back to article Apple 'offered Samsung $30-per-mobe' patent licence truce

Apple offered Samsung a patent licensing deal at $30 per smartphone after warning the South Koreans they were infringing its fruity designs, a court heard. One of the iToy maker's witnesses revealed the snubbed settlement in public on Friday when he mentioned it during the companies' patent trial. Samsung stands accused of …

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        1. Anonymous Coward
          Anonymous Coward

          Re: $30, well that's fair and reasonable...

          Try substituting "your reference" for "you reference".

          Characters randomly disappear if you type fast enough, so a missing character is common. Mea culpa, but had you engaged your brain for a nano second you might have made the correct reading. Feel free to disagree though.

      1. Anonymous Coward
        Anonymous Coward

        @ Philip Lewis

        "2.25% of the retail price .... for a single patent" and "... there are a large number of 2.25% patents in a single device"

        Are you sure about that?

        My recollection is that Samsung offered *all* the disputed patents for a *single* payment of 2.25% on each device.

        1. Philip Lewis

          Re: @ Philip Lewis

          You may be correct on that detail, and I need to read up on it again.

          It is however the notion of FRAND licence fixing based on a retail price for a specific licensee's (Apple) products, which is going to end with Samsung and Moto being in the poo.

          There are other patent holders in the 3G pool, so if Samsung slip this through it is open season for the rest of the pool to start pricing on retail prices, which would in turn derail the whole FRAND model of standards patent licensing - which IMHO would be a bad thing. Moto have tried a different, but similar tactic. It is never going to fly.

      2. Anonymous Coward
        Anonymous Coward

        @Philip Lewis

        So, where is your evidence that Samsung would ask for a percentage of the price of the whole plane if they used 3G? Would you not think they would ask for the percentage of the unit that delivers the 3G signal. It's not like a hotel would be asked for a percentage of the price of the hotel if they built a 3G repeater into the building when it was built, would it?

        Maybe you think it is a valid argument to suggest that Apple paying a FRAND fee for using the tech to build their phone is wrong as it may cost Boeing lots of money? Doesn't hold water really.

        Apple also have a choice to use 3G or not. It is highly desirable but not essential - their early phones didn't use it. But it is desirable for sure - about as desirable as making a phone that is rectangular, with a bevel and rounded corners - i.e. the only way it is practical to make a slab phone. But, because that is not covered by FRAND then they are allowed to run an extort money out of people?

        Still doesn't make sense does it?

        So we have Samsung asking for $12 (2.4%) per phone for their tech and Apple asking for $30 for their, highly prior-arted design. Both of which are necessary for a modern smartphone.

        There was an option for Apple - which the other large phone manufacturers all choose to take - cross licence. It works, yeah might be a bit socialist and all, but hell it makes good sense. Everyone gets to get on with making better tech, the consumers of all manufacturers win out, there are no lengthy court case, injunctions and public bitching. Everyone's a winner, even Apple with their patents that are, quite frankly, crap (please try and argue that they aren't, please)

        But Apple decide they want to cross licence and charge $24 per phone - not exactly fair and in the spirit of things is it? Especially as they want this for devices that aren't even covered by their patents.

        However, Mr Lewis head back over to FOSSpatents and grab your next argument off Florain's shelf - I'm sure it'll be a corker.

        1. Philip Lewis
          Mushroom

          Re: @Philip Lewis

          I don't need evidence, but Samsung do.

          1: The Samsung patents in question are 3G standards required FRAND encumbered patents. This is not in dispute, it is an established fact.

          2: Samsung contends that a fair and reasonable non discriminatory price for their patents is 2.x% of the retail price of the salable unit in which they are used. In this case, an iPhone. If this is incorrect, please direct me to the original source of this widely repeated piece of information.

          3: No evidence has turned up in the courtroom that any of the other 3G manufacturers are paying licence fees for the FRAND patents in question based on the unit selling price of their products (direct me to this evidence if I am in error).

