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Samsung Wins Appeal Against Apple In Australia

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jpeyton

jpeyton

Moderator in SFF, Notebooks, Pre-Built/Barebones
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http://www.dailytech.com/article.aspx?newsid=23397

This decision has a good chance of influencing the pending case in the USA, where Apple is also trying to get a preliminary injunction against Samsung.


Locked by Moderator PM
The thread started out ok, but the last couple of pages of posts are full of a bunch of name-calling and mudslinging.

I'm just going the lock the thread today, but I find it disappointing that a lot of the Apple litigation threads descend into name-calling and get locked. While I can understand strong feelings on the subject, it is an important topic for the mobile industry and it's a shame that we can't discuss it rationally. To some extent the future of Android will be determined by several pending legal cases.

I'm locking this one but when the next Apple/Android/Oracle legal thread pops I'll put up a warning in it that these posts about trying decide which side is more fanatical won't be allowed, and this ban on name-calling will be more rigorously enforced by the moderators.

Moderator PM
 
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Finally, they hired some lawyers that have functional eyes.

The German ruled that Galaxy Tab 10.1, 8.9, and 7.7 all looked too much like the iPad in their "minimalist" designs and a preliminary injunction was put in place.

Rather than fight the patent as Samsung has done in cases where Apple asserted technology infringement claims, Samsung simply gave its tablet a makeover, changing the frame and back panel slightly and moving the positioning of different elements. The result Galaxy Tab 10.1N design aired earlier this month.

Apple apparently was not satisfied with these changes.
Click to expand...

The sheer idiocy from the courts in statements like this still makes my blood boil. Black/Silver coloring, rounded courses, touch screen interface, etc. Their complaints cover all tablet systems made in the past decade.

Its such a shame for the customer too because Samsung actually makes an excellent tablet in their Galaxy Tab lineup. We all lose because Apple thinks they own patents on basic, generic things.
 
Good, apple shouldn't be allowed to abuse the patent system this way, especially the design patent for a design that is "stolen" (as Jobs would say) from 2001 and Star Trek TNG.
 
Still only removed the preliminary injunction. The main court proceedings to determine whether or not a permanent injunction will be levied against the device are still ongoing. Florian Mueller has a detailed writeup as usual that discusses some of the implications.
 
Bateluer said:
Finally, they hired some lawyers that have functional eyes.

The sheer idiocy from the courts in statements like this still makes my blood boil. Black/Silver coloring, rounded courses, touch screen interface, etc. Their complaints cover all tablet systems made in the past decade.

Its such a shame for the customer too because Samsung actually makes an excellent tablet in their Galaxy Tab lineup. We all lose because Apple thinks they own patents on basic, generic things.
Click to expand...

You serious? The Galaxy Tab is a mirror image of the iPad. I don't understand how you can't see that. The galaxy tab design is not generic, its a copy of the iPad. However, the new Galaxy Tab with a different trim does look different and Apple should be satisfied with that.

As for tablets looking the same for the past decade?

tablets-before-and-after-ipad.jpg


Um...no, tablets were quite a bit different back then.
 
Oyeve said:
And none after look like the ipad, so whats your point? I mean only a stupid asshole would say any of those look like the ipad.
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Reread my post

I was replying that the complaints does not cover all tablets for the past decade because they look different. The galaxy tab is the only tablet that looks like an iPad.
 
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WelshBloke said:
But it doesn't really. Its a different shape.
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And it doesn't have a physical home button on the bottom center like the iPad. The only way they look the same is because they both have black bezels and are shaped like a rectangle... which is precisely what makes Apple's lawsuit games so idiotic.
 
Red Storm said:
And it doesn't have a physical home button on the bottom center like the iPad. The only way they look the same is because they both have black bezels and are shaped like a rectangle... which is precisely what makes Apple's lawsuit games so idiotic.
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Differently shaped rectangles at that.

I'll admit that you can get them both in black though.
 
MrX8503 said:
You serious? The Galaxy Tab is a mirror image of the iPad. I don't understand how you can't see that. The galaxy tab design is not generic, its a copy of the iPad. However, the new Galaxy Tab with a different trim does look different and Apple should be satisfied with that.

As for tablets looking the same for the past decade?


Um...no, tablets were quite a bit different back then.
Click to expand...


Sure, maybe they did copy the look of the tablet, but nothing else feels like iOS
 
MrX8503 said:
You serious? The Galaxy Tab is a mirror image of the iPad. I don't understand how you can't see that. The galaxy tab design is not generic, its a copy of the iPad. However, the new Galaxy Tab with a different trim does look different and Apple should be satisfied with that.

As for tablets looking the same for the past decade?

tablets-before-and-after-ipad.jpg


Um...no, tablets were quite a bit different back then.
Click to expand...

Hey look, i can cherry pick as well!

tablets_before_and_after_ipad.jpg
 
MrX8503 said:
You serious? The Galaxy Tab is a mirror image of the iPad. I don't understand how you can't see that. The galaxy tab design is not generic, its a copy of the iPad. However, the new Galaxy Tab with a different trim does look different and Apple should be satisfied with that.

As for tablets looking the same for the past decade?

tablets-before-and-after-ipad.jpg


Um...no, tablets were quite a bit different back then.
Click to expand...

samsungt.jpg
 
Apple will sue if any device comes with a magnet, oh what, they did that already even tho RIM has done it YEARS before apple. Like, 10 years.
 
dainthomas said:
Haha, owned.

Won't be long before Apple sues for using the color black or white.
Click to expand...

How about we look at tablets specifically made by samsung before and after the iPad?

samsungvsapple.081911.jpg


Hmmm, those before and after iPhone and iPad shots are pretty damning. I truly can't understand people who seriously say that samsung didnt copy any design elements from apple. You have got to be blind. Should they be punished for it? I think to some extent yes. But not to the extent that apple is trying.
 
poofyhairguy said:
samsungt.jpg
Click to expand...

Umm, hate to tell you this, but that's a digital picture frame, not a tablet. 😵

If you guys can't admit that Apple defined the modern tablet market, and other makers fell all over themselves trying to copy them, then you're too intellectually dishonest to be taken seriously in this area of discussion.
 
poofyhairguy said:
samsungt.jpg
Click to expand...

Even this is a disingenuous example. Once you show a side shot of the device, it ends up looking nothing like an iPad and more like these images.

12-1283VSideView_sm.jpg
samsung-photo-frame-review-back.jpg
samsung-spf-87h-side.jpg


Also, for whatever reason these posts tend to miss that for these design patents to be upheld, there needs to be a lot of overlap between the two devices. Having a similarly designed front might be enough to get the case into court, but it's not enough to guarantee a victory. Apple has argued that the similarities go beyond the hardware and also cover things such as icon design and packaging.

Every time this topic gets brought up, 90% of the posts just rehash the same images. The discussion really needs to progress beyond that point or it just devolves into the same pettiness from all sides.
 
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