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Print 48 comment(s) - last by Kiffberet.. on Aug 12 at 8:04 AM


  (Source: ipadforums.net)
Apple says Galaxy Tab 10.1 copies the iPad 2's interface, hardware and packaging

In April of this year, Apple launched a lawsuit against mobile competitor Samsung, saying that the South Korean electronics maker stole the interface elements and exterior design of iOS gadgets to make their own. Then, in June 2011, Apple sued Samsung a second time for allegedly copying the design of the iPhone 3G to make the Samsung Galaxy S. 

As if that wasn't enough, Apple successfully caused a ban on Samsung's Australian tablet sales after suing the company for allegedly copying the design of the iPad 2 for the Galaxy Tab 10.1. 

Now, Apple has pulled the same maneuver with Samsung's European tablet sales. The Regional Court of Dusseldorf has granted Apple a preliminary injunction against the sale of the Samsung Galaxy Tab 10.1 throughout Europe with the exception of the Netherlands. The judge agreed that the Galaxy Tab 10.1 infringed on Apple's intellectual property, copying certain characteristics of the iPad 2.

According to intellectual property analyst Florian Muller, Apple has a separate lawsuit occurring in the Netherlands.

"The exception of the Netherlands is due to the aforementioned separate legal proceeding in that country," said Muller. "That exception relates only to Samsung's Korean parent company, not to the German subsidiary."

Samsung just launched the new Galaxy Tab 10.1 device in Britain last week, but all product must now be taken off the shelves. Some retailers noted that the Galaxy Tab 10.1 was the fastest-selling tablet since the iPad 2 launched earlier this year.

"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging," said an Apple spokesman. "This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

Samsung could appeal against the judgment, but the injunction will remain in place regardless in the meantime. Also, an appeal would be heard by the same judge, and would take about a month to be heard. While Samsung decided to countersue Apple back in April for the previous lawsuit, it is unclear if it will appeal the current judgment. 

Apple was named most valuable company in the U.S. today for briefly surpassing Exxon in market value, but Android is dominating the mobile market and it seems like Apple's answer to competition is to eliminate it entirely.



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ugh
By kleinma on 8/9/2011 6:11:51 PM , Rating: 5
Everyone knows what a friggin iPad is... no one is confusing them with other tablets. Not even my grandma... Apple is such a shitty company..




RE: ugh
By lagomorpha on 8/9/2011 6:25:42 PM , Rating: 5
I call it "patent terrorism".


RE: ugh
By Tony Swash on 8/9/11, Rating: -1
RE: ugh
By sprockkets on 8/9/2011 7:36:39 PM , Rating: 2
quote:
Lots of righteous indignation based on zero facts - one can only assume the righteous indignation comes pre-packaged and pre-prepared and is not related to any actual facts. As far as I know the details of this the case are still confidential and thus nobody knows on what basis Apple complained or on what basis this complaint was upheld.


How about this fact?

quote:
The tablet, which launched in Britain last week, must now be removed from shelves and Samsung must stop marketing it. According to some retailers, the Galaxy Tab 10.1 became the fastest-selling tablet since the iPad 2 when it launched in Britain.


GFY Tony.


RE: ugh
By tayb on 8/9/11, Rating: -1
RE: ugh
By sprockkets on 8/9/2011 8:24:26 PM , Rating: 2
You want "unbiased"? Go to the appleinsider forums where you can enjoy the koolaid.

Otherwise, this is a tech site where people free of the RDF meet.

If you don't like it, you can GFY too.


RE: ugh
By tayb on 8/9/11, Rating: -1
RE: ugh
By sprockkets on 8/9/2011 9:48:05 PM , Rating: 5
quote:
In your world there can only be two sides.


No not at all. There are more than one OS for phones, but apple only sees Android, and only apple sues over the look and feel of stuff.

quote:
You're childish rhetoric and temper tantrums aren't convincing anyone of anything. Please keep on telling people to "GFY." It's highly convincing.


You're new here aren't you? Why don't you stop and look at where Tony Swash posts here, and see where I post? I post everywhere, while he only posts 3 page long posts copied and pasted from his FUD collection held in the icloud.

