Articles about Apple vs. Samsung

US Thanksgiving is a time for reflection on the year behind, with plenty of time to ponder resolutions for January 1st. Yesterday, I posted about the things Microsoft should be grateful for in 2012. Today, I followed up with another, for Google. For consistency's sake, the list numbers eight, in line with Microsoft's, for which I chose to hat-tip Windows 8.

The list is by no means comprehensive, just some things that stand ahead of others -- and it is organized from least to most important. Google had a great year, perhaps the best ever. Few companies released more innovative products, affecting so many people and building such positive brand awareness.

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As expected, Apple has come in for some blistering criticism from the UK courts over its refusal to publish a straightforward apology stating that Samsung did not copy the iPad.

The full ruling of the court of appeal hearing, published today, pulls no punches, describing Apple’s compliance with the newspaper advertisement order (in which it was instructed to publish an apology in several UK newspapers and magazines) as "lackadaisical at best". The recent statement published on its website was found to be even more serious as it contained "false material" and made out the case as about Samsung copying the iPad, when it wasn’t. (It was actually about whether Samsung had copied Apple’s registered design.)

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Sometimes, we don't agree on what's the best approach to stories. Colleague Mihaita Bamburic and I looked at the same Strategy Analytics numbers but reach different takeaways. He focuses on Samsung Galaxy S III shipments surpassing iPhone 4S during Q3. I latch on to something else: S3 shipments tripling in one quarter.

Samsung started selling S3 internationally on May 29 -- 28 countries to start, with expansion planned to 147 locales from 297 cellular carriers. The smartphone soft launched in the United States on June 21. According to Strategy Analytics, Samsung shipped 5.4 million Galaxy S IIIs during second quarter, more than tripling to 18 million in Q3. That's a helluva change, even for a new product shipping first time into the sales channel.

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Strategy Analytics reports that during third quarter, and for the first time this year, Samsung Galaxy S III shipments surged ahead of iPhone 4S.

The South Korean manufacturer shipped 18 million S3s, for 10.7 percent share in global smartphone share. Strategy Analytics states that Samsung's success can be attributed to a number of factors, such as extensive market availability, important operator subsidies and large touchscreen design. On the other hand, Apple only managed to ship an estimated 16.2 million iPhone 4S units globally, reaching 9.7 percent share, enough to lose the crown as the world's most popular smartphone.

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Does anyone really like to be bullied? Is arrogance something most people aspire to achieve, or behavior socially embraced? You know the answers. But these qualities too much describe Apple since its sudden success starting in 2010. The company continually sticks a middle finger in the face of competitors, judges, partners, the patent system and pretty much anyone or anything else. The corporate attitude is a disaster underway that, unless checked, will ruin reputation long in the making.

The Cupertino, Calif.-based company makes many of the same mistakes Microsoft did during the late 1990s. Apple's most valuable commodity is its brand, which is being squandered at alarming pace. For a company for which so much stock share value derives from perception, the risk is huge.

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As ordered by the UK courts, Apple has finally posted the statement regarding the outcome of its case with Samsung on the front page of its website. Except it hasn’t posted the statement as such, but rather a link to it, and as you’d probably expect by now, there’s much more to the posting than a simple apology.

Go to Apple UK and at first glance it will seem as if the apology has yet to be posted. However, scroll down to the bottom of the page and you’ll find this statement:

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If you’ve been following the story, you’ll know Apple was ordered to post a notice on its UK website and in several newspapers, stating that Samsung did not copy the iPad. After losing its appeal, Apple complied, sort of, by posting a statement as directed on its site. Only instead of it taking the form of an apology, it dwelt on how uncool Samsung products are, and how the UK court is out of step with the rest of the world.

Yesterday, the UK court told Apple to take down the "incorrect" statement and put up a proper apology (and on the front page of the site, rather than on a linked page), giving it 48 hours to do so. Today Apple has complied with the first part of the order -- removing the notice -- but the replacement is unlikely to make an appearance until just before the deadline expires. However, the new statement has appeared in newspapers today, and while it follows the court’s request, it’s the sort of thing that will have the already annoyed judges wanting to punch walls.

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I wondered whether UK judges would kick in the teeth of arrogant Apple lawyers. They'll need dental work now. Today, the Court of Appeal in London delivered a figurative fist to the face in response to Apple posting a court-ordered apology that was anything but -- and actually accomplishes the opposite of its intent.

