Samsung found guilty of most patent-infringement charges from Apple. Fined $1 billion.

WP Central

Samsung got served.

With a slow day suddenly getting very exciting, the jury-verdict for the Apple versus Samsung case is just coming in over the wires.

Like the trial itself, things are quite complicated as the verdict is spread over various devices, including the Captivate, Continuum, Showcase, Gem, Indulge, Infuse 4G, Mesmerize, Vibrant, Galaxy Tab and others.

What is clear though is this: Samsung has been found guilty on almost all counts with only a few device exceptions.  Surprisingly, the Tab 10.1 did not violate Apple’s patents in regards to the iPad, which is a somewhat unexpected finding seeing has it has been found to do so by other courts.

Meanwhile, Samsung was not able to prevail on any of its claims of patent violations by Apple—a seemingly crushing blow. In addition, Samsung was found to have purposefully attempted to confuse consumers with their designs, a finding of intentional (as opposed to accidental) patent infringement.

The jury just awarded Apple $1.05 billion in damages.

How this will affect Windows Phone will of interest to our readers. It certainly will have ramifications for the industry as a whole, including Android, what Samsung chooses to do next, innovation away from Apple designs and perhaps OEMs getting behind a more “protected” OS from Microsoft. Microsoft (and Windows Phone) are not targets by Apple as both companies have cross-licensing agreements in place, ensuring that our devices should be in the clear of any patent claims.

One thing that is clear right now: things are looking very bad for Samsung with these jury decisions.

See more coverage an analysis soon here at Mobile Nations via Android Central and iMore.

Source: All Things Dthe Verge


Reader comments

Samsung found guilty of most patent-infringement charges from Apple. Fined $1 billion.


I'll give Samsung up to $500 to pay Apple to ease the pain. Just as soon as the W8 GSIII lands on T-Mobile USA.

+1 can't wait for that phone. I wanted Nokia but why go from a radar to 710 wp8 phone? The odyssey so far has my biggest interest.

The question is... how will the Galaxy S IV look if Samsung has to overhaul their UI in 2013? Will Android sell as well? They will likely put more focus on Windows Phone 8. This ruling leads to a huge opportunity for Microsoft to gain some much-needed traction.

Doesn't this decision have the effect of marooning existing Galaxy 3 users with an existing OS that needs to change?

I'm totally supporting Apple here - they actually have a valid case here (and it might turn out to be a good thing for Windows Phone).
Now the question I have: since Microsoft has a patent agreement with Apple that prohibits them to clone iOS, do you think this is what forced them to adopt Metro? Or do you think Metro was there first? It might turned out that Apple shaped Windows Phone way more than we thought!
I do remember seing unreleased Windows Mobile 7 and it was very iOS-like back in 2008.

Actually, before WP7 the OS looked very similar to ios. Apple wasn't the reason Microsoft needed a big change, they were behind and needed something fresh and not an also-ran.

Microsoft and Apple do have a cross licensing agreement (and do not copy us, which means you won't see live tiles or something similar on an iphone). most headlines were Microsoft can't copy Apple, but it's a two way agreement and if you compare the way IOS and WP look, the one that's new and exciting isn't Apple's

I thought most of these patents were invalid long before this law suite. I also don't see how it's worth 1 billion. slide to unlock? multi touch? (which existed long before the iphone).
The most ridiculus part is the "different icons in a grid" patent. which not only shouldn't be a patent but existed long before Apple's iphone. Even Samsung had a media player that was released a year before the iphone. the just wouldn't allow it because it wasn't a phone (a mistake by the judge, since these devices do fall in the same category and phone calls are just one small feature that doesn't even work that well on iphones)

so yes, this is good news for WP (pending the inevitable appeal, which might not be in Apple's backyard), but I don't think it's great news for Apple (who will now fight everyone over these outdated designs instead of innovating, that didn't work out so great with OSX)

The judge didn't allow Samsung Media Player, because either she doesn't know anyting about technology or she doesn't like Samsung. Judges can be bias too!

