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Despite recent setbacks, Apple vows to crush the pesky Samsung rebels.
Experts think that Australia's ban rejection could influence Apple's pending U.S. ban request

In his waning days, late Apple, Inc. (AAPL) co-founder and chief executive Steven P. Jobs proclaimed, "I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product."

Well it looks like Apple is going to have to keep spending, because it was just dealt a major defeat by the world's largest (international) Android phone maker Samsung Electronics Comp., Ltd. (KS:005930).  Apple saw one of its largest legal victories against an Android device maker -- its ban on Samsung's sales of its Galaxy Tab 10.1 tablet in Australia -- dashed in an instant.

I.  Apple has Seen Initial Win Slowly Erode

The original ban was put in place by Justice Annabelle Bennett said that Apple had a prima facie case regarding infringement, or in English, that it appeared at first glance that Samsung's infringement was self-evident given the facts.  

Specifically, she said that Samsung appeared to be infringing on an Apple touch-input heuristics patent (AU 2007286532) and a patent involving the manufacturing process used to make the iPad/iPad 2 touch screen (AU 2005246219).  The decision came in October; over two months after Samsung agreed to temporarily halt sales while Justice Bennett ponder the preliminary injunction.

Cheered by the win, Apple looked to extend its reach to Samsung tablets of all sizes, banning the Galaxy Tab 7 and Galaxy Tab 10.1v, which had not yet been explicitly banned in the region.  Apple's lawyer stated, "Samsung says Galaxy Tab 10.1, we say any tablet device."

It was there that it was dealt its first setback in the Australian court campaign.  Justice Annabelle Bennett dismissed the request for more preliminary injunction bans, saying she was not convinced that this "rolling mandatory injunction" (as Samsung's attorney labeled it) was warranted.  She commented, "It does seem to me not to be warranted that the sort of order that you've sought be applied."

Following that decision, Samsung offered to make peace with Apple in October, but Apple refused.

II. Judges Blast Ruling That Granted Apple's Preliminary Injunction Sales Ban

This week Apple's original victory appears on the verge of being erased by an Australian federal appeals court, opening the way for Australian gadget fans to enjoy the popular Galaxy Tab 10.1 tablet -- just in time for the holidays.  The full three-judge bench -- Justices John Dowsett, Lindsay Foster and David Yates -- unanimously agreed that the ban did not make sense.

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.

The panel apparently took special offense at Justice Bennett's claim that Samsung had infringed on Apple's touch heuristics patent, stated that she failed to evaluate whether competitors' constructions, including Samsung were truly materially the same as Apple's.  They commented that if she had "she should have found that there was no arguable case of infringement of the heuristics patent."

The panel said that Apple had "difficulties" proving the pertinent claim 6 of the touch screen manufacturing patent.  And they seemed even less convinced of the merits of Apple's assertions regarding the heuristics patent, commenting, "On the present state of the evidence we are unable to see that Apple has established a prima facie case of infringement of either claim 1 or claim 55 of the Heuristics Patent."

About the only positive for Apple is that the panel stated that Samsung's examples of prior art were weak enough not to offer self-evident (prima facie) evidence of infringement.

Samsung Galaxy Tab
The Samsung Galaxy Tab 10.1 is almost set to make its Australian debut after Samsung dealt Apple a court defeat. [Image Source: 9to5Google]

The Panel decided to briefly halt the lifting of the sales ban, allowing Apple to appeal.  Most experts seem to think that Apple will likely appeal, but that any such appeal is unlikely to convince the court to vacate their strong stance.

Samsung, wasn't a fan of the delay.  Samsung's legal representative Peter Chalk said the delay would "prolong the injustice held against Samsung".  He comments to the Sydney Morning Herald, "Any stay, even of a short duration, should not be granted..given the dependency of the Christmas trading period would … cause substantial injustice and hardship to Samsung'."

III. Apple Faces Increasing Adversity in Proving its Claims in Australian Court

If Apple exhausts its appeal, its only hope now is to wait for the main hearing in the case, which could be months away given Samsung's refusal to engage in an expedited trial.  While Apple could win in that hearing and gain another injunction, experts say this outcome may be unlikely as the preside Justice Bennett will likely be concerned with getting admonished again by the Appellate court that smacked her so hard regarding her first injunction.

