Samsung Wins Appeal Against Apple In Australia

[zsdersw]

Reread my post. You made the same mistake as Oyeve.

As for the Touchpad, I'm not arguing on whether or not the Touchpad looks more like an iPad. You're avoiding the question and diverging.

The Touchpad doesn't change the fact that Samsung has copied Apple from packaging, chargers, to its design. So if HP copied, so what, so did Samsung. There are many other tablet manufacturers out there that didn't copy Apple, but those that did (HP) doesn't give Samsung a pass.

The Touchpad does look more like an iPad than the Tab.. yet HP wasn't sued by Apple as a result. Apple's decision to sue seems to hinge more upon how well the competing product sells or how popular it is than any overall product similarity.

 

[Blueychan]

Cheers for Samsung Innovation .... YAY!

 

[manly]

Lol even the Chinese would be proud of Samsung's fidelity. 😉

Of course it's said imitation is the sincerest form of flattery.

 

[Blueychan]

Is It Easier to be a copycat?

 

[Blueychan]

Aww just one more ...

 

[Mopetar]

The Touchpad does look more like an iPad than the Tab.. yet HP wasn't sued by Apple as a result.

There's a pretty big difference between HP and Samsung in that HP essentially put its device on fire sale shortly after launch and has ceased production whereas Samsung seems as though they'd actually like to continue making tablets.

For all we know Apple had lawyers working on the necessary court papers, but decided not to bother after it became apparent that HP was getting out of the tablet game. There's no point in hitting someone with a cease and desist if they've already ceased and desisted.

 

[theeedude]

They called elements of Justice Bennett's reasoning for her decision "grossly unjust" and complained that she "misunderstood and misapplied" the basics of Australian law regarding preliminary injunctions, according to Australia's Sydney Morning Herald.

Hopefully that sends a message to other judges to be more skeptical of Apple's assertions than that dim bulb.

 

[Mopetar]

And the ban has been extended for another week. At this point I think that even if Samsung ultimately wins the lawsuit, they still end up losing. With the Prime coming out in the next few weeks, even if Samsung can sell the Galaxy Tab, would anyone want to buy one?

 

[MrX8503]

The Touchpad does look more like an iPad than the Tab.. yet HP wasn't sued by Apple as a result. Apple's decision to sue seems to hinge more upon how well the competing product sells or how popular it is than any overall product similarity.

I'm not here to talk about the Touchpad. Whatever HP does, is their business. I'm saying that the Tab looks a lot like the iPad for reasons that's already been hammered to death. Whatever Apple's reasons, legit or not, Samsung copied Apple.

 

[QueBert]

Damn Samsung haters are really grasping at straws with the pics posted here. I mean COME ON! Samsung's USB cable + wall charger are BLACK and Apple's are WHITE.

I've never seen the Galaxy Tablet USB cable before, forget the fact it looks exactly like Apple's, WTH does it not have the standard micro USB connector? Christ on a stick Samsung might as well change their name to Apple Jr. And Touchwiz is maybe as big of an iOS rip off as Miui is.

 

[Blueychan]

They aren't identical in size.

They aren't identical in shape.

They aren't identical in software.

They aren't identical in appearance (where's that iconic Apple home button on the Galaxy Tab?).

What they do share in common is that they are both rectangular shaped devices with black bezels. So what are you saying Apple owns here? The rectangle? Black bezels? What about the white iPad, does Apple also own white bezels too?

They also have completely different names (alluding to the pointless pictures in your previous post).

This might be the dumbest post ever ... So stupid I couldn't even reply.

 

[zsdersw]

There's a pretty big difference between HP and Samsung in that HP essentially put its device on fire sale shortly after launch and has ceased production whereas Samsung seems as though they'd actually like to continue making tablets.

For all we know Apple had lawyers working on the necessary court papers, but decided not to bother after it became apparent that HP was getting out of the tablet game. There's no point in hitting someone with a cease and desist if they've already ceased and desisted.