Btw, judging by the likes vs. dislikes vs. the rebuttal video, people find making fun of the iphone4 much more entertaining.

http://www.youtube.com/watch?v=FL7yD-0pqZg


RE: ugh
By Solandri on 8/9/2011 8:03:31 PM , Rating: 5
quote:
In the mean time a gold star to anyone who can actually describe on this forum the actual technical content of Apple's complaint in this particular case.

The injunction is based on Community Design Registration 000181607 granted to Apple by the EU. Basically Apple was granted the design trademark on a flat rectangle with rounded corners.

www dot scribd dot com/fullscreen/61944044
(trying to get this past the spam filter)

Samsung had the audacity to make its tablet also a flat rectangle with rounded corners. The EU court granted a preliminary injunction on the basis that Samsung's tablet violates this design trademark.

Whether or not this is silly is left as an exercise for the reader.


RE: ugh
By drycrust3 on 8/10/2011 12:02:38 PM , Rating: 4
quote:
Basically Apple was granted the design trademark on a flat rectangle with rounded corners.

Now we can't even buy TV dinner.


RE: ugh
By geddarkstorm on 8/10/2011 12:18:34 PM , Rating: 4
Not unless it comes with apple pie.


RE: ugh
By PaterPelligrino on 8/9/2011 8:48:12 PM , Rating: 5
Tony, have you ever made a post to this forum that wasn't a partisan defense of Apple? Surely you're on Steve's payroll. Otherwise, you're one sorry dude babe. So is it your opinion that Apple is always right, always the best, can never do wrong? It's just a gadget maker ffs, why spend your every waking moment going to bat for a company? Brand name fixation is something you expect from fashion-crazed teenagers.

However, if you've got some physical problem that confines you to your bedroom and prevents you from interacting with real people, and this obsessive identification with Apple fulfills some kind of psychological need that isn't being met in normal ways, forgive this post.


RE: ugh
By B3an on 8/10/2011 4:32:37 PM , Rating: 2
I dont think he's on Apples payroll. Because all people like Tony do is make Apple and it's fans look like total morons. Which they are.

We should all be thanking Tony.


RE: ugh
By Nem0 on 8/10/2011 2:10:56 AM , Rating: 2
Your argument sounds like a Kantian approach to morality. The flaw in your argument lies in the fact that you assume all these ideal rational people have come together and reasoned things out. Thus your argument collapses in upon itself, for the world we live in is more skewed than you seem to give it credit for.


RE: ugh
By Kiffberet on 8/10/11, Rating: -1
RE: ugh
By Camikazi on 8/10/2011 9:27:21 PM , Rating: 2
OMG a tablet PC that looks like... wait for it... A TABLET. Seriously now the rounded corners are for comfort the rectangular shape is to accommodate a monitor that is a standard resolution (16:9 or 4:3 both rectangles). Those 2 things are NOT innovations, they are common sense things, even old, early tablet had somewhat rounded edges and rectangular shape.


RE: ugh
By Kiffberet on 8/12/2011 8:04:19 AM , Rating: 2
I guess I could make a car that looks just like a Porche 911, call it a Poach, and put the gas cap on the opposite side.

No one (apart from the courts) could dare tell me I copied it. It's clearley marked Poach and the gas cap is on the left, not right. Any retard could tell the difference!!


RE: ugh
By Reclaimer77 on 8/10/11, Rating: 0
RE: ugh
By MonkeyPaw on 8/9/2011 6:56:00 PM , Rating: 3
Yeah, everytime I'm about to get onboard with them, they do something stupid, or launch a series of lie-riddled commercials. Funny how apple can steal androids notification bar for iOS 5. No problems there.


RE: ugh
By Ramstark on 8/10/2011 4:34:01 PM , Rating: 1
And a lot of the Mango features announced earlier this year found its way into the iPhone5...who curious right?


RE: ugh
By robinthakur on 8/10/2011 9:55:40 AM , Rating: 1
I disagree, and having seen all the evidence, so do the courts in Germany and Australia (thus far) It does look like a white iPad2 from all the adverts I have seen. The principle danger to Apple is that iPad becomes the defacto term used to desctribe a tablet computer in much the same way that iPod universally means MP3 player. You then stand a risk of a consumer who doesn't browse dailytech everyday thinking they are buying something which is 'iPad compatible' or a version of an iPad, then being very let down and disappointed when they find out they have instead been hoodwinked and can't use any of the iPad apps. My mother still refers to all touch screen phones as iPhones, for example because that is the most popular one which all smart phones are now based on (unofficially). To the lay person they don't look dissimilar, and the first iPhone looked like nothing else on the market, although it might seem like an obvious look in 2011, it wasn't at the time. Samsung devices look like Apple ones, down to the white cables and the packaging, there is no getting away from it. Whether this was just a happy coincidence or the product of "slavish copying" is for the courts to decide frankly.


