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Ban is rejected, judges say no one is mistaking Samsung's tablets for Apple ones

U.S. Design Patent D504,889 and its corresponding patents in Europe, Australia, and elsewhere have stirred up a lively debate about patent law in relation to competition.  The Apple, Inc. (AAPL) design patent contains precious little text, so it's left to Apple's lawyers to interpret it, and is up to international courts to decide how broad the protected design space is.

I. Does D'889 Grant Apple a Monopoly?

Apple claims D'889 is essentially a blank check to a tablet monopoly.  While the pictured device in the 2004-era patent:

Apple D'889 patent

...has no buttons and is substantially different from the iPad in bezel size and form factor, Apple says none of that matters.  It says it has "invented" the minimalist tablet  -- in Apple's words a tablet with "slightly rounded corners,'" "a flat transparent surface without any ornamentation," and "a thin profile" -- and that competitors should not be allowed to produce rival designs of any size.  The only unspoken exception is Windows 8 tablets, as Microsoft Corp. (MSFT) owns a favorable cross-licensing deal with Apple.

In the U.S., Apple's claims of monopoly ownership were backed by the United States Court of Appeals for the Federal Circuit who decided in a May 14th ruling [PDF] that Apple's design patent was valid and that Samsung infringed on it. The ruling led to Judge Lucy Koh in U.S. District Court for the Northern District of California (San Jose/San Francisco) to institute a nationwide sales ban on Samsung Electronics Comp., Ltd.'s (KSC:005930) Galaxy Tab 10.1, despite her personal opinion that the patent was invalid.

Overseas in Britain, Apple's broad claims met a far different fate.  Judge Colin Birss stroked Apple's ego, while offering it a stinging court defeat.

II. UK Judge Rejects Design Infringement Claims

He writes, "[The Galaxy Tab line] do not have the same understated and extreme simplicity which is possessed by the Apple design... They are not as cool."

Despite the kind words, the Judge says that 50+ examples of prior art both in the industry and in fictional works show that Apple's 2004 idea was hardly "original".  The Judge considered it ludicrous that Samsung be expected to differentiate the front of its device, given that extra face buttons hinder the user interface and that the hardware form factor is almost entirely constrained by the multi-touch display, an industry standard.

Judge Birss says where tablets need to differentiate themselves is in the back face and profile.  He found that "unusual details" on the back of the Samsung devices, as well as a thinner profile, made them trivially distinguishable from the iPad.

Galaxy Tab v. iPad
The Galaxy Tab (left) is substantially different from the iPad (right) according to a UK Judge.  
[Image Source: Gadgets and Gizmos]

In short, he argued that Apple's lawyers were completely wrong in their argument that customers would confuse the Galaxy Tab 10.1 for iPads.

His ruling means that there will be no bans and no damages on a design basis.  A London court previously ruled that three of Apple's most-asserted EU technology patents were invalid on the grounds of obviousness and prior art, while a fourth was too narrow to sue Samsung and others.

Apple has 21 days to appeal the ruling to higher courts in the UK.  Otherwise it risks a complete loss in its UK efforts to kill Android in court.  Such a loss could spell a permanent end to the company's slew of suits in the European Union.

Amid the losses in the EU, Apple's bet at banning the competition may be in the U.S. However, it faces some tough tests, such as Judge Richard A. Posner who argues that the U.S. patent system is broken and that Apple is using the broken system to its advantage as a weapon to kill free market competition.

Source: Bloomberg



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This article is over a month old, voting and posting comments is disabled

Dear Apple...
By Motoman on 7/9/2012 4:01:11 PM , Rating: 5
...go f%ck yourselves.

Love,
The Internet




RE: Dear Apple...
By Tony Swash on 7/9/12, Rating: -1
RE: Dear Apple...
By semo on 7/9/2012 4:23:33 PM , Rating: 5
iBaa

Love,
Apple's sheep


RE: Dear Apple...
By ppardee on 7/9/2012 4:43:22 PM , Rating: 5
Its sheeple! Apple White is sheeple!


