It was only yesterday we wrote about Apple’s claims against Samsung in Germany and just as one would expect, the saga continues.
This time it’s Motorola’s turn to go up against the Cupertino giants although, just to break the usual trend, it’s Apple’s turn in the dock. The groundwork for this case was actually laid back in November when Motorola won an injunction against the sale of Apple products in Germany.
In an unexpected twist, a German judge has ruled in Motorola’s favour, granting two permanent injunctions. Motorola has really gone for the jugular on this one too, dealing two major blows to Apple’s products in Germany :
Injunction passed preventing the sale of various iOS products
Apple has already removed the iPhone 3G, iPhone 3GS, iPhone 4, as well as all 3G-enabled iPads from its online store. The iPhone 4s is the only device still available online. All devices are still for sale at retail outlets.
Injunction passed preventing the use of push e-mail services
The Mannheim Regional Court has granted a permanent injunction preventing the use of the iCloud and MobileMe push e-mail services on German devices. Whilst users in Germany will still be able to use e-mail services, there will be no push option. They will need to set their device to check for new e-mail at pre-defined intervals.
I’m ordinarily the first person in line to poke fun at our Apple owning friends however, on this occasion I have to say I take little pleasure in reading about cases like this. There are no real winners as these patent wars rage on and Android users have missed out on features over the years due to similar claims. In cases such as these, Apple may lose on the day but inevitably it’s the consumer who is losing out in the long run.
Hypocrisy is one of the only things we absolutely despise in other people yet staunchly defend in ourselves. That’s the very definition of the word. Of course we can rationalize our own hypocritical behavior because we understand why we’re behaving a certain way.
What does this have to do with fanboyism? Let me tell you about how I became an Android enthusiast (ok, fanboy) and you’ll understand.
Ever since I chose to use IBM compatible PC’s as a youngster, I’ve had an almost irrational feeling of negativity toward Apple as a company. Even back then I understood that the more open PC architecture was more in line with my way of thinking. I wanted to be able to open up my own computer and tinker with it, and the PC platform allowed for that. Apple, on the other hand, owned everything from the hardware to the software to the level of “tinkerability” with its more closed, proprietary system.
This closed system allowed Apple to develop a more highly polished end product since they didn’t have to worry about being compatible with anything other than themselves. From this walled garden arose a symbol of solid usability, security, and style. For many, that’s more than enough. For me, it was too rigid and limited. Tinkerability factor close to zero.
Another day, another failed Apple lawsuit. Samsung’s latest flagship models, the Galaxy Nexus and Galaxy Tab 10.1N, have escaped unscathed after the Munich Regional Court rejected Apple’s bid to block sales of the devices in Germany.
Our good friends from Cupertino seem hell-bent on causing complications for Samsung’s big German sales push. Samsung had already redesigned the original Galaxy Tab 10.1 as the 10.1N as a result of a previous Apple lawsuit.
The patent war really gathered a head of steam in 2011 with Apple as the real driving force behind it. Unfortunately, 2012 seems to be promising more of the same with Apple entangled in court room battles with many of the major Android manufacturers.
Perhaps if Apple spent as much time on innovation as they do trying to sue the competition they might have produced something more imaginative than the underwhelming upgrade that was the iPhone 4s.
And the Apple and Samsung news just continues to flow like water. In recent news the Düsseldorf Higher Regional Court (an appeals court) is sticking to a preliminary injunction against the Galaxy Tab 10.1 and also states that the Galaxy Tab 8.9 may be in jeopardy of violating similar patents. However, unlike the original file claim, the appeals court is basing this conclusion on a violation of a German unfair competition law, Gesetz gegen den unlauteren Wettbewerb, UWG (you’re going to have rely on Google Translate for that one folks). And the lower court’s ruling was based on a “Community Design” which is equivocation to a U.S. design patent. We initially saw the injunction issued in early August of last year where in the following September it was upheld and quickly appealed by Samsung to the Düsseldorf Higher Regional Court. Read more
Samsung is among the most familiar brands around, that’s a gimme. In addition to being more familiar with the general consumer because of its great electronics and gadgets, it has a bit of a niche following too— considering it has some of the most popular devices in the game. Although it is one of the more popular brands among Android users, its brand is not as popular as a certain giant from Cupertino. That’s why Sammy wants to take the next step in its popularity and have consumers become not just intrigued with Samsung products, but it wants to consumers to become passionate fanatics… or even obsessed with the Samsung brand.
Sammy has made it clear of its intentions too. In a recent interview, marketing executive Younghee Lee stresses it is ready to “change people’s attention” because “people are obsessed with Apple”. Sounds ambitious, doesn’t it? Since Samsung has some of the more popular phones around and also has some clever ads to promote its capabilities recently, I’d say Samsung is off to a great start.