          4: In the absence of the existence of the evidence mentioned in 3 above, the licensing being asked of Apple by Samsung is ipso facto discriminatory, something expressly forbidden by the FRAND agreements.

          5: The courts are unlikely to allow discriminatory pricing in the FRAND arena as it would be logical nonsense, resulting in "discrimnatory fair, reasonable and non-discriminatory" pricing.

          6: Were the courts to allow "end unit sales price" licence fixation, my admittedly bizarre example would become perfectly logical. Boeing make aircraft. A 747-8 costs 350 million plus change. My example would be the logical consequence of the courts allowing "end unit sales price" as a basis for FRAND patent licensing. I do not need evidence for Samsung's intent in order for my argument to be sound.

          It's a Pandora's box and the courts are unlikely to open it.

          I cannot deal with the rest of your post at this time. Your post is not really coherent, and therefore time consuming and ultimately unrewarding to deconstruct.

          I should add though, that I have never read an original Florian Müller post anywhere, though I have seen him quoted, disparaged and personally attacked all over the technical forums of the internet. I have no opinion of him, his qualifications or his posts, and none of my posts have any direct or indirect relationship with anything he might have written. Your attempted "idiot by association" play is flawed.

          Let the downvotes begin ...

    1. Tom 38

      Re: $30, well that's fair and reasonable...

      I think you are intentionally missing the point. The patents that Samsung wanted 2.5% per patent for are patents that Samsung must license on fair and reasonable terms, as part of their membership of the 3G patent pool. Apple are contending that these are not FRAND terms, and they won't pay non FRAND terms.

      The 'patents' that Apple wanted Samsung to license covered the device and UI. Apple are under no obligation with these patents to offer them on fair and reasonable terms. Samsung cannot content that the terms are not FRAND, so they must contend that the patents aren't valid.

      Samsung are on shaky ground here, as not licensing FRAND patents in a FRAND manner is a big no-no. Even if they get all of Apple's design and UI patents thrown out, they still going to get one for pulling that shit.

      1. Anonymous Coward
        Anonymous Coward

        Re: $30, well that's fair and reasonable...

        Isn't it the court's job to determine whether Samsung was infinging FRAND/non-FRAND or whether Apple was imitating SCO & SB's "linux is infringing 235 of our patents"

  1. Arctic fox
    Headmaster

    Given that in smartphone space Android was and is the only significant rival to iOS.........

    ..........then Apple's "offer" was in effect a demand that Samsung get out of the smartphone business. If Apple wins this one against Samsung, the most heavyweight of the Android OEMs, then they will simply repeat the same tactic against all the rest. If we did need any more evidence that Cupertino want to use the current appalling state of patent law to ensure that they basically own mobile tech space then we need look no further than this offer.*

    *Another point that occurs is that the cross-licensing deals that MS has been signing with world+wife+dog may have additional reasons than solely their fairly obvious desire to take a bite out of Google's lunch. It is entirely possible that they are also concerned that the degree of hubris now evident in Cupertino's behaviour may lead to attempts to attack OEMs making Win 8 tablets - one possible reason for collecting as much IP as possible.

    1. Mark .

      Re: Given that in smartphone space Android was and is the only significant rival to iOS.........

      Just to be pedantic on your title, note it wasn't the only significant rival - check out the sales: http://en.wikipedia.org/wiki/Smartphone#Historical_sales_figures

      Symbian was #1 until 2011 (when it was overtaken by Android, *not* Iphone), and other platforms like Blackberry were significant rivals.

      Although yes, from Samsung's point of view, telling them they couldn't use Android wouldn't leave them much choice. Although I suspect that Apple would be making demands whatever OS they used on their flagship (and someone else comments that Apple have gone after their WP phones too).

      1. Arctic fox
        Thumb Up

        @Mark: Good points.

        See title.

        AF.

