Apple leverages Siri patent to block imports of Galaxy S III to US

By , Jun 6, 2012

Perhaps not unsurprisingly, Apple has asked the court for permission to add Samsung’s latest smartphone to its list of devices eligible for a preliminary injunction.

The company is leveraging its two patents to enforce the ban, one already successfully used to stop imports of HTC devices and the other covering unified search and Siri capabilities that Samsung’s device replicates with its S-Voice feature that Cupertino feels shamelessly rips off Siri’s user interface.

Looks like Samsung may want to re-think its stance that the S III wasn’t designed by lawyers

According to patent expert Florian Müeller, writing for his own FOSS Patents blog, Apple’s move proves again that Cupertino is on the offensive against Android.

Apple purchased the S III in the United Kingdom, where Samsung launched it on May 29. The U.S. launch date is June 21 — precisely two weeks after the preliminary injunction hearing.

Now, a lot is at stake here.

The Galaxy S III is Samsung’s flagship device that has seen nine million pre-orders worldwide, according to the company.

Müeller observes:

Apple’s motion notes that “according to press reports, Samsung has already sold over nine million preorders of the Galaxy S III; indeed, the Galaxy S III has been reported to be the most extensively preordered piece of consumer electronics in history.”

Here’s a little back and forth between the lawyers for the two technology giants:

Among other things, Apple asked Samsung to “confirm that it will not launch the Galaxy S III in the United States until the Court has ruled on Apple’s preliminary injunction motion”, but Samsung’s counsel replied on Monday (June 4) that “Apple’s pending Preliminary Injunction Motion will have no bearing on the release date of the Galaxy S III”.

Should the court decide that Apple’s preliminary injunction has its merits and enforce a sales ban, customs could indefinitely delay shipments of Samsung’s phone into the United States.

Now, Samsung could easily mitigate Apple’s data tapping patent with a custom Android build, as HTC did, but defending that strangely familiar S-Voice interface isn’t going to be easy at all.

What do you think?

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  • http://twitter.com/rexexdesign Alexander Reimann

    Yea it nearly looks like a 1:1 copy of Siri!

  • http://twitter.com/franchicob Chico Barbieri

    Sumsung has no creativity. End of story

    • Justin Mooney

      lolz

    • Diamond D Grier

      Do your homework? Apple purchase their….The only creativity that apple has is lying and marketing…..I heard that the Judge was somehow affilitated with Apple in the past…Is this true?

  • Anonymous

    Apple’s logic. If you can’t beat them, sue them. The fact Samsung releases phones faster and with more added features really gets me annoyed w owning an iPhone. I want a new phone already. The 4s felt old the day I got it since its basically the same thing that was out for 18 months

    • http://twitter.com/Jorgenekah Jorge Pozolinni

      seriously buy the sg3. definetely apple doesnt know what else to do to stop the creativity and high tech of the SG2. I bet you even Iphone5 wont compare to sg3. I am telling you, I had iphones for 3 years and 1 month ago I sold my Iphone 4s and bought a SG2, there is a big difference, I donpt think I will have an Iphone again.

      • Grant Lawrence

        Yea right, you probably work for Samsung

      • goofygreek

        You should be careful posting stuff like this, all the apple fanboys will have a shit fit.  Btw, i love my gs2.

      • Diamond D Grier

        Me 2, or a Ipad…Apple is history..

        By the way Google maps goes offline soon so you can have a map without internet services…I feel that Google doesn;t do much marketing about the services and apple know this….

    • http://twitter.com/oo7plasma Brandon

      i normally think all these copyright and patent stuff is stupid but this does seem like a shameless copy of Siri…

      • http://www.facebook.com/raaed.rizza.7 Raaed Rizza

        Ikr, when will others stop copying apple, this is why apple are making those ridiculous patents

    • http://twitter.com/Madmikesinferno Mike Fleming

      Then you should buy a Samsung galaxy S III

    • Grant Lawrence

      Apple takes longer to release phones because they are actually brainstorming and innovating to create new features for their devices where as Samsung is just copying everyone else’s ideas as their own so they can release devices faster.