Each loss for Apple at this point is a big deal, as the international legal community is watching the outcome of different cases.  While courts in America or Germany obviously give no legal precedence to Australian court decisions, judges often do keep tabs on their foreign peers' decisions in major international legal conflicts like this.

Further, Samsung is growing its mobile device family's sales at a much faster pace than Apple.  Apple already saw its fleeting smartphone sales lead stolen by Samsung earlier this year.  If Apple cannot unilaterally win bans on Samsung's tablets, it risks a similar fate in this market, which it currently owns a majority stake in.

IV. Apple Rejects Samsung's German Redesign

But Apple seems determined to continues its late co-founder's legal crusade to the bitter end.  The company has rejected Samsung's redesign effort in Germany, filing a request to ban the Galaxy Tab 10.1n variant, according to DOW Jones Newswires.

In September Apple won a decision from a German Judge who ruled that Samsung's tablet appeared to be infringement of Apple's intellectual property.  Unlike the Australian case where it asserted technical intellectual property, in Germany Apple made its case for infringement on a design (artistic) basis.  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.

The ongoing German dispute reflects on one of Apple's two chief legal strategies -- to assert that its design patents granted it sole artistic license to produce the kind of modern, minimalist tablet designs that the market demands.  Apple's second strategy -- as seen in the struggling Australian case -- is to prove that some aspect of the technology used to make Android tablets or create features inside the Android operating system was lifted from Apple's patented mobile work.

In the U.S. Apple is throwing the kitchen sink at Samsung, seeking a preliminary injunction on both a design and technology patent basis.

Sources: Sydney Morning Herald, DOW Jones Newswires

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Sucks to be Apple
By lightfoot on 11/30/2011 12:23:15 PM , Rating: 5
How bad does your company have to suck for the following statement to be true?

If Apple cannot unilaterally win bans on Samsung's tablets, it risks a similar fate in this market, which it currently owns a majority stake in.

You can't compete if you can't BAN your competition?

That tells me that Apple simply can't compete, period.

RE: Sucks to be Apple
By quiksilvr on 11/30/11, Rating: 0
RE: Sucks to be Apple
By tng on 11/30/2011 1:12:36 PM , Rating: 5
1) Listen to what consumers want (Siri for all, free tethering, etc.)
2) Put more I/O (microSD, microHDMI,etc)
3) Decrease price by 10%
They don't care about this stuff, at least SJ didn't. His ego was about what things he thought should be on the item and that overruled what customers wanted....

The only real thing that you can say here is that they designed stuff for millions of customers who are blissfully unaware that things like micro SD or HDMI even exist. How can it exist if it is not on their iPad/iPhone? A person I know insists that he doesn't want or need such things because if it was so great Apple would have put on on his iPad.

RE: Sucks to be Apple
By Etern205 on 11/30/2011 2:44:07 PM , Rating: 2
Steve J even wanted his own telecommunications company just of the iPhone. I'm glad his dream didn't come true.

RE: Sucks to be Apple
By masamasa on 11/30/2011 3:39:40 PM , Rating: 4
Steve who?

RE: Sucks to be Apple
By Natch on 12/1/2011 9:09:42 AM , Rating: 2
Hey, so long as it "has the wi-fi's", what else do you need?? ;)

RE: Sucks to be Apple
By Reclaimer77 on 11/30/2011 1:09:03 PM , Rating: 5
Apple has never competed on an open market because of their inherently closed products.

RE: Sucks to be Apple
By Tony Swash on 11/30/11, Rating: -1
RE: Sucks to be Apple
By its tom hanks on 11/30/2011 3:16:30 PM , Rating: 5
glad to see you realized how retarded you usually make yourself look, so you discovered some new words in the dictionary to try to cover it up this time.

anyway, i believe the purpose of your comment was that apple competes on an open market... care to elucidate?