In July, UK judge Colin Birss ruled against Apple in a case charging Samsung with copying iPad's design. He ordered Apple to post an apology on its website and in major publications, to help offset the public image damage inflicted on Samsung. The American company appealed and lost. That notice, posted last week, defies the spirit of the order, an appellate judge told Apple lawyers today, according to Bloomberg.

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Back in July, UK Judge Colin Birss ruled that "Samsung isn't cool enough to copy Apple." As a result, after losing the appeal, the Cupertino, Calif.-based corporation issued a notice on its United Kingdom website, but it's not what you'd expect.

Apple was supposed to explain to the visitors of its website that Samsung did not copy iPad design with the Galaxy Tab. Instead, Apple carefully placed the UK-based court in a bad light in relation to other court rulings from Germany and the United States. In the latter, Apple was awarded $1 billion in damages, with Samsung losing on both occasions as the copycat. Apple played the notice to its advantage.

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Rather than beat a dead horse by continuing "The Next Best Thing is Already Here" campaign Samsung is playing the cool card in three new commercials for the Galaxy S III smartphone.

If the idea is to deliver memorable video ads, Samsung probably is on the right track by highlighting various functionality in different contexts that actual customers can relate to (or at least wish they do). Let's take the working dad that is about to leave on a "Work Trip". The family walks him to the car, but just before leaving the kids say they made a video for him to watch on the airplane, which is shared afterwards using S Beam. Then the wife steps in and tells her husband that she also made a video that he "probably shouldn't watch on the plane," then yet again uses S Beam. Pretty cool without overdoing it.

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Another day, another patent story. After a spot of bad news for Apple, comes something good for the Cupertino, Calif.-based corporation. A United States International Trade Commission judge has decided in a preliminary ruling that Samsung infringed four of Apple's intellectual property patents.

The ruling will be considered by the full commission, with a result expected in February, but it’s an important, albeit early, victory for Apple as the ITC has the ability to block the import of infringing products into the US.

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Uh-oh. While Apple was launching all its new and improved products yesterday, bad news brewed in the background. I just hope the company hasn’t pre-emptively spent any of the $1.05 billion it was awarded from Samsung recently, because the US Patent and Trademark Office has just ruled that 20 patents relating to overscroll technology (the bounce effect that happens when you scroll beyond the edge of an image or document) are invalid, and that could spell problems for the Cupertino, Calif.-based corporation.

According to Groklaw, "the notorious rubber-band patent [Apple's] been going after Android with, has just been tentatively rejected by the USPTO on re-examination. Apple has two months, until December 15, 2012, to respond and try to save it".

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Apple today lost an appeal against the UK ruling that found rival Samsung's Galaxy Tab did not infringe its design rights. The original case, in which Judge Colin Birss declared Samsung’s tablets were not cool enough to be confused with the iPad, found in favor of the South Korean company and ordered Apple to publish a notice on its website and in various print titles (for a minimum of six months), informing visitors and readers that Samsung did not copy the design of Apple’s tablet.

The Court of Appeal’s review of the case upheld this ruling, meaning that Apple must comply with the original order. And just for a little additional salt/wound rubbing, one of the three appeals judges, Lord Justice Kitchin, stated that the typeface used in the notices must be no smaller than 14 point Ariel.

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Rarely since I started reporting tech legal cases 15 years ago is an appellate order so clear: "We hold that the district court abused its discretion in enjoining the sales of the Galaxy Nexus". More: "Reversed and remanded". Ouch.

Today, the United States Court of Appeals for the Federal Circuit rejected the preliminary injunction that US District Judge Lucy Koh imposed against Samsung Galaxy Nexus and sent the case back to her. Matters are worse for Koh and Apple, if this 18-page order foreshadows anything about the recent jury verdict against Samsung.

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They say the apple doesn't fall far from the tree. But it does.

Samsung's brand has recovered from a disastrous low, demonstrating the benefits of aggressive, compelling marketing and the pitfalls of a competitor's public product problems. Make no mistake: Samsung's snarky attack ads, which make fun of iPhone idolators, are as effective today as they were when first aired in November 2011. The perception change, which puts Apple's brand lower, also shows the damage done by iOS 6 Maps and dissatisfaction with the company's response.

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