      • JerseyD

        It took apple 18 months to come up w a better camera and faster processor and no other changes for the 4S?

      • goofygreek

        So, for example, your saying that apple had invited the drop down notification center in ios, and it doesnt look anything like androids notification center that has been out since day one of android?

    • Diamond D Grier

      Where is the creativity…American are led to believe anything, and all they want to hear is a good story and they will buy it…

  • http://twitter.com/Jorgenekah Jorge Pozolinni

    definetely apple doesnt know what else to do to stop the creativity and high tech of the SG2. I bet you even Iphone5 wont compare to sg3. I am telling you, I had iphones for 3 years and 1 month ago I sold my Iphone 4s and bought a SG2, there is a big difference, I donpt think I will have an Iphone again.

  • http://twitter.com/oneBurge Burge

    Whilst reading the s-voice pic I could not help but read it with the sound of Siri in my head..

  • Anonymous

    this is total absurd. a BLATANT copy of Siri. these goddamn asians pulling this shit are shameless. they don’t invent anything; they just rip off stuff from “behind”.

    samsung and others are tired of eating dirt for years and don’t even bother inventing new stuff anymore.

    Copied stuff I quickly thought of:
    - Only one hardware button in the bottom center.
    - Clean user interface with moving icons on top and stationary icons on bottom.
    - Phone/SMS icons in green.
    - Siri
    - AirPlay
    - AppStore (now there are Google Play, Amazon Appstore, etc etc etc)

    I’m sure there’s more…

    • Byron Davis

      Some of these are just ridiculous that you stated. Granted I have a iPhone 4, iPad2. Galaxy S2, and Transformer Prime. So i’m on both side of the fence. These patent battles are getting a little ridiculous.

      Copied stuff I quickly thought of:

      - Only one hardware button in the bottom center. (I agree with this)

      - Clean user interface with moving icons on top and stationary icons on bottom. (Come on a Dock?!? POS smartphones have docks)

      - Phone/SMS icons in green. (Android Icon in general for SMS is green. You can’t patent the color of an icon. This is just retard)

      - Siri (Apple didn’t really even come up with this either as this was created by the company they bought with this.)

      - AirPlay (Where do you see them copying this? Please don’t say DLNA.)

      - AppStore (now there are Google Play, Amazon Appstore, etc etc etc) (How is buying apps copying? They didn’t copy the name. Market and Play Store is not similar.)

      Also on another note. Wasn’t it Steve himself that stated that “Good artist copy, but great artist steal.” If they can’t take the heat from competition get out of the kitchen. I like having companies come up with better versions of something. That just makes the other company come back stronger and better. Stop litigating and start innovating..

      • http://twitter.com/Dongiuj DonGiuj

        Well said young man.

      • Anonymous

        Disagree with the Siri part, Apple didn’t make Siri but they bought the rights. Samsung just stole it.

    • http://www.facebook.com/people/Dung-Qdle/100000567686418 Dung Qdle

      Have you ever thought that Apple copied a view Things from android or from Samsung, too?
      Like Notificationcenter that exist long before Apple integrate it into iOS(and made it looks like they invented it in their own).
      Or using samsung’s Patents and i dont know why but they made through it without paying a **** to Samsung.

      I’ve been a iPhone User for years but Apple sue politic made me ashamed walking around with an iPhone. I think it’s time to switch the side now.

      • sn0wbaLL

        agreed. already switched

    • kha420

      “goddamn asians” ? that makes you sound like a piece of shit. but anyways in reply to your argument….

      -There’s 1 hardware button in the bottom center but theres also 2 capacitive buttons on each side of it. Also its not a circle with a square in it.