    2. Psyx
      Paris Hilton

      Re: Given that in smartphone space Android was and is the only significant rival to iOS.........

      "..........then Apple's "offer" was in effect a demand that Samsung get out of the smartphone business. "

      More akin to blackmail, but at an unreasonably high cost.

      Like someone asking me for a cool million or they'll leak those pics of Paris and I.*

      *If only.

      1. Anonymous Coward
        Anonymous Coward

        Re: Given that in smartphone space Android was and is the only significant rival to iOS.........

        I think of more like a suggestion that they employ their own design team.

        ... and something about reaping what you sow.

  2. Silverburn

    FRAND?

    $30 per handset is pretty steep, even if the assumption are that it's for a "full licence pack".

    Aren't most FRAND prices way cheaper than this? Are Apple therefore saying there are no FRAND patents in their "pack"?

    Or are they just taking the piss? Oh wait, no, don't answer that.

    1. hexx

      Re: FRAND?

      no, these are no SEP and don't need to be offered on FRAND conditions

    2. chrisf1

      Re: FRAND?

      FRAND only definitively means the same deal should be on offer to everyone (non-discrimination). IPR only has to be offered on FRAND if there is a prior commitment to do so - normally as part of a contribution to a standards process.

      The 'fair and reasonable' part is ultimately up to a court challenge as it is not defined. So they may well be there anyway.

    3. Schultz

      "full licence pack"

      License a million black rectangles and you get 25 rounded corners for free. Buy while the offer lasts!

  3. This post has been deleted by its author

  4. vic 4

    Apples innovation is more than I thought

    Page 25 "Since even the feature phones rely on apple innovations, e.g. java processors and the smart phones relies on Modern OS"

    So not only do they claim they innovated rounded corners, now they adding java, cpus and operating systems to their list. Hope this is a poor translation.

    1. Anonymous Coward
      Anonymous Coward

      Re: Apples innovation is more than I thought

      Apple created the Sun and Moon and the Stars!

    2. Mark .

      Re: Apples innovation is more than I thought

      Indeed, talk about revisionist history.

      Feature phones always have been smartphones by any sensible objective definition - "feature" vs "smart" is simply a marketing term, usually to distinguish vaguely between low and high cost.

      Apple released a dumb phone in 2007 (couldn't run apps), but marketed it as a smartphone. Now they've got fanatics (including much of the media) believing that they invented smartphones and software ("apps"). Now they have the cheek to suggest that feature phones - also commonly available since around 2004-2005 - made use of Apple's inventions.

      Perhaps Apple invented the time machine too, it would be the only way to actually explain this.

      1. Anonymous Coward
        Anonymous Coward

        Re: Apples innovation is more than I thought

        You anti-Apple people are just as bad as the rabid Apple fanbois.

        I don't recall Apple ever having claimed to have "invented" the smartphone, or many of the products they sell.

        They do claim at the bottom of all their press releases that they "re-invented" the mobile phone, and have said similar things about other product categories they have entered (music players, tablet computers etc.). Most companies are constantly "re-inventing" and trying to come up with better ways of doing the things these devices do.

        Apple just has an uncanny knack of taking something already existing and drastically overhauling many user-orientated aspects and physical design to the extent that other companies suddenly feel they should've been doing it that way all along, and popularising it with the general consumers in the process.

        Yes, there were MP3 Players before the iPod, tablet computers before the iPad and smartphones before the iPhone, but everyone here must see that Apple's re-inventions have re-defined what people expect such devices to be like.

        1. Ammaross Danan
          WTF?

          Re: Apples innovation is more than I thought

          "but everyone here must see that Apple's re-inventions have re-defined what people expect such devices to be like."

          Nope. All the Apple walled-garden people bought each iDevice that was released (a phone in this case) regardless of how groundbreaking (or not) it was, and then used /that/ as the "definition" of what people should expect, be it better or worse than alternatives out at the time. I could hold the torch of an Acer laptop up as the pinnacle of invention, but that doesn't make it true.