RE: Dear Apple...
By sprockkets on 7/9/2012 5:24:29 PM , Rating: 2
Ahh, Tony Swash! Please, I'm feeling nostalgic; do tell us the story again about Steve Jobs and the artists.


RE: Dear Apple...
By spread on 7/9/2012 5:35:41 PM , Rating: 4
Ask Tony to share his story about how Apple saved him and how he is reborn and has a better life thanks to their products.

I wish I was making this up.


RE: Dear Apple...
By Pirks on 7/9/2012 5:38:00 PM , Rating: 6
RE: Dear Apple...
By JasonMick (blog) on 7/9/2012 5:46:00 PM , Rating: 4
Pirks, I never thought this day would come, but that clever response earned you a '6'. Cookie for you, good sir.


RE: Dear Apple...
By Pirks on 7/9/2012 5:52:29 PM , Rating: 2
Wow, that was generous, thanks :)


RE: Dear Apple...
By Motoman on 7/9/2012 6:36:41 PM , Rating: 2
Well, that's been around for a very long time...but yes, sadly, it really pegs the Apple consumer mentality. And granted that there are so many of them...humanity is just f%cked.


RE: Dear Apple...
By Pirks on 7/9/2012 6:53:02 PM , Rating: 2
Nah, it's not just about Apple consumers, it's more like about all brand whores in general. Apple is nothing special here, Sony used to be just like that a few years ago.


RE: Dear Apple...
By Motoman on 7/9/2012 9:34:10 PM , Rating: 5
Nope, don't believe you. There has never been, and in all likelihood never will there be again, a brand that commands that kind of zombie-ish herd mentality other than Apple. Sony was never even close to that...I have no idea where you even came up with that.


RE: Dear Apple...
By sprockkets on 7/9/2012 10:53:34 PM , Rating: 3
At least sony made good products in the day, like the trinitron and walkman. AND they featured good sound quality. Remember MEGA Bass?

Memories :)


RE: Dear Apple...
By Pirks on 7/10/2012 12:14:20 AM , Rating: 2
quote:
At least sony made good products in the day
At least Apple does outstanding products RIGHT NOW, unlike Sony. I played with Retina MBP at the local Apple store last Friday - man what a craftsmanship! PC industry will never produce anything like that until next year, that's if we are very lucky. Such a thin, light and long lasting laptop with such a screen and other top notch internals... man if I were an OS X fanatic like Tony :)))


RE: Dear Apple...
By BZDTemp on 7/10/2012 7:51:01 AM , Rating: 2
They still make good products.

Cameras, TV's, Hifif, laptops, walkmans... and also lots of pro gear.

Sony learned from their mistakes and their stuff is a lot more open to widely used standards than Apple and Microsoft for that matter.

Look at the PS3 vs. the XBOX 360. The PS3 comes with instructions and software tools needed to swap the hard drive to any standard 2.5" SATA drive with the 360 one has to buy from Microsoft at a huge premium. With the PS3 you can use PC gear like keyboards, steering wheels as well as pretty much any Bluetooth headset while with the 360 it's all bespoke 360 gear....


RE: Dear Apple...
By Mint on 7/11/2012 11:14:02 AM , Rating: 2
I hate Apple's tactics and will probably never buy one of their products, but you can't make a blanket statement like that.

The iPod destroyed every MP3 player with its UI, and Apple used its might to drag the childish recording industry by the ear into the digital age with iTunes. MacBooks are generally overpriced, but it took ages for a PC to come out that was as light/powerful/affordable as the MacBook Air. The iPhone took a bunch of existing ideas and put it into a cohesive package, creating the modern smartphone before anyone else. Now we're seeing their buying power changing the direction of the display industry away from 100% cost reduction to one that puts a little effort into image quality.

So long as the courts keep rejecting Apple's anti-competitive behavior, the tech industry has benefited greatly from Apple's existence.


