that Samsung and its carrier partners will have to find replacements to fill the gaps in their lineups once September 20th rolls around. While most of the devices listed in the chart below are more than a year old, they are currently being used by most carriers as cheap alternatives to today’s flagship offerings.

In response to the Court’s August 24, 2012, Apple respectfully submits the following chart, reflecting the eight out of the twenty-eight adjudicated infringing products for which it seeks a preliminary injunction pending a final injunction. Each X reflects a jury finding in Apple’s favor and the Q reference identifies the question on the verdict form at which the finding can be found.Apple

Source: The Verge

Nick is a tech enthusiast who has a soft spot for HTC and its devices. He started HTCsource.com (the first HTC blog) back in 2007 and later joined the Android and Me family in the summer of 2010.

    Most Tweeted This Week

  • sknoslo

    Because 1.05 billion wasn’t enough right?

    • spazby

      I don’t think they will end up paying that anyway…

      • http://www.jaxidian.org/update/ jaxidian

        How do you think they’ll get out of it?

        • http://ArtisticAbode.com BetterWithRoot

          The same way you get an apple out of it’s skin…

          You appeal it.

          • Mort
          • http://www.focuszonedevelopment.com Homncruse

            Except that Apple controls the courts (which is what led us to where we are today in the first place).

            Not only will all these devices be successfully banned, but everyone who has ever owned one of these phones will be forced into paying for a new iPhone 5 and back-pay for all previous versions of iDevices dating to their original date of purchase.

          • http://www.jaxidian.org/update/ jaxidian

            Yeah, I have to agree with Homncruse. Of course Samsung is going to appeal and do so with all their might. However, don’t forget that appeals tend to work ~10% of the time. It’s nothing like the “sure shot” that everybody throws the “appeal” word around acts like it is. If Samsung has to appeal, then statistically, they’ve already lost.

            However, given that there were so many claims going on, we can even start to apply statistics to the claims. Let’s assume that Samsung gets 10% of the charges reversed on both Apple’s end and Samsung’s end. That means that 10% of the $1B fee goes away and Apple then owes Samsung 10% of what they claimed. Even THAT is a far cry from a win here.

            As much as I wish/hope you’re right, I don’t think you are. An appeal will work if 1) The judge was found incompetent (RARELY happens), 2) the jury was found incompetent (RARELY happens), or 3) claims that the patents were valid were incorrect and need revoked (the previous judge ruled that this was incredibly unlikely and not worth the court’s time to investigate). We can all hope but I wouldn’t bet money on it unless you wanted to gamble on a long shot. Again, I really REALLY hope I’m wrong.

    • WELCOME TO FRAGMENTATION

      APPLE IS INVINCIBLE. DOWN WITH THE WHINY MEANDROIDS.
      BYE:

  • snowbdr89

    Big deal thos are old phones soon to be phased out!! Can we file an injunction to have dick ( useless ) yarrell to be banned from all sites?

  • R.S

    F**k Apple!

    What are they going to do? Come take my Galaxy S 2 (T-Mobile) away?

    • http://htcsource.com Nick Gray

      No, the $1.048 billion Samsung will be paying Apple is for all the phones they have already sold. The injunction paper work signals that Apple is not willing to license the patents to Samsung and simply wants to make sure all infringing Samsung products are no longer sold in the U.S. market.

      • R.S

        But won’t Apple refusing to license out their patents work against them?

        I don’t remember the details but didn’t Apple claim a while back that another company not willing to work out a reasonable licensing deal with them was essentially unfair because without the license, they would not be able to conduct business?

        • http://www.focuszonedevelopment.com Homncruse

          Oh you and your logic.

        • wild

          Yep, it was motorola, and no it will not work against them.
          What do you think, American court will give money to American company or to Corean comany?
          American courts will protect apple and patent law as long as people doing nothing. Maybe if people wil go on streats and blame govenment, something will change.

          • http://www.jaxidian.org/update/ jaxidian

            It was Motorola but the difference is that those were “Standards-based Patents” while Apple’s patents aren’t – they’re simple private patents. With the ones adopted for standards, the owner is REQUIRED to license them, albeit for a reasonable price (courts get the fun in determining what’s reasonable). Private patents, on the other hand, have absolutely no requirement to be licensed.

    • Tangent

      No, but they’re going to stop them from continuing to sell them…

      “While most of the devices listed in the chart below are more than a year old, they are currently being used by most carriers as cheap alternatives to today’s flagship offerings.”