RE: ugh
By zmatt on 8/10/2011 11:08:16 AM , Rating: 2
I dunno, both full touch screen smartphones and tablets existed before Apple got into it. HTC was doing it before the iPhone was around. I also think it's silly that one can trademark a rectangle with rounded edges. As for the iPod becoming synonymous with mp3 player, that is hardly Samsung's or anyone else's fault.


yes, I did
By sprockkets on 8/9/2011 10:54:05 PM , Rating: 3
Samsung: Any attack made by Apple against us would be a useless gesture, no matter what technical data they've obtained by forcing us to let them see our Galaxy S II or Tab. This OS is now the ultimate power in the universe! I suggest we use it.

Steve: Don't be too proud of this technological device you've constructed. The ability to make hummingbird CPUs and OLED screens is insignificant, next to the power of the RDF.

Samsung: Don't try to Don't try to frighten us with your litigous ways, Lord Jobs. Your sad devotion to protecting your "look and feel" has not helped you curb Android's market share, or given you clairvoyance enough to stop us from selling...

[Steve is holding out his hand]

What, what are you doing?

Steve: Huh? It isn't working!

Samsung: Uh, your holding it wrong. That and your RDF only works on the weak minded.




RE: yes, I did
By Pirks on 8/10/2011 12:54:46 AM , Rating: 1
quote:
has not helped you curb Android's market share
Hahaha, as if Jobs ever cared about "market share", doh! He makes trains of money without all that "market share" BS of yours.


RE: yes, I did
By StevoLincolnite on 8/10/2011 2:24:39 AM , Rating: 2
quote:
He makes trains of money without all that "market share" BS of yours.


Only because the weak minded are happy to over-pay for a fruity logo when the alternatives are just as good if not better.


RE: yes, I did
By Gondor on 8/10/2011 8:59:23 AM , Rating: 2
Well, as long as you iDrones don't realize you were getting scammed with their outrageous margins, they surely can. But that can't go on indefinitely, can it ?


RE: yes, I did
By Pirks on 8/10/2011 1:39:42 PM , Rating: 2
Why not?


RE: yes, I did
By invidious on 8/10/2011 9:08:56 AM , Rating: 2
Why are you so proud of Apple's pillaging of your pockets? If Apple cared about you they wouldn't be taking all of your money, so why do you care so much about them?


Apple Stock
By SpaceJumper on 8/10/2011 10:17:18 AM , Rating: 2
If you own Apple shares, if I were you I would sell them now, Apple will fall flat.
These are the facts:
1. Apple is using their patents as weapons to hold off Samsung.
2. Apple can't hold off Samsung for a very long time; because the products are similar but are not the same in size, logo, and technology. That is why Apple is trying to work on the "how it looks and feels", that is not going to hold water.
3. Apple knew Samsung has better products and Google Android is now getting better than the iOS 5.

Apple is going to pay dearly to Samsung for the damages.




RE: Apple Stock
By mellomonk on 8/10/2011 11:11:46 AM , Rating: 2
Sell your Apple Stock? I want whatever your smoking. They may fall here and there, but it will never be flat. And I can point to about $77 billion reasons why they can create or buy whatever they need to compete where they choose and get their ideas to market.

I don't know if you have been keeping up with current events, but obviously 'looks and feel' are holding (off) more then water.


RE: Apple Stock
By SpaceJumper on 8/10/2011 1:02:22 PM , Rating: 2
Apple is taking great risks. Here are the battle field maps.
http://www.scribd.com/doc/44759893/Apple-vs-Androi...
http://www.scribd.com/doc/61387056/AppleVsHTCandS3...
It will not be a win-win situation.
I am eager to hear from someone who own Apple shares. Do you?


RE: Apple Stock
By Tony Swash on 8/10/2011 7:00:08 PM , Rating: 2
quote:
I am eager to hear from someone who own Apple shares. Do you?


