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back to article Apple loses bid to 'cut in line' in Samsung patent dust-up

A US Federal appeals court has rejected Apple's request to expedite its appeal requesting a ban on a passel of its über-enemy Samsung's smartphones from the US market. "In some sense, Apple was asking to 'cut in line'," Santa Clara University law professor Brian Love told Reuters, "and judges are generally reluctant to give …

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Time is short it seems...

That's the smell of panic as the lasts of the RDF burns off the brand, time for some running around in circles at infinite loop.

I have no suggestion as to how they fix this.

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Re: Time is short it seems...

"I have no suggestion as to how they fix this."

Shoot all the lawyers

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Rob
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Re: Time is short it seems...

They could innovate and produce something better, then they wouldn't have to worry about hanging onto Market share with legal shenanigans.

If there was an icon it would be a bleedin' obvious one.

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Megaphone

@Thorne Re: "Shoot all the lawyers" Weeell, not just the lawyers. To use an analogy.......

.............when somebody is taken out who is guilty of murder, the hitman or his employer? I say shoot the lawyers and the people who employ them for such purposes as referred to in the article.

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Re: Time is short it seems...

"I have no suggestion as to how they fix this."

Why bother?

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Mushroom

You're barging in wrong

For Christs sake Apple get with the plot - you're not top dog anymore and it really is time to Think Different, if you can. That means your pathetic lawsuit days are over - including trying to trademark how ever the fuck you lay out your stores.

By the way, hows that thermonuclear thing working out for you?

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Trollface

Re: You're barging in wrong

Remember back in the 80's apple made a commercial that mocked MS and how people were like drones to it. Doesn't it seem like that commercial is flip flopped with apple having people as drones and Samsung is destroying the apple.

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Re: You're barging in wrong

Erm, wasn't it mocking IBM rather than microsoft?

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For such an 'innovative' company there is an awful stench of desperation...

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FAIL

Samsung

Apple are making more people aware of Samsungs products so in essence they are shooting themselves in the foot.

Im not interested in ianything, but I have been giving consideration to the Note2, especially when my contract is up and I can ditch this Windows Monster 7.8

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Anonymous Coward

Re: Samsung

Well, I *was* generally interested in iThings but that was when they were innovative. It seems you have two mutually exclusive modi operandi: innovate, or sue. IMHO, Apple has switched to the wrong one.

*Not* happy, and wondering when (or even IF) they stop this cr*p.

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Anonymous Coward

Re: Samsung

As they say: "If you can't innovate, litigate!"

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Re: Samsung

Innovation walked out the door when Woz left the company, ever since they they have taken other products and refined them a little and then claim they are the most innovate company around.

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Re: Samsung

"Apple are making more people aware of Samsungs products so in essence they are shooting themselves in the foot."

Yup, In Australia the original galaxy tab 10 (I think) was legally blocked from sale initially. Lots of publicity over the court case.

When the injunction was lifted Samsung took out full page ads in every major newspaper with the byline "The Tablet Apple Didn't Want You To See".

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Anonymous Coward

Re: Samsung

"Well, I *was* generally interested in iThings but that was when they were innovative. It seems you have two mutually exclusive modi operandi: innovate, or sue. IMHO, Apple has switched to the wrong one.

*Not* happy, and wondering when (or even IF) they stop this cr*p."

I'd make to stick with your poor choice in tech, you should always be apple's bitch.

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Anonymous Coward

Re: Samsung

You make out like Samsung do not sue anyone, have perfect ethics etc. Think again.

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This post has been deleted by its author

They've both as bad as each other as far as I'm concerned. If you've ever had to deal with samsung customer support you would not have any sympathy for them.

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I've never had any issue with Samsung customer support, c'est la vie, it all depends on who you end up talking to.

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6 thumbs down for posting about my own recent experience of Samsung's customer support? Don't people like reality around here?

Brand loyalty is for suckers - as soon as their bottom line is under threat every one of these multi nationals will sell you down the river. You have been warned.

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I'd never had any problem with customer support until I had to deal with samsung - most of their agents are ok but they have a few bad apples who are not above lying to their customers.

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Pint

Like a lot of normal people, I'm getting really fscking sick of all this patent crap. They're just a bunch of spoiled brats.

Scrap patents and lets see some real innovation start to happen.

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Anonymous Coward

"Scrap patents and lets see some real innovation start to happen."

Scrap patents and lets see some real copying start to happen.

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Isn't it Apples contention that the 'copying' of their IP is already occurring?

Additionally, IIRC they are 'design' patents rather than invention / technological. IMHO, they should never have been granted. Some trademarked, perhaps, not patented though.

http://www.businessinsider.com/apple-versus-samsung-2012-8?op=1

Can you imagine if Xerox had patented the WIMP system? Or someone else, the double-click?

