06
Nov
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In a request to amend its second California lawsuit against Samsung today, Apple asked a judge to the Galaxy Note 10.1 tablet, and Android 4.1 as it appears on the Galaxy Nexus.

At first glance, it may seem like Apple is now drawing in the entire Android operating system into the suit, but really, it's been like this from the beginning. The Galaxy Nexus was accused from the date of filing in this lawsuit of infringing eight Apple software patents, and today is still accused of infringing those 8 even with its update to Android 4.1. The most we can glean from this is that Google apparently didn't take very convincing steps to avoid any of Apple's software patents in Android 4.1. 4.2, given it is an even more minor update, seems even less likely to avoid these patent pitfalls.

wm_IMG_0241

In essence, Apple has said "you updated your software, we still think it infringes." That's really all that happened here. Oh, and Apple was able to add the Note 10.1, which it was unable to previously because it was not yet released in the United States. Not exactly a shocker. There were some other minor modifications to allegations, as well, such as including stylus functionality as an infringing feature on all Samsung devices (as opposed to just the Notes), but it doesn't really open too many new doors to infringement.

via The Verge

David Ruddock
David's phone is an HTC One. He is an avid writer, and enjoys playing devil's advocate in editorials, imparting a legal perspective on tech news, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • http://pctonic.net/ Ashutosh Mishra

    There are no words.

    • http://taq.myopenid.com/ TaQ

      Oh yeah, there are: @!#$@!#$ apple, you pathetic stupid patent trolls who just knows now how to resize your devices and fill lawsuits.

  • http://twitter.com/stifnec Serwen

    Apple is getting desperate...

    • Level380

      Not is getting desperate, *IS* desperate

      • linkedin

        and nothing feels better than chopping a despo apple

      • ramnaresh

        apple knows this is the last ditch attempt....it loses, then its out of the race

        • Clement

          9 million phones in 3 days...yeah clearly out of race.

    • somerless

      with Ive being responsible for iOS, iOS 6+ will start looking prettier, but functionally will be useless

    • singh

      apple microsofted yet again...some idiots learn nothing by experience

    • anywherehome

      it is just baby's anger who knows that is not able to compete or innovate.....simply a crap of mobile industry

  • SeanDavid

    I think Bloomberg is conflating things a bit; if Apple were to go after Jellybean they would need to name Google in the suite. What is probably happening is that they are suing Sammy over Note 2 that runs Jellybean, not sure if they are targeting specific JB features.

    Doesn't make Apple any less of any asshole though.

    • PhilNelwyn

      Not (only?) the Note II, the Galaxy Nexus with vanilla Android.

  • Sorian

    Snoozeville, Let me know when either side finally comes up for air in the patent wars.

  • http://twitter.com/KickingLettuce Kicking Lettuce

    By the time they win Google will be pushing 5.0 out. Thanks for the looong waiting coourt system.

  • Spirit

    This in military terms is called "advancing to the rear" (So much more palatable than "retreat")

    Apple is frantic to do anything to slow the Samsung takeover of their market and stop the Android juggernaut. The little green guy has gone from a dead start to 75% of the global smart phone market in 5 years - this is the stuff that makes CEO's soil their unmentionables... Apple is not unaware of what happens when technology leapfrogs over you - think Xerox, or Polaroid, or Kodak. They are simply trying to buy time.

  • period

    Apple is a piece of crap. They might soon rename to Sn'apple (snapped apple)....bunch of useless idiots

    • QwietStorm

      ....what

      • period

        you heard me...

    • openhein

      snapped apple...nice

  • stridakira

    Surprising Apple has not made a lawsuit against Microsoft and their Windows tablets.

    • Bakaouji

      If WP8 gains any significant market share, you can bet apple will take to the courts.

      • shipe

        No way....apple and MS have cross licensed patents...unable to beat google on its own, apple joined hands with its nemesis, MS

        • pied

          thermonuclear war...my foot! apple should 1st save their ass getting back stabbed by MS once more...

  • squiddy20

    I'm curious as to why Apple has included the stylus functionality to the suit. Was it not Steve Jobs who basically said: "If you need to use a stylus, you've failed"? Why sue for an "inferior"/looked-down-upon feature?

    • wilks

      He also said a 7" tablet would never work, I'd take anything that dude said with a grain of salt.

      • http://profiles.google.com/marcusleejh Marcus Lee

        Make that a mountain of salt.

        Mandatory line: he also said "great artists steal" etc etc...