Apple would've known about the Touchpad long before it was actually launched and would have had plenty of time to start the wheels of legal action in motion if they were actually interested in doing so.

Apple, Samsung, HTC, etc. all know about each other's products well in advance of them actually hitting store shelves.

 

[zsdersw]

I'm not here to talk about the Touchpad. Whatever HP does, is their business. I'm saying that the Tab looks a lot like the iPad for reasons that's already been hammered to death. Whatever Apple's reasons, legit or not, Samsung copied Apple.

I didn't know you would ever be willing to consider any of Apple's legal actions illegitimate or unjustified.

What do you think of their letter to the German cafe that used an apple for its logo that looks nothing like Apple's logo?

 

[WelshBloke]

Screen size is probably pointless as that's a functional aspect of the device. I probably should have been more careful specifying that I meant device size. Bezel width, style of corner, etc. may have some merit to it, but that's just my own opinion, which leads me to another point.

A big issue with this whole debate is separating personal opinions from what is actually legally binding, something that quite a few posters seem to struggle with.

One of my main points is that the form of tablets is because of their function. Thats why they all look similar.

Theres not much you can do to differentiate between touchscreens with some electronics hidden at the back.

To take it in a different direction. Would you support Sony suing everyone else that makes TVs? Most TVs look the same.

How about Electrolux suing all the other refrigerator manufacturers? Big white cupboards with handles on all look the same to me.

Items that have very similar functions are going to look similar.

 

[WelshBloke]

This might be the dumbest post ever ... So stupid I couldn't even reply.

But rather than posting up resized photos he's correct on all his points.

 

[zsdersw]

I remember when Apple's legal team submitted evidence against Samsung that included photos that distorted the shape of the Galaxy Tab to make it look exactly the same shape/size of the iPad... the initial reaction was "Oh that has to be just a mistake"... even when the same thing happened in a subsequent lawsuit.

These same people seem to have forgotten that lawyers are not really interested in the truth.

 

[WelshBloke]

Reread my post. You made the same mistake as Oyeve.

As for the Touchpad, I'm not arguing on whether or not the Touchpad looks more like an iPad. You're avoiding the question and diverging.

The Touchpad doesn't change the fact that Samsung has copied Apple from packaging, chargers, to its design. So if HP copied, so what, so did Samsung. There are many other tablet manufacturers out there that didn't copy Apple, but those that did (HP) doesn't give Samsung a pass.

I'm not diverting, youre the one that brought other tablets into it. I just used the Touchpad as an example as I own one.

 

[Oyeve]

This might be the dumbest post ever ... So stupid I couldn't even reply.

And all of your picture postings that prove nothing are so full of intelligence? Please.

 

[Red Storm]

I love all the photos that show the iOS homescreen... and don't show the Samsung homescreen. Instead they show the app drawer. 🙄

Propaganda at its finest. ^_^

I remember when Apple's legal team submitted evidence against Samsung that included photos that distorted the shape of the Galaxy Tab to make it look exactly the same shape/size of the iPad... the initial reaction was "Oh that has to be just a mistake"... even when the same thing happened in a subsequent lawsuit.

These same people seem to have forgotten that lawyers are not really interested in the truth.

This. But it won't help any, I expect more photo collages in response rather than actual discussion.

 

[cheezy321]

I love all the photos that show the iOS homescreen... and don't show the Samsung homescreen. Instead they show the app drawer. 🙄

Propaganda at its finest. ^_^




This. But it won't help any, I expect more photo collages in response rather than actual discussion.

How ridiculous of a response. Who cares that you have to go to the app drawer to see these icons. THEY STILL SERVE THE SAME PURPOSE AS THEIR APPLE COUNTERPART. You cant say with a straight face that they aren't similar. Call it propaganda all you want, but there is no way you can argue that they aren't very similar icons serving the same purposes.