RE: Dear Apple...
By Cheesew1z69 on 7/11/2012 11:59:24 AM , Rating: 2
quote:
MacBooks are generally overpriced, but it took ages for a PC to come out that was as light/powerful/affordable as the MacBook Air
Um...lol


RE: Dear Apple...
By TakinYourPoints on 7/10/12, Rating: -1
RE: Dear Apple...
By Cheesew1z69 on 7/10/2012 10:33:43 AM , Rating: 2
Again, garbage to you , and thank god, you aren't everyone.

quote:
Apologists who excuse away
Everything Apple does.....

quote:
Mactards are annoying but fandroids have lived in a complete state of denial for years , its amazing.
No, they really haven't...


RE: Dear Apple...
By TakinYourPoints on 7/10/2012 4:43:44 PM , Rating: 2
Sure they do, they'll still claim Gingerbread is a good mobile OS. Really funny


RE: Dear Apple...
By nafhan on 7/10/2012 5:32:07 PM , Rating: 2
2.2 for about 6 months and 2.3 for the past year. Since I haven't really had any complaints in regards to the OS, I guess I'd be one of those crazy people who calls it good.

I do hear that I'm missing out on a LOT of smoothness...


RE: Dear Apple...
By Cheesew1z69 on 7/10/2012 9:33:47 PM , Rating: 2
4.i is amazingly smooth :)


RE: Dear Apple...
By Cheesew1z69 on 7/10/2012 9:35:09 PM , Rating: 2
4.0


RE: Dear Apple...
By Reclaimer77 on 7/10/2012 11:04:23 AM , Rating: 1
Troll/10


RE: Dear Apple...
By BillyBatson on 7/10/2012 3:49:22 AM , Rating: 2
I agree with you that Sony never had the zombie following that Apple does... But there was a time without Samsung, withou LG, and a bunch of others... A time when Sony did rule as the electronic brand of choice! When I was younger everyone had to have a Sony tv, Walkman, portable cd player, Sony surround systems, the MiniDisc (yes it was generally a flop but when it was first out there wasn't anything better), DVD players, later on their laptops eapecially the 11-13" models, and eventually the playstation....
All that is over now, but in the 80's and 90's whether you wanted the best or just to feel cool, Sony was the brand of choice. At that time if you said some company called Samsung would surpass Sony in quality and brand perception no one would have believed you.
Eventually the same will happen to apple the only question is whether that will be the end of brand worship or if we will be addicted to a much worse blood sucking brand.


RE: Dear Apple...
By Tony Swash on 7/10/12, Rating: -1
RE: Dear Apple...
By karlostomy on 7/11/2012 5:14:46 AM , Rating: 2
quote:
Apple sells the top selling handsets


Please can you post the most recent evidence where an apple handset has sold the most?
I think you are telling porkies.
Prove me wrong.

Also,
quote:
Apple is doubling in size every year

From what I have seen, Apple growth is slowing down, while the competition is catching up.

You seem to be fond of making vacuuous statements.
Where is the evidence?
The onus is on you.


RE: Dear Apple...
By xti on 7/10/2012 3:38:31 PM , Rating: 2
i vote you are just poor.


RE: Dear Apple...
By sprockkets on 7/9/2012 6:00:49 PM , Rating: 2
RE: Dear Apple...
By MadMan007 on 7/9/2012 6:44:38 PM , Rating: 2
I've seen this before, but 0:59-1:04 still makes me truly 'lol'.


RE: Dear Apple...
By mackx on 7/10/2012 3:48:37 PM , Rating: 2
dammit Tony, every time i want to downrate your comment everyone else jumped in before me.

i'm a sad panda :(


Clever judge?
By Paedric on 7/9/2012 4:18:57 PM , Rating: 2
I don't know if it's on purpose or not, but calling Samsung design "not as cool" is rather clever.
Indeed, if Apple appeals this judgement, which is based on the appearance of both tablet, it means they believe the tablets are nearly identical. Thus, either Samsung tablet is cool, or their is not that cool.




RE: Clever judge?
By carniver on 7/9/2012 5:38:01 PM , Rating: 2
I wish the judge has said that the Galaxy Tab isn't as HOT as the iPad


RE: Clever judge?
By distinctively on 7/9/2012 5:51:49 PM , Rating: 1
I think he's using the word "cool" from a small child's perspective. Let's face it, between the styling and the UI of the iPad, you end up with the appearance of something you get out of a McHappy meal. Anyone really cool would be embarrassed to be seen with one of those toys. The entire UI looks like it was drawn up with crayons.


