Dear Judge Koh: Competition Is No Reason To Ban A Phone

from the that's-ridiculous dept

We already had mentioned that Apple had succeeded in getting a rare pre-trial injunction against Samsung's tablets, but now it's also succeeded in blocking the Galaxy Nexus phone as well, though the judge's reasoning is a bit bizarre:
"Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products," Judge Koh said in Friday's ruling.
First of all, this seems to be yet another admission by Apple that it just can't compete in the marketplace against Samsung. Such a ruling seems to scream out to potential buyers: hey, check out the devices that even Apple admits you'd want over its own. But, more importantly, "losing substantial market share" is what competition is all about. If someone comes out with a better product, then the other company should lose substantial market share. That doesn't deserve an injunction. That harms the market, who clearly -- even by Apple's own admission, apparently -- wants the other product more.

The fact that two phones will compete is no reason to ban a phone. Let them compete. Let the market decide.

Even more bizarre is why an injunction should be issued at all. Following the MercExchange decision, courts are only supposed to issue injunctions in exceptional cases. If it's an issue that can be dealt with by requiring a royalty, then there's no reason to issue an injunction.

Samsung, of course, is appealing this and asking that the injunction be put on hold until that appeal is heard. In the meantime, some are pointing out that, for all of Apple's insistence that Samsung copied the designs of its phone and tablet from Apple, you could easily make the argument that Apple got some inspiration from Samsung as well:
And really, that's the point. Innovation and advancement involve all sorts of copying, but also improvements. It goes back and forth. Attacking one party for copying another misses the point, limits competition and harms consumers. It's too bad the US patent system and the courts now want to aid that process.

Filed Under: android, competition, injunction, iphone, lucy koh, patents
Companies: apple, samsung


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  1. icon
    G Thompson (profile), 3 Jul 2012 @ 12:20am

    Re: Re: Re: H8ers Need to Eat Some Apple Pi

    I have both of those Samsung devices (and a few others) with both an iPod and iPad.

    Believe me, once you turn them on or in case of Tablets, pick them up, you can NEVER be confused. The moron in a hurry test does not care whether you can confuse them at first glance, since Televisions, toasters, ovens, etc can all be confused at a distance from each other (even laptops which Apple wont mention how similar theirs are to others that were first to market). The test is also whether a Reasonable person would be confused, and if confused would they purchase one over the other ONLY because of the confusing 'design'

    Once you have seen a Galaxy 3 or HTC One in action (or a multitude of newer devices about to hit the market late this year to middle 2013) you would understand why Apple is so scared and why they are doing what any creature faced with fear of it's survival does. The fight or flight instinct kicks in, and well Apple are fighting whether they can win or not. f Apple wins in the USA, well.. so be it... but they are losing everywhere else. their 5% market of the USA should NOT be their major concern, its the rest of the planet that are basically NOT purchasing their products any more, that is where their strategic focus should be. The Samsung (and HTC) suits are smoke and mirrors making themselves look good for investors and stoking their corporate Ego. Nothing more

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