Did you think the tension between Apple (NASDAQ: AAPL) and Samsung would end when the second Apple-Samsung trial concluded? If you thought so, you’re in for a surprise – perhaps an unfortunate one.

Apple, having won $120 million in the second trial in which the company sued for $2 billion in infringement damages, is now on a new campaign to target Samsung – even if it involves older smartphone models that are no longer relevant in the smartphone space. Filing a new ban request with Judge Lucy Koh in the US District Court of Northern California (San Jose) on Friday, May 23rd, Apple is now seeking to ban nine older Samsung model smartphones from sales in the US: Samsung Admire, Galaxy Nexus, Galaxy S2, Galaxy S2 Skyrocket, Galaxy S2 Epic Touch 4G, Galaxy Note, Galaxy Note 2, Samsung Stratosphere, and the Galaxy S3. The Galaxy S2 Skyrocket and Galaxy S2 Epic Touch 4G refer to the AT&T and Sprint Galaxy S2 models, respectively. The Galaxy S4, Galaxy Note 3, and Samsung’s latest flagship, the Galaxy S5 were not part of the lawsuit.

These older nine Samsung models are guilty of the infringement lawsuit Apple just won infringement damages over, utilizing technologies in the lawsuit such as automatic spelling correction, click-to-call, and Apple’s well-known slide-to-unlock function. While these are familiar features that many smartphones share today, Apple holds major patents on these features. In the second Apple-Samsung trial, the jurors felt that, if Apple believed that Samsung was guilty of utilizing Apple’s basic feature patents, the company should sue Google. Apple, however, hasn’t yet filed any lawsuit of any kind against the search engine giant over features that have become commonplace in Android. Samsung is Apple’s largest smartphone and tablet rival in Android, but ownership and responsibility of Android belong to Google – not Samsung.

Apple’s smartphone ban requests (2) have been rejected by Judge Lucy Koh, and there’s little optimism for Apple in making a third smartphone ban request. The devices in question are obsolete at this point, considering that the Galaxy S2 is now three years old, and the Galaxy S3 turns two years old later this summer. Devices such as the Galaxy S3 and Galaxy Note 2 are nearing two years old and will likely not see any Android update beyond Android 4.4.2 KitKat. The Galaxy S2 is no longer eligible for updates, and the original Galaxy Note (now nearing 4 years old) is also old and forgotten. Android customers who intend to save dollars will likely upgrade to one-year-old devices such as the Galaxy Note 3, now available for $199 (32GB model) with a two-year contract. Since these models are too old to matter for Samsung’s sales (and customers), the impact of this third smartphone ban is more of a way for Apple to make its own statement against Samsung than anything else.

What do you think? Are you tired of seeing Apple and Samsung go to trial? Do you think that litigation is starting to replace innovation? Let us know what you think in the comments.


  1. Apple appears to be miffed that it got only $120 million instead of $2 billion. So like a petulant child, they say, “You can take your old ball and go home. The judge said mine’s prettier anyway!”

  2. Apple is a joke. I have the note 3. And i am getting my wife the Samsung 5. Apple is so far behind Samsung with its tiny little girl iPhone . I would buy that i phone if they made it in the US. But i cant think of a better way to pay them anti American worker low life scumbags back. Buy from there competition. The Samsung is way nicer any way and they know it.

    • Mark,

      I have the Galaxy S5 and it is much nicer than the iPhone 4S and iPhone 5 I had about a year ago. The 16MP camera is one of the clearest and sharpest I’ve seen on the market (if not the sharpest and clearest), and the water resistance is one that I’m testing out on a daily basis. With the lawsuit craziness on Apple’s part, it makes me want to stop buying anything that comes with an Apple logo on the back. Samsung, on the other hand, is too busy innovating to worry about taking Apple to court. It just goes to show that some companies resort to these childish tactics when they can’t get their way. If Apple put this much effort into innovation, just think of where the iPhone would be!

      • I am glad I’m not the only one thinking that. I am disgusted by Apple. no more iphone 6, I will gladly wait for the Galaxy note 4 and dump my iphone 5s and my text message better works or else.

        • Avle,

          I’m glad to know I’m not alone in feeling the way I do. I’ve got a friend right now who is still looking forward to the iPhone 6 — even though I’ve taken Android phones around her such as the Galaxy S5 and Nexus 5, and shown her that both of these phones have far better battery life than the iPhone experience. Still, she insists on sticking with Apple because, in her mind, the Apple branding on the back of the iPhone is synonymous with “quality.” I’m not putting words in her mouth; she said this herself. She even admitted that, despite what Apple does, she’s still staying. It seems that you can put better specs and a more enjoyable experience in front of some individuals…and they just can’t appreciate it.

          Her husband, on the other hand, who has been a big iPhone guy, is dumping Apple and getting the Note 4 this Fall. He wanted to get the Note 3, but I encouraged him to wait for the Note 4. I have a Note 3 but wish it had water resistance. The Note 4 looks to get water resistance, seeing that Samsung would not deny its greatest device a chance to make a “splash” (pun intended) at the Fall celebration right before Christmas sales.

          We have some inside scoop on the Galaxy Note 4, so feel free to check out our Galaxy Note 4 rumors post as well as the comments below it. I think you’ll find some things there that will only tease you and excite you even further. I’m glad that you’re looking to leaving iOS. The recent text message flaw that you’re referring to makes things even worse. Why would anyone want to align themselves with a company that locks users in to iOS — and then prevents their text messages from working? The worst part of it all is that some reliable tech sources have called Apple about the issue and been told that Apple can do nothing about it. You can view the iMessage testimony here: http://www.businessinsider.com/hillel-cooperman-emails-tim-cook-about-imessage-2014-5


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