  • http://www.jaxidian.org/update/ jaxidian

    3 things:

    1) F*ck Apple.

    2) Apple’s stock has increased ~67% since the beginning of 2012. What innovations has Apple made, demonstrated, or began selling since the beginning of 2012? As a technology company, this means only one thing – their stock is over-valued. When the iPhone5 (and iPad Mini) are announced, expect some significant crashes in Apple’s stock.

    3) Many people have been joking about these being “obsolete” phones. They may be right but that doesn’t mean this isn’t important. In fact, this is VERY important. Why? Because Apple is building up some very solid evidence that it’s going to use in the future in a very big way. Think big-picture stuff here. Clearly, Apple doesn’t really care about the original Galaxy S or Droid Charge or any of these very outdated phones. Galaxy S2 is gravy but that’s not the goal. That’s just collateral damage. The real targets? Two-fold. First of all, they want additional ammunition to take down phones in court. However, even that is a secondary goal. The primary goal? Preliminary injunctions. We’re all saying how Apple shouldn’t be able to get the ITC to block Android devices without thoroughly investigating the issue. Right? Right. However, if Apple can prove that Samsung (and others) have been infringing on its patents time and time again, even after-the-fact (i.e. with old outdated models that nobody really cares about anymore), then Apple is going to have a very logically and legally sound argument as to why they need to get the ITC to block Android devices EVEN MORE! So once Apple has a strong-enough case with this history of blocking older phones, they’ll then start using that to target nearly every phone that comes this way in the future. And they’ll win both with devices that SHOULD be blocked and they’ll even get some casual victories with devices that are good and clear! Now THIS is why this is very important!

    • Mix

      Great post and scary information/

      Apple can just point to the past and say “Well we blocked a phone just like this one last year” and the courts will speed up the process in Apple’s favor.

      • http://www.jaxidian.org/update/ jaxidian

        EXACTLY! This is why we care very much about whether Apple wins or doesn’t win with these phones. If Apple wins with all of these phones, their path to victory in the future of any other Samsung phone becomes much easier.

        If Apple wins against Samsung in the long run, then their path to victory against any other Android manufacturer becomes much easier. Because, face it, they already took down the #1 Android manufacturer. Although, I’m glad they’ve not yet targeted Motorola and have given them time to become closer and closer to Google.

        • Raptor

          They should be banned and blocked 2 years and 1 years ago. Then there would be no threat to Apple from thieves capitalizing on its minimalist business model and making huge competition by stealing quick.

    • http://www.focuszonedevelopment.com Homncruse

      I’d +1 you for every point if I could.

      If you can’t make people WANT your products, just give them no other choice, right?

      • wild

        It’s apple way, If you can’t build good enough phone, just ban all other!

        • Nathan D.

          Then apple creativity died a while back when all this started.

  • WlfHart

    At what point can Samsung just turn around and sue for harassment by a patent troll?

  • chris

    I only have one thing to say…. I hate apple and its controlling attitude. I will never own one.

  • h0ruza

    I’ve come to the realisation that this is a good thing in fact many good things can come from this outcome.

    Apple wants Samsung to rethink its touch wiz UI… Hell yeah don’t we all! Remove it completely or make it better is what we’ve been crying out for!

    Apple wants Samsung to stop selling its old ginger bread phones… Erm fantastic that’s tackling fragmentation in a good way. Most of these gingerbread phones will stop at ics if they’re lucky.

    Future phones will be far removed from copying IOS which suits us fine.
    I am a die hard geek and I see this as a good result for true innovation and it will force Samsung to move forward.

  • Jagannath Patil

    I remember reading an article a long time ago that “Bill gates not letting his children own an Apple iPhone”…Apple sounding just like that. Not letting US citizens use the devices intimidating them.