It looks like Sammy is ready to unleash an all-out attack for 2012 too. It is scheduled to air a commercial spot during this weekend’s Super Bowl for starters which will likely promote is uber-cool Galaxy Note phone. Don’t forget— Samsung has a sponsorship for this year’s Olympic games as well, so you can expect the brand to launch a major product… and we think we may know what that major product will likely be too. There’s no better 2-week stage to promote a superior device, don’t you think? This will be in addition to the additional barrage of other existing products.
You’ve already been Samsunged. You all ready to become Samsunged and obsessed?
source: Droid Life
As it seemed that almost every week in 2011 there was an announcement for a new Android device, consumers were overwhelmed with the amount of smartphones they had to choose from. While Motorola was the first to grasp this, it appears that other companies are starting to follow suit. HTC has announced that they will be pushing out less phones this year, and pushing out “hero” quality phones. The HTC UK chief Phil Roberson told Mobile Magazine that the manufacturer is going back a strategy that involves releasing a limited amount of high-spec devices this year but will have a focus on second quarter releases. As he put it:
“We have to get back to focusing on what made us great – amazing hardware and a great customer experience. We ended 2011 with far more products than we started out with. We tried to do too much.”
He continued: Read more
Motorola has added the iPhone 4S and iCloud to a legal battle going on in the Sunshine State of Florida. This battle is not a new one but rather just an add on to an existing case already in the system. However this one now adds the iPhone 4S and iCloud to the list of infringements that Motorola claims Apple committed.
Motorola claims six patents have been infringed upon by Apple, Read more
The Apple iPhone has taken over as the smartphone in highest demand in the U.S. According to research firm Kantar Worldpanel Comtech, the latest iPhone model helped Apple beat all phones using Google’s Android platform in the U.S. smartphone market in Q4 2011, according to data presented Wednesday. It states “Apple’s share of the U.S. market doubled from a year ago to 44.9 percent in the October to December period, just beating Google’s Android smartphones, which slipped to 44.8 percent from 50 percent”.
In addition, Kantar believes Apple gained strong momentum and it looks to overtake Android smartphones as the most popular among consumers moving forward. This is demonstrated by Apple phones outselling Android manufacturers such as Sony Ericsson, HTC and Motorola. According to global consumer insight director Dominic Sunnebo:
“Apple has continued its strong sales run in the U.S., UK and Australia over the Christmas period. Overall, Apple sales are now growing at a faster rate than Android across the nine countries we cover”.
Naturally, Kantar’s recent findings don’t come without question. We saw as recently as last week that established research and measurement firm Nielsen highlighted Android not only having the most market share, but it also holding a whopping 16 percent advantage over Apple phones in Q4 2011. It’ll be interesting to see how Kantar came up with its findings and what its methodologies were used for its research.
Kantar also includes some minor information for some of the less popular devices in its report as well. Kantar mentions how the Windows Phone share in all of the nine key markets it measured remained at less than 2 percent, despite the high-profile launch of the Lumia range from Nokia. Sunnebo adds “The Nokia Lumia 800 still needs to be joined by a number of other competitive Windows Phone handsets before we are likely to see the OS (operating system) providing any real challenge to the likes of Apple, Android and BlackBerry”. Guess the consensus among research firms is not many people are interested in Windows Phones just yet.
I’m sure you all may have a lot of questions or comments about Kantar’s findings, I know I do. Be sure to hit the Comments section, sound off and give your 2 cents.
Man, I hate Apple. Did I type that out loud? Sorry about that folks, there’s just something about a company who sues everything with a heartbeat because they’ve produced a slate device in the shape of a rectangle, has a touch screen, a power button and allows you to swipe things. It’s just downright getting annoying now. Well, it’s nice to see that a court in Hague has stuck it to Apple as they denied their request to ban the tab 10.1 in the Netherlands. The folks over at NU.nl have reported that late last year another Dutch court ruled similarly in which the Cupertino boys quickly appealed with the ridiculous notion that Samsung’s Galaxy Tab was too similar to the iPad 2. Today, the Hague court quickly determined that Apple had no leg to stand on here and that the two devices exhibited plenty of differences to compete in the market together. Stay tuned because as you know, the legal battle isn’t over. This is but one patent dispute among many between the two industry giants. However, today, Samsung gets to claim the small but righteous victory. Any thoughts? Feel free to plug away in the comments below.
[via NU.nl by Engadget]
It’s only the first round and already Apple has reportedly burned through $100 million on its legal battle with HTC, and the fact of the matter is, here lately they have had little to show for it. Newsweek’s Dan Lyons notes Apple’s onslaught of lawsuits around the world have yielded precious little while meaningful wins have been few and far between in its ongoing legal battles against Android vendors. Apple did manage a victory last month when the International Trade Commission banned the import of several HTC smartphones it deemed to be infringing on a patent, but HTC responded the same day and said a simple workaround was already set to be rolled out. How do you like them apples? No end in sight yet however, and if it comes down to cash, Apple certainly has the resources and drive to ruin HTC. Hopefully HTC can continue to rectify their disputes quickly and simply.
[via BGR through RealDan]