      • http://twitter.com/Codexx Cody Curry

        Yeah, but we had Apple fans screaming in our ears about how Android would fail and how our hardware was misguided and poorly designed. Small tablets? No room for a middleground. Stylus? Gonna fail like everything else with a stylus did. Larger screens? Won't be able to hold it in your hand.

        But when those things took off, nobody thinks Apple looks bad or that Jobs was wrong. They just shrug their shoulders and move on.

        If people care enough to make a point, they should care enough to react appropriately when they're proven wrong.

        • jimca

          hypocritic fanbois...even if apple develops a brick, they lick its ass....and even if someone else develops a diamond, they don't accept and boo....

        • http://www.facebook.com/toni.flaherty.18 Toni Flaherty

          Well put!

    • anywherehome

      do not search a logic....it is just baby's anger

  • binga

    This is what a useless fanboi posted on Apple products.....

    And Apple's products don't change much from iteration to iteration because they got it right the first time.

    • Gorga Naibaho

      Comedy gold. Zing!

  • DuncanPerkins

    This is completely rediculous. In no way does Jelly Bean on the Galaxy Nexus resemble iOS. Like, even remotely. Apple is a spoiled child, and they need to get taken out back and put out of everyone else's misery.

    • period

      It is not a spoiled child...it is an arrogant hype-creating maniac

  • Eric Lopez

    Notification drop down. Good idea apple. Oh wait.

  • Greyhame

    Apple is sounding like a broken record. Nothing new, just the same old stuff. Matches up well with iOS.

  • Rinkesh621

    Sue Again, Sue Again, I DARE YOU, I DOUBLE DARE YOU Mother****ER, SUE ONE MORE TIME!!!!

  • Tim

    Apple patented the mobile smartphone, in essence, and they want to get paid.

    • impulse101

      My point is proven, these are the type of idiotic statements made by the dwindling apple sheep, lol its funny to see the ignorance

  • Shauna Morgan

    Didn't the patent office revoke these patents recently?

    • spindle

      its a temporary one....final decision will be made soon.....apple is on a trot losing court decisions recently....one more on the way

  • heat361

    They just don't know when to stop

  • TylerChappell

    Well it looks as though Apple continues to be really upset at how inferior its products are to the competition as the consumers are beginning to wake up and realize the same old tired game Apple is playing of releasing mediocre devices with uninspired hardware. Apple just becomes more and more stagnant with every release; both of their own and their competition.

    • period

      and yet there are millions of brainless fanbois who still queue in lines to buy those inferior pieces of shit and brag about them as if they are the next biggest things....

      • mesmorino

        What really baffles me about the queueing up is that not only do these people have more money than sense, they are also apparently too stupid to pre-order. Except that so many people being so dumb at the same time is a statistical improbability, so I wouldn't be surprised if most/some/all of them were incentivised to stand around for hours looking like numptys

      • impulse101

        Its just morons, old people and little girls. Apple users are now a joke and really sad people

  • girl

    steve jobs brought apple up and his ghost will take it down

  • lees

    I forecast that google will trounce apple in 5 years

    • Jon Garrett

      5yrs has passed and Google already has--with Android at least.

      • lees

        I meant Google will beat Apple to be the most valuable firm ever...

        • candice

          dumb fanbois....Jobs said they will go thermonuclear on google, but never he will win the war

    • trickster

      within the next 5 years, the so called thermonuclear war should be over and Apple should be left scratching its head why and how it lost the war

  • chris125

    Wow suing for a stylus function yet all the isheep claim all android tablets suck? Apple is on the ropes and really fearing samsung and android. Google needs to bring the heat and put them in their place

    • price

      75% android share in Q3....time's soon running for apple...they better get into soaps business to save their skin

      • flosserelli

        Apple will never be out of the race completely. But their market share will continue to shrink and their customers will eventually be only those with more money than common sense.

        • Cherokee4Life

          yeah that what they said about RIM too...... oh wait

  • jill

    apple is jealous that iOS is not as cool as JB

    • struggler

      true and its can't copy all the best features of JB, so suing

  • inkinpink

    JB features which iOS copied or plans to copy soon - notifications, NFC, face recognition technology (apple already applied a separate patent after samsung nexus released)...I wonder how Apple hopes to wins this case against JB

  • http://www.halfey.me/ Halfey Halphstein

    Apple will face applecalypse soon...