You think a Korean American Judge will side with Korean it will be obvious, and I stated that most judges can be bias.

right, so in an appeal, if they can prove it was a mistake not to allow it, it can change the outcome of this case. that's why it's too soon to jump to conclusions about what this means. the only way this isn't appealed is if samsung and Apple come to some licensing agreement, which is unlikely

Its not about what technology existed before, its about who has the patent for it. I am talking about the icons in grid.

that's not true, if you can prove prior art it invalidates the patent. they basically move the burden of proof to the company sued from the patent office

WP7 inherited it's UI from Zune. They've tried iOS style icons with WM6.5, but it was just junk and too clunky. WM6.5 was like what Windows 8 is now, a shiny new touch friendly start screen on top of an older style OS, along with it's own marketplace. I'm not saying Windows 8 will be junk, It's just a mix of old and new that can be confusing. It doesn't meld everything as perfectly as it should. You have a feeling that there's a wall there.

Imagine a world where every company acted like Apple, the iPhone wouldn't even exist. The US patent system is fucking bullshit; you should not be able to patent software ideas, or ideas at all for that matter. Before Apple joined the business, this crap was a non issue. Look at these examples you fucktards.
First to add a clock to the phone; first to add a music player to the phone; first to add custom ringtones; first to add data connection; first to add mail; first to add password; contact list; games; camera; keyboard; memory card; calendar; etc etc etc... Apple is a fucking disease. I usually don't care about shit like this, and I didn't even know I hated Apple until recently... One more thing... There is a very small company here in Sweden which is established since the 50's; Apple has threatened this company with a lawsuit unless they change their name. These fucking fruits threaten them because their 60 year old company is called IPAD. Apple needs to go away! (written on my phone, may look ugly on computer)

Hey, tell us how you really feel...don't hold back!
The laws need changed, I totally agree, but they serve a purpose. If you were a small company and created a brilliant idea, you think anyone who's bigger should be able to copy it without compensating you, and that would be ok because the idea of protecting a software implementation is wrong? Or is it ony wrong because it's Apple who isn't a small company? 

Wonderful.... These donkey-courts upheld Apple's delusional belief that it has a partner on everything from the circle to the color white.

Apple has valid patents here, on things they actually invented themselves. The 'look' patents weren't the main part of the case.

You clearly have no respect for intellectual property. I hope you have a good day and try not to notice just about every single product in your life which designers stayed up long nights to create.

common, which patents that Apple sued for were actually theirs? multi-touch? existed before. slide to unlock? bounce back? seriously?

if anything, this just shows the issue with the patent system in the US. Apple doesn't have many real patents because they don't really innovate. they come in and take existing things and remix them into a nice sellable package.

What they're really great at is PR. for example buying an app like siri and running a campaign that makes everyone think they invented speech recognition (which isn't even something siri does)

and don't get me wrong, Samsung definitely copied the iphone. It was obvious when those devices were released. That's common practice though. Apple copied plenty of other companies. there's a reason al TVs DVD/BD plyers, stereos, etc. always looked the same

Tell me who did bounce back first? Samsung's million-dollar lawyers couldn't find any worthwhile prior art.

I didn't claim bounce back existed before, but that's a ridiculous patent and shouldn't be accepted in the first place.

The other stuff existed long before. Apple didn't invent anything new really. they never did. They actually sued Microsoft over the GUI interface which Xerox invented. It's not the first time Apple's delusional leadership decided they invented something.

Apple found something they like and now they don't want anyone else to have it. it's like preschool kids hogging some toy that isn't even their's


"I didn't claim bounce back existed before, but that's a ridiculous patent and shouldn't be accepted in the first place."
And why is it ridiculous? You have absolutely no backing for your inane statements. It's all vitriol and insults with no substance.

And the circle is a naturally occurring shape, so the invention of the wheel should be discredited as obvious.

Sorry, it is a ridiculous patent.  It's a great example of what is wrong with our patent system, actually.  We issue patents for the most trivial, non-innovative things.  Then these companies with their many lawyers can muscle out the little guys by threatening to sue them over such inventive features as pressing a button on the phone to make a call or having a button on the front that takes them back to the previous screen.

You've done nothing to prove that it is ridiculous. Just because it's obvious in hindsight does not mean it was obvious to the person who first brought it to the iPhone.

errr. It's actually not even about the aesthetic and functional details here. Despite Samsung copying specific features, the main problem is how samsung layed it out to make it look like iOS. Squares, round corners and icons can only go so far. The reason Apple is focusing on Samsung only is because not only did they copy specific details of different features (icons, etc), the layout looked exactly like iOS after they released the first  Galaxy after the iPhone. before the iPhone Samsung phones looked like Nokia.

