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Surprise! Apple-Samsung Fight Is Not Over

NEW YORK ( TheStreet) -- This is America, land of the free and home of the litigious, so the media should have known the Apple (AAPL - Get Report)- Samsung fight wasn't totally over.

From sea to shining sea: where there is a lawyer, there is a way.

Round one, of course, of the Apple-Samsung brawl, culminated way, way back a few days ago, with judgment from the media immediate: Apple had won, Samsung had lost -- and Microsoft (MSFT) and Nokia (NOK) also won.

End of story.

Until round two.

The Wall Street Journal appeared the first to give traders a real sense of how the fight will play out over time with an article titled: "Samsung Will Fight Efforts to Bar Sales of Smartphones: Apple's Pursuit of Court Injunction Will Be Contested by 'All Necessary Measures'."

Samsung, while still a loser, will fight back on several fronts. They have a myriad of options, as the Journal makes clear. Samsung will file appeals and motions to stop any injunctions. Moreover, they'll modify products to rid them of their patent infringing features.

Make no mistake about it: Samsung lost. But their loss -- and Apple's victory -- may be a little less complete and simplistic than the media, always obsessed with pairing clear-cut winners against losers, first portrayed.

This is America, after all. Where there is a lawyer, there is a way.

At the time of publication, Fuchs had no positions in any of the stocks mentioned in this column.

This article is commentary by an independent contributor, separate from TheStreet's regular news coverage.

Marek Fuchs was a stockbroker for Shearson Lehman Brothers and a money manager before becoming a journalist who wrote The New York Times' "County Lines" column for six years. He also did back-up beat coverage of The New York Knicks for the paper's Sports section for two seasons and covered other professional and collegiate sports. He has contributed frequently to many of the Times' other sections, including National, Metro, Escapes, Style, Real Estate, Arts & Leisure, Travel, Money & Business, Circuits and the Op-Ed Page.

For his "Business Press Maven" column on how business and finance are covered by the media, Fuchs was named best business journalist critic in the nation by the Talking Biz website at The University of North Carolina School of Journalism and Mass Communication. Fuchs is a frequent speaker on the business media, in venues ranging from National Public Radio to the annual conference of the Society of American Business Editors and Writers.

Fuchs appreciates your feedback; click here to send him an email.

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