          1. Anonymous Coward
            Anonymous Coward

            Re: Apples innovation is more than I thought

            Why do the Apple h8ters always bring up the old chestnut that Apple iPhone users "bought each iDevice that was released"?

            It cannot possibly be true. I don't know even 1 person that has had every model of the iPhone. May daughter went from a 2G (first edition) to a 4S, but that was only because someone half inched the 2G phone and the 4S is what is in the market now. Me, I am still on my 3GS, the 1 and only iPhone I have ever owned. And I don't see me upgrading any time soon. Some people change gadgets like they change underwear, but they are a trivial minority.

            I conjecture, that the Apple h8ters who constantly claim "bought each iDevice that was released... blah blah blah" are themselves of the variety of induhvidual for whom new gadgetry is an imperative, and that they are thus unable to "see" that the large majority of the population of the planet are in fact somewhat different. YMMV.

        2. Mark .

          Re: Apples innovation is more than I thought

          I didn't say that Apple claimed they invented smartphones (though to be fair, I can see my wording might have been misread that way), I said that's what fanatics believe. I didn't mean to imply that this was due to Apple - just that it's a rather state of affairs anyway.

          "Apple just has an uncanny knack of taking something already existing and drastically overhauling many user-orientated aspects and physical design to the extent that other companies suddenly feel they should've been doing it that way all along, and popularising it with the general consumers in the process."

          Just like many other multinational companies do too.

          "Yes, there were MP3 Players before the iPod, tablet computers before the iPad and smartphones before the iPhone, but everyone here must see that Apple's re-inventions have re-defined what people expect such devices to be like."

          What - rectangular with rounded corners?

          Again, the same can be said of any of the companies in these markets. There's no reason to focus on Apple, nor is any of your Apple advertising relevant to anything I said in my comment. Companies like Nokia, Google, Samsung, Sandisk, Asus, Microsoft, ARM, NVIDIA and Intel have redefined what people expect devices to be like, and have done so for far larger numbers of customers. But that doesn't mean I can get away with claiming MS invented computers or Samsung invented phones.

          Iphone is just a brandname for a product family, same with Ipod and Ipad. Same with Galaxy. I love my Samsung Galaxy, which has sold in the hundreds of millions and revolutionised smartphones, but so what.

          Apple are like the kid in the family that comes 3rd in the egg and spoon race at school. For some reason people like you give them endless praise, as if that was special or anything different to what many other multinationals are doing. And anyone who disagrees, or is tired of hearing it, is branded "anti-"Apple. (And I like how you say "rabid Apple fanbois" as if referring to other people, then go into a big speech about the wonders of that one company, even though no one requested it.)

          1. Anonymous Coward
            Anonymous Coward

            Re: Apples innovation is more than I thought

            Do you know how many times and for how much INTEL has been successfully sued for intellectual property violations? I suggest you look it up before you hold INTEL up as some shining beacon of "goodness"

            Dweeb

          2. Anonymous Coward
            Anonymous Coward

            Re: Apples innovation is more than I thought

            "Iphone is just a brandname for a product family, same with Ipod and Ipad. Same with Galaxy. I love my Samsung Galaxy, which has sold in the hundreds of millions and revolutionised smartphones, but so what."

            Wow, I bet those sales figures comes as great news for the Samsung CFO

            1. Mark .

              Re: Apples innovation is more than I thought

              I don't have Samsung's exact figures to hand, though at 50m in the last quarter alone (compared to Apple's 25m), I'm not sure what you find surprising about my comment.

              1. This post has been deleted by its author

              2. Anonymous Coward
                Anonymous Coward

                Re: Apples innovation is more than I thought

                So your claiming quarterly figures in a cyclical market characterised by substantial volume swings directly connected with product release cycles reflect something useful and can be extrapolated to "100s of millions"? In this specific case immediately after a major product launch by Samsung versus immediately prior to a product launch by Apple. Hmmm ... a journalist on The Register Channel was soundly spanked by the forum posters for a similarly broken analysis.