Can you truly say the charger is different than the apple charger? Can you truly say the 30 pin connecter is different from the apple cord? Can you truly say the packaging is that much different from the iPad packaging?

Or are you like Welsh Bloke? For him to agree that something is a copy it has to be the following:
-Exact same screen size
-Exact same shape
-Exact same dimensions
-Exact same material
-Exact same markings
-Exact same operating system

So basically it has to be an exact clone before it infringes on apples patents on the look and feel of the iPad's design.

This is why I brought up the polystation. Where do you draw the line? I want to see where you stand, at least Welsh Bloke answered the question. You just straight skirted it.

 

[Red Storm]

How ridiculous of a response. Who cares that you have to go to the app drawer to see these icons. THEY STILL SERVE THE SAME PURPOSE AS THEIR APPLE COUNTERPART. You cant say with a straight face that they aren't similar. Call it propaganda all you want, but there is no way you can argue that they aren't very similar icons serving the same purposes.

Holy shit, do you even realize how crazy you sound? 😵

They are ICONS. EVERY SINGLE ICON IN THE WORLD SERVES THE SAME PURPOSE. Doesn't matter what OS or product.

I've already explained the Polystation to you numerous times. Since you seem to love bringing it up so much, care to explain why you don't see it for sale at a legit store next to an actual Playstation? Here's a hint, it also answers your question.

 

[Sho'Nuff]

The Touchpad does look more like an iPad than the Tab.. yet HP wasn't sued by Apple as a result. Apple's decision to sue seems to hinge more upon how well the competing product sells or how popular it is than any overall product similarity.

Was not sued and was not threatened with suit are two different things. Based on my experience with Apple (I represent a few of their competitors), I doubt that they took no action whatsoever against HP. I'm sure that, at a minimum, some letters were exchanged.

 

[WelshBloke]

How ridiculous of a response. Who cares that you have to go to the app drawer to see these icons. THEY STILL SERVE THE SAME PURPOSE AS THEIR APPLE COUNTERPART. You cant say with a straight face that they aren't similar. Call it propaganda all you want, but there is no way you can argue that they aren't very similar icons serving the same purposes.

Can you truly say the charger is different than the apple charger? Can you truly say the 30 pin connecter is different from the apple cord? Can you truly say the packaging is that much different from the iPad packaging?

Or are you like Welsh Bloke? For him to agree that something is a copy it has to be the following:
-Exact same screen size
-Exact same shape
-Exact same dimensions
-Exact same material
-Exact same markings
-Exact same operating system

So basically it has to be an exact clone before it infringes on apples patents on the look and feel of the iPad's design.

This is why I brought up the polystation. Where do you draw the line? I want to see where you stand, at least Welsh Bloke answered the question. You just straight skirted it.

Yeah but its not one of the things on your list, or two... its all of them.

Edit: And as for the 30pin connector Link

 

[Sho'Nuff]

So basically it has to be an exact clone before it infringes on apples patents on the look and feel of the iPad's design.

<----- Patent Attorney

1. For Samsung's product to literally infringe an Apple patent, it must contain each and every element that is recited in the claims of that patent. While there are some avenues that arguably still exist to permit a finding of patent infringement if an allegedly infringing product includes elements that are very similar (but not identical) to elements of a patent claim, those avenues (e.g., the doctrine of equivalents) have largely been whittled away into nothingness by the Court of the Appeals for the Federal Circuit.

2. Don't confuse patent infringement with trademark or trade dress infringement. They are very different things with very different standards. In most cases (design patents notwithstanding), a product CAN copy the look and feel of a patented product without risk of patent infringement.

 

[zsdersw]

Was not sued and was not threatened with suit are two different things. Based on my experience with Apple (I represent a few of their competitors), I doubt that they took no action whatsoever against HP. I'm sure that, at a minimum, some letters were exchanged.

... which resulted in the Touchpad remaining very similar to the iPad and being released for sale. That tells me Apple didn't care how similar the Touchpad was.