Why isn’t Samsung talking about their victory over Apple?

June 5, 2013

    Samsung Logo aa 5 1600

    Yesterday, we told you about the breaking news of Samsung’s court win against Apple. That case, in which the US International Trade Commission ruled Apple violated a Samsung patent, resulted in a sales and import ban of some Apple devices. None of those devices are current, but another interesting thing has come of the case: Samsung hasn’t said a word about it.

    As the two tech magnates sue each other across the globe, in any court that will have them, we are left to ponder why Samsung isn’t responding to this victory. A sign of regret, or perhaps peace on the horizon? Unlikely, as Apple seems to enjoy litigation, and Samsung has made it clear they have no intent on making peace with the Cupertino-based company any time soon.

    What happened?

    We are disappointed that the Commission has overturned an earlier ruling, and we plan to appeal.
    Kristin Huguet, Apple spokesperson

    We’ll make this snappy; Apple was hit with a temporary sales ban on devices for violating a Samsung patent. That patent, number 7,706,384 or “apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system”, had been argued by Apple to be “standards essential”. The sales ban only affects older Apple devices available through AT&T.

    Samsung Logo 645px

    Perception

    Samsung is seen as a bully by many, a multinational tech behemoth running roughshod over the competition. They also famously raised the price of the processors they sold Apple after the $1 billion decision against them, a polarizing decision at best. They dominate the tech landscape, have become nearly ubiquitous with Android, and dumped about $10 billion into marketing the Galaxy S4. They are, undoubtedly, a force.

    To boast about a small victory would strengthen that divide in opinion Samsung is very aware of. Already seen as overbearing by some, announcing victory on the battlefield would be poor form. To proclaim your superiority at this stage in the game only increases Apple sentiment, and vitriol toward Samsung. While feelings don’t win court cases, they do influence consumers.

    Big picture

    Let’s put this decision into perspective: it’s one ruling, on older devices, which needs a presidential veto to be overturned, and will be appealed by Apple. Where is the win, here? This is like the delivery pizza guy arriving late, with a cold pie. The devices in question, iPhone 3 through 4S and iPod 2 3G, are antiquated. Aside from the 4S, which will be dated soon enough (and can be had for a dollar on contract), none of the rest matter.

    Is a presidential veto likely? No, but an appeal is definite. Apple has voiced their displeasure in the ruling, and promising to challenge the decision. Apple spokesperson Kristin Huguet said “We are disappointed that the Commission has overturned an earlier ruling, and we plan to appeal.” Samsung might be making strides in their worldwide litigation against Apple, but this is a small decision in their favor that promises to drag out like the rest.

    US DOJ vs Apple

    Now what?

    Though Apple sees the technology as “standards essential”, meaning it’s technology that is widely used and should be considered under FRAND guidelines for licensing, they have since moved away from the technology which violated this patent. Their cat-and-mouse game may be catching up with them.

    Apple also has other issues. They’re about to lock horns with the US Department of Justice over a very damning case of eBook price fixing. That case, which is ripe with Apple work product showing collusion to manipulate the eBook market, is not going to be pretty. Samsung may present a headache, but the US government is another issue altogether.

    Samsung really has no reason to gloat. This is a case which has no bearing on current products, and is an ancillary concern for both parties. The Apple appeal is de rigueur for them, so the victory is hollow for Samsung. Samsung’s legal team is crafty, so they’ll let the US DOJ set the precedent for Apple business practises, not this case.

    Comments

    • PacoBell

      What, no mention of how the White House’s newly aggressive stance against patent trolling impacts their posture towards tech giants like Apple? I expect more insight from Android Authority.

      • Peter Frazier

        what impacts would those polices set forth by the white house have? I’m not in the know and curious?

        Also, why can they not include a “you sue, you lose, you pay defense fee’s”? this alone would have more effect against the trolls sense most of the time the $$ asked for is less then the cost of going to trial, making it an easy choice.

        I’m no expert and probably not thinking that through to the end and missing something obvious.

        your thoughts?