I do. I am keeping them. Apple, unlike everybody else, have had a twenty years strategy for the post PC world, listen to Steve Jobs various speeches back when he returned in 1997, listen to the vision he outlined. It came true. He rebuilt the company from the ground up in his image and now it purrs like a finely tuned machine whether Jobs is around or not. Apple sales will explode in China in the next two years. Apple will double in size. I am keeping my shares.

Google made a strategic mistake of immense proportions when it betrayed it's alliance with Apple and turned them into enemies. Android is an astoundingly bad strategy for Google to deal with the threat and opportunities of the post-pc world (in Google's case mostly threats). I can still see no sound reason why Google thinks Android is good for Google. I think they drifted into a ridiculous adventure partly through hubris and partly through poor corporate governance and poor leadership. Google will end up paying a very high price for Android. It's a shame really - they seemed so interesting for a while, perhaps a force for good and then they let themselves fall into being a sort of poor mans Microsoft V2 only without the gravity or clout. If you set out to seriously attack the business of most of the major large tech companies with products you don't actually make any money on you you end up making some very powerful enemies for no good reason. Madness.


Samsung did what they do best
By vision33r on 8/9/2011 9:01:37 PM , Rating: 1
Argue all you want, it just so happens that since the iPad was released. That Samsung by accident released it a few month after Apple released the iPad 2 and had similar designs and touches.

Totally random right?

Why didn't Samsung release the Galaxy tab 3 years ago when Windows tablets were the only things out?

Accident or intentional?




By rhangman on 8/9/2011 10:27:04 PM , Rating: 2
Similar, but hardly a copy.
Fact is that Apple's designs are hardly unique or original.

The Tab 10.1 is no more similar to the iPad than these two:
http://www.gsmarena.com/lg_ke850_prada-3d-spin-182...
http://www.gsmarena.com/apple_iphone_4-3d-spin-327...


RE: Samsung did what they do best
By ilt24 on 8/10/2011 10:54:53 AM , Rating: 2
quote:
Accident or intentional?


I'd have to go with intentional seeing how Samsung had a Galaxy 10.1 they were going to release in Q1, then after seeing the iPad 2 decided to make some changes and released the new version in May.

I bet Samsung wishes their VP was quoted saying they need to "improve the parts that are inadequate."

http://www.engadget.com/2011/03/04/samsung-finds-p...


RE: Samsung did what they do best
By ilt24 on 8/10/2011 10:56:52 AM , Rating: 2
that should have been

I bet Samsung wishes their VP was n't quoted saying they need to "improve the parts that are inadequate."

http://www.engadget.com/2011/03/04/samsung-finds-p...


By adiposity on 8/9/2011 6:49:21 PM , Rating: 2
quote:
In fact, while Android device numbers are growing, Apple's profit share has been steadily increasing. As long as this remains the case, Apple hardly has to fear the competition.


Well, considering the effect that the Verizon iPhone release had on Android sales, I think we can safely assume there is some overlap of potential iPhone users and potential Android users. Therefore, Apple is right to consider Google a competitor, and this lawsuit is likely at least partially related to that. Now, as to whether they feel their rights are being infringed, they probably do.

quote:
So this isn't about money...


If it isn't about money, then why waste money fighting this fight? They are a business, after all. They must see a monetary advantage in filing these lawsuits, right?


By ltcommanderdata on 8/9/2011 7:02:53 PM , Rating: 1
quote:
If it isn't about money, then why waste money fighting this fight? They are a business, after all. They must see a monetary advantage in filing these lawsuits, right?

I'm just thinking that money is not the direct reason for these lawsuits. As in, the reason for Apple suing is not purely for some huge damage payout. I think they believe they make great products and that there are certain, unique, innovative features that make their products great and those should be protected. By keeping those features proprietary, they are then able to set themselves apart form the competition, increase sales, and ultimately make money that way.

This is probably why they haven't settled with a cross-licensing deal yet. The goal isn't some payout and then business as usual at Samsung and others. The goal is to get a ban to force Samsung to remove the causes of infingement. Now whether the patents should have been granted in the first place is another matter. But, now that they have been granted, Apple thinks they should be defended.


By Ramstark on 8/10/2011 4:43:30 PM , Rating: 3
quote:
I think they believe they make great products and that there are certain, unique, innovative features that make their products great and those should be protected

Yeah right...the "rounded edges shape" is a unique innovative feature...Please read all the comments or at least the article before posting...