      -you’re an idiot

      -you’re an idiot

      -you’re a fucking idiot

      -It’s not the same. you’re an idiot

      -you’re a fucking idiot

      -you’re a fucking moron

      -shut the fuck up

      and btw i’m an iphone 4s user not an android fan boy, but had to reply to this because…..

      You’re a fucking idiot

      This kind of shit happens all the time, the only reason why Apple is suing in the U.S. is because the patent system is retarded over here. But the fact still remains that you’re a racist piece of shit.

  • Anonymous

    With such behavior Apple drives customers away.

    Cupertino doesn’t care, someone could say, as long as they sell more than the others, or the others sell less.

    In any case Apple shows fear instead of welcoming competition

    • sn0wbaLL

      i agree, i bought a gs3 here in europe awhile ago. the gs3 is a powerhouse

      • nvog

        And I’ m saying this BEING AN OWNER OF BOTH APPLE’S iPhone4 and new iPad.

        I like apple products BUT i can tell when there’s opprtunism in action instead of healthy competition.

        The argument od Siri’s copy-paste does not make Apple a justified protestant. It reminds me more of a grey zone opprtunist who uses some elements of the moment to attack and eliminate (in the best possible way) all kinds of competition.

        Not fair. AT ALL.

  • Anonymous

    Is it that they’re being defiant or they just can’t help themselves? You’d think they’d have learned by now not to copy Apple. At this point, I can only conclude that they’re asking for it and whatever they get, they’ve earned.

  • Anonymous

    Rediculous! C’Mon Apple, so what if it’s like Siri. Let them compete! It only means you have to stay on top of your game. Besides Siri is better anyway.

    • sn0wbaLL

      you havent even used s-voice. how can u say its worse. I have both the 4s and the s3(yes i live in europe) and the s-voice is much more europe friendly, i stopped using siri 3 days after i got the i4s. frankly, i think they both need a lot of work. oh and the beta tag isnt fooling me. voice recognition has been in beta since the 90′s

  • http://www.GoldenGateDomains.com/ Golden Gate Domains

    ummmmm…. “S-Voice” yea, that’ll be “easy” to convince to a Judge that is has absoutely nothing to do with Apples ‘Siri”….. HaHaHa!!!

    Samsung – you suck!!! Just stop stealing Apple’s stuff, show a little honor and pride and create your own technology!

    • http://twitter.com/Dongiuj DonGiuj

      If you mean Siri as in the technology, Apple didn’t create that technology.

      • Anonymous

        Yes they did , think of it like buying bread , meat , and mustard … Well apple made a sandwich and threw extras with it

      • http://twitter.com/Dongiuj DonGiuj

        The only thing apple makes is the OS.

      • Mysteroy3k

        U mean iOS , and even if apple do buy technology, apple puts their own tech in it . Like apple having Samsung make processors but little do h know apple has its own tech inside of that,

      • http://www.GoldenGateDomains.com/ Golden Gate Domains

        I edited my original comment to include that Samsung should “create (or purchase) your own technology!”

        When Apple (or any company for that matter) purchases another company and the technology created by that company, then LEGALLY Apple OWNS that technology the same as if they had created in-house. Legally there is no difference! :-)

        Samsung, HTC, Motorola and Goolge and anyone else also had the same chance to recognize the Siri technology and purchase it, but Apple was the only company that actually did!

    • Anonymous

      Wait what? Apple Didn’t create the tech for Siri, they bought it.

      So does this mean that no one else can have a voice recognition assistant since it’s “Apple’s Stuff”?

      • Anonymous

        Actually apple bought it and enhanced the tech , do technically apple did create it

      • http://twitter.com/Dongiuj DonGiuj

        See “bought it” are the key words right there. “enhanced” is another key word. They didn’t create it. You just contradicted yourself.