RE: Sucks to be Apple
By Tony Swash on 11/30/11, Rating: -1
RE: Sucks to be Apple
By Piiman on 12/1/2011 8:32:18 AM , Rating: 3
"Which is logical of them as Apple's products are better :) " Better than what? Looking at their spec tells me they are just more expensive. They just put it in fancy packaging to fool the iSheep into thinking that its better. You've swallowed it hook line and sinker. Bend over iSheep, time for your koolaid injection.

RE: Sucks to be Apple
By TakinYourPoints on 12/1/2011 2:20:28 PM , Rating: 1
The new Tegra 3 in the Transformer Prime is slower than the eight month old iPad 2 in GPU benchmarks and in line with it in browser benchmarks.

ICS may help the latter, but nothing outside of better hardware will help its graphics performance. You'd hope for better hardware in a tablet that is made to compete with something released eight months ago. Competing hardware is supposed to leapfrog, not catch up. How will it compare when the next iPad drops in a few months?

Now this is the part where Fandroids talk about how faster specs don't really matter, and that real developer support doesn't matter either. I've seen it happen. The way you guys spin reality is hilarious.

RE: Sucks to be Apple
By protosv on 12/1/2011 10:55:23 AM , Rating: 3
Ok, let's address this point by point Tony.

Desktop PCs - You can only purchase the hardware from Apple (at a considerable premium over what it would normally cost) if you want to run OSX. Additionally, I'll go ahead and speculate that eventually, Apple would like to do to their Mac App Store what they've done to their iPhone/iPad App Store. By that, I mean forcing ALL software run on a Mac Desktop/Laptop to be purchased/downloaded from the App Store ONLY, and "sideloading" your own software that you purchased elsewhere will not be allowed. Of course, Apple will also be happy to take a 30% cut of the profits for the "privilege" of selling to the Mac user base. In any event, Apple is guilty of locking your software to your hardware, and hardly constitutes an "open" product. Granted, that has more to do with the software side of things than the hardware itself, but as we'll see, this trend of locking software to your hardware carries through to their other products as well.

Laptops - See "Desktop PCs" above.

Phones - Last I checked, you must purchase/download ALL apps from the Apple App Store if you want to run them on your iPhone. Sideloading is not allowed. Neither is jailbreaking to allow you to sideload apps. Thus, Apple has created a closed hardware-software loop. Android has no problem with sideloading apps, all you have to do is check a little box in the settings to enable. While Android will not "support" jailbreaking, they do not actively engage in an ongoing effort to thwart jailbreakers via "security updates". Remember, Android is, for now, OPEN SOURCE. This indicates a general attitude Apple has towards the market and the consumer, aka total control vs. individual customizaton. In addition, there's silly hardware stuff like an integrated battery, which robs people of the chance to either purchase an extended battery, or to keep a spare handy. Granted, it wouldn't make the phone look as sleek if you could swap the battery, but this represents an attitude of "form over function" that Apple often falls prey to.

Tablets - See "Phones" above.

Music Players - Once again, you're required to use iTunes, Apple's proprietary software, in order to manage your music collection with an iPod. There are a great many consumers out there who think iTunes is quite poorly written software and is a resource hog (experienced by non-techies as "it makes my computer really slow").There are numerous other devices in this market that will either allow drag-and-drop functionality, or will sync with a number of music programs out there such as Winamp and others. This can hardly be called "open" if I'm being told that I must use a specific piece of software with an iPod, software which happens to be written by the same people who make the hardware.

TL-DR version: Apple is not a maker of "open" products because they inextricably tie their software and hardware together, and if you don't use both in combination with each other, it will either not work or void your warranty.

RE: Sucks to be Apple
By augiem on 12/1/2011 2:47:14 PM , Rating: 3
Open market vs open platorm. You guys are arguing different points. Reclaimer's post did say open market , not platform . He's wrong. Apple's products are closed platforms in an open market of products.

RE: Sucks to be Apple
By TakinYourPoints on 12/1/11, Rating: -1
RE: Sucks to be Apple
By Piiman on 12/1/2011 8:35:45 AM , Rating: 2
"Ugh, hate corroborating Swash's posts but here goes."
You walk into a store, you have choices. You can buy an iPhone, you can buy a Windows Phone 7, you can buy a Blackberry, and if you're a sucker you can buy a trash Android device. You can buy a laptop from any number of manufactures, lots of choices out there."
LOL you actually sound like him. To recommend WP7 and BB and then call Android trash and for sucker shows you're true colors troll .