I like my Tab 10.1 just fine.
By 440sixpack on 7/9/2012 5:46:26 PM , Rating: 2
Not too worried whether it's "cool" or not. It's a tool, not something cool. :-)




RE: I like my Tab 10.1 just fine.
By Motoman on 7/11/2012 1:11:16 AM , Rating: 2
...on the other hand, if you buy an Apple product, you're the tool...who thinks he can buy his cool.


The "Not As Cool" Defense
By GeorgeJSmith on 7/9/2012 6:52:49 PM , Rating: 3
Now that they've won a case based on their products being "not as cool" as Apple's, will they apply this defense to their other court cases? ie. "This lawsuit from Apple is frivolous, because our products are clearly not as cool as Apple's so no one will mistake them for Apple's."




why still valid?
By MadMan007 on 7/9/2012 6:58:16 PM , Rating: 3
quote:
...despite her personal opinion that the patent was invalid.


Wait, what? Isn't the point of fast-tracked patents that courts would work out their validity when necessary? Is there something about it being her 'personal' opinion which means she can't invalidate the patent, and what does that even mean for an opinion in an official capacity to be 'personal'?




OJ Simpson trial
By ljepava on 7/9/2012 4:37:36 PM , Rating: 2
Guess what, glove doesn't fit!




wet glove
By tharik on 7/9/2012 5:23:13 PM , Rating: 2
yes, if you have leather gloves that fit you, they will not fit you if you get them wet and dry them out.




WHITE
By LedHed on 7/10/2012 10:05:00 AM , Rating: 2
I think Apple is most threatened that other companies are using white, like the color white is also patented by Apple. If Apple actually did invent anything, I would hate to see the patents.




Broken Patent system
By carnex on 7/11/2012 3:46:40 AM , Rating: 2
With patent system this broken I'm surprised Amstrad doesn't sue Apple for copying their PenPad 600




Prior Art
By HolyAbraham on 7/11/2012 6:54:47 AM , Rating: 2
Nonsense! I own that patent!

http://youtu.be/uUCbDU8Cn5s?t=33s




Just f......g with your minds :)
By Tony Swash on 7/11/12, Rating: 0
separated at birth
By Nortel on 7/9/12, Rating: -1
RE: separated at birth
By Motoman on 7/9/2012 4:05:50 PM , Rating: 5
...and it wouldn't matter, because Apple's patent should never have been issued in the first place - as noted, there is whackloads of prior art demonstrating that Apple's patent should be null and void.

All we're learning is that the EU's patent system is just as hopelessly broken as ours.


RE: separated at birth
By Natch on 7/10/2012 8:48:42 AM , Rating: 3
This would be exactly like someone patenting the concept of the circle, 20 years ago, then suing Apple for making circular controls on the iPod.

And just like Apple, they should (rightly) be laughed out of court, for their foolishness.


RE: separated at birth
By kmmatney on 7/9/12, Rating: -1
RE: separated at birth
By theapparition on 7/10/2012 3:56:40 PM , Rating: 1
quote:
Same with the original Galaxy - a clone of iPhone 3G(S)

Let's see, it wasn't the same size, have the same size screen, or have a single button on the front. Camera on the back was in a different position, and the corners were sharper radius.

Yeah, clone if I ever saw one.


RE: separated at birth
By Cheesew1z69 on 7/9/2012 4:27:15 PM , Rating: 5
quote:
Comparing the Galaxy to the original ipad (wifi) they are almost identical.
Only to a blind idiot...


RE: separated at birth
By Tony Swash on 7/9/12, Rating: -1
RE: separated at birth
By sprockkets on 7/9/2012 5:27:08 PM , Rating: 5
quote:
Here's the simple truth.


You are an appletard. GFY.