It's not about what detail they copied or not but their attitude towards innovation. yes multi-touch, no buttons, icon grid, they all existed before the iPhone, but the iPhone is what made it standard in the mobile business, and everyone else followed. Samsung didn't follow but just cloned. 

It's even less than that.  $1.05 billion which I think is 1,050,000,000 - $450 million less.  And you are right that Samsung could pay a lot more than that.  

Oh damn,...this is a (negative) game changer. All of us are going to feel the repercussions of this decision,...

I said this in the forums over week ago and it came to pass! Maybe now they will put some effort behind WP :-D

Wow!! I never saw the comparison besides the icon grid ( which was just the drawer for apps) and the curved corners. But that's just enough to earn you 1 billion dollars.

I won't say I'm surprised by this outcome. Innovation need to start coming from somewhere other than Microsoft and Apple. Innovate don't duplicate.

I agree 1.5 billion is nothing and these are older devices as well. The S3 and S2 do not count as far as I can tell as well as there Gtab. I think Samsung got over and Apple lost. Do you think Apple will sue for more? Samsung has that 1.5 billion in the ashtrays of there ferraris....lol

Tricked people? If it says Samsung on the box and phone then its not an iphone. If the parts inside it all say samsung on them and the screen is absolutely tiny then its an iphone.

That's what I don't get. I look at a Samsung phone and in no way does iPhone come to mind other than both being smartphones. And I'm quite sure most people with common sense aren't confused as well.

I'd like to think that Apple's closing arguments - where they showed the Lumia and Xperia - helped sway the jury some (if not a lot) :)

Maybe today that the case is closed some people from the jury will run to by a Lumia device they've just seen :D

Sucks to be Sammy. Major blow to Google and Android. Analysts are correct, WP will rule the roost in a few years.

One billion? Agreed..chump change...the galaxy s III will easily recoup that back and then some...just keep making wps Sammy and im still.gonna give you my money :D

 But none of their current devices are affected, which means they are basically being punished for old mistakes. Or was the SGS III just not available at the time of suit?

Wow that sucks for Samsung the other oem's better take note this wouldn't have happened if they invested in WP oops o well.

None of the infringement on this case had to do with android. It was Samsung's "inspired" hardware design and their modifications to android to make it more Apple-like at issue. While I am not an android fan, and agree with Samsung's own internal documentation that the Iphone was their design inspiration, this particular case was not about android or google.

Everything to do with Android. Samsung and HTC love it because it precisely gives them the ability to do what has gotten them in trouble. They just realized Android is more trouble than it's worth and not free at all.

You're confused. Android didn't have an app drawer that emulated the iphone start screen. Nor did google mandate hardware that traded on the success and innovation of the iPhones hardware design. I don't like google, and wouldn't own an android, but they are not at fault here.

Keep saying that to yourself. It's painfully obvious that every single device in question is an Android phone. Coincidence? My point is that Android facilitated Samsung to emulate the iPhones start screen. Because that is exactly what Android is all about, giving OEM's the ability to skin the UI to their hearts content. It is the reason Samsung chose to push Android, because they sure as hell couldn't do what they did with a say...Windows Phone.

The painfully obvious fact of the matter is that THIS case is all about SAMSUNG's intentionally copying of the the IOS start screen in the app drawer that SAMSUNG created and put into hardware that SAMSUNG designed and produced that "borrowed" heavily from the r&d of apple's iPhone. Notice that nowhere in there, or in this trial, was android mentioned. If you insert android into the discussion it's because of YOUR distorted views and bias.

CNN is reporting that both company's infringed on each others patents 33,000 for apple 22,000 for Samsung is this the same ruling of today or is there different trials going on

i wonder how much 1 billion compares to Samsung's cash reserve? i know alot of ppl said its pennys to them, but like seriously 1 billion is still alot of money, and another questions is are there any ruling on bans or future phone issues? (like easier for apple to sue?)

the phones in this lawsuite are not being sold anymore. not sure if these same patents will be an issue with newer models or not. we'll find out soon (Apple would probably file another lawsuite if Samsung doesn't settle with them). of course, Samsung will probably appeal this decision

its not about how much money they have left, the CEO will be pissed about the loss. Remember, corporations have one and only one goal, to make profits

Had a galaxy phone before not as boring as iPhone better phone had lot of friends ditch iPhone for it. Go windows phone!!! Try to sue that

I don't think anyone is suing over WP anytime soon. one reason is of course the market share, not enough users to make it worth while to sue.