RE: Sucks to be Apple
By TakinYourPoints on 12/1/2011 2:13:19 PM , Rating: 2
Some people like keyboards and BES, so Blackberry. I know a few people who still love them and I'm not going to knock on them for it.

WP7 is an excellent mobile OS, I don't see why you're knocking on it so hard.

ICS may change my mind, I'll see when I get my hands on it, but until then Android is still a second rate product IMHO.

And Swash would never recommend BB or WP7. Wishful thinking on your part. I don't like the same things you do, I'm sorry you're so angry about it.

RE: Sucks to be Apple
By RjBass on 12/1/2011 8:46:20 AM , Rating: 1
It seems that when ever I see a post regarding Apple and I begin to read through the comments, the comments that are always tagged in red and have a 0 or -1 are usually from you or Pirks.

When I click on your user name I see a list of comments you have made, most of which have been rated at 0 or -1. I also see that your average post rating is around 0.43 or something really low.

Now being that I have been using forums and blogs for over 20 years now, I have come to know the type of poster you are as a troll. Your opinion nearly always differs with most, and your posts usually just irritate people. There is nothing wrong with having an opinion that is outside of the box, but when your post and arguments are moronic, flamefull, or just downright stupid, then you tend to draw negative responses.

Now they always say "don't feed the trolls" but in this case I just had to. In the end it most likely won't change anything, but hopefully at least now you know. Sir, you are just an internet troll.

RE: Sucks to be Apple
By Yames on 12/1/2011 2:51:05 PM , Rating: 2
Now being that I have been using forums and blogs for over 20 years now

Since 1991... A true Elder of the Internet.

RE: Sucks to be Apple
By RjBass on 12/1/2011 3:42:32 PM , Rating: 2
Well not the internet back then. Mostly just dial up bulletin boards with message forums and such. That 2400 baud modem I had was awesome back then.

RE: Sucks to be Apple
By ProZach on 12/1/2011 7:59:25 PM , Rating: 2
Ah, a rich kid ;) j/k

I vividly recall being new to BBS's, specifically the time re-attempted downloading 4DOS v4.00 and hoping someone didn't pick the extension and abort the process (I was using Xmodem with no resume since Zmodem wasn't an option). That 300K download took long enough to listen almost the entire Nevermind album.

As for Apple and Tony Boloney- they weren't nearly as annoying back then (a risky assumption on the latter part, I know).

RE: Sucks to be Apple
By Tony Swash on 11/30/11, Rating: -1
RE: Sucks to be Apple
By Gio6518 on 11/30/2011 2:24:39 PM , Rating: 2
where do you come up with this stuff, the link you posted says.....

Top 5 U.S. Tablet Brands (excluding Apple)

Top 5 U.S. Tablet Brands (excluding Apple)
Retail Sales Jan-Oct 2011

Manufacturer Unit Share

Hewlett Packard 17%

Samsung 16%

ASUS 10%

Motorola 9%

Acer 9%

Which would equal 61% are not Apple.........


Which does coincide with last months reports of Android taking 27% of the Tablet marketshare

RE: Sucks to be Apple
By Tony Swash on 11/30/11, Rating: -1
RE: Sucks to be Apple
By Gio6518 on 11/30/2011 3:13:33 PM , Rating: 5
The reports excludes the iPad and thus the various percentages shown are the share of the non-iPad table market

If that were the case the numbers would total 100%

Android did great on Black Friday all the stores were sold out of Android tabs and were sitting on stockpiles of iPad 2 especially whith the ASUS Transformer 16gb at $250. So yeah what I posted would be accurate, especially no where in that article supported your math

RE: Sucks to be Apple
By retrospooty on 12/1/2011 7:31:05 AM , Rating: 1
I think what the poster above meant, and worded badly is that Apple is afraid to compete in an open market for fear of what happened in Mac v. PC years ago.