      • Joshua Hill

        The analysis I’ve read said it’s going to have absolutely no effect on the Apple, Samsung cases or other similar patent disputes. Maybe that’s why Android Authority didn’t mention it.

      • flamencoguy

        tit for tat. Not for trolling

    • Androidftw

      Samsung is not saying anything bc they are better than those iJerks

      • Anthonydotcom

        Yeah, don’t you remember that one time when Apple made the iPhone look just like the original Galaxy S1? Oh no wait, it was the other way around. My bad.

        • Joshua Hill

          What’s that got to do with the price of fish???

        • nishantsirohi123

          two words
          LG Prada

        • Trent Richards
          • D B

            This “copying” crap. It is a damn phone. It has a screen, a speaker, some buttons and a camera on the front. That is just the way smartphones look. That is not what Apple or LG or Samsung invented. It is just the most logic layout for the front of a smartphone.

            • On a Clear Day

              In the world of lawyers and boardrooms “truth” is always a relative term – relative to what they think they can get away with force feeding or tricking the public into swallowing or get a judge – who hasn’t a clue – to agree with.

              No one with common sense would suggest that anyone was “copying” anything in the case of the iPhone or the iPad, but it allowed Apple to appear wronged and have a reason to sue.

              Apple will ultimately find itself relegated to the dung heap of vicious entities that thought they had a divine right to inflict and use perfectly civil functions of society – like law suits – in an uncivil fashion for totally selfish reasons. Good riddance it will be when that day comes.

        • Spetto

          Nope, but uhmm.. What’s a “Galaxy S1″? Do you mean the “Galaxy S”? Baah baah, iSheep

      • SeraZR™

        Android>>>>>>iOS

        Always will be. Period.

        • On a Clear Day

          If any company has a reputation for being a bully it is Apple – throughout their entire history they have been sue happy – regardless of whether the law suit is rational or not.

          They were of course happy to jump on the anti-trust bandwagon against Microsoft when Microsoft had their problems with the government. Now apparently, they are going to get a little taste of that medicine themselves for their price fixing efforts with the e-books.

          Couldn’t happen to a nicer bunch of folks.

          • Nathan Cox

            In fairness, Apple was a dick company well before Jobs was no long with them. Visionary or not, he started the dick trend of bullshit patent lawsuits.

    • http://www.KamilGPhotography.com/ KamilG

      Look at it this way: Apple spoke about winning a lawsuit against an “identical” but substantially cheaper phone. That’s free advertising for Samsung and it paid off big time. Why would Samsung make the same mistake.

    • FrillArtist

      I hope Samsung sues those f**kers out of existence.

      • Anthonydotcom

        i’m only curious to know why? Without Apple, we’d still be using blackberry’s, or Windows Mobile 6.85.

        • Nasko Hristov

          Are you driving Ford, because he/example/ invented the car

          • Me

            Ford did not invent the car, Ford made the car cheap and quick… getting them out there to allot of people. Benz, of Mercedes Benz… invented the car. Apple did not invent the touchscreen rectangular smartphone… they took Ford’s approach. Biggest difference… Ford Motor Company isn’t trying to sue every other competitor!

            • Overlord

              Coz their cars are one of the shittiest lol

            • Nasko Hristov

              Still, doesn’t mean that we should buy iPhone.

        • John Mortimer

          Sorry to say but nokia n95 was a very good phone, just not sold in the us due to no 3g

        • Trent Richards

          Incorrect. Android started development in 2003, a year before they started development of iOS and the iPhone in 2004. We would still have Android in all it’s glory without Apple. Furthermore the LG Prada was released before the iPhone as well. The reason that touchscreen smartphones leaped forward in the mid 2000s is the the cost of manufacturing capacitive touchscreens finally became affordable for the consumer market. Previously manufacturers had to rely on resistive touchscreens which generally require a stylus to work well(look at older windows phones and palm trios). The market was going to make the shift to better touchscreen smartphones with or without Apple.

          • D4N

            No, there is just no way that the market would’ve adopted touch based phones as fast as it did without the iPhone. Saying otherwise is just empty fanboy talk.

            You’ll realize when you mature enough that cheering for any company and being a fanboy is foolish.