    • Tallest Skil

      self inflicted one...not until Apple came, suing were heard of in the mobile industry

    • rsdonfy

      These lawsuits against Google is nothing. Thermonuclear war is flaming up the antitrust issue on Google. Hopefully, it will receive the same treatment as Microsoft.

  • sflocal

    I bet Maps will never bring streetview, lest Google will grill their ass

    • Nevi_me

      Proper, plus there are apparently other companies that own similar IP to Street View. If Apple ever takes that path there will be a whole consortium after them.Their mapping efforts are ambitious but inconsistent with the company's strategy of suing left-right and center. A lot of players own mapping patents, and the licensing is quite expensive at times. Guess Apple need a large-scale product to drain cash

  • Suddenly_Newton

    Here's an idea Apple, start using all that suing money for something that will keep customers happy like maybe quit charging us a $100 more for 16GB more Flash memory in the iPads. How long will they keep that lame price point on those things?? Come on, we all know that flash memory is getting cheaper everyday. I'm sorry but Apple really needs to quit this same old crap that their sh*t don't stink and they will get away with anything they want. I really hope the iPad Mini is a flop because Apple priced it poorly compared to competitors and even it's own products. Don't even get me started on all their overpriced adapters you need for anything you're trying to connect to an Apple product. I've had Macs since '95 and I'm starting to lose faith in Apple and it's big head. I'm so tired too hearing about how Apple might not allow this or that in the App Store, come on, really block better options for your customers??? Their new Maps is pretty but it sucks.

  • bungeejumper

    I just switched to android from Apple on everything except my laptop. I just enjoy the variety of hardware and after being a iPhone/ipad user from when they were first introduced (and every version since), I just enjoy the choice of hardware/software. To me the android based stuff just works better - but thats me. Particularly after using my Galaxy Note II running jellybean - no way i would go back to the iPhone. Nexus 7 - same thing just better than my ipad or the mini (which was the first apple product I didn't buy).

    These lawsuits will go on for ever but I think Apple is behind the curve now.

    • Quadra 610

      You're delusional.

      Apple dominates customer satisfaction with all of their products, often by a wide margin, and for years and years now. Every single iPhone andiPad that has ever existed, for example - EVERY SINGLE ONE, has ruled customer satisfaction with an iron fist.

      Just now, Apple was able to sell 3 million iPads in THREE DAYS.

      Happy with Apple gear? No. Consumers aren't just happy. THEY ARE ADDICTED. And they keep wanting more.

      • impulse101

        Yeah, retards who dont know any better, most smart people have jumped apples sinking ship. Only an idiot would pay a premium for redundant inferior products when they can get something much better at a better price. Are you one of the retards? Lmao

        • Cherokee4Life

          your the kind of people i dislike. You think your world view is the only world view.

          Look I am an Android Fanboy like the rest of us, but I can appreciate what Apple brings to the table. To put it simply "Ease of Use" I work in the tech industry, I set people up with new hardware everyday. And for some people its better to use Apple products. It depends on the person. Your not stupid or retarded if you use apple products. For someone that jumped on the iTunes bandwagon years and years ago and they are not into modding and shit, apple products might make more sense. Apple doesn't sell a shit load of computer and phones and tablets ONLY because people are addicted. Believe it or not Apple products are Good products. Let me clarify that the Android OS is superior to iOS with features and functionality and compatibility and customization.

          so just think before you talk shit

          • kickass

            A fanboi in sheepskin.......

          • flosserelli

            I doubt Cherokee4Life is a secret Apple fanboy. His points are valid -- Apple does make quality products. But if you're not invested in their ecosystem, they aren't worth the premium that Apple thinks they are.

      • Jameslepable

        also the sold 3 million iPads in 3 days. That includes the iPad 3/4 and mini.

      • http://www.facebook.com/toni.flaherty.18 Toni Flaherty

        Because their stupid! There is nothing special about Apple. Im a former apple user and
        Im glad i stopped drinking the kool aid

  • Julie

    Give it a break Apple. Enough already with the petty lawsuits. If you invented the door knob, you'd want to patent it. Even your customers had enough.

    • Gary

      I've been an apple user since I bought an ibook back in 2004. Since then I've bought a macbook, multiple ipods, an iphone, and an ipad. However, going forward, I don't think I can stomach buying any more apple products. It used to be that apple's interface was so good that it justified the price premium they charged. OSX was far better than linux, and I fell in love with expose (I refuse to update my laptop beyond snow leopard, as that's the last version that can still run leopards version of expose). However, in recent years, I've found the interface on apple products hasn't improved significantly, but the competitors have. If anything, Apple has been focusing on locking down their hardware, locking customers into their ecosystem, and making sure people can't upgrade any apple products without paying a hefty apple tax. The flash memory pricing is just the start, and the soldering of RAM onto the MBP retina logic boards have ensured I won't buy one,and instead will be buying an ultrabook when I upgrade.