RE: separated at birth
By Pirks on 7/9/2012 5:34:03 PM , Rating: 5
quote:
Apple releases the iPod. Soon all mp3 players start to look like the iPod
Lies, my Sansa player never looked like any iPod out there
quote:
Windows Phone - which isn't actually bought by anyone
Lies, there are about 15 million users of Windows Phone right now.
quote:
Apple releases the iPhone. Soon all phones start to look like the iPhone
Lies, a BlackBerry handset with hardware keyboard doesn't look like iPhone, any other Android slider doesn't look like iPhone, Dell Venue Pro, which is a Windows Phone slider, is also very different from iPhone.
quote:
Apple releases the MacBook Air. Soon all lightweight laptops start to look like the MacBook Air
Lies, my lightweight 15" Sony Vaio S (lighter than MBP 15") is nothing like any Macbook, and lightweight Samsung 15" ultrabook is also nothing like any Macbook. My ultraportable Asus UL80VT with unbelievable for Macolyte battery life of FOURTEEN HOURS is as far from Macbook as it gets.
quote:
Apple releases the iPad. OEMs rush to release me-too tablets
Lies, BlackBerry Playbook looks and feels different and way better than iPad.
quote:
If Apple releases an iPad mini later this year all smaller tablets will start to look like the iPad mini
Lies, if Apple rips off Playbook and releases something as slick and comfortable in 7" form factor then brainwashed consumers will flock to the stores to buy the Apple logo for double the price while non-brainwashed ones were buying that stuff much earlier for half the Apple price.
quote:
Are there any original design department left amongst the OEMs or did the taste and design free years of the old Microsoft hegemony gut the tech industry of creative designers?
If MS Surface is not creative enough for you you need help Tony ;)
quote:
Tim says he doesn’t want Apple to be the “developer for the world.”
You equate the world with Samsung but Samsung is not the world. If Samsung rips off some Apple designs doesn't mean the whole industry does.


RE: separated at birth
By Tony Swash on 7/9/12, Rating: -1
RE: separated at birth
By Pirks on 7/9/2012 6:59:09 PM , Rating: 3
Well... BB 10 phone to be released Q1 2013 is also going to have a hardware keyboard, at least one of them. The other with full touch screen is also not going to look an iPhone clone, you just have to use QNX on Playbook to understand why.


RE: separated at birth
By retrospooty on 7/9/2012 7:36:59 PM , Rating: 2
Pot, you leave Kettle alone.

Kettle, you stop teasing!


RE: separated at birth
By Pirks on 7/9/2012 8:02:59 PM , Rating: 2
Thorsten Heins has experience with turnarounds. He was at Siemens running the optical transport division at a time when it was losing money. It had an aged portfolio, outdated, under heavy attack from Chinese competitors, and he turned it around. Two years later, it turned profitable, and then it became the most profitable division of Siemens.

heheheee :) so who you calling pot, son? I'll listen to your babble the moment you turned at least ONE corporate division around. bye now troll! :P


RE: separated at birth
By retrospooty on 7/10/2012 8:05:29 AM , Rating: 3
I was referring to the blind idiocy you both hold so dear. It's just funny to see you both going at it. Thus pot and kettle via blind fanboyism.


RE: separated at birth
By Pirks on 7/10/2012 3:37:53 PM , Rating: 2
I have shown you a quote about RIM CEO above, that quote proves that idiocy holding troll here is you, I have at least some foundation to base my opinion on.


RE: separated at birth
By retrospooty on 7/10/2012 6:03:11 PM , Rating: 2
mmm hmmm... good luck with that.


RE: separated at birth
By geddarkstorm on 7/10/2012 12:38:38 PM , Rating: 2
Tony Swash and Pirks battling it out... Now I really have seen everything!

For some reason I can't stop picturing some sort of WWE female mudwrestling to describe these two.


RE: separated at birth
By Cheesew1z69 on 7/10/2012 12:52:50 PM , Rating: 2
Battle of the Dumbasses, tonight on WWE RAW!


RE: separated at birth
By Pirks on 7/10/2012 3:20:58 PM , Rating: 2
with a cheese clown being stomped upon multiple times in the process :P


RE: separated at birth
By Cheesew1z69 on 7/10/2012 4:07:05 PM , Rating: 2
Great comeback! Not. It's really a shame that being a moron such as your self isn't considered child abuse. It's pretty pathetic a kid has to grow up with you as a father.


