back to article Apple wants sales ban on Samsung smartphones nobody is selling

Flush from recent courtroom victories, Apple is once again requesting a ban on sales of more than 20 Samsung smartphones in the US – even though none of the products in question are being sold anymore. Bloomberg reports that Cupertino has filed a new motion in the US District Court of San Jose, California, asking it to block …

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  1. td97402

    Galaxy S II was being sold by Virgin Mobile in the U.S. through HSN recently.

    1. Rampant Spaniel

      Quite a few regional carriers sell the s2 as well. It's cheap and for ghetto pcs or mvno operations it's a good choice.

  2. Bob Vistakin
    Facepalm

    You're banning it wrong

    The idea is to ban phones actually being sold. With round corners.

    1. Anonymous Coward
      Anonymous Coward

      Re: You're banning it wrong

      You not a bit tired of trumping that out again and again? It's hardly just about round corners and I'd imagine the judge understands that. Oh let me guess - perhaps he's holding it wrong - or crApple or ??

      1. Anonymous Coward
        Anonymous Coward

        Re: You're banning it wrong

        It's all turned into a gigantic bore.

        We all had phones which were rectangles with rounded corners when Apple was dying on it's feet, and they had to get Steve back to save them. We've all seen the slide of the Sony phone they copied.

        I can't see why anyone would bother posting anything about this entire farce that wasn't as much of a boring repetition, as all this pathetic Apple legal fucking around is.

        1. Philip Lewis

          Re: You're banning it wrong

          "We've all seen the slide of the Sony phone they copied."

          I guess I will have to debunk this stupid urban legend again.

          a) Apple did not copy a Sony design

          b) Apple employed a former Sony designer and paid him to do a mock up using Sony design hints

          c) Sony had nothing to do with the "Jony" phone

          Geddit?

          1. Anonymous Coward
            Anonymous Coward

            Re: You're banning it wrong

            @ Philip Lewis

            If you're going to try and deny the truth, you should get Apple to issue take down notices to all those sites which clearly show how the Sony design was copied by Apple.

            http://www.phonearena.com/news/Samsung-claims-Apples-iPhone-was-based-on-a-Sony-design-concept-floated-in-2006_id32687

            1. Philip Lewis

              Re: You're banning it wrong

              "Right after this article was circulated internally, Apple industrial designer Shin Nishibori was directed to prepare a “Sony-like” design for an Apple phone and then had CAD drawings and a three-dimensional model prepared. Eliminating any doubt about the origin of the *design‘s inspiration*, Apple‘s internal CAD drawings had the "Sony" name prominently emblazoned on the phone design, as the below images from Apple‘s internal documents show... "

              Nishibori (employed by Apple) created a design based on Sony's design philosophy, and he even stuck the Sony name on it because, well, he was designing a phone as if Sony were making one.

              Apple did not steal anything from Sony, and what I wrote is correct.

              Comprehension failure.

              1. Anonymous Coward
                Anonymous Coward

                Re: You're banning it wrong

                Apple did not steal anything from Sony, and what I wrote is correct.

                I never said they stole anything. I pointed out that they'd copied Sony's design(s).

                According to Apple, this was desgned in the style of a Sony Phone... it says it right there on that page.

                http://www.phonearena.com/news/Samsung-claims-Apples-iPhone-was-based-on-a-Sony-design-concept-floated-in-2006_id32687

                Look at how georgeous those rounded corners are... and the flat back, it's so cool man... and what clever placement of the brand logo, dontcha think? Not to mention the ideal placement of the camera lens... how clever is that, putting it in the top corner like that, so you can easily hold it in landscape as well as portrait... and button(s) on the side at just the right level to be handy when the phone is in use... all in the style of Sony.

                1. Philip Lewis
                  Headmaster

                  Re: You're banning it wrong

                  "I never said they stole anything. I pointed out that they'd copied Sony's design(s).

                  According to Apple, this was desgned (sic) in the style of a Sony Phone... it says it right there on that page."

                  You really need to learn to speak English.

                  Lesson 1:

                  "desgned (sic) in the style of a Sony Phone" != "they'd copied Sony's design(s)"

                  These things are not the same. You incorrectly conflate them and then your argument is senseless.