                Sarcasm aside, your claim is also that the "galaxy brand" meaning all Galaxy branded devices has sold over 100s of millions of units. I don't know actually, I am not sure anyone lumps devices in a market group by their name alone, so it would be unsurprising that actual numbers are hard to come by.

                Apply for your job on Wall Street now, an analyst position is awaiting you and your profound understanding of markets.

                1. Mark .

                  Re: Apples innovation is more than I thought

                  The quarter before that it was 40m, and around 30m the quarter before that. So that's already over 100m. And Samsung have been making smartphones for years.

                  Yes, the Galaxy brand is arbitrary, as is "Iphone", so it would be better to compare on something concrete, like the sales from each company as a whole. And Samsung's performance is excellent. Sorry, what's your point? It seems like a hit a sore spot when I pointed out that Samsung sell hundreds of millions, I'm not sure what your point is here.

                  "I am not sure anyone lumps devices in a market group by their name alone,"

                  The media do it all the time for "Iphone".

                  "In this specific case immediately after a major product launch by Samsung versus immediately prior to a product launch by Apple."

                  Q2 figures were April to June. And there's still no sign of the mythical Iphone 5 in Q3 - so "immediately prior" isn't true. This vaporware product has been rumoured for well over a year now. Also the Samsung Galaxy S3 was only released towards the end of Q2. And if Apple's excuse is that a new product release *6 months away* is causing low sales, then that's a problem for them. Samsung have no trouble - their sales hold up all year round. In Q1, just one quarter before their S3 release, they still sold 40 million smartphones - yet your excuse for Apple's 25m is there's a new release two quarters away? And you have the cheek to question my analysis of markets?

                  1. Anonymous Coward
                    Anonymous Coward

                    Re: Apples innovation is more than I thought

                    Not in order ...

                    1: Apple is on a yearly release cycle more or less, and have been since they entered the market. Samsung for their Galaxy phone range are, I think on a similar cycle. (I really cannot be arsed looking up all the release dates). YoY comparisons are the only valid metric, sorry. Choose any 4 consecutive quarters that include 1 major release from both manufacturers and limit yourself to devices in the same market. Apple doesn't consider an iPad a competitor to an iPhone. I doubt Samsung consider the Galaxy Tab a competitor to their SIII either, and neither should you.

                    2: "I don't know actually" is pretty clear. The rest of my statement is true anyway. Your notion that "the press" lumping all iPhones together is the equivalent of lumping galaxy branded devices (galaxy phones, galaxy notes and galaxy tabs - is that all of them?) together is specious. Using this argument one could lump all iPods and variants, iPads, iPhones together in one lump and compare them to all the Samsung Galaxy branded devices combined. I know some enlightened wonder did that to prove some point, but few if any serious analysts have done so.

                    3: Apple released the 4S. For reasons only they know they decided a "speed bump" was enough. I suspect Apple were waiting for some technology to mature enough to use in a new version, sufficient to warrant the "5" moniker. I don't think Apple are too worried about 4S sales or what rabid fan-boy journalists invent in all the free time they have between Apple product releases.

                    4: I am in no way voicing "Apple's excuse", seriously, they very definitely do not need one.

                    5: I was basically calling BS on your 100s of millions comment. "I love my Samsung Galaxy, which has sold in the hundreds of millions and revolutionised smartphones," which I took to mean "hundreds of millions of Galaxy smartphones", you may have intended something else, but it's hard to read it otherwise.

                    Samsung sell a lot of BADA phones, and Android phones which aren't Galaxy phones, so they don't count. I am willing to be swayed by independent references, but "100s of millions means" >= 200,000,000 Galaxy phones

          3. Anonymous Coward
            Anonymous Coward

            Re: Apples innovation is more than I thought

            "There's no reason to focus on Apple"

            " I like how you say "rabid Apple fanbois" as if referring to other people, then go into a big speech about the wonders of that one company, even though no one requested it."