  • http://www.facebook.com/profile.php?id=1595420643 Simche Apple Konstantinovic

    Why is Apple suing them for this, I mean, look at Svoice… It’s crap compared to Siri! Siri has been carefully developed and made it very user friendly and beautiful (even though it’s still in beta, it will become even better in near future) but look at Svoice, It feels fast developed and un-united, it lacks what Siri gives of. If they already copied Siri, why in H*ll couldn’t they make it properly instead of just being lazy? It’s just like the MacBook Air, there it is, and still no company could copy it and polish it to be just as good or better! Instead, they always sacrifice something and thus, it never really achieved That, what we see in Apple products. Sure, Samsungs has released their Ultrabooks, and I too think that they are very gorgeous, but, it feels like it took an eternity to reach the same level of perfection that apple demands on their own products and later, releases to us.
    It’s also just bad, that most of the companies are trying desperately to provide an Apple killer, instead of innovating their own stuff. Samsung should have done their own phones with their own OS… That would maybe, change our way of thinking about Samsung and Apple…

    • http://twitter.com/apocolipse269 Chris Simpson

      Quite frankly, I want to see a linux-based “Android Killer”. All the “nice tech” that goes into Android phones is wasted on a crap OS. Super simple things such as BackButtons in Nav bars (opposed to a hardware button…come on, in-UI-navigation should be controlled in-UI)
      Scroll gravity (ew, just ew, how do you take your finger off and it /speeds up/ ??! wtf!)
      Even large scroll views just crash all over androids (even the “super awesome galaxy2″)
      Go ahead, open music app and go to “All Songs”, i hope you dont have more than 20 songs…
      Hell i cant even go to “All Songs from Artist” on certain artists on android… “but its faster/better than an iphone”…

  • http://twitter.com/CokerGerald Gerald Coker

    seriously apple should just focus on their products and stopbattling with samsung always

  • ricardo arriaga

    With so many lawsuits Apple is helping Samsung to become the king of the smartphones all over the globe, all the lawsuits just put Samsung on the light spot comercialy, and in addition to that, Apple is impulsing Samsung to be so creative and come out with such amazing products in order to avoid the lawsuits, meanwhile Apple is just sitting there trying to sue whatever comes across, they could be investing all that money on new creations and not just on publicity making all the apple fans (sheeps) believe they think different. Thanks apple for your lawsuits because they just point out what to improve on an already amazing device from Sammy.

  • http://twitter.com/Dongiuj DonGiuj

    I think all these companies are being spoilt little s**ts and it’s beyond boring now. Maybe the courts or who ever’s it goes through should just say “Right! No more smartphones for any company.”
    Back to the drawing board for everyone. Make something and give the consumer the freedom of choice. The consumer is the number one factor and apple fans will buy iOS products and droid fans will buy droid products.
    You either buy a sharp TV or a LG TV, they both do the same thing and all TVs look VERY similar.
    Grow up girls and accept competition.

  • Wael Abdo

    Dear Apple,
    no need to do that. com on its unsportsmanlike, let them play along, we all know that S voice thing is a childs tool compared to our dear Siri. No need to play rough ;)

  • Wael Abdo

    Dear Apple,
    no need to do that. com on its unsportsmanlike, let them play along, we all know that S voice thing is a childs tool compared to our dear Siri. No need to play rough ;)

  • Decio Arruda

    Come on, it’s a totally copycat product!!!
    Samsung isn’t going to be successful like this, they have to imagine, NOT COPY!!!
    Fuck you Samsung and fuck you android even harder!!

  • https://profiles.google.com/101222622008306841134 Zeeshan

    it is clear Samsung fucking the apple ass really hard. Apple is not able to bear the pain and going to court.

  • https://profiles.google.com/101222622008306841134 Zeeshan

    it is clear Samsung fucking the apple ass really hard. Apple is not able to bear the pain and going to court.

  • Mitchell Johnson

    if this goes through I will be pissed! Just because Samsung finally has something that can compete with the iPhone, apple turns around and sues them for it!