        2. Dave K

          Re: You're banning it wrong

          Apple products currently leave a nasty taste in my mouth*, to such a level that I find it morally wrong to buy one at the moment. Apple's incessant suing of everyone over tiny, petty and pointless details - especially when they didn't invent most of them themselves anyway - is really starting to grate - and that's before you even get to the walled-off App store and Apple's anti-competitive rules for app publising etc.

          My stance was similar for several years with Sony over their dreadful attitude over the Rootkit scandal some time back, Ubisoft over their awfully invasive DRM, EA over their cannibalism and destruction of small gaming studios - just in case someone thinks I'm just anti-Apple.

          As it is, I know from talking to friends that I'm not the only one who feels this way. Apple have to ultimately realise that constant legal action over petty details makes them look like a sad, desparate, petty and moaning company. Suing over bigger technical infringements is fair enough, but when they're suing Samsung over the little rubber band effect, or HTC over "slide to unlock", it just gets ridiculous.

          Apple: Please grow up, or else this will end up costing you even more sales as punters become increasingly sick of your attitude to competition.

          * Now that really IS holding it wrong!

      2. VinceH
        Trollface

        Re: You're banning it wrong

        "You not a bit tired of trumping that out again and again? It's hardly just about round corners and I'd imagine the judge understands that. Oh let me guess - perhaps he's holding it wrong - or crApple or ??"

        You're getting fed up with it wrong.

      3. g e

        Re: You're banning it wrong

        No less tired than apple trumping the same old shit out over and over.

        If the corner's round enough cap fits...

        I notice it was Anonymous Coward Apple Cultist posting again

    2. Rampant Spaniel

      Re: You're banning it wrong

      The s2 is still being sold quite a lot, just through mvno's and regional carriers. It's cheap and has a huge amount of aftermarket trinkets for it, plus it isn't all that bad specification wise. I think El reg has mistaken it not being sold directly by tier one cell networks for it not being sold at all.

  3. Richard Jones 1
    Unhappy

    Does Apple Make anything useful

    OK if you need to spend all your time looking at some crap plastic, then Apple are wonderful, sadly it is useless for those who need to do something except stare at useless plastic.

    No wonder this fruit bat lot give me the pip.

    I want something that meets my needs, not something that is of no damned use at all. I have simply not got the time to spend looking at a rubbish 'design icons' that have no functional of value to me. How can we get rid of their rubbish and get beck to phones that deliver useful PHONE functions? I do not want to listen to the damned wounded bulls, I want hands free calling and answering in a package devoid of rubbish sod the damned touchy feely screens for which I do not have free hands..

    1. Anonymous Coward
      Anonymous Coward

      Re: Does Apple Make anything useful

      I buy Apple as it meets MY needs - I don't need to tinker with it's internals (as probably 99% of people do not - or should I say should not NEED to) but like the better security, better support, it being well made and work well. I've owned Android devices and quite honestly unless your primary concern is cost they come second and even that is questionable as Apple have better resale / trade-in value / last longer - so if you look at TCO rather than initial purchase price they are probably about the same.

      1. M Gale

        Re: Does Apple Make anything useful

        as Apple have better resale / trade-in value / last longer

        You can shoot a fucking big hole through this argument by visiting just about any second hand shop or mazuma-type website, and looking at the price you'll get and the price you'll pay for an iThing versus any droid thing that isn't cheap shit.

      2. Andy

        Re: Does Apple Make anything useful

        i used to be like you and had nothing good to think about android but eventually i decided to take a new look at android. my change from apple to android had nothing really to do with cost as such, it was more to numerous things..

        1. screen size.. i got sick of the tiny screen apple thinks i want.. i was really hoping apple would offer a larger screen on the 5s as i was due an upgrade just before its release but alas they chose to stick to one size with no choice..

        2. memory.. i want to be able to increase the amount i have without having to a.have to purchase a new device b.take out a second mortgage just to get it.. i can now just slip in a cheap memory card and away i go..

        3. if i want to install software manually i dont want to have to jailbreak to do it.. i want to be able to tick a box that says i understand the risk and i want to go ahead anyway..