This will never end
By Scootie on 8/10/2011 1:14:12 PM , Rating: 2
This patent terrorism will never end. If Id like to create some sort of a smartphone software, hardware or both I couldnt even make it to the drawing table cause this days every stupid no logic making things are already patented. Patents this days only hold back the technology. Isnt this clear enough?
I curently own an iphone 3GS but lately im ashamend of even showing it because of the tech community I live in know the difference between iOS and Android. My next phone will be some sort of a HTC phone but not because of my entourage but because if will be the right choice.




RE: This will never end
By lukarak on 8/10/2011 3:46:53 PM , Rating: 2
What does it mean that your community knows the difference between iOS and Android?


RE: This will never end
By mellomonk on 8/10/2011 4:43:41 PM , Rating: 2
Patent terrorism is far from unique to the phone space, and nothing new. The problem is not aggressive companies like Apple & Samsung, who's patent holdings are primarily a form of mutually assured destruction against each other, but rather the non-producing patent 'trolls'. They wait until a startup is funded and making a working product to pop up out of the woodwork and demand payment. They sit on portfolios of patents just to 'license' the property. Apparently licensing at the threat of a lawsuit threatening gun is quite effective.

The patent system is broken almost beyond repair. Most software patents are on processes and are so broad that nearly impossible to innovate around them to reach the same result. Listen to 'This American Life' from two weeks ago for and eyeopening look into the US patent system.

You can blame Apple all you want, but they are far from the biggest problem here. At least the have patents on things they actually make and are selling. They've been sued so many times as to fully know how to play this game. Everyone in this space is fully patented up and ready for battle. Don't think for a minute that if HTC had the patents to try and slow Apple down they wouldn't. They have been bold enough in the past to rip off designs and do whatever it takes. There are no angels in this game.


Not Europe the EU - Learn some geography!
By BZDTemp on 8/9/2011 6:50:50 PM , Rating: 2
The EU is a union of countries in Europe but it certainly does not include all of them since for instance Moscow is actually located in Europe meaning western Russia is in Europe. Other examples of non-EU European countries are Belarus, Norway, Ukraine...

But geography aside I find it very questionable that a court in Germany has any pull to get anything of the shelf in the whole of EU (except Holland). The whole thing sounds more like a wet Apple dream than actual facts.




By lukarak on 8/10/2011 1:59:29 AM , Rating: 2
They can, as, if i remember corectly, it doesn't take a federal judge to do that in the US.

But, these countries, are you insane? Europe is not EU, but the EU is Europe's biggest market by far, especially for such products. Tablets probably cost 2 monthly salaries in Belarus and Ukraine. Hell, even in Bulgaria and Romania, which are EU members.


If...
By INeedCache on 8/10/2011 9:35:30 AM , Rating: 2
the iPad is so good, it wouldn't matter that the Samsung looks like it. Folks would still buy the iPad, wouldn't they? The Samsung doesn't have the Apple logo on it, does it? If the Samsung were languishing on shelves, would Apple be doing anything like this?




RE: If...
By mellomonk on 8/10/2011 10:51:59 AM , Rating: 2
Cannot argue with that in a pure sense, but it is not quite that simple. The Galaxy Tab is good and not languishing on the shelves. It is tough enough to compete against the resources of Samsung and Google, but then to have to face all that wrapped up with a good deal of your best design work? Hmmm. It is not like Samsung doesn't have a gaggle of it's own designers and ideas.

Good design is at once simple and obvious. You can look at it and say; "of course, this is the way it should be." Of course every idea is built upon the shoulders of what came before, but Good Design is when the blend of ideas suddenly makes a new and single note. It is the turning of a page. All that came before it is now behind and everything going forward is referenced to it.

Design is tough to create, and oh so easy to imitate. You spend years narrowing down ideas and concepts at great expense and finally get it right, and your competitor almost overnight comes along with something clearly 'inspired' by your work. It is one thing to compete against your competitor with all his ideas and strengths, but to also have to compete against your own design and ideas? That is tough and I think you would seek whatever way you could to force your competitor do compete with it's own ideas or at least some new ones however 'inspired' by yours.


Apple will be crying on this
"Game reviewers fought each other to write the most glowing coverage possible for the powerhouse Sony, MS systems. Reviewers flipped coins to see who would review the Nintendo Wii. The losers got stuck with the job." -- Andy Marken














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