So, if the ban was not justified does that mean Samsung now gets to claim losses?
I know in US the losing party doesn't usually pay for the winning party's expenses or losses, but couldn't Samsung at least sue Apple for it and automatically win?
Samsung Galaxy Tab 10.1 sales ban lifted in the US
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Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#12Note that the redress for lost sale is yet to be determined. Samsung may get some or all of the 2.6M bond Apple posted at the start of the injunction, although how much isn't clear.
It's kind of weird to me that Apple was able to claim irreparable harm would occur if the Tab was sold, and then when it IS banned incorrectly they only have to compensate such a small amount that clearly was not 'irreparable'. ie. if they claimed irreparable harm would occur from the sale of the device, then compensation in samsung's direction should naturally cause them that same 'irreparable' harm that they said w…
Not necessarily, I think.. tell me if this logic holds up.
In a hypothetical situation where I clone the iPhone and manage to bring it to market for $1, if I am allowed to do it and it sells X times then it could mean X(big price) losses to iPhone, whereas if I am blocked from selling it then I am only losing X($1) from those lost sales.
Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#13I love and support apple from the first days when I went to canada I fell in love with Macs, we had those black and white ones and with Think Pascal. I wrote some code, got some A's for work and so on. I am not fan boy but I have deep respect for that Apple is to me and the industry. Frankly it all has gotten out of hand - after all this is all is a good sport, bloody noses aren't necessary. Samsung should negotiate…
However apple has been know as a being a
brilliant kid with short attention span and
tantrums to remember.
Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#14So Apple has successfully ruined one competitor's ability to compete, innovate and bring products to market. And lost.
In a free market that should be the most punishable offense of all.
How much is that going to cost Apple? How many billions will they be forced to pay in punitive damages?
Will they be banned from making similar claims in the future? Have they lost "karma" so when serving the next "ban kthx plz"-request, they will have to prove their case more thoroughly? Will their existing, similarly baseless claims be re-investigated and maybe denied or withdrawn?
What have we (as people, and as a judicial system) learned from this which means we can punish abuse and avoid having cases like this happen again?
This is after all in the US, and in the US we do not want anything to hinder the free market, right?
Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#15So Apple has successfully ruined one competitor's ability to compete, innovate and bring products to market. And lost. In a free market that should be the most punishable offense of all. How much is that going to cost Apple? How many billions will they be forced to pay in punitive damages? Will they be banned from making similar claims in the future? Have they lost "karma" so when serving the next "ban kthx plz"-requ…
The Galaxy Tab was not destroyed by this ban. The Galaxy Tab was destroyed by itself.
If you've ever used a Galaxy Tab, you would know how terrible of a device it is.
Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#16So Apple has successfully ruined one competitor's ability to compete, innovate and bring products to market. And lost. In a free market that should be the most punishable offense of all. How much is that going to cost Apple? How many billions will they be forced to pay in punitive damages? Will they be banned from making similar claims in the future? Have they lost "karma" so when serving the next "ban kthx plz"-requ…
The Galaxy Tab was not destroyed by this ban. The Galaxy Tab was destroyed by itself. If you've ever used a Galaxy Tab, you would know how terrible of a device it is.
If it's not competitive, then let it lose in an open market instead of hobbling it with an unjustified sales ban.
Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#17Earlier quoted context omitted.
It's kind of weird to me that Apple was able to claim irreparable harm would occur if the Tab was sold, and then when it IS banned incorrectly they only have to compensate such a small amount that clearly was not 'irreparable'. ie. if they claimed irreparable harm would occur from the sale of the device, then compensation in samsung's direction should naturally cause them that same 'irreparable' harm that they said w…
Not necessarily, I think.. tell me if this logic holds up. In a hypothetical situation where I clone the iPhone and manage to bring it to market for $1, if I am allowed to do it and it sells X times then it could mean X(big price) losses to iPhone, whereas if I am blocked from selling it then I am only losing X($1) from those lost sales.
Price elasticity of demand is not linear.
Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#18So, if the ban was not justified does that mean Samsung now gets to claim losses?
The whole business continues its decent into farce if not. The Galaxy Tab 10.1 has been destroyed by this temporary ban. While it's been banned nobody's been developing for it, and there's been no chance for any kind of 'buzz'. Its window has now passed, and it'll likely never really get off the ground. For one company to be able to do that to another with a spurious ban is ridiculous.
"The Galaxy Tab 10.1 has been destroyed by this temporary ban."
I will stop reading there. The GT sucks, sales ban or not.
Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#19So Apple has successfully ruined one competitor's ability to compete, innovate and bring products to market. And lost. In a free market that should be the most punishable offense of all. How much is that going to cost Apple? How many billions will they be forced to pay in punitive damages? Will they be banned from making similar claims in the future? Have they lost "karma" so when serving the next "ban kthx plz"-requ…
Let's not only criticize Apple for this. Samsung is attempting to do the same thing even now with the iPhone 5.
Re: Samsung Galaxy Tab 10.1 sales ban lifted in the US
#20I wonder if they can now pitch this as a marketing angle. Something like: "So good, they tried to ban it" or somesuch.