            The WHOLE ARTICLE is about Apple you ignoramus. That's why my reply focussed on Apple. DUH!

            You're the one suggesting Apple are claiming they invented things they've never claimed to invent. And I didn't praise Apple's "re-inventions" at all - I simply said they've redefined what consumers expect. (Again,

            referring to Apple specifically - not the other companies who also do it - 'cos the article is about them).

            You might want to consider learning to read what people write before replying. It's an useful skill to have, and avoids making you look like an idiot when you quote and reply to things that were not said.

  5. Parax
    Facepalm

    Apple offered Samsung a patent licensing deal

    And so is this where the copy claim falls apart?? so if it's licenceable patented tech, then it's a patent infringement NOT a copy? unless your patents wont stand up and you know it, and hence are unwilling to claim infringement. Surely then this licensing evidence does not affect the original claims?

  6. Anonymous Coward
    Anonymous Coward

    Considering Microsoft were asking for a relatively modest $5-$10 per handset, Apple can go fornicate themselves with a proprietary screw-bit.

    1. Anonymous Coward
      Anonymous Coward

      Yeah I'll sell you something no-one wants for very little.

  7. ukgnome
    Facepalm

    "Because Samsung is a strategic supplier to Apple, we are prepared to offer a royalty-bearing licence for this category of device.”

    Who needs who more I wonder?

    Best of luck to Apple in finding a new strategic partner that can produce that high quality of screens.

    1. jaduncan

      They're trying to move to Sharp.

    2. Anonymous Coward
      Anonymous Coward

      Most of the Apple's screens are already NOT made by Samsung.

    3. Anonymous Coward
      Anonymous Coward

      Every piece can be sourced somewhere else

      ... watch this space, and your wish will be answered.

      Samsung was privy to confidential information about the Apple devices. I cannot see that happening much after the current supply contracts expire.

  8. The Bit Wrangler
    Mushroom

    What?!

    What, precisely, did Apple patent? They appear to be claiming ownership of Processors (every phone has had one for a very long time), Graphical User Interface (I'm not sure there's been a phone that didn't have one, again, for a long time), Graphics (oh, f*** off), Apps (not seen any Symbian phones then?), Touch (no, there were no touch screens before the iPhone... <that was sarcasm in case you missed it>), Music (again, every phone I've owned since the 80's), Video (see Graphics), Gaming (see Apps).

    The problem here is that it's in a US court and it's a US company vs a (fairly evil, let's face it) Korean company so it's likely to get a favourable hearing. If this gets through it will make any other phones very difficult to market in the US (since Apple will just wave their "we own computing" judgment and sue competitors off their patch).

    I'm not surprised Samsung refused to pay the "licence", I'm surprised they didn't report Apple for racketeering!

    1. Anonymous Coward
      Anonymous Coward

      Re: What?!

      No, Apple are not claiming broad ownership of any of the things you list. Your frothing at the mouth seems to be affecting your ability to read and digest.

      Apple, just like many other tech companies have patented specific functions, actions and methods WITHIN those broad topics.

      Yes, there were TOUCH screen phones before the iPhone, but how many CAPACITIVE MULTI-TOUCH screen phones were there before the iPhone launched in 2007? Zero. And how many now?

      1. Mark .

        Re: What?!

        Who had the first phone with Wifi? With 3rd party apps? With an operating system? With 3G? With GPS? With maps? With sat-nav? With video calling? With voice recognition? With a web browser? With email? With multitasking? With a touchscreen? With a camera? With a video camera?

        I find it interesting that you remember the one thing that Apple did first, and portray it as the be-all-and-end-all of phones. Yet I bet you don't have a clue on who was first with a wide range of features that are standard in phones today, including your beloved Iphone.