Yes, right now, they own the tablet market, but with cheaper alternatives with more options start to flood the market, that lead will rapidly deteriorate. Apple is doing their best to sue their way out of that scenario, rather than have to compete based on product and price (thus open, equal market).

RE: Sucks to be Apple
By TakinYourPoints on 11/30/2011 2:47:45 PM , Rating: 1
You have to note that these percentages of non-iPad tablets are from a total of 1.2 million units sold in the US.

The percentages TS posted are from an estimated conservative 10 million iPads sold in the US out of 25 million sold globally between January and October of this year. Given those numbers, yes, non-iPad shipments are about 10% in the US, with almost 20% of that figure being from the Touchpad firesale.

The 10 million US out of 25 million global iPad sales is a bit of a conservative guess, but Apple only released global sales figures. If US iPad sales were more than half of the 25 million then obviously the non-iPad figure is even lower than 10%.

The other important thing to note is that the numbers in your link refer to sell-in to retailers, not sell-through to customers. There is a big difference there. What official sales figures show right now is that the number of shipped Android tablets far exceeds the number actually sold, and that most have sat unsold on shelves.

RE: Sucks to be Apple
By Tony Swash on 11/30/11, Rating: -1
RE: Sucks to be Apple
By cjohnson2136 on 11/30/11, Rating: 0
RE: Sucks to be Apple
By Tony Swash on 11/30/11, Rating: -1
RE: Sucks to be Apple
By Cheesew1z69 on 11/30/2011 3:02:11 PM , Rating: 1
And your reality, is certainly not reality.

RE: Sucks to be Apple
By cjohnson2136 on 11/30/2011 3:28:03 PM , Rating: 2
And how do you explain the market share % presented by businessweek by OS? There it states Apple has 66% which is no where near you 89% you assumed wrong.

RE: Sucks to be Apple
By TakinYourPoints on 11/30/2011 3:56:57 PM , Rating: 2
Check the footnote on the page. Businesswire's numbers are sell-in to retailers, not sell-through to customers. NPD's numbers are actual sold units to customers. There's an important difference there.

RE: Sucks to be Apple
By Tony Swash on 11/30/11, Rating: -1
By AnnihilatorX on 11/30/2011 12:25:55 PM , Rating: 4
The German ruled that Galaxy Tab 10.1, 8.9, and 7.7 all looked too much like the iPad in their "minimalist" designs

The German judge need a reality check.

A tablet is by definition a thin touch screen device with no keyboard.
All TFT displays are rectangular, and many gadgets are black in color. There is no way you can make a tablet without looking like the iPad. Just look at all the touchscreen smart phones, they all look similar.

I suppose Samsung should try to reinvent the wheel and make a circular tablet?

Any legal ground Apple has is at most the look and feel of software UI, but even that is flakky as they are basically patenting a grid of icons.

By Reclaimer77 on 11/30/2011 4:24:54 PM , Rating: 3
LOL right Tony, oops I mean Takin, because we all know power adapter styling is such a crucial determining factor when people go to buy a pad. I'm sure Samsung rushed right out to copy such a key design!

Samsung consumer goods are historically a small step away from Chinese knockoffs.

That's such an absurd statement I don't even know where to start. Business Insider's "tech" editor is notorious for being an Apple fanboi. With such amazingly biased editorials such as "Why Apple will Dominate the Tablet Industry for years to come". Years to come? They aren't even dominating TODAY.

Apple's iPhone is a total ripoff of the LG Prada. At least be willing to admit that before you pile on Samsung. Are you going to admit it, that's the question.

Seriously do you guys even listen to yourself when you say bullshit like this?

By Reclaimer77 on 11/30/2011 7:39:20 PM , Rating: 2
I'm being assaulted from all the slobber flying from your and Tony's mouth. If, in fact, you're different people.

I don't know if you've been paying attention, but more and more you guys's rhetoric is starting to mimic itself.

By TakinYourPoints on 12/1/2011 12:05:52 AM , Rating: 2
What rhetoric, those are official sell through numbers. I guess if they don't align with your fanboy bias then it's rhetoric though, cool.