The other reason, Microsoft has one of the stronger IP portfolios out there (as does Nokia) which is why they have licensing deals with a lot of competitors.

yes facebook might of paid that for instagram but thats because there is a profit in aquiring a company not in giving away money with no hopes of a return.

I have seen the pictures that compare the front face of the Samsung Phones and iPhone... and sure, it's a damning argument, but come on... turn the device around, pick it up and use it... anyone would see that they're really not that alike... in terms of hardware.

However, I believe the real issue here is Android more than Samsung, and I find it unfair that Samsung is the one footing the bill for Google's theft. Google has refused to cooperate with the industry in patent licensing and has used open source as an excuse to clone and improve on iOS. But then, there's why I support Google... Just like Microsoft before them, they took a good idea, reinvented it and improved it in ways that people embraced, and ultimately they gave users choices and control over their destiny.

And that's what this is really about. Once again, Apple is about to be rendered irrelevant after tying people to a closed, hyper-controlled ecosystem after someone else gave users what they wanted, and now Apple has to cry about it. But the tides have turned since they challenged Microsoft, and Apple is the winner this time. Should they be? Hell no.

Anyone claiming to support Apple on this because IP theft is bad for consumers is full of crap. I'm a pro-business kind of guy, which means I'm pro-choice. I'm pro-consumer choice. Taking down your competitors through litigation instead of in the marketplace (of which you are STILL a dominant force), is the coward's way out. It screams, "we know we don't really innovate... we just blow smoke and mirrors up your *** and hope you fall for it."

And not only that... but they should have gone after Google, not Samsung.

BUT, I will say this... this may be a victory for Windows. As Apple goes up against other Android handset makers, they are likely to turn to Microsoft for the more protected solution, and Google will fall as a result... unless, of course, Google truly reveals something original.

I just posted this also-the home screens of ios and andriod are nearly identical, regardless of what they look or act like past the home screen. Why doesn't Apple go after Google?

I think they chose Samsung, because they were an easy target... they were defiant in cross-licensing deals, and they were (at the time the lawsuit was initiated) a much smaller threat. In fact, their success since the case started has only served to hurt them. That said... Apple vs. Google is Giant vs. Giant, and you can look for Apple to go after other Android handset makers now... and if they continue to succeed, you can expect a vs. Google fight at the bitter end.

apple doesnt go after google because google dont sell android, it is open source software and hence they make no money from it, this has been discused at length before, samsung and the OEMs sell the phones and profit from them.
The same thing applies with microsoft going after the oems with licencing deals rather than google.

actually, it's the home screen on ios and the app list on android. the home screen on android is widgets that can have different size. yes, you can arrange app icons and it will be similar to ios, but not exactly the same

Those two screens also look like many feature phones and media players that existed before the iphone. I think that one Apple actually lost today

1 billion dollar, that's the estimated revenue Micorosft makes every year on Android devices sold.

Nokia is also suing Android manufacturers, and with this (ridiculous) Apple win today, it might get really expensive to build Android devices

The fact is, it should cost more to build android devices. But its cheaper when half the stuff you put in those devices are a result of theft of property. Must be nice to steal directly from another cat and never see the inside of a jail.   Wouldn't it be awesome if Samsung were to turn around and go after google?

Well said Apple is like a little Kid when their losing they want to take their ball and go home and try to stop the competition Grow Up

I don't know its almost not fair for Samsung because for the jurors its one thing to look at a phone and say "Oh yeah it looks the same based off these pictures" its another thing to try and argue to them how the technical doo-dads inside are stolen when its all based on technical information.  To do so in the same case is probably impossible.

Agreed imagine if the car industry worked like this? Ridiculous. Im 50 50 on this one. Apple are apple on this, but Sammy really should have struck a deal if they were going to sail so close to the wind.

Finally the Verge can start covering something else !!
And the Rest of the Phone World can move on with WP8!!!!!

Just watch how fast all the licensing fees start piling up for android. All of a sudden WP is a bargain to license along with patent protection that google doesn't provide.