        (And if you're going to tediously come back and say "But the Iphone popularised those things", please look up the actual sales figures of platforms, before showing yourself up.)

        1. Anonymous Coward
          Anonymous Coward

          Re: What?!

          If the poster was from the US, to his US centric view it might appear so. The fact that Nokia had a very small market share in the US, while at the same time being bigger than Android+Apple combined globally, probably passed him by. The US is a very insular in many respects.

      2. David Ward 1

        Re: What?!

        "how many CAPACITIVE MULTI-TOUCH screen phones were there before the iPhone launched in 2007? Zero." In early 2005 one become part of a scanner interface for operating theatres, it also had an optional capacitive Z-mode allowing it to work without actually touching it. Apple "acquired" the technology from the two companies involved and did what they do best and marketed it to the ignorant masses in a shiny package.

        1. Anonymous Coward
          Anonymous Coward

          Re: What?!

          Since when was a "a scanner interface for operating theatres" a mobile phone?

          Another idiot who needs to learn how to read... Geez

      3. Will Godfrey Silver badge
        Unhappy

        Re: What?!

        There is nothing 'innovative' about capacitive touch sensing. It's been around in various forms for decades. Similarly there is nothing clever about multi-touch. As soon as you have X/Y recognition it is boringly obvious that you can matrix this. FFS I invented a guessing game as a kid that relied on matrixed drawing pins and a buzzer - that was around 1960.

        Once the technology was available it was equally obvious to anyone with any technical ability at all that touch screens would become pretty much standard fare. Apple didn't even do it first, they just did it a bit more prettily than some others (although that's a matter of opinion).

        Finally, don't get hung up on CAPACITIVE touch, it's actually pretty crap. There is a far better and greatly more reliable method slowly appearing in industrial stuff.

        1. Anonymous Coward
          Anonymous Coward

          Re: What?!

          Another person who reads what they want to read, rather than what has been written.

          "There is nothing 'innovative' about capacitive touch sensing."

          Did anyone here say there is?

          "Similarly there is nothing clever about multi-touch."

          Where's the person stating otherwise?

          " touch screens would become pretty much standard fare. Apple didn't even do it first"

          Again, nobody is claiming they did do touch screens first.

          "Finally, don't get hung up on CAPACITIVE touch, it's actually pretty crap. There is a far better and greatly more reliable method slowly appearing in industrial stuff."

          Nobody here seems to be getting hung up on capacitive touch, except you. However, this now "slowly appearing" better tech in "industrial stuff" is totally irrelevant to the tech available 5 years ago, when capacitive touch was the best, most cost effective solution for the newest mobile phones at the time.

  9. Steve Todd

    I see the resident Fandroids wouldn't recognise a negotiating position

    If it stepped up and hit them over the head with a brick.

    Samsung were free to make a counter offer and negotiate a price that they could live with rather than drag the case to court. They think that they can get away with the copying that they have done (their own internal documentation says that they've been copying, the jury will decide if its too much) so they chose not to negotiate.

    The important question is what Apple would have been prepared to come down to, as $30 per phone is roughly what they are asking for in damages.

    1. Big_Ted
      Facepalm

      Re: I see the resident Fandroids wouldn't recognise a negotiating position

      Totally back to front.....

      Apple dragged Samsung to court, Samsung counter sued because Apple still arn't paying for Samsungs frand patents.

      The inportant question is how anyone in their right mind would pay Apple without it going to court over something so rediculous when compared to the asking price......

      Then again its what I would expect from a Fanbois biased post.

      1. Steve Todd

        Sorry, where did I say otherwise?

        Apple offered Samsung a licensing deal, Samsung ignored it/wouldn't negotiate so they got sued. We can all agree on that?

        Samsung's own internal docs show they were copying the iPhone. The question before the jury is were they copying too closely or not. Apple say they were, Samsung are betting they aren't. If they lose they may have to pay more than Apple's opening offer. What we don't know is the price Apple were prepared to come down to.

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