      All the while, apple's competitors are starting to get their shit together. Android phones seem to be a valid alternative to iOS and offers far cheaper hardware (particularly off contract where carrier subsidies don't count). In the tablet space, apple has a huge head start, and the iPadis still "the king", but if I were buying a new one, I'd likely lean toward the new Nexus 10 instead. It just seems like a better product that doesn't try to force the apple way upon me (although I do wish it had an SD slot). iPods don't really matter much now.. I figure my next phone will be anandroid phone with an SD slot. I can buy a 128GB SD card for ~$100 by then, and then I can replace my ipod classic with something that's solid state and cheaper than apple's alternatives.

      It might take a while before other customers realize this, and apple is still #1 is industrial design, but the competition is starting to step up, and I've heard more and more people in the tech industry who are starting to get disgusted with apple's ways. The lawsuits against any and everyone, the refusal to license patents reasonably, the strong arming of competition, and the seeming belief that they're unstoppable, and above the law. Apple is becoming arrogant with their lead, and I see in the future ios being limited to a niche market that they have with desktop computers. Of course, it all depends on if the courts decide to be reasonable and not allow apple to patent the rectangle.

      • GTR

        The competition is 'stepping it up', because they're imitating Apple.

        And Apple's products don't change much from iteration to iteration because they got it right the first time.

        "The grass is always greener on the other side".

        • Nevi_me

          Henry Ford and Karl Benz got their cars right the first time, so they just keep shipping the same fugly thing adding a cylinder every time ... Uhmm I don't wanna own something that looks like it was made in 2007 ... Wait ... I see ... (before I am attacked, I am not talking about the iPhone design, I am talking about iOS. Yes I also know that the only 2 major changes to iOS on the MAIN SCREEN were wallpapers and 5 rows for apps)

        • CaliSummer

          Even mother nature doesn't get it right the first time....species adapted, evolved, and changed over millions of years. To say Apple aced it the first time says how matured these fanbois are. Even Cook and the rest of the management team would jump of the Apple ship if it starts sinking, but these fanbois will keeping sucking.

      • delreyjones

        I'm both a customer and a stockholder of Apple, and no way have I had enough. Speak for yourself but not for the rest of us!

  • socal

    Looks like Apple is beginning to open the missile silos. Good. I hope Samsung and Google get what's coming.

    To the iHaters, trolls, and Samsung lapdogs, don't even bother flaming me. You won't get anywhere outside your parents' basement.

    • AppleRocks

      Couldn't Apple charge Google with inducement also?

      • Irish Golfer

        Except there isn't anything obvious in Jelly Bean that looks like it was stolen. This will likely be one of those cases where it's about complex patents of how the OS works.

        • Fake William Shatner

          Samsung's designs still copied most everything from Apple. If you look at what they had BEFORE, and then after going into production for the Apple devices, immediately AFTER, then it's a clear case of cloning.

          The argument gets trivialized on "patents for rounded corners" -- but really, the interaction with "pads" is obvious, because everyone quickly took the iPhone and iPad interfaces and adopted them.

          I would prefer a more open IP system that rewarded innovation, but didn't prevent others adopting things that are fairly obvious, or necessary. But THIS is the system we live under, and if Apple doesn't defend what they developed, they lose it.

          And Samsung is just the biggest IP thief around -- why is everyone cheering for them? You'd at least think there might be a desire for a US company to win, if only for provincial reasons.

          If companies that innovate don't defend themselves, a manufacturing juggernaut like Samsung can just bury them by mass producing their own designs. Then a market gets killed, and innovation is dead -- Samsung still makes money, and is onto the Next IP opportunity to crush. They make all the stuff we used to, in case nobody noticed.

          • mesmorino

            You are confusing a desire for Apple to lose with a desire for Samsung to win. Like I said around here some time ago, it's not so much that Samsung is innocent and pure of heart or whatever, it's that Apple is being unnecessarily assholish, and they are being enabled by a retarded and wholly corrupt system. If you read the articles and comments carefully, nobody is actually cheering for Samsung, instead we're showing extreme disdain for Apple. If it seems like we're cheering for Samsung that's because they're the biggest Android manufacturer around, and Android is really what we're cheering for.

