John Paczkowski

Recent Posts by John Paczkowski

Apple Seeks ITC Ban on Samsung Galaxy S and Galaxy Tab 10.1

Looks like nothing came of those “high-level” patent litigation discussions between Apple and Samsung last month. Because legal hostilities between the two are escalating once again.

Last week Samsung filed a complaint against Apple with the U.S. International Trade Commission. And now Apple has responded in kind.

Cupertino this week filed an ITC complaint against Samsung, asking the agency to bar the U.S. importation of Samsung smartphones and tablets, which Apple argues have been “slavishly” copied from its iPhone and iPad designs.

“One of the principal infringers of Apple’s intellectual property is electronics giant Samsung,” Apple said in a 26-page ITC complaint. “Samsung has followed each of Apple’s groundbreaking products with imitation products that incorporate Apple’s technology and distinctive design.”

Another variation on the same broadside Apple has been firing at Samsung for months now, slagging Samsung as a shameless “copyist.” And it follows a similar motion filed last week asking a California federal judge to issue a preliminary injunction that would bar Samsung from selling the Galaxy S 4G phone and the Galaxy Tab 10.1 tablet.

“Samsung chose to copy Apple, not to innovate,” Apple said in that motion. “The message that Samsung conveys to consumers with its imitative smartphone design is simple: ‘It’s just like an iPhone.’ Samsung’s Galaxy Tab 10.1 tablet sends a similar message: ‘It’s just like an iPad.’ … Samsung’s infringement is eroding the distinctiveness of Apple’s designs. Apple is losing market share and customer goodwill. Money damages cannot adequately compensate Apple for the harm Samsung is causing.”

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Just as the atom bomb was the weapon that was supposed to render war obsolete, the Internet seems like capitalism’s ultimate feat of self-destructive genius, an economic doomsday device rendering it impossible for anyone to ever make a profit off anything again. It’s especially hopeless for those whose work is easily digitized and accessed free of charge.

— Author Tim Kreider on not getting paid for one’s work