Let's see, we have
Microsoft is getting 9-15$ per Android device sold
Apple wants 30-40$ according to douments released during this trial. but if you don't use too much of their patents, you might get it for less.
Nokia sued Apple and won, they're going after HTC now and the others will be next (they have a big high quality patent portfolio)
anyone else out there?
Android, the 'free' mobile OS will soon be the most expensive one, which means no more cheap android devices and a same specs windows phone might be cheaper with the same subsidies

I'm not sure they can stay in business. their stock dropped more than Nokia's. maybe Motorola, which has a bigger IP portfolio

Well, many of us know that many of the parts used to manufacturer the iPhone are Samsung. Do you think they will deal with this separately or could Samsung retaliate and kill that agreement? That would be interesting!

If I were Samsung I will jack the price of hardwares of iphooh and let Apple shove it to consumer and no one will buy their over over overprice products.

Then apple being apple will pack up their toys and go to elsewhere for their parts. Is a tit for tat war worth that much to Samsung?

Don't u think that Samsung earns quite a bit from making parts 4 Apple? S/o will happily fill this spot, unfortunately, if Samsung terminates the agreement

Ah damn, was really hoping the court would do a south korea and fine them both large sums. I really don't think any comsumers were confused by the similarities and these patent suits need to stop.

I read an article some time ago that showed the products that influenced the design of Apple products. I had no more than a passing interest at the time, but would like to take another look at them to see how close Apple's products design really were "influenced"

Samsung got what was coming to them, but, Apple isn't going after google or android. Those Motorola patents basically make that a non possibility. They'll huff and puff, but in the end, they'll reach a licensing agreement and set their behinds down

I'm not so sure of that... Don't you think if that were the case, Google might be more inclined to step in and help defend their product?

I just realized that my Wallet fits in my pocket, is rectangular with rounded corners, and has a touch activated UI. I thought I had bought an iPhone! Who do I sue over this?

Sammy will never end up paying a penny of that award. Besides the obvious appeal Sammy will make they can, and would cutoff AAPL from there hardware components. Can't make an IPhone if you dont have the parts....

sure, they'll have another division which acts like a different entity stop selling to their #1 customer and lost the 10 billion dollar contract because of a 1 billion fine.
not to mention, Apple has started using other suppliers in the last couple of years, don't know how related to these legal issues that was.

If they can't win an appeal, they'll pay this amount. it's not as bad as it could've been and their newer devices no longer look like clones of iphones.

I was hoping we've heard enough of this now, but I guess there will be appeals and whatnot following.
I think it's very likely that Apple isn't actually that worried about patents, but more that they see Samsung as the most serious competitor because they have resources like no one else in the business. They have their own semiconductor foundries and can make their own processors and storage, and on top of that they are in the front when it comes to display manufacturing. But, of course, Apple can't go to court saying "they are much better at making stuff than we are, make them stop", so instead they have to try to convince the courts that it's similarities in the products that could hurt their profits.

I will.... I'll also see products that people claim to have invented and did nothing of the sort.... just like 90% of what Apple pushes down our throats. They want to cry about people copying their iOS layout? Microsoft used 'icons' long before they ever even imagined them. So maybe they should be shelling out zillions to Microsoft for their obvious decades of copying their 'icon' innovation.

Samsung needed to be burnt a little (1 billion!) to learn a few lessons. They just copy whatever makes money at the moment and then ruin the market for the original designer. This kills creativity.
Samsung is quite capable in designing the guts of technology-based devices (hard disks, AMOLED screens, chipsets, etc.) but when it comes to designing the facets, they just become coyotes.

This will teach them. The verdic actually made my day!

This will get appealed and when it is Samsung will be bringing up a lot of bizarre rulings by judge Koh in the case - their mistake was not to move to have her removed early on when the bias became clear. If you look at the way Samsung was not allowed to show evidence of prior art and also the jury instructions this result was predictable. 
That said I do think TouchWiz looks too much like iOS. Samsung could protect itself by just using stock Android 4.1 Jelly Bean - the UI looks nothing like iOS - or even better drop Android and use WP8. I do understand the issues a lot of OEMs had with WP7 having goofy limitations and also not supporting real "hero" type hardware. But it sounds like WP8 will not have those issues and will be full featured and support truly modern hardware.