            Also, fuck your provincial reasons, what a dumbass reason to support a poor OS and an even more ridiculous company. Simply because they're American? Please. GOOGLE is American, how about supporting them? This has nothing to do with how foreign Samsung is or anything of that nature. Apple wants to keep on making inferior products and charge stupid amounts of money for them and (this is the annoying part) instead of trying to make their products better they're trying to stop other companies from making better products.

            In 2012 (almost 2013 now!), you still cannot send files by fucking BLUETOOTH to any iphone in existence, and the iphone 5 doesn't even have NFC! Shitty products by a shitty company will never get my support, regardless of how American or (in my case) British they are.

    • mattrition

      Why do you hate Google and Samsung though?

    • jeffrey evans

      I hope Google and Samsung also get what they deserve, a world without Apple.

  • Mohan

    There's that word we've all been expecting: Google.

  • Michael Koch

    Keep it up Apple.... your days are numbered............

  • http://twitter.com/darrynite Darren

    Apple is pathetic. Their biggest innovation in 2011 and 2012 is how to sue other company and add a whole new row of icons. Pathetic....will they ever stop? They should replace the Apple logo on the back of their products with a baby logo, wait...a crying baby logo. Because that's what they are...a big fat cry baby

    • qwerty

      Their logo should be - Sue when you can't do

  • flosserelli

    1. Apple finds new lawsuit fodder.
    2. Lawsuit was filed in California (also the home of Apple), so there is a good chance that Apple will get a favorable decision.
    3. Apple will be awarded millions (?billions) over a trivial matter.
    4. Repeat ad nauseum.

  • Cherokee4Life

    I wonder what it would feel like to work at Apple corporate....

    I think i would be ashamed to tell people I work there. I mean seriously, all fanboy shit aside. This is going to far. I completely understand the initial lawsuits and going back and forth and what not. You want to defend your stake in the mobile market, I get it. You have a right to. Lets be honest Apple has brought a lot to the Mobile world. But at some point your going to have to stop trying to fight these battles and just let the customers decide who is better.

    Dear Apple,

    If you continue to drag this out anymore, I fear that you are going to really start to hurt your own company image and then sales..

    • flosserelli

      It's already happening. Talk to anyone still on the fence about their next phone upgrade. Prior to this year, most people (except die hard Apple haters) would have put iPhone on their list of contenders. Fast forward to Q4 2012: More & more people are not even considering iPhone because of Apple's recent legal wranglings and general douchebaggery.

      Apple's market share has already peaked and is now on the decline. I wouldn't sell Apple stock just yet, but they are definitely losing ground and grappling for dwindling sales via any means they can. All of their recent legal shenanigans are proof of this.

  • Greg

    I'm in Thailand now. Last year I bought an Ipad here, At the time the APPLE STORE was absolutely buzzing and the other electronics stores practically deserted. I enjoyed my IPAD, the build quality is fantastic, it's idiot proof, Screen and Sound quality are excellent. This year I just had my IPAD stolen so had to replace it. The electronic stores here are now DOMINATED by Samsung. LG, HTC, Moto, Sony and the rest are totally left behind. Nokia is relegated to cheap $20 basic phones, Apple is still doing plenty of business but looks like a fraction of what Samsung are doing. I replaced my stolen ipad with the Samsung 10.1 Note and love it. The build quality, screen quality, and sound quality are good, but not quite up to Ipad 3 standards, but I can fit it with a 32 or 64GB micro SD card, the stylus is a modest benefit, but I find Android ICS much more fun and slick than IOS, easier to install cracked apps and put the stuff you want on and off the unit. With Apple the whole process was just way too cumbersome with itunes so my content got rather fossilised.Samsung are bringing out a torrent of new designs in almost every size. The Apple lawsuits were also a major factor in my decision. I don't really want to buy from a company that treats it's customers as idiots, there too be exploited to whatever extent it can. It's about time the anti trust agencies got busy on Apple, it is massively abusing its quasi monopolies. Apple is rapidly turning into a company that it's cool to hate, just where they put Microsoft 5 years ago.

  • http://www.facebook.com/toni.flaherty.18 Toni Flaherty

    Apple is pathetic, they can't beat Samsung or Android so this is what they have to resort to.,I'm glad I left Apple. A company lower then the belly of a snake smh at apple