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holy crap

I'm gonna go patent the double click RIGHT NOW

But I agree, what's annoyed me most is the number of "for a mobile device" patents you see. I don't care because, as far as I'm concerned, a smart phone fulfils the criteria for a PC, ergo all those 'mobile device' patents are invalid. But of course that's logical, something you'll never see in the USPTO

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Go

Patent the double-click?

Patent the triple-click instead -- that would be true innovation!

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Anonymous Coward

You'd say that unless you had spent a lot of time and money developing something just for someone else to rip it off. Oh and say goodbye to any new pharmaceuticals - I mean why bother with the hundreds of millions in R&D, failed products then years of clinical trials if it's ok for someone to just make a cheap generic version?

Oh you mean scrap Apple's patents as it's ok to rip them off?

Well scrap Samsung's as well but then maybe they would not bother developing new flash, cpus, screens etc.

Not really thought this one through?

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Anonymous Coward

Perhaps I'll alter this a little for the hard of thinking

"Scrap patents and lets see some REAL innovation start to happen." - it won't

"Scrap patents and lets see some REAL copying start to happen." - it will

By REAL innovation I mean new drugs and other physical inventions, not software, design

By REAL copying I mean copying that will stop REAL innovations happening.

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Meh

By REAL innovation I mean new drugs and other physical inventions, not software, design

I really don't see why software engineering should be relegated to some sort of 'second class citizen' in the engineering world whereby chemical, electronic or mechanical engineers are allowed to patent the fruits of their efforts, but software engineers are not.

What we do need are patent examiners who are smart enough to realise that applying something that's been done before in a new context (e.g. 'on a mobile phone') doesn't make it a new idea that can be patented, or that mimicry on-screen of a real-world process (e.g. a page turning animation) doesn't make that a new idea that can be patented, although there may be underlying processes used to create that mimicry (e.g. some clever method of handling the animation) that can be patented.

Of course we also need patent examiners who are diligent and knowledgeable enough to research prior art properly!

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I walked into the Bluewater Apple store once. It was most unpleasant. Filled with fanbois sweating profusely as they grappled to lay their hands on the latest slab. I'm sure thy would have been rolling on the floor and piddling in delight if there had been room.

I tried out an iPhone. Hated it. Not at all intuitive.

I'm off to trademark piddling in the air in delight.

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Coat

Careful, you could get sued

Phil Collins had a song in the 70s along those lines...

I can feel them piddling in the air in delight.... Oh Lord

Mines the one with the kick ass drum solo in the pocket.

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FAIL

Re: Careful, you could get sued

... well ish!! Recorded in late 70s but not released until 1981.

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Anonymous Coward

Does beg the question of why would you bother if you are so clearly anti-Apple. Aversion therapy?

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Sliding down the slope to obsolescence

Those that can: do.

Those that can't: sue.

2007 called, they want their chunky rounded corners back. Come on Apple, give us something that gets us excited again

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Anonymous Coward

Re: Sliding down the slope to obsolescence

"Come on Apple, give us something that gets us excited again"

You did it once in the 80's and again in 2007. Don't let it take decades to wow your fans.

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Anonymous Coward

Re: Sliding down the slope to obsolescence

Those that can: do

Those that can't: copy

Those that did it first: sue

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Return on Law fees?

Just wondering how soon the 'ostrich head' will be pulled out of the sand to see how effective these law actions are now.

Just asking like.

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Working business model

Unfortunately, with a billion $ judgment in their pocket, Apples lawyers are here to stay.

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Anonymous Coward

Re: Working business model

Pay up Samsung and let's move on.

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Anonymous Coward

This whole Apple vs Samsung thing is the battle - the war is iOS vs Android (as I don't see Blackberry or even WinPho getting much traction). Samsung will almost certainly lose their top Android spot in the next year or two as they have nothing unique and their margins get eroded - patent fights with Apple and expensive (but pointless to most viewers) TV ads are expensive.

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Apple should learn from history

By the time Microsoft were found guilty, the competition no longer existed and so effectively they got away with it. Now it looks like Samsung can drag this out long enough to nullify any damage that losing might have caused them. The moral of the story is that if you can afford enough lawyers then you can sail as close to the wind as you like.

Since this has been fairly obvious for quite a while now, we have to assume that the congress-critters are also aware and don't have a problem with it. It's the system. It wouldn't be my choice, but I don't live there so I'm not going to shove my penchant for rule of law down anyone's throat.

Apple should work with it, not against it. They should just start nicking other people's stuff and wave lawyers at them if they get stroppy. Perhaps they could patent it as a business model.

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"Apple should work with it, not against it. They should just start nicking other people's stuff and wave lawyers at them if they get stroppy. Perhaps they could patent it as a business model."

I think they already have a patent on that business model, epsecially where mobile devices are concerned.

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Facepalm

If only they applied for this in Texas...

See title...

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