  • Richard Yarrell

    This is nothing more than a ”SHAMEFUL APPLE ACT” Why wait to sue Samsung if you felt it’s products were copy cats as stated then WHY WAIT 2plus to sue??? Let me help you apple fanboys out the reasons are pretty clear “”Market share”” and “”Popularity””. Plus look around you see the Galaxy S2, Galaxy Note, Galaxy Nexus and now the famed Galaxy S3. It must be pretty hard to walk around with that useless 3.5 inch screen that offers no funcationality with those same boring ass icons that give no information. Who’s apple fooling with it’s boring products?? Guess they are fooling the dum non technology folk which constitutes iphone users all over the world. Rest assured this will be appealed all the way to the United States Supreme Court and not ONLY will the amount be serverely dropped but so will most of apple’s patents by the time the Supreme court gets involved. Time has come for Apple to realize Samsung just has better products that are more intuitive, better software, and excellent features and funcationality that won’t be beat by no silly iphone. Oh yeah Wednesday is the Samsung Unpacked event where the GALAXY NOTE 2 will be announced another samsung product that just bitch slaps any iphone. Go right ahead ban 2 year old devices that most carriers aren’t selling any longer or are basically on there way out anyway. Droid Charge?? Galaxy Prevail?? Galaxy S4g??? Galaxy S Showcase…WOW apple is making laugh you’d be doing the people on Verizon a favor anyway. This is pretty comical apple is the biggest JOKE in the tech game…

    • Sargon

      My God, you’re an idiot.

  1. Because 1.05 billion wasn’t enough right?

    • I don’t think they will end up paying that anyway…

      • How do you think they’ll get out of it?

        • The same way you get an apple out of it’s skin…

          You appeal it.

          • Except that Apple controls the courts (which is what led us to where we are today in the first place).

            Not only will all these devices be successfully banned, but everyone who has ever owned one of these phones will be forced into paying for a new iPhone 5 and back-pay for all previous versions of iDevices dating to their original date of purchase.

          • Yeah, I have to agree with Homncruse. Of course Samsung is going to appeal and do so with all their might. However, don’t forget that appeals tend to work ~10% of the time. It’s nothing like the “sure shot” that everybody throws the “appeal” word around acts like it is. If Samsung has to appeal, then statistically, they’ve already lost.

            However, given that there were so many claims going on, we can even start to apply statistics to the claims. Let’s assume that Samsung gets 10% of the charges reversed on both Apple’s end and Samsung’s end. That means that 10% of the $1B fee goes away and Apple then owes Samsung 10% of what they claimed. Even THAT is a far cry from a win here.

            As much as I wish/hope you’re right, I don’t think you are. An appeal will work if 1) The judge was found incompetent (RARELY happens), 2) the jury was found incompetent (RARELY happens), or 3) claims that the patents were valid were incorrect and need revoked (the previous judge ruled that this was incredibly unlikely and not worth the court’s time to investigate). We can all hope but I wouldn’t bet money on it unless you wanted to gamble on a long shot. Again, I really REALLY hope I’m wrong.

    • WELCOME TO FRAGMENTATIONGuest 3 years ago

      APPLE IS INVINCIBLE. DOWN WITH THE WHINY MEANDROIDS.
      BYE:

  2. snowbdr89Guest 3 years ago

    Big deal thos are old phones soon to be phased out!! Can we file an injunction to have dick ( useless ) yarrell to be banned from all sites?

  3. F**k Apple!

    What are they going to do? Come take my Galaxy S 2 (T-Mobile) away?

    • No, the $1.048 billion Samsung will be paying Apple is for all the phones they have already sold. The injunction paper work signals that Apple is not willing to license the patents to Samsung and simply wants to make sure all infringing Samsung products are no longer sold in the U.S. market.

      • But won’t Apple refusing to license out their patents work against them?

        I don’t remember the details but didn’t Apple claim a while back that another company not willing to work out a reasonable licensing deal with them was essentially unfair because without the license, they would not be able to conduct business?

        • Oh you and your logic.

        • Yep, it was motorola, and no it will not work against them.
          What do you think, American court will give money to American company or to Corean comany?
          American courts will protect apple and patent law as long as people doing nothing. Maybe if people wil go on streats and blame govenment, something will change.

          • It was Motorola but the difference is that those were “Standards-based Patents” while Apple’s patents aren’t – they’re simple private patents. With the ones adopted for standards, the owner is REQUIRED to license them, albeit for a reasonable price (courts get the fun in determining what’s reasonable). Private patents, on the other hand, have absolutely no requirement to be licensed.

    • No, but they’re going to stop them from continuing to sell them…

      “While most of the devices listed in the chart below are more than a year old, they are currently being used by most carriers as cheap alternatives to today’s flagship offerings.”

  4. 3 things:

    1) F*ck Apple.

    2) Apple’s stock has increased ~67% since the beginning of 2012. What innovations has Apple made, demonstrated, or began selling since the beginning of 2012? As a technology company, this means only one thing – their stock is over-valued. When the iPhone5 (and iPad Mini) are announced, expect some significant crashes in Apple’s stock.