I'm pretty glad with this outcome. Allthough I'm not a Apple supporter, I do believe that shitty stolen crap called Android should be wiped off the face of the earth. Steve Jobs was determined to kill Android because it was (and still is) a pure shameless copy of the iPhone. And I must say I agree. And the copying is even poorly done too.
I have a Samsung Galaxy SII for my job (unfortunately those suckers at the office chose this piece of junk while they could have chosen a Lumia) The UI is totally iPhone based and lots of elements are straight copies from the iPhone UI:
- The icon grid with the 4 icons on the bottom in a 'dock'

- The notification center which you have to pull down just like the iPhone/iPad
- Icon folders.
- Notifcation icons and notifications are basically the same
- The design of the icons
- Various homescreens. Also the same
Etc. And besides this, the phone's quality is crap. It's a lightweight plastic cuttingboard which will break if you drop the thing.
I also believe other Android manufacturars should be taken down for using Android. The system is slow, it's very unsafe and, as far as I'm concerned, the most user unfriendly mobiel OS. And it's not normal to steal stuff. Company's should innovate, not steal from each other.

Correct me if I am wrong!
1. Icon Grid and Dock are prenset in ancient Windows Mobile phones... i.e. those which came before first iPhone. Also Dock is very common is desktop enviroment... its a natural thing... allowing to patent is really a stupid thing by US patents
2. I think, the notification center (pulling it down, from up) is actually Andriod first and then came in iOS... so Apple copied it!
3. Some notification icons like WiFi, Bluetooth, etc are industry standard icons... so cannot really call them as copy! (Samsung may still have copied others... but most of these are common like alarm, email or battery etc... high chance they look a like)
This is problem in general... most people think what Apple did... is first ever to be done in the world!
For ex: The split keyboard in iPad (latest iOS for iPad) is a rip off from what Microsfot demonstrated in CES-2011 (or before) for their upcomong OS which is Win-8
Look at this http://www.letsgodigital.org/images/artikelen/47/samsung_digital_photo_frame.gif
It has Rounded Rectangle shape, don't iPads look like it? btw... Its released in 2006  http://www.letsgodigital.org/en/news/articles/story_6854.html
Fact: Apple has too much power in USA, and, importantly, US Patent rules are pathetic!
Samsung may have copied Apple, but most of the patents are ridiculous.

Sometimes when two guys fight... third person is beneftied... Mircosoft (Nokia/WP8) might be the third person!

I guess Samsung and others can just make a note on the back of the phone like store brand food products. " compare to iPhone". See back panel for further information".

Rant #1. Apple have never invented anything in their lives. Their phone has an old fashioned design. Do they keep the boring design or choose a new design infringing on someone else phone?

Rant #2. Google should of done more to protect Samsung in the first place. Samsung may just promote WP reducing android customers. This will reduce googles revenue through advertising through free apps. But they don't care, they allow anyone to build android products. No standards

The next battle will be Apple vs Google. If Apple wins on that one, Microsoft has much to gain. Typical MSFT strategy - stay back and let the competitors fight their way out of competition then pick on the weakest left behind.

You're dead right here and it just shows that the year of the Dragon is the year of MSFT. OEMs will be rushing to put out windows phones.
In the long run Apple will deeply regret this day. They've just set up MSFT as their main rival in mobile and at the end of the day MSFT will clobber Appe again. Why so confident? Simple the MSFT model of multiple OEMs will always win over Apples one producer model.

This is just typical American bullshit suing culture. You don't see car manufacturers suing each other because both cars have 4 wheels & look similar. I hope Samsung disputes the fine.

Honestly if they went the windows phone route full on with out android , apple might have left them alone and just took it all out on google.

It's very difficult for Apple to go directly after Google.
For one, Google can claim that since they give Android away for free, they don't directly profit it.
Sure, they do indirrectly, but that's a very difficult argument to make to a jury.

Looks like prior-art was skipped over in favor of a quick verdict.  Slashdot has some interesting links to Groklaw, Cnet, and a few other places talking about it.  It's a no brainer that Samsung will appeal this case, but with comments like the one given by a juror, an appeal may turn out in favor of Samsung.

If other vacuums can copy Dyson's cyclone technology, why can't other phones copy squares with rounded corners? I guess this is why there two camps in this case.

So, when the iPad Mini come out, will Google, HTC, Samsung, Asus and other 7" hardware manufacturers get to sue Apple?