  • http://www.facebook.com/yuvraj.wadhwani Yuvraj Wadhwani

    Samsung is the new Microsoft :)

  • Grant Lawrence

    Samsung stole the identity of Siri with “S-Voice”. The interface is almost exactly the same and the gay name “S-Voice” is even similar. Samsung has not ever had an original idea when it comes to this shit

  • Justin Mooney

    Google, you should have patented your idea for the notification drop down so Apple could not steal the idea. Oh wait, Google doesn’t sue for frivolous patents, they enjoy watching technology grow.

  • http://www.facebook.com/hendricks.wayne Wayne Jimmy Hendricks

    This just goes to show that Apple does not know how to innovate only litigate. Unified search is actually a sci fi concept which Apple has slavishly copied. I cannot remember how many books I’ve read or movies I’ve seen using voice searching features. Hal anyone? The problem is the patent office granting these incredibly obvious patents to companies like Apple who then think they own the idea. Perhaps some of the scifi writers or their estates should sue Apple for blatantly stealing their ideas.

  • Diamond D Grier

    Apple’s Blatant Hypocrisy
    Apple’s “thermonuclear war” against Android is less about protecting its “innovations” in the smartphone market than it is about protecting its market dominance. Consider what Steve Jobs himself said in the 1990s: “Picasso had a saying, he said: ‘Good artists copy, great artists steal’. We have, you know, always, ah, been shameless about stealing great ideas.” Apple has a long history of copying the innovations of others, while at the same time they are bullying others who do the same. Why, then, does Apple do its utmost to prevent others from copying technologies Apple itself copied from others?

    [Breaking News 6/11/2012, 2:30 PM] Apple Copies Google Features for iOS 6
    In its latest examples of blatant copying, Apple has copied Google Voice Actions and incorporated the functionality into Siri, which can now launch apps. Apple has also copied Chrome’s tab sync feature and incorporated the functionality into iCloud Tabs. As yet another example, Apple has copied Google Voice’s Do Not Disturb functionality along with Android’s “Reply With Message” feature and called it… wait for it… Do Not Disturb (though Apple has also applied it to notifications – oh, wait, didn’t Apple also copy Android’s notification bar?). In a stunning twist of irony (karma?), Apple’s stock took a nosedive after its WWDC conference.
    A History of Copying From Others
    Throughout Apple’s history, they’ve rarely been the first ones out of the gate with any completely original invention, but, as Joe Wilcox at Betanews pointed out, they have consistently re-combined existing technologies to form their innovations. I should point out that Wilcox’s own editorial was one of the main inspirations for my series (but you better not copy anything from mine ).

    Wilcox was quoting from a highly recommended book by distinguished Ohio State professorOded Shenkar called Copycats: How Smart Companies use Imitation to Gain a Strategic Edge. For example, Apple got the concept of the GUI from the Xerox Palo Alto Research Center (PARC), which produced the GUI for its Alto machine in 1973 (which was first incorporated into a commercial personal workstation called the Star in 1981).

    1: Xerox Alto, 2: Xerox Compound Document screenshot, 3: Xerox Star, 4: Xerox Star GUI screenshot
    Apple was also not the first company to release an mp3 player, a smartphone, a tablet, or an app store. The Diamond Rio, released in 1998, was the first commercially successful mp3 player, though not the first one overall. IBM developed the Simon, the first device to be considered a “smartphone” in 1992, which was followed by more popular offerings from Nokia (Symbian), RIM (Blackberry), Palm (Palm OS) and Microsoft (Windows Mobile). Microsoft tablets go as far back as 2002, 8 years before the first iPad, and one of the first “one-click” digital distribution systems (which functions as an app store) for Linux programs was called “Click-N-Run,” or CNR, released in 2002.