        4. customization. i want my phone the way i want it not the way apple thinks i want it... if i want a different font, different theme, different launcher etc i can do it.. then there is the really annoying issue with stock apps apple force me to see on my screen that i dont use and dont want to have displayed. android doesnt force to me to have anything on my workspace i can customise to my hearts content, i can even have the same app icon in multiple places if i want.

        5. itunes... omg how i loath this app... i dont want to have to duplicate my music on my laptop.. i already use XBMC on my media pc so its centralised for everyone in the house. so all i want to do is copy some music to my phone. now i just plug in my phone using a standard cable (not some overpriced apple product) and copy the same as i do on my pc. job done!

        i went for the samsung galaxy s4 as for me it ticked all the boxes, build quality is superb and if the battery ever dies i know i can just pop the back off easily and replace it.. no grumbling my battery life is getting worse as the product gets older.

        i will never go back to apple iphone unless they can meet the above criteria. i think hell would freeze before it happens..

        1. Anonymous Coward
          Anonymous Coward

          Re: Does Apple Make anything useful

          Andy, find the shift key on your keyboard and people will take you far more seriously. Unless you are in fact eight years old.

  4. PaulR79

    Apple utility patents?

    What exactly is a utility patent and what utility patent are Apple claiming has been infringed? If it's anywhere near as ludicrous as the rest then it's just .... I'll stop myself there or I'll be here all night.

    1. frank ly

      Re: Apple utility patents?

      It's a patent that is of great utility in court cases against competitors.

      1. Arctic fox
        Joke

        @frank ly "It's a patent that is........"

        Indeed, if you go into iOS under "tools and utilities" you'll find the app for it there along with the telephone number of their legal advisors "Sue, Grabbit and Run, Attorneys At Law".

        1. Wade Burchette

          Re: @frank ly "It's a patent that is........"

          Funny, I just checked on my iPad and the law office it gave me was Dewey, Cheatum & Howe.

          1. Anonymous Coward
            Anonymous Coward

            Re: @frank ly "It's a patent that is........"

            And for Samsung, the solicitors are Godwater, Norfall, Ripov and Cheete.

    2. jonathanb Silver badge

      Re: Apple utility patents?

      A utility patent is a patent on an invention that actually does something, as opposed to a design patent which protects the distinctive look of a product, such as the three stripes on Adidas products, or allegedly the rounded corners on an iPhone.

  5. sorry, what?
    Unhappy

    sigh

  6. Tom 7

    Its getting beyond an obsession for them now.

    Its turning into full time displacement activity.

  7. Adam 1

    Sorry Mr Cook, this is not necessary. If their current or future phones infringe your patents, you can get the court to hear it at that time. This is a waste of time because even if you are right, there would be noimpact.

  8. Phil O'Sophical Silver badge
    Thumb Down

    "colorably different"?

    colorably? Apple are even inventing their own words now so they can sue people? It's getting more Through The Looking Glass every day

    1. g e

      Re: "colorably different"?

      I think Samsung should get the word disbefudgingly into their copy and then claim it's whatever they want to mean based upon context.

      e.g. The new iphone 5sg+ (when it comes out after the 5sg) will be disbefudgingly similar to Samsung's proprietary [insert thingy here] and therefore we should be allowed to get stabby with Tim Cook

      Of course, what's allowed for a US country under the country's legal protectorate ain't necessarily gonna wash for Johnny Foreigner

  9. Anonymous Coward
    Anonymous Coward

    Image and marketing

    So, Apple makes the Samsung phones outlaw doesn't that then give Samsung the persona of the 'rebel' the phone the 'man' doesn't want you to have?

    Also, maybe it's time for Apple to resuscitate their 'look and feel' suit against Microsoft. Seems it never too late to beat the dead horse that's bolted the barn.

  10. Only me!
    Boffin

    R & D

    For gods sake .…. If Apple put in half the effort and money in to R&D they might be able to release a phone that blows the competition away.....same goes for Samsung.

    Give it a rest, stop paying the lawyers, employ some more R&D people who might actually do some useful work. Release the new phones.…..then I will pay for the one that meets my needs.

    Simples

    1. Anonymous Coward
      Anonymous Coward

      Re: R & D

      That's the problem. Since Jobs shuffled off they have become a very ordinary company.

