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Samsung's Galaxy Tab 10.1 (right) bests the iPad in several categories, but is being blocked from competing against Apple's products in several markets, thanks to Apple's savvy legal team.  (Source: Mashable)

Apple is seeking to create an unchallenged court-enforced monopoly on the tablet market.  (Source: Ars Technica)
Samsung gives up its fight to stop injunction, will have to wait until the end of September to fight Apple

Apple, Inc.'s (AAPL) bid to maintain its monopoly on the tablet market via litigation advanced on Monday, when Samsung Electronics Comp., Ltd. (SEO:005930) announced that it would delay sales and marketing of its Galaxy Tab 10.1 tablet in Australia until a September ruling is made in the case.

I. "Free" Market?

Samsung's attorneys, in a statement to Reuters, shared, "Today, Samsung informed the Federal Court of Australia it intends to file a cross claim against Apple Australia and Apple Inc regarding the invalidity of the patents previously asserted by Apple and also a cross claim against Apple regarding violation of patents held by Samsung by selling its iPhones and iPads."

The tablet will be banned from sales and marketing in Australia until a final verdict is delivered on Sept. 26.

The Galaxy Tab 10.1 is thinner and lighter than the iPad 2.  It also has a larger, higher resolution display, more DRAM, a higher resolution camera with LED flash, and a second speaker.  Further the Galaxy Tab offers customization, widgets, and Adobe, Inc.'s (ADBE) Flash rich media platform -- privileges Apple denies its users.

Despite all these seeming advantages it may never get a chance to compete with Apple's iPad in the "free market" in many regions.  Apple claims it owns exclusive rights to the minimalist tablet design and can block any would-be competitors from entering its market.  Apple obtained these patents based on fantasy and prototypes, as it filed them five years before it released a commercial tablet.

Apple has filed suits [1][2] against Samsung in many international courts, claiming Samsung "slavishly" and illegally copied its treasured tablet design.  Apple also alleges that Samsung, via use of the Google Inc.'s (GOOG) Android operating system, violates its patents on multi-touch gestures, patents it received despite much of the covered technology being developing at non-affiliated research institutions in the 1980s (e.g. computer science researcher Myron Krueger developed the pinch-to-zoom gesture in 1983).

Samsung, meanwhile claims that Apple violates its wireless communications intellectual property.  While many of these patents also have a great deal of prior art, it should be noted that Samsung did not initiate litigation against Apple, only counter-suing after Apple tried to remove its products from the market.

II. Despite Netherlands Setback, Apple's Monopoly Plans Move Ahead

Thus far Apple seems to have been given preferential treatment in Australia as it is allowed to continue to sell iPads and iPhones, despite Samsung's active lawsuit against it.  Likewise in Germany, Samsung sales are currently banned, but Apple's are not.

In the U.S., the Galaxy Tab 10.1 is currently for sale and has not been taken off the market.  Apple and Samsung will attend a U.S. International Trade Commission hearing on Oct. 13, which will decide whether to temporarily ban Samsung's device imports into the U.S., pending a final ruling.  Almost two months later -- in Dec. 3 -- a second hearing will decide whether Apple's products should receive a similar ban on imports.

In the European Union a German court has banned sales and marketing of the Galaxy Tab, pending a final ruling, which was pushed back to Sept. 9.  Initially the ban was said to cover the entire European Union, but the German court amended the scope to just Germany, as it did not have the authority to block sales in other nation states.

The German ban is especially painful for Samsung as it can't show off the Galaxy Tab 10.1 at one of Europe's biggest mobile trade shows, the IFA 2012, which is running Sept. 2 through 7 in Berlin.  A defiant Samsung, however, has found a way to sneak around this ruling by showing its upcoming Galaxy Tab 8.9 -- a Honeycomb tablet virtually identical to the 10.1 inch model, but not listed in the Apple lawsuit.