And yeah, we're all different people. Unlike Swash and Pirks I actually think Microsoft makes awesome products. I think WP7 is great, I just think Android is trash, that's all. We'll see how much ICS changes things and how long the newest hardware is supported, but until then I'm sorry my opinion differs from yours.

By Aries1470 on 12/1/2011 3:28:25 AM , Rating: 2
Hi Takin,

I must concur with you. WP7 at this moment with the Nokia N9 looks great. Had a test in a shop, but then... I will miss my android eco-system and what I have gotten use to over the last 20 months, from 1.6 to 2.3 :-)

But I would like to say, that when iPhones start exploding, it brought back bad memories of years gone by...

Here is a link of an unrelated site:

Now it does put the 'blame' on the 'battery', but then again, how is it that other brands have for so long not had an issue and actually you are now allowed on certain flights to use mobile phones, not to mention that for years laptops were and are allowed, just some 'damage control' as to not tarnish the image of '(cr)Apple'.

Fact, years ago, Nokia and Sony had issues with their batteries, they were recalled.
Fact, for years Lithium-Ion / Li-Poly batteries have been used in laptops.
Fact, a Cargo airplane caught fire and killed everyone, reason was a pallet of batteries, hence the RULE that they (batteries) are not allowed on airplanes. I have not checked the fine print... but large quantities are not allowed or they have to be removed from device or have to go with your luggage, not in the pressurised area for some reason.

Fact, Great pic of the iPhone :-)

p.s. I know it can happen to other phones, but the quality has gone up, NOT down!
p.s.2 End of rant ;-)
p.s.3 My old Nokia N93i has grids for icons, heck even my ancient T230 Sony Ericcson...
p.s.4. Ok, I will give it a rest, but that N9 is tempting ;-)

By TakinYourPoints on 12/1/2011 3:36:37 AM , Rating: 2
The new Nokias look wonderful. I can't wait to get my hands on one.

By TakinYourPoints on 12/1/2011 4:02:30 AM , Rating: 2
Also, batteries explode, very EXTREMELY rarely but it happens. Everyone gets batteries from the same sources and failure/recall rates are in line with one another. When HP, Dell, and Apple had massive battery recalls several years ago, it was all from the same source, Sony.

More cool pics:

This article mentions planes too, funny enough. Either way it happens, fact of life.

In the case of a mobile phone battery the danger of one catching on fire are about the same as a nightlight catching on fire. Not that bad. You're right that it's a greater danger on airplanes, but I don't think it's a reason to stop carrying phones since the odds are so remote. It's what, one in a hundred million?

There are so many false iPhone/Droid/whatever reports of batteries exploding, and all have been shown to be very sketchy. The plane example you posted is the first one that seems totally legit, and that's because of known issues with batteries in airplanes. Either way, I don't think tens of millions of people need to worry about their smartphones being hand grenades.

There's a huge difference between a beyond remote possibility of a tiny device popping and a giant pallet stacked with full size laptop batteries exploding. :)


By Aries1470 on 12/1/2011 4:46:00 AM , Rating: 2
in reply to:
This article mentions planes too, funny enough. Either way it happens, fact of life.

The reason it mentions about planes, is that it is a published magazine here in Australia, and to my knowledge it should be at select international news stands too.
It is one of a couple of respectable magazines in the airline / airplane industry still made and published here.

I hope that clarifies the reason it mentions about planes ;-)

Rex is the largest independant Regional airline in Australia.

Btw, thank you for the link.

By Cheesew1z69 on 12/1/2011 8:36:32 AM , Rating: 2
It sure is...I am beginning to believe they are on in the same.

By Camikazi on 11/30/2011 7:35:07 PM , Rating: 2
I still find that picture AMAZINGLY STUPID, does no one anywhere realize all those tablets are x86 Windows based laptops? Before ARM was strong enough, before x86 was small enough and low heat enough to be thin? If Apple were to have made a tablet before ARM got powerful enough they would be either PPC or x86 based and be exactly as thick as those tablets.

Apple was not the reason that tablets changed, ARM was the reason, ARM making chips powerful enough, small enough and low heat enough to run a powerful OS made the iPad and Android tablets possible now. People need to stop being stupid and comparing those tablets to each other, you cannot compare an x86 tablet to an ARM one. ARM is designed to be low power and to be used in mobile devices from the ground up, x86 is designed to be powerful and versatile and not low power. Anyone with half a brain could tell you that is the reason the tablets looked so different.