            • Trent Richards

              Feel free to add some facts when you are trying to make a point. All I see are opinions and an insult to my maturity. Insulting strangers on the Internet because you disagree with them is so very mature.

            • D4N

              The iPhones wiki article sums it up quite nicely. Also, you have no sources of your own except that capacitive touchscreens became cheaper, do feel free to link me to any article that states that the iPhone had no impact on the industry at all.

              Oh and what I wrote was that the adoption of these kinds of phones wouldn’t have been anywhere near as fast without the iPhone, I did not write that it wouldn’t have happened eventually.

            • alexjzim

              You’re both right and wrong. Keep in mind that although Apple was a successful company pre-iphone (arguably from the iPod line), it was no where close to the supernational corporation we know today. Now, because the iPhone launched under the “i” branding, it was a huge marketing success. At the time, music was one of if not the most important features in a mobile device. Another was gaming (more on that later). “iPod” was synonymous with that of a top-quality mp3 player. Whether the iphone came with a capacitive wheel, like the ipod, or a resistive screen, like competing windows phones, it would have still sold well, carried by the “i” branding. Now thats not saying that Apple didnt do things right the way they launched the phone. They nailed the capacitive screen, size, multitouch, fluidity, etc. It did wonders for them, but saying that they’re the only ones who could have done this is incorrect. Apple had a solid brand going (again, iPod) that consumers viewed as top notch, and they successfully timed a phone launch, within that brand. That launch was mainly what pushed apple into the extremely huge corp we know today. It wasn’t the other way around. The iPhone didnt succeed because of Apple. Apple succeeded because of the iPhone.

              Now with that all being said, Apple wasn’t the only company with an established brand. Take Microsoft and the Xbox. The Xbox 360 launched 2 years prior to the iphone, and was one of the most purchased and loved consoles of all time (preference aside, the sales numbers speak). In a pre-iPhone universe, Microsoft could have easily launched the xPhone, centered around gaming, and also have been just as successful as the iPhone, centered around music. Even further, nintendo, already the top player in portable gaming, could have easily came out with a phone under the gameboy brand, which would have sold like hot cakes.

              And then theres android. Google didn’t have any established brands other than like, gmail; and android didn’t have any brands (like galaxy) for a while either. Because of this, Android started off slow. But it was innovative, cheaper, and was the go to if you didnt wan’t the iphone, or it was on a different provider. Android gained success, by being the cant-have-iphone smartphone. It didnt break away from this until the launch of the OG Droid. And after the first few galaxy devices, android finally had a major brand to carry it forward. If the iphone hadn’t launched though, googles vision of mobile computing would have been more similar to RIMs. Despite being in production for longer than the iphone, Android 1.0 at launch, was nothing like android from 2003. http://www.gottabemobile.com/2011/09/17/how-the-iphone-and-ipad-changed-android-and-tablet-pcs/.

              So in conclusion/tldr;

              Apple was not the only company who could have successfully launched a smartphone for the masses, and the touchscreen technology, although beneficial, was not the main reason for the devices success.

              An android universe without a competing smartphone platform would not have been that happy of a place either.

              And btw, this is coming from an Android user, since the launch of the first android device, the htc dream. I dont have any apple products aside from the ipod classic. I give apple a lot of credit though, and can see why people prefer them to other brands. They’re just not for me.

      • EDDIMUNDO

        you and id bought. their shares keeps dropping, very soon there will be nothing to put an apple logo on

    • MartkG111

      “Why isn’t Samsung talking about their victory over Apple?”

      Because that is a pathetic trait of American companies like Apple and Microsoft. Asian companies like Samsung, Sony and the like just concentrate on making the best products available.

      • Apple_Nexus

        You mean copying the best products available! Come on they even ripped off the packaging and charging connector. The reason they’re not shouting about it is because they sued Apple for using industry standard tech that they even offered to pay to use.

        Samsung are not the saints you think they are.

        • pixo

          “Come on they even ripped off the packaging…”
          A box. Wow.

          “… and charging connector.”
          huh?

        • Jonathab Gaspar

          Ripping the charging connector?.. please.. it’s an international standard.. fool.