RE: separated at birth
By Pirks on 7/10/2012 5:21:49 PM , Rating: 2
Ya I'll teach him how to pwn morons like you who can't even do their clown duties properly hehehe :)))


RE: separated at birth
By SlyNine on 7/9/2012 7:01:48 PM , Rating: 1
Which also makes you retarded, considering its just a rectangular device with a touch screen. How are they fucking supposed to look??? Is Goodyear supposed to be dammed for coping the shape of a wheel for its tires.

You act like its some great innovation. Just like their airbooks, They are just THIN laptops, What the F$%K are they supposed to look like???


RE: separated at birth
By marsovac on 7/10/2012 9:56:58 AM , Rating: 1
quote:
Soon all phones sold my companies with a chance of surviving start to look like the iPhone


deduction:

* copy Apple or DIE *

your reasoning:

* still should not copy Apple *

result:

* MONOPOLY *


RE: separated at birth
By Cheesew1z69 on 7/10/2012 12:58:19 PM , Rating: 2
He's a moron, don't listen to him.


RE: separated at birth
By swizeus on 7/10/2012 1:28:24 PM , Rating: 1
I really hope I'll be able to add another reputation to your comment. Tony is just way too Apple Zealot and takes others like a piece of shit that can't do anything without apple inventing it first. Pleaseee

Even Samsung MP3 Players never been close to any Apple music player, and they sound better, not troublesome when you have to convert MP3 to whatever apple likes it to play (and get you error when it says there is something wrong with your MP3 while the MP3 itself is fine)

I really interested in iPad. Very good battery, awesome display, only 1 thing, they don't support industry standard of Adobe Flash. No Thanks !


RE: separated at birth
By StevoLincolnite on 7/9/2012 5:35:30 PM , Rating: 3
In regards to tablets, Startrek showed concepts of tablets in the 1980's almost 30 years ago.

Microsoft actually released a Windows tablet 10 years ago.

And somehow... The average joe/Apple fans thinks that Apple invented the tablet and everyone is copying Apple.

I think everyone on this planet understands that a Tablet is going to be square, it's going to have a touch screen.
HOW are you supposed to differentiate from that fundamental design? By having a hexagonal shaped Tablet? It wouldn't work.
This patent is plainly a load of crap.


RE: separated at birth
By JasonMick (blog) on 7/9/2012 5:44:22 PM , Rating: 4
quote:
HOW are you supposed to differentiate from that fundamental design? By having a hexagonal shaped Tablet? It wouldn't work.
Why, the pyramid tablet, of course...

http://thecoolgadgets.com/wp-content/uploads/2011/...


RE: separated at birth
By TakinYourPoints on 7/9/12, Rating: -1
RE: separated at birth
By MechanicalTechie on 7/9/2012 11:33:20 PM , Rating: 4
Seriously where you born this way? Or dropped on your head as a child?

Are you trying to make the claim that Apple made the first rectangle tablet?

Reallllllllllllllllllly!??


RE: separated at birth
By TakinYourPoints on 7/10/12, Rating: -1
RE: separated at birth
By MechanicalTechie on 7/10/2012 1:18:09 AM , Rating: 2
huh? what do you mean but simple and stripped down.. all the tablets I used before the ipad (been developing mobile data capture software since 2004)where no different to apples tablet.

They may have been thicker... but that’s because of the technological limitations of the day.

Based on your theory everything should be patented.. even oblivious crap like basic design specifications... damn maybe I should put a patent out on a t-shirt... then I could destory the industry with baseless law suits!


RE: separated at birth
By TakinYourPoints on 7/10/2012 4:47:53 PM , Rating: 2
BS. A multitude of buttons on the face, a simple surface that keeps focus on the display, etc etc, the differences between pre and post iPad tablets are so obvious. Before the iPad was popular people were saying that it was merely a large iPod Touch, now they want the exact same thing in their Android tablets.

Bunch of apologists up in here, stop living in denial.


RE: separated at birth
By MechanicalTechie on 7/10/2012 7:42:21 PM