By Omega215D on 12/1/2011 7:28:02 AM , Rating: 2
Which was the result of the Pocket PC or Palm Pilots of yesteryear.

Touchscreens with multitouch or swipe downs aren't remotely new but young hipsters and Apple are too stupid or vain to realize so.

By augiem on 12/1/2011 2:54:17 PM , Rating: 2
Wow, tablets with some ergonomics and a grip to hold onto? I like it! Screw this minimalist, thinner is better crud. Someone forgot their design school ergonimcs lessons at Apple (and therefore the rest of the industry that followed).

By Obujuwami on 11/30/2011 3:58:11 PM , Rating: 2
Actually, Apple owns the wheel idea too...

boo ****ing hoo
By sprockkets on 11/30/2011 12:25:56 PM , Rating: 2
Have a nice day paying for their missed sales apple. And don't forget, SJ is still dead.

Apple is Doomed TM.

RE: boo ****ing hoo
By Gio6518 on 11/30/2011 2:17:35 PM , Rating: 2
Have a nice day paying for their missed sales apple.

Thats what I thought...Didn't Apple agree to reinburse Samsung for lost sales if they lost the case

RE: boo ****ing hoo
By Solandri on 11/30/2011 2:27:51 PM , Rating: 2
I believe that's only in the EU, and that in Australia Apple only has to pay Samsung's court costs.

RE: boo ****ing hoo
By Tony Swash on 11/30/11, Rating: -1
By LordSojar on 11/30/2011 12:24:54 PM , Rating: 4
Zombie Steve Jobs will eat your brains for this Samsung! ARRRRRRRG! BRAAAAINS. 40 billion is enough to create the T-Virus right?

By Motoman on 11/30/2011 12:35:48 PM , Rating: 2
"I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product."

...isn't this the same guy who proudly proclaimed how Apple was going to be "shameless" about stealing themselves?

RE: Hmmm
By adiposity on 11/30/2011 3:05:53 PM , Rating: 2
"Stealing ideas" was the quote. Stealing a product is not the same as using someone else's idea.

Of course, I don't agree that Android is a stolen product. It borrows some ideas from iOS, sure, as iOS borrows ideas from plenty of other things.

Here's hoping Sammy wins in Germany, too.

This is good news for the consumer
By masamasa on 11/30/2011 12:45:35 PM , Rating: 2
Competition is healthy, monopolies are not.

Timed lawsuits
By jimbojimbo on 11/30/2011 2:57:32 PM , Rating: 2
I have a feeling right after Christmas is over Apple's going to lay off of the lawsuits. Then maybe some time in June or July they'll start filing like crazy and sue to ban every company! If they even get one out of all the lawsuits that one product that can't compete during the holiday buying times and that's their strategy.

Apple makes good products
By kookyMooky on 11/30/2011 3:49:28 PM , Rating: 2
And if they kept doing so they will be successful. The whole idea of having to sue their competitors to stay competitive has tarnished their once clean image. The further they continue on this path the worse it will be for them.

Heuristics algorithm.
By fteoath64 on 12/2/2011 2:54:53 AM , Rating: 2
Samsung can just say, " We do not use heuristics, we use plain common-sense logic, nothing more". This is one case, Apple will try to keep chasing and will lose eventually. They need to understand that there is "legal copying" all they needed to do was to change their designs often and packaging in different ways to keep up.
Think of the amount of publicity they have given to Samsung. Not that Samsung needs it, they are doing well on their own, thank you.

Apple is such a...
By solarrocker on 11/30/2011 12:10:30 PM , Rating: 1

Small Correction
By One43637 on 11/30/2011 2:22:40 PM , Rating: 1
The panel apparently took special offense at Justice Bennett's claim that Samsung had infringed on Samsung's touch heuristics patent, stated that she failed to evaluate whether competitors' constructions, including Samsung were truly materially the same as Apple's. They commented that if she had "she should have found that there was no arguable case of infringement of the heuristics patent."