        • Joshua Hill

          The fact that Apple used a different 3g implementation in iPhone 4S and 5. The fact that this patent was not declared “standards essential” tends to contradict your point.

          It is NOT ‘industry standard tech’.

        • nishantsirohi123

          industry standard

          rectangular shape is industry standard.

          micro USB port is a standard charging connector across all devices
          unlike the proprietary lightning connector which forces you to either buy an adapter or buy new accessories

          • EDDIMUNDO

            lightning is owned and invented by intel, but apple markets it as a technology that they invented. the lightning controller is built into intel processor, but apple say that it is their own custom chip.

        • anthonyakl

          well,is apple the saints like you think??

        • Steven Anderson

          to be fair, apple clearly invented rectangles, they have the patent to prove it. so these boxes, being rectangular in shape are clearly a patent violation.
          some ppl dont get that when u r the company to popularize something on a global scale, like apple did with the iphone, that u get the benefit of starting a huge fan base that can easily become invested in ur ecosystem, not the right to stop aaaaalll other companies from competing with u.
          apple gets huuuuuuge props for what they did with the iphone, but they have been slippin a bit for a while no, hopefully they will do some big things soon. u shudnt get caught up in this “ppl copying other ppl”, in tech it is inevitable, notice how laptops and tvs and a basically all other tech products look the same? its because that design is what the majority like, u shud be happy that the design u like is seen on hundreds of different products, it allows u to pick something that is best suited to u, maybe u like the design of an iphone but dont like the OS, great u got lots of other options to choose from, and all at a lower price than if these imitation is not allowed.
          As a consumer, this is the single best thing for u so embrace it

          • flamencoguy

            You’re joking or being sarcastic right? Apple invented rectangles?
            Tables,dollar bills, books, monitors, TVs etc are rectangular.
            This shape was probably invented by a caveman who drew a rectangle on a cave wall. Apple had the gall to patent that?
            Do they not have any better innovation to patent?
            Well the others I have read about aren’t much better.
            Thank God some have been invalidated.

            • Steven Anderson

              c’mon man, I didnt think that anybody could possibly read that and think i was being serious. I’m familiar with rectangles mate, but i love the fact that u felt the need to list a few off just in case i wasnt. But thats exactly my point, how u can not only file a patent, but have it accepted and then stand up in court, for having a rectangular device, with equally curved corners at the top and bottom is beside me

            • nishantsirohi123

              you mad bro

            • Craig HouseMusic Earnest

              That phrase is so over used.

          • monchis

            Thank you for making my night “Apple clearly invented rectangles” I really lol

        • Spetto

          Dude.. You just went full retard

          • ToVine

            NEVER go full retard…

      • Anthonydotcom

        I wouldn’t exactly say that Sony has been making the best product available. They must have missed that memo. ;)

        • ToVine

          You have seen the Xperia Z and tablet Z devices, right?
          I’d say they are still pretty much in the game with those…

          Not to mention their A/V business with displays and projectors, and sound systems, and the PlayStation division and[list goes on...]

      • D4N

        They concentrate on making a profit, not awesome products. You should not cheer for any company. They are out to get as much money from you as possible for as low a price as possible.

        • Idiot

          What the fuck isn’t in life?? We are all trying to create more value!!

      • MCMXCVI

        Well said :)

    • Anthonydotcom

      What I don’t get is why people here would be defending Samsung. As if they’re some innocent company that didn’t do anything wrong. This whole thing started because Samsung decided to make the Galaxy S1 (which I used to have) look as much as possible as the iPhone 3g. They failed mind you, but side by side the similarities were hard to miss.

      Maybe Apple and Samsung will sue each other out of existence and HTC and Nokia will take over as the new smartphone kings.

