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  • Apple Pushes for Anti-Cloning Provision as Part of Any Patent Settlement with Samsung


    Apple is requiring that any patent settlement negotiations with Samsung include a provision that blocks the South Korean tech giant from cloning its designs, a provision that was also key to the deal that Apple forged with HTC in November 2012. For those of you who didn’t remember both Apple and Samsung are gearing up for a second US patent lawsuit that is set to begin March 31. Both the tech giants were requested by the court to at least attempt to reach a settlement before that date.

    According to Florian Mueller of FOSS Patents, a primary barrier to reaching the deal may be the Cupertino California company’s stipulation that it include an anti-cloning provision. Mueller wrote the following regarding the matter:

    Samsung may hate the notion of an anti-cloning provision; it's definitely at odds with the strategy that enabled Samsung to become the global market leader in smartphones.
    Previously, Apple’s Chief Intellectual Property Counsel B.J. Watrous stated in a sworn declaration to the US District Court of the Northern District of California that Apple’s "discussions with Samsung have consistently included limits to both the scope of any license and a prohibition against cloning Apple products." The company continued by writing that Samsung’s contradictory assertion to the court in a opposition filing wasn’t true, stating the following:

    Samsung incorrectly claims that Apple made recent offers to Samsung without anti-cloning provisions. Every offer Apple made to Samsung has included limits to both the scope of any license and a prohibition against cloning Apple products.
    Samsung may potentially face an embarrassing stipulation that it must stop “slavishly” copying Apple and more importantly, Apple’s efforts to clarify that it has no interest in granting Samsung, a full unrestricted license to use in its technologies all play a role in the factors into the company’s prospects of winning injunctive relief against Samsung. Even after winning its first patent case against Samsung, Apple was denied a permanent sales injunction against Samsung’s infringing product by Judge Lucy Koh in December of 2012. Her decision was appealed by Apple to the Federal Circuit, which indicated that Koh’s decision overreached in support of Samsung.

    We’ll have to see what happens going forward as Apple hopes to push its case for a sales ban of Samsung’s products found to infringe its iPhone patents last winter and expand injunction based on a second volley of patents it is defending in this year’s trials.

    Source: FOSS Patents via AppleInsider
    This article was originally published in forum thread: Apple Pushes for Anti-Cloning Provision as Part of Any Patent Settlement with Samsung started by Akshay Masand View original post
    Comments 6 Comments
    1. WHUDS's Avatar
      WHUDS -
      Can some one tell me which samsung phone uses ios and has access to Apples app store? Apple truly believes they invented everything. I had a palm treo that had color touch screen years before 1st Iphone
    1. Norb's Avatar
      Norb -
      Quote Originally Posted by WHUDS View Post
      Can some one tell me which samsung phone uses ios and has access to Apples app store? Apple truly believes they invented everything. I had a palm treo that had color touch screen years before 1st Iphone
      If you can't see any "inspiration" in Samsung's products, you have more to worry about than other companies legal problems.
    1. WHUDS's Avatar
      WHUDS -
      Quote Originally Posted by Norb View Post
      If you can't see any "inspiration" in Samsung's products, you have more to worry about then other companies legal problem problems.
      Hmm cars have 4 wheels and at times hard to tell one brand from another,
      The clam shell cell phone also was made by many manufactures. Apple just picks on another company and has paid lawyers a lot of money to convince a court that it is unfair that Samsung has made a phone that may look similar but
      it uses: different os, different hardware, different except "The look". I have never felt Apple had a good point on this and in the end if you buy a samsung your buying Android not IOS and it does not work as well as Apple ( in the past)
    1. Norb's Avatar
      Norb -
      Quote Originally Posted by WHUDS View Post
      Hmm cars have 4 wheels and at times hard to tell one brand from another,
      The clam shell cell phone also was made by many manufactures. Apple just picks on another company and has paid lawyers a lot of money to convince a court that it is unfair that Samsung has made a phone that may look similar but
      it uses: different os, different hardware, different except "The look". I have never felt Apple had a good point on this and in the end if you buy a samsung your buying Android not IOS and it does not work as well as Apple ( in the past)
      There are plenty of companies that were able to be big boys and come up with their own design not only for the physical appearance but for the software appearance. Samsung is the only one that went out of their way to make even their skin more iPhone-like. What was wrong with the stock android skin? Not iPhone enough?

      Anyways, I've wasted countless hours in the past arguing with samesung fanboys... I will waste not more.
    1. Feanor64's Avatar
      Feanor64 -
      Ok so if apple releases an Iwatch then they are cloning a galaxy gear? If they come out with a tv then they will get sued? I can't tell the difference between a samsung tv or a sony the only thing that is different is the logo. OH MY GOD!!! This is so stupid man. Apple needs to get over theirselves. I'll make my own hammer and all the companies who make hammers can sue me? Why don't companies sue each other over bicycles? Huffy vs mongoose! Why don't companies sue each other over printer paper! HEY THAT PAPER IS WHITE AND ITS THE SAME DAM SIZE OH HEck naw!!! This is so retarded man it's crazy. Both companies should be Ashamed of themselves and work out some kinda deal like men instead of whiny babies.
    1. Norb's Avatar
      Norb -
      This is hilarious, I wonder if all the pro-samesung guys are the ones that got through high school copying off of the smart kid.