On another note, I'm glad to hear that there are some sane judges out there in the world who are not completely ignorant about technology that they allow the most vague patents to cloud reason.

Yes, I agree, the current US patent system is borked.

By TakinYourPoints on 11/30/11, Rating: -1
RE: Sweet
By MechanicalTechie on 11/30/2011 6:27:51 PM , Rating: 1
Yo Apple fan boy your totally missing the point!!

How come you can't see how much of an twat you look when you always... and yes i mean always defend Apple... do you seriously think Apple can do no wrong??


RE: Sweet
By TakinYourPoints on 11/30/11, Rating: 0
RE: Sweet
By Reclaimer77 on 11/30/2011 7:07:04 PM , Rating: 2
Sorry but calling all Androids tablet "out of date and nobody want's" IS trolling. Plain and simple.

RE: Sweet
By TakinYourPoints on 12/1/2011 12:01:53 AM , Rating: 2
No, it's the truth. Like I said, trolling is a side effect, I can't help it if your feelings are hurt.

RE: Sweet
By TakinYourPoints on 12/1/2011 3:42:29 AM , Rating: 2
And look at this, Tegra 3 review just dropped:

GPU performance that can't keep up with a tablet that is eight months old, and browser performance is in line. You'd hope that it would be leapfrogging the A5 significantly given how late to market it is. What'll it look like when the A6 drops in a few months?

RE: Sweet
By Piiman on 12/1/2011 10:17:05 AM , Rating: 2
No its an out right lie.

1.If no one wanted them Samsung (and MANY others) wouldn't be making and selling them

2. If no one wanted them Apple wouldn't be afraid to compete with them.

Obviously many people want options and do buy them.

RE: Sweet
By Tony Swash on 12/1/11, Rating: 0
RE: Sweet
By Cheesew1z69 on 12/1/2011 11:11:44 AM , Rating: 2
What a silly and pathetic spectacle you make of yourself, everyday.

RE: Sweet
By MechanicalTechie on 11/30/2011 7:24:40 PM , Rating: 2
Trolling... your kidding right?? I don't own a smartphone(I'm just not cool enough) so I really couldnt care less about any of the phone makers or their OS.

Your obliviously too personally attached to Apple to see what is the vast majority of people here object to.. so there is no point in trying to explain it to you.. because if you can't see it by now then your a lost cause...

It's really very sad that your so attached to a company that wants nothing more than to milk you for every penny you have.

RE: Sweet
By matty123 on 11/30/2011 8:32:31 PM , Rating: 2
It's really very sad that your so attached to a company that wants nothing more than to milk you for every penny you have

Sssshhhhhhhhhh, don't tell him, apple's whole model relies on people paying premium prices for inexpensive hardware and then having their fans blindly defend and justify the added expenditure. lol

RE: Sweet
By MechanicalTechie on 11/30/2011 9:06:06 PM , Rating: 2
Yeah.. probably won't matter.. their so brainwashed that common sense was flushed out a long time ago

RE: Sweet
By TakinYourPoints on 12/1/2011 12:00:05 AM , Rating: 1
I don't own a smartphone

Sorry that you're poor bro

RE: Sweet
By MechanicalTechie on 12/1/2011 12:24:00 AM , Rating: 2
HA! That's right embarrass yourself with more stupid comments!!

RE: Sweet
By TakinYourPoints on 12/1/2011 3:38:34 AM , Rating: 1
So poor and so mad

RE: Sweet
By Cheesew1z69 on 12/1/2011 8:48:20 AM , Rating: 1
Sorry that you are a pathetic troll.

RE: Sweet
By spaced_ on 12/1/2011 12:53:23 AM , Rating: 2
If you think Apple's law suits are stupid, then why do you feel it is your goal in life to defend their stupidity on a news web site?

RE: Sweet
By TakinYourPoints on 12/1/2011 3:44:31 AM , Rating: 1
Reading comprehension dude. Read the post and the reason is pretty obvious.

Troll-bait is working predictably though, look at all these responses.

"We can't expect users to use common sense. That would eliminate the need for all sorts of legislation, committees, oversight and lawyers." -- Christopher Jennings

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