      • my2cents

        I think for the general population reading, it’s like Apple built something wonderful, and Samsung came along and tried to do similar with Android and after some iterations, made something more popular.
        They added some features that Apple couldn’t do with iOS, and was enjoying some success. With the litigation, people’s perception here is, “Apple is suing because they can’t out-innovate, it is a dirty tactic”. Truth or myth, perception is a powerful thing.
        Fact is, Samsung outsells Apple globally with phones that no longer resemble the iPhone. Samsung is trying their hands with many new software improvements to their version of Android while the last perceived improvement to iPhone5 was another row of icons. (I know it’s a sweeping statement here, but it is my initial perception, and perception is a powerful thing).
        My two cents here is: Sure Sammy took the design, but they added new stuff. Bad Sammy. Can Apple do the same, why not? I’m sure Sammy wasn’t going to say, “Apple copied the ideas I copied off Apple”. Perception here is, Apple is trying to prevent cheaper, “better” stuff from reaching the consumer, and that isn’t cool.

      • Joshua Hill

        People are not defending Samsung they are correcting people (OK some of them are just poking) who are misrepresenting the facts in this case and others to suit their arguments.

      • Joshua Hill

        You mentioned trade dress of iPhone and galaxy s1 previously which I’ve already pointed out is irrelevant to the topic. BUT that is a patent that Samsung showed had prior usage and shouldn’t have been granted yet Samsung were still ordered to pay damages in a U.S.A. court because of it. The U.S.A. patent system and courts are useless.

        It appears to me you are either uninformed on the issues or biased.

        • Micro Shaquer

          “The U.S.A. patent system and courts are useless”. Shall I add to say that the jury’s mind was/were corrupted with the huge c$$$ from Apple.

          • Joshua Hill

            Most definitely. Judges, juries, lawyers, the legal system, politicians, a democracy run by minority groups, the media coverage of events are all part of the problem.

      • blusasuke

        Personally i think the people that say the Captivate looks like the iPhone are blind. The one that DOES look similar might be the Galaxy S international version since it does have round corners and a physical home button. The captivate on the other hand has sharp corners and capacitive touch buttons on the front with a physical button lacking.

      • Anthony Walker

        It’s not about defending Samsung. Some of the patents Apple is using against Samsung is just plain ridiculous.and should have never been issued in the first place. That’s what I object to. It makes Apple look petty.

    • scouser73

      I think that Samsung don’t need to rub Apple’s nose into the dirt, although they clearly are in the position to do so.

      They’re the better company, Apple wants to be for all the “Cool kids”, well cool kids are nothing but obnoxious & whining little brats, Samsung are mature and responsible.

      Tim Cook, take notice of how a company presents itself.

    • Mike Bastable

      Another stupid article from the ever reliable Nate. I think it is time to leave Android Authority for smarter waters, look at these comments>? does anyone here really listen, read or even think about issues>? it is all knee jerk Samsung good, others bad reactions, with a smattering of braincells (who post actual thoughts on the issue) and are flamed down as fanboys etc.
      Nate have you lloed at the Samsung legal team> it’s members? it’s avowed strategy? NO.
      Do you understand the DOJ case is actually less about Apple but about the Publishers relationship with Amazon, and that being the biggest Apple is NOT settling this out of court (like smaller plaintiffs) so as to set precedents and actually sort the ebook publishing platform out and lessen Amazon’s vice like hold on thier Industry?
      Is their an Editor on Android Authority who reads or checks this stuff before u publish it?
      The way this site has devolved recently is very sad, Joeseph Hindy remains the only decent contributor who actually writes, reads the comments and defends interacts with readers.
      Time to move on. The usual suspects feel free to flame insult and do your thang below

    • redbaronmia

      This whole Article is Pro Apple, IF I remember right, Apple is the big Bully here they started this whole suing thing, I mean its insane they buy,flash memory, Screens, and all kind of parts from Samsung, and turns around suing the android camp, Apple is the big bully here, they also copy the notification from Android, and they will copy the widgets in the new IOS, I can get on and on, everyone should read from other sources, This article is a pro Apple, Apple just want to monopolize the smartphone, as long as you have a touch screen is theirs.

    • redbaronmia

      To be Fair Samsung is not copying but re-inventing, “Steve Jobs: Good artist copy great artists” Apples founder, Copy the whole personal computer tech from Xerox back in the Day, They did the same thing with Apple iphone, everyone knows iphone because it was mass marketed, even ipad there products before it, So Samsung its not doing anything wrong, they are just repainting a paint and making it better.