Elsewhere in the EU, a Netherlands judge ruled that Samsung only infringed upon a single Apple patent.  The first major ruling internationally, was perceived as an overall victory for Samsung, as it gave Samsung until October to make a minor modification to Honeycomb's built in Gallery app to remove the infringing features.  Significantly, the court ruled that Apple's claims of design violation were invalid and that Samsung did not violate other key multi-touch patents as Apple claimed.

Reports [1][2] put Q1 and Q2 2011 tablet sales at around 22.3 million, cumulatively.  Of these, Apple has seen sales of 14 million units (appr. a 62.7 percent market share), Samsung has seen sales of 7.5 million units (33.6 percent market share), and other manufacturers have sold approximately 820,000 units (3.7 percent market share).

With Samsung gone, Apple would gain a virtually unchallenged monopoly deathgrip on the market.  And just in case pesky challengers like HTC Corp. (TPE:2498) should gain ground by Samsung departure, Apple is suing them too [1][2][3], trying to prevent their tablets from reaching the market as well.

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Keep it up, Apple...
By MrBlastman on 8/29/2011 2:43:43 PM , Rating: 5
You continually give me more reasons every day to never, ever support your company. The new Apple philosophy, "If you can't beat 'em, sue 'em."


RE: Keep it up, Apple...
By Tony Swash on 8/29/11, Rating: -1
RE: Keep it up, Apple...
By MrBlastman on 8/29/2011 2:55:07 PM , Rating: 2
Since I don't own any Apple products (my wife does, I don't) or Apple stock, I could care less. ;) There are plenty of other companies out there.

RE: Keep it up, Apple...
By JasonMick on 8/29/2011 2:58:10 PM , Rating: 5
That must make Apple very anxious.

I note by the way that the share price is up since Steve Jobs resigned. Nice:)

It's important to differentiate abusive actions on the market from a company's success.

Abusive actions often LEAD to success.

Look at Intel's price fixing in the processor market, which allowed it to maintain the lead over AMD even while its product was temporarily inferior.

Or consider the old AT&T who raked in massive profits while crushing would-be competitors via patents and anti-competitive tactics.

Nobody is questioning that Apple is incredibly profitable or that its tablets aren't selling great. The important question is whether courts are supporting tenuous logic to install an Apple monopoly in which no other manufacturer can release a modern tablet.

That said, I have serious doubts that Apple will win this court battle in the long run. After all, the first ruling to come down exonerated Samsung of virtually all infringement claims, barring a single easy-to-remove GUI element.

If Apple can't win via lawsuits it will lose in the long run invariably as it will face the same pressure of having compete with multiple devices that cost it the smart phone race.

Will it still make a ton of money from users like yourself who are willing to pay large premiums for devices with a pretty logo on them? Yes. Will it continue to lead the market? Probably not.

RE: Keep it up, Apple...
By spread on 8/29/2011 7:51:12 PM , Rating: 5
You're tying to reason with a troll. Every time he speaks a little shit dribbles out of his mouth. He's going to keep doing what he does best, worship Apple or whatever else is popular at the time and furiously defend that like it's a part of himself.

It's what obsessive people do.

RE: Keep it up, Apple...
By bah12 on 8/30/2011 11:36:48 AM , Rating: 1
Will it still make a ton of money from users like yourself who are willing to pay large premiums for devices with a pretty logo on them?
Agreed with you until here. No doubt there is a premium for some apple products, but since the debate here is for tablets, how exactly can you justify the "large premium" phrase.

Sorry but that argument just does not hold much water in the tablet/phone world. The galaxy tab you try so hard to defend is the same price as the iPad 2. Sure it may have more power on paper, blah blah blah, but these devices are all about real world usability and like it or not Apple has set the standard for a fluid mobile OS experience. I'm sure 10% of the consumer base would actually stress a tablet enough to notice, but face reality MOST won't. Angry birds and email is no better on Honeycomb than iOS.

In the desktop/notebook market, I'd agree there is a pretty significant premium, but that just isn't there in the tablet/phone area.

