In a free market that should be the most punishable offense of all.
How much is that going to cost Apple? How many billions will they be forced to pay in punitive damages?
Will they be banned from making similar claims in the future? Have they lost "karma" so when serving the next "ban kthx plz"-request, they will have to prove their case more thoroughly? Will their existing, similarly baseless claims be re-investigated and maybe denied or withdrawn?
What have we (as people, and as a judicial system) learned from this which means we can punish abuse and avoid having cases like this happen again?
This is after all in the US, and in the US we do not want anything to hinder the free market, right?
For me to support them in practice, execution needs to be delicate. As for in so many other fields, this is the hard part.
If you've ever used a Galaxy Tab, you would know how terrible of a device it is.
The Galaxy Tab 10.1 has been destroyed by this temporary ban. While it's been banned nobody's been developing for it, and there's been no chance for any kind of 'buzz'. Its window has now passed, and it'll likely never really get off the ground.
For one company to be able to do that to another with a spurious ban is ridiculous.
Meanwhile, the Galaxy Tab 2 10.1's successor, which was not affected by the injunction, had been out for a month and a half (it came out early May 2012).
I will stop reading there. The GT sucks, sales ban or not.
Frankly it all has gotten out of hand - after all this is all is a good sport, bloody noses aren't necessary. Samsung should negotiate reasonable royalty, apple should agree. Slap on some disclaimer how "apple" their products are and apple should calm down and refocus on their products - as a leader of the industry. Perhaps look for another strict leader like Steve Jobs was - but with experience in the industry. Tim Cook with maps fiasco frankly didn't impress me at all. See comparision of two apology letters from cook and jobs.
And they should put it all behind.
However apple has been know as a being a brilliant kid with short attention span and tantrums to remember. So I'll make a bit of popcorn and watch on...
However apple has been know as a being a
brilliant kid with short attention span and
tantrums to remember.
ie. if they claimed irreparable harm would occur from the sale of the device, then compensation in samsung's direction should naturally cause them that same 'irreparable' harm that they said was going to occur.
In a hypothetical situation where I clone the iPhone and manage to bring it to market for $1, if I am allowed to do it and it sells X times then it could mean X(big price) losses to iPhone, whereas if I am blocked from selling it then I am only losing X($1) from those lost sales.
Given that the court date was already settled at that point, and it would take several months to go through the appeals court, this was a pretty stupid move on Samsung's lawyer's part, because there was pretty much no hope that the case would be heard, or decided, by the time that the Apple case was done. Plus, since Samsung released the Tab 2 in May(and the Apple lawsuit did not cover that device), they were hardly in a position to argue that the decision was a terrible hardship on them. So it's not like they had much of a reason to even bother appealing, other than to waste billable hours.