      BTY, I own a Xperia Z

      • AppleDivorcee

        All true. But Xerox copied Englebart (who died 2 weeks ago) who didn’t mind one bit. In 1965 he invented and named almost everything, the mouse, icons, teleconferencing, the internet, collaborative use of PCs etc..This Stanford true genius inspired all others through what has since been called the mother of all demos, something you can see here http://youtu.be/yJDv-zdhzMY

        Jobs like to be the first out of the gate and was also a genius, a much much narrower kind: he could as a guru corral millions of narcissitic followers who were proud to appear as smarter, more creative and richer than the rest of us. In time, most of these customers escape the walled garden as they become more cost and value conscious. The true loyal followers contribute to the hagiography of Saint Stevens, blessed in their ignorance and scorned by the ‘normal’ dudes I seem to meet on this comment page.

        I tell the iSheeps: You want a real hero? View the entire 1968 DEMO by Doug Engelbart and his team, . It will drop your jaw by several inches. Happily, it might even modify your entire personality for the coming years.

    • samdroid

      samsung is just being real cool, like their customers. more and more i hear kids talking about wanting a bigger screen phone. it is just matter of time before crapple goes down.

    • STK10

      Its funny how apple sue due to the common shape of their device and icon shapes and win then have a whine when an actual piece of tech is used without permission. LOL only slightly hypocritical.

    • cristiano7

      Let’s all buy Sony phones then

    • flamencoguy

      “What Happened” is the old adage what goes around comes around.
      Your “Perception” about Samsung being a bully is plain wrong. With respect to Apple it is the other way around. Apple is the bully. They have shown this time and again with a multitude of lawsuits in Germany, Netherlands, UK, Australia, Japan and South Korea. The lawsuits called for bans on competing products. Apple succeeded initially in many of the lawsuits. But lately they have lost a few in Europe.

      Apple will not give this up even if they lose a few. They are the instigator and have been relentlessly pursuing Samsung, HTC and Motorola. So what are these companies supposed to do? Fight back right with their own lawsuits? And that’s what they have done. You have to see the whole picture that spans continents and years. The patents that Apple are claiming infringement on are a joke. This patent is way more substantial than “slide to unlock”, “scroll bounce”, “pinch to zoom”, “tap to zoom” variety. Really you don’t see “The Big Picture”

      “Now What” do you say?

    • Anthony Simpson

      what!he is kidding,right? samsung a bully! Apple is a bully,we all know that.

    • chanman

      “feelings don’t win court cases”. LOL okay.

    • Steph Golman

      That’s very interesting to know as a person who likes Samsung, they are playing the game right and they are using their intelligence a lot. Samsung really shows that it is the one winning the competition with many great models like note II and galaxy s4. While we see that all apple is doing is creating the same phone over and over again with some small modifications.

      Interesting facts.

    • APai

      apparently they knew it long back. now that uncle scam struck with a presidential veto, it all falls into place.

    • Dax47

      CRapple is the bully, not Samsung.
      crappel is afraid of the competition, doesn`t want them around, `cause the iDiots may awake and won`t buy aifons anymore.

    • fredphoesh

      Let’s all not forget for one second that Samsung behaved like greedy disgusting pigs in trying to discredit HTC. What a bunch of wankers. They are 1000 times bigger and yet try to punch a struggling company in the face. BOOOOO Samsung. @MartkG111 it has nothing at all to do with american vs asian… that is a racist and stupid comment.

    • Karsus

      Apple won a case saying that their designers had come up with an amazing look. Samsung has actually been doing real work. Samsung not making a fuss is likely just as much an issue that they are primarily a tech company and don’t run on Apple’s childish feelings.

    • John Miller

      All of the blind fanboyism for both sides here is really pissing me off. Samsung and Apple have each had their victories and innovations. If you were to say Samsung > Apple or vice versa, you’d have to write an entire book to justify it. Just because your peers agree with you doesn’t mean it’s right. Do some research for once, and open your eyes. Your side isn’t ALWAYS right!

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