RE: Keep it up, Apple...
By PitViper007 on 8/30/2011 5:13:18 PM , Rating: 2
This is true now. The iPad 2 is certainly more in line price-wise with the other tablets on the market now, $499 for the 16GB model. This was not the case with the original iPad, which went for upwards of $800.

RE: Keep it up, Apple...
By masamasa on 8/29/2011 4:46:45 PM , Rating: 2
Their patents are a sham. It's not as if tablets weren't around prior to the ipad. I remember tablets back in 1997 and while they weren't ipad, they were tablets, which could be construed as similar technology. Touchscreens have been around long before ipad or ipod as well. These ridiculously vague patents that allow these companies to protect the most bland and unoriginal ideas are the biggest joke in corporate business that do nothing except fuel legal battles, monopoly promotion. They are bad news for every consumer. I'll personally never buy from patent squatters like Apple and make sure everyone I talk to doesn't either.

RE: Keep it up, Apple...
By Solandri on 8/29/2011 6:34:50 PM , Rating: 2
The iPad's look and industrial design is so revolutionary, Samsung built a time machine in 2006 to travel to the future and steal it.

Seriously, if you believe Samsung copied the appearance of Apple's iPad solely based on how similar they look, then the above link should convince you it was actually Apple who copied Samsung.

Can we all do something?
By themaster08 on 8/29/2011 3:19:06 PM , Rating: 3
Can we just ignore Tony Swash and his shit storm of comments purposely written to wind us all up?

He's nothing but a silly troll that really needs to grow up and act his age. He adds absolutely nothing to the topic at hand. His opinions are always of extreme religious-like bias. He's never once complemented or even acknowledged the work of others. It's all about Apple. I think I've only once seen Tony comment on an article that was not related to Apple.

He needs constant self-assurance that the decision to lock himself into the world of Apple was the right one. He loves to rub the success of Apple in the faces of everyone here, like a child with the latest toy. But come on, what more can we expect from someone so deep within the Apple ecosystem?

An electronic toy with an half bitten Apple on the back seems to define the entire attitude and personality of people like Tony Swash. Elitist at its purest.

So let's just give him his -1 and move on. Forget his posts. It's not worth getting wound up about.

RE: Can we all do something?
By Reclaimer77 on 8/29/2011 3:34:55 PM , Rating: 3
LOL he has a career 0.60 lifetime poster rating. I don't think it's possible to get much lower than that. Hell compared to him I'm a beloved figure around here hahah :)

RE: Can we all do something?
By inighthawki on 8/29/2011 5:15:19 PM , Rating: 2
I think he was outdone by reader1, but he was a true troll to the core.

RE: Can we all do something?
By shane.carroll on 8/29/2011 6:04:11 PM , Rating: 4
He's not trying to rile anyone up, he seriously is just that stupid and an ignorant follower of Jobs. He probably has Christmas lights on his roof all year round in the shape of an apple with a bite taken out of it.

Next up...
By wiz220 on 8/29/2011 3:58:44 PM , Rating: 3
Has anyone else seen the reports that an iOS TV will be released soon? I can just see it now...


That's right Mr. Judge, we invented the TV and hold patents that prove it. You must block imports of Samsung TV's as they have worked slavishly to steal our innovative ideas.

RE: Next up...
By cmdrdredd on 8/29/2011 5:29:23 PM , Rating: 2
It won't work on TVs because Samsung builds most of the LCD and LED displays out there. They have built many of the Sony units and I would not doubt if they even built many of Apple's displays...

RE: Next up...
By mosu on 8/29/2011 6:33:25 PM , Rating: 2
But I hope not for long super AMOLED for Apple.

Apple BS
By portalair on 8/29/2011 2:59:02 PM , Rating: 2
“A guy who makes a nice chair doesn’t owe money to everyone who has ever built a chair”

RE: Apple BS
By portalair on 8/29/2011 3:02:08 PM , Rating: 2
or in this case being banned from selling a much better tablet

By banshee909 on 8/29/2011 3:01:03 PM , Rating: 2
I'm getting so sick and tired of Apple and especially it's attorneys who seem willing to sue anyone who they deam is a threat to their profits,real or imagined. It's no wonder Apple is worth more than Europe.