    3) Many people have been joking about these being “obsolete” phones. They may be right but that doesn’t mean this isn’t important. In fact, this is VERY important. Why? Because Apple is building up some very solid evidence that it’s going to use in the future in a very big way. Think big-picture stuff here. Clearly, Apple doesn’t really care about the original Galaxy S or Droid Charge or any of these very outdated phones. Galaxy S2 is gravy but that’s not the goal. That’s just collateral damage. The real targets? Two-fold. First of all, they want additional ammunition to take down phones in court. However, even that is a secondary goal. The primary goal? Preliminary injunctions. We’re all saying how Apple shouldn’t be able to get the ITC to block Android devices without thoroughly investigating the issue. Right? Right. However, if Apple can prove that Samsung (and others) have been infringing on its patents time and time again, even after-the-fact (i.e. with old outdated models that nobody really cares about anymore), then Apple is going to have a very logically and legally sound argument as to why they need to get the ITC to block Android devices EVEN MORE! So once Apple has a strong-enough case with this history of blocking older phones, they’ll then start using that to target nearly every phone that comes this way in the future. And they’ll win both with devices that SHOULD be blocked and they’ll even get some casual victories with devices that are good and clear! Now THIS is why this is very important!

    • Great post and scary information/

      Apple can just point to the past and say “Well we blocked a phone just like this one last year” and the courts will speed up the process in Apple’s favor.

      • EXACTLY! This is why we care very much about whether Apple wins or doesn’t win with these phones. If Apple wins with all of these phones, their path to victory in the future of any other Samsung phone becomes much easier.

        If Apple wins against Samsung in the long run, then their path to victory against any other Android manufacturer becomes much easier. Because, face it, they already took down the #1 Android manufacturer. Although, I’m glad they’ve not yet targeted Motorola and have given them time to become closer and closer to Google.

        • RaptorGuest 3 years ago

          They should be banned and blocked 2 years and 1 years ago. Then there would be no threat to Apple from thieves capitalizing on its minimalist business model and making huge competition by stealing quick.

    • I’d +1 you for every point if I could.

      If you can’t make people WANT your products, just give them no other choice, right?

  5. At what point can Samsung just turn around and sue for harassment by a patent troll?

  6. chrisGuest 3 years ago

    I only have one thing to say…. I hate apple and its controlling attitude. I will never own one.

  7. I’ve come to the realisation that this is a good thing in fact many good things can come from this outcome.

    Apple wants Samsung to rethink its touch wiz UI… Hell yeah don’t we all! Remove it completely or make it better is what we’ve been crying out for!

    Apple wants Samsung to stop selling its old ginger bread phones… Erm fantastic that’s tackling fragmentation in a good way. Most of these gingerbread phones will stop at ics if they’re lucky.

    Future phones will be far removed from copying IOS which suits us fine.
    I am a die hard geek and I see this as a good result for true innovation and it will force Samsung to move forward.

  8. Jagannath PatilGuest 3 years ago

    I remember reading an article a long time ago that “Bill gates not letting his children own an Apple iPhone”…Apple sounding just like that. Not letting US citizens use the devices intimidating them.

  9. This is nothing more than a ”SHAMEFUL APPLE ACT” Why wait to sue Samsung if you felt it’s products were copy cats as stated then WHY WAIT 2plus to sue??? Let me help you apple fanboys out the reasons are pretty clear “”Market share”” and “”Popularity””. Plus look around you see the Galaxy S2, Galaxy Note, Galaxy Nexus and now the famed Galaxy S3. It must be pretty hard to walk around with that useless 3.5 inch screen that offers no funcationality with those same boring ass icons that give no information. Who’s apple fooling with it’s boring products?? Guess they are fooling the dum non technology folk which constitutes iphone users all over the world. Rest assured this will be appealed all the way to the United States Supreme Court and not ONLY will the amount be serverely dropped but so will most of apple’s patents by the time the Supreme court gets involved. Time has come for Apple to realize Samsung just has better products that are more intuitive, better software, and excellent features and funcationality that won’t be beat by no silly iphone. Oh yeah Wednesday is the Samsung Unpacked event where the GALAXY NOTE 2 will be announced another samsung product that just bitch slaps any iphone. Go right ahead ban 2 year old devices that most carriers aren’t selling any longer or are basically on there way out anyway. Droid Charge?? Galaxy Prevail?? Galaxy S4g??? Galaxy S Showcase…WOW apple is making laugh you’d be doing the people on Verizon a favor anyway. This is pretty comical apple is the biggest JOKE in the tech game…