    Early smartphones 1: IBM Simon, 2: Nokia Communicator 9110, 3: BlackBerry 6230, 4: Palm Treo, 5: T-Mobile Dash (Windows Mobile)

    1: Diamond Rio mp3 player, 2: Microsoft Tablet PC, 3: Click-N-Run (CNR) app store predecessor screenshot
    Litigation over innovation
    This saying has already become a cliche’, but it is just as true now as it was when Apple began its litigation binge. The iPhone was a true game-changing innovation in 2007, when it revolutionized the smartphone industry. With the original iPhone, Apple also set a prime example of how to impose a manufacturer’s will over that of the notoriously control-obsessed carriers. Apple followed up its impressive debut with the second-generation iPhone 3G, which introduced another revolution in the form of the app store.

    From there, however, the iPhone went downhill in terms of innovation, though certainly not in market share. The combination of declining technological advancement and skyrocketing market share either led to or was the result of a corporate strategy as old as corporations themselves. Historically, when a company/corporation gains a dominant market share in a given industry, it shifts its strategy from improving its products to protecting its market position.

    Microsoft’s Internet Explorer is a prime example of this approach. By crushing Netscape (the primary innovater in web browsing) by bundling Internet Explorer with each release of Windows, Microsoft came to dominate web browsing in the late 1990s. Thereafter, the browser itself went through incremental updates while rivals such as Opera and Firefox made huge advances in web browser functionality, such as tabbed browsing (which took years for Microsoft to finally integrate into Internet Explorer).

    Apple’s approach following the iPhone 3G was very similar to Microsoft’s Internet Explorer strategy, with one key difference. Like Microsoft, Apple began releasing incremental upgrades to its iPhone once it gained a stranglehold in the smartphone market in 2008/2009. Just think of the iPhone 3GS and the 4S, and you’ve gotten the point.

    Android was a bit player in the smartphone arena when it first went to market with the venerableHTC Dream (more commonly known as the T-Mobile G1) in 2008, but even then, Steve Jobs recognized that Android presented a major threat to the iPhone’s continued dominance.

    His worst fears began to come to fruition with the late-2009 release of the Motorola Droid (the same year as the iPhone’s first incremental upgrade in the 3GS). The rapid-succession releases of the Nexus One, the Droid Incredible, and the Droid X quickly took Android to unprecedented heights by the summer of 2010. As if that wasn’t already a big enough threat to Apple, HTC and Samsung then hammered the market with their one-two punch of the Evo 4G and the Galaxy S during that climactic summer.

    The summer of 2010 was evidently the last straw for Steve Jobs and Apple – in typical market-leader strategy, Apple went from revolutionizing smartphone technology to playing defense to protect (and restore) the status quo. Consequently, Steve Jobs declared a “thermonuclear war” on Android, launching an aggressive barrage of anticompetitive lawsuits in 2010, designed to exploit the recent shortcomings of the modern patent system. Microsoft, by contrast, was much more often the defendant in litigation based on its anticompetitive approach to Internet Explorer (I can’t help but laugh at the sheer irony of this contrast).

    Interestingly, Apple hasn’t sued Google itself over Android, as I imagine it would be difficult to win a patent lawsuit against an open-source operating system based on the same Unix ecosystem as MacOS and iOS (Linux, upon which Android is based, is itself derived from Unix). Instead, Apple has chosen to attack Android by proxy, suing individual manufacturers for copying key patent-protected features of iOS.

    It’s certainly a head-scratcher that nobody in the court system seems to recognize that the key features Apple is suing manufacturers for are part of Android itself and are implemented across all Android devices. For example, the infamous “data-tapping” feature is a part of stock Android and is not particular to any OEM, Samsung and HTC included. The fact that it’s implemented in their respective TouchWiz and Sense skins is irrelevant, because the phone would have had that feature even without those custom overlays.

    Why does Apple get away with this obvious hypocrisy?
    While Apple itself copies and recombines technologies from others, Apple refuses to let others do the same without rushing to the courthouse to stop competing products from launching via injunctions and restraining orders. Why does Apple get away with this? Stay tuned for the next editorial in this series, which focuses on patent law in the United States, its original intent, and the perverted way it is implemented today.