In other news
By BZDTemp on 8/29/2011 4:40:32 PM , Rating: 2
Apple Succeeds in being complete assholes.

Even normal people are catching on to Apple pulling lame moves in court and also them trying to get users into ever more controlled schemes.

It was good times back when Apple was Apple Computer but those days are long gone.

Smart buy
By 2bdetermine on 8/30/2011 12:15:04 AM , Rating: 2
If you ever buy anything from Apple other than their stock when it was at the bottom are not cool.

Why does Apple win?
By Tony Swash on 8/30/11, Rating: 0
Before and after iPad
By Tony Swash on 8/29/11, Rating: -1
RE: Before and after iPad
By phantom505 on 8/29/2011 2:48:44 PM , Rating: 3
Wait, you're admitting that there was in fact tablets before iPad? Blasphemy! The Jobs will see you struck down!

RE: Before and after iPad
By Reclaimer77 on 8/29/2011 3:07:59 PM , Rating: 5
Tony is an idiot who believes one should be able to patent simple geometric shapes and colors. The fact that this isn't done all the time is only because nobody else is as big of a delusional megalomaniac as Jobs and Apple's legal staff. They couldn't prove that Apple invented the tablet, so they are settling for Apple invented the flat, black, rectangular one.

If Apple's patent strategy were applied to the rest of our products, our society would be in shambles. Fridges would have to be round or triangular, because the vertical rectangular shaped black refrigerator would "belong" to someone else, etc etc etc. We would be ruled by a select few monopolies, with no hope of competition or innovation.

This was the exact thing the patent system was created to guard against. Stiffing innovation and productivity. Yet Apple fan boi's like Tony are so obsessed with living vicariously through Steve Jobs instead of their own pathetic lives, they could care less. It's apparently a spectator sport, with each blow to freedom and consumer choice by Apple's legal team a score in the "win" column.

Look at Tony, that shill, and tell me I'm wrong. It's almost like he gets a cathartic high from this stuff. Really, get a LIFE people.

RE: Before and after iPad
By portalair on 8/29/2011 3:24:26 PM , Rating: 2
"If Apple's patent strategy were applied to the rest of our products, our society would be in shambles. Fridges would have to be round or triangular, because the vertical rectangular shaped black refrigerator would "belong" to someone else, etc etc etc. We would be ruled by a select few monopolies, with no hope of competition or innovation."

explains better than my social network reference

RE: Before and after iPad
By dark matter on 8/29/2011 4:16:09 PM , Rating: 1
Tony Swash is obviously a DT author, designed to rile up the audience and increase page impressions, post counts.

So when DT goes to the advertising brokers it can show them "hard" figures, and negotiate a better asking price.

It's happening all over the "Web 2.0" at the moment. Just like SEO sharks claim they are "optimising", when in actual fact they are nothing more than "rigging" the results.

It's a shame. But, like everything else in the $ obsessed west, this is what happens under a free market. A race to the bottom.

RE: Before and after iPad
By Reclaimer77 on 8/29/2011 4:53:00 PM , Rating: 1
But, like everything else in the $ obsessed west, this is what happens under a free market. A race to the bottom.

The "free" market has jack to do with this. Apple is trying to litigate to suppress market freedom.

As far as Tony, meah, I don't know if I'm ready to buy that he's a DT author just yet. I think he's just an idiot.

RE: Before and after iPad
By shane.carroll on 8/29/2011 5:54:34 PM , Rating: 2
Either this is an extreme coincidence or you are incorrect: (read the comments, a retarded guy by the name "Tony Swash" defends apple with a blind eye turned towards evidence). Perhaps Tony is that retarded. Tony's like the guy in the interrogation during one episode of south park:
"Stop playing stupid and answer the question!"
"Maybe he is that stupid Randy!"
"Nobody's this stupid!"