      They're buying up companies left right and centre just like Google are.

      Google recently won an award for a robot, but given they'd bought that company a few weeks before it's hardly likely Google had any input, but all the media said "Google robot wins award", so it was mission accomplished.

      You don't need to innovate, just be seen to be innovating.

      1. Tom 7

        Re: R & D

        Another approach used by one company is to Employ, Entertain and Exasperate. They buy up companies to prevent them competing and employ talented people to prevent them working for other companies while having no idea what to do usefully with them - just so long as they dont get stuck in the wheels of the bosses office chair or otherwise cause them to 'manage' in a competitive world.

    2. Rampant Spaniel

      Re: R & D

      Amen to that. Throw the 13bn sammy are going to spend on marketing at R&D and they won't need to advertise in the first place. The note 3 is great but I'm not sure how much better a phone needs to be, a mild spec bump won't see me buying a note 4.

      The legal and marketing budgets might just make a difference!

  11. Crady

    Isn't it just plainly obvious to even the passing user that Apple can't compete with Samsung. The only way they can dominate the US is to ban Samsung. If that happens then you can bet your ass Samsung will pull the rug from under Apple with components they need so badly because everyone else has failed to offer them the shipment quantities and quality Apple need.

  12. Anonymous Coward
    Anonymous Coward

    WTF

    DiIdnt Samsung try to ban some Aople phones and Obama promptly vetoed that proposal ?

    How about it (in reverse now) Obama?

  13. eJ2095

    Xerox should sue then me thinks lol

    Well we all know the history eh

    1. Rampant Spaniel

      Re: Xerox should sue then me thinks lol

      Why? If you know the history you know Xerox have no case. It wasa tragic case of not knowing the value of what you have.

  14. This post has been deleted by its author

    1. Crady

      Re: This looks awfully like

      Simply because Samsung are too diverse for Apple to consider. Do you not realise they make items ranging from batteries to ships?

      The electronics side alone is worth around $174 billion which would wipe out Apples cash reserves.

      The heavy industries is another $8 billion

      They also build cars in conjunction with Renault, can you really envision Apple getting involved with such a diverse range of industries? Apple can only just bring a handful of updates to an already ageing lineup every 12 months.

      Apple fears Samsung and rightly so, Apple has sat and watched them from the sidelines and now the only way they can compete is in-front of a judge.

      1. M Gale

        Re: This looks awfully like

        I think it's more likely that Samsung would buy Apple than the reverse. In fact Samsung could probably buy Apple with the spare change found down the back of the CEO's sofa.

        As already mentioned, Samsung is a gargantuan company. Apple make a few high-margin popular toys, but they really are a minnow in comparison.

      2. Philip Lewis

        Re: This looks awfully like

        There is, and I kid you not, The Samsung Insurance Company of Thailand

  15. Breen Whitman

    apple is the new SCO

    In that, when you have a dying product, your income has to be litigation. I can see apples worry, the S3 is a nicer better phone. And its a model behind yet surpasses the iphone 5.

  16. User4574
    Stop

    Another round of the same pathetic he-said-she-said bullshit all over again, enough already.

    For the technically versed, you already know what device meets your needs and you're going to buy it anyway not giving a fuck what anyone thinks.

    For the rest out there, this battle is won or lost on the simple things, does it work reliably? does it look nice? do my friends like it/have one? is it complicated? etc.

    1. Anonymous Coward
      Anonymous Coward

      you forgot the "it's what my company supplied, so I don't have a choice" method.

  17. ElReg!comments!Pierre
    Pint

    I'm going to be a Samsungite, do I have to choose sides?

    Apparently the Mighty Handbrake gets nervous when I'm alone on my bike for a long trip, so she's handing me her old Sammy*. Does that mean I have to kick Apple users in the nards when I spot one in the street?

    More importantly, will that be a valid defence in court? Waddia mean, "aggravated battery"? He pulled his iPhone on me without provocation!

    Cheers!

    *for the paramedic to call her in case anything happen, I guess, as I can't picture myself dialing her from the freeway...

  18. Mike01Hu

    Bored

    Got this far hoping for something new . . . should've known when I started! Got to be my age!

    Sent from my Samsung . . . oops iThingy

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