RE: Before and after iPad
By Ingo on 8/29/2011 10:24:13 PM , Rating: 4
An Anagram for Tony Swash is 'ASS THY OWN'. Maybe he sold his soul to Apple.

RE: Before and after iPad
By TakinYourPoints on 8/30/2011 3:09:22 AM , Rating: 2
Tablets existed for a decade before the iPad, everyone knows that. It was the argument that people used against Apple whenever rumors of a tablet would come up.

The differences between the two are significant. Windows tablets ran an operating system and applications designed around mouse+keyboard input, needed a stylus or sometimes had resistive touch input, required power hungry x86 CPUs that ran hot, all of which resulted in poor battery life and extra weight/bulk to accommodate components and allow for thermal dissipation.

People didn't buy them because they were basically really bad laptops running an OS and applications that weren't designed primarily around a touch interface. There was no reason to get a Windows tablet when you could get a laptop with a keyboard and trackpad interface that was much faster and cheaper.

The iPad was different in that the physical and software interfaces were purpose built expressly for touch, all applications were designed specifically for touch, and the ARM based hardware allowed for very light hardware with insane battery life. That is the software/hardware model that everyone emulated after the iPad came out.

Again, the differences between prior Windows tablets and current tablets running iOS, WebOS, and Honeycomb, are massive . They aren't even the same class of machine.

I am very very interested to see how Windows 8 works out on tablets, and if they get it running quickly on ARM based hardware that is as light as the iPad/Touchpad/Transformer/etc.

RE: Before and after iPad
By phantom505 on 8/29/2011 2:51:43 PM , Rating: 3
RE: Before and after iPad
By Gondor on 8/29/2011 5:34:53 PM , Rating: 3
Yeah but this one wasn't magical. Apple has patent on magic.

RE: Before and after iPad
By kmmatney on 8/29/2011 7:15:49 PM , Rating: 2
Yeah ... but you missed the whole point of Tony's post. Before the iPad, tablets all looked different. You can see that in the pictures. Then the iPad came. Now, all tablets look like iPads. That was the point.

RE: Before and after iPad
By Reclaimer77 on 8/29/2011 7:24:19 PM , Rating: 2
Who the fuck cares? You don't get a monopoly on simple geometric shapes and colors because you think it "looks" like yours!

RE: Before and after iPad
By Reclaimer77 on 8/29/2011 3:14:47 PM , Rating: 2

Star Trek: Deep Space Nine 1993-1999

Prior art what?

By Tony Swash on 8/29/11, Rating: -1
RE: Correction
By JasonMick on 8/29/2011 2:59:12 PM , Rating: 4

In the article the sub headline says

"Despite Netherlands Setback, Apple's Monopoly Plans Move Ahead"

It should read

"Despite Netherlands Setback, Apple's Plans to have a Monopoly of Products Based on Apple Designs, Move Ahead"


RE: Correction
By amanojaku on 8/29/2011 3:08:51 PM , Rating: 3
In the article the sub headline says blah, blah, blah...
Translation: come on, baby, just the tip

By BZDTemp on 8/30/2011 10:32:52 AM , Rating: 3
Have you looked at some of the things Samsung and others have done pre-iPad/iPhone time?

There are lots of things that have design and/or functions of which elements has then been re-created/re-invented by Apple. Look and you'll even find tablets used in the sci-fi movie 2001 which is not exactly a recent production.

Everybody is copying everybody and it used to mean the consumer and the best products won. Now it's seems like it's gonna be a company and some lawyers that win while the us consumers looses. Just imagine a start-up company putting out a new phone - the chances of this happening now is zero because no one will dare for fear of getting sued because the phone is say rectangular and sort of flat.

You should have a problem with Apple because in the long run they are hurting everyone but Apple!

"We’re Apple. We don’t wear suits. We don’t even own suits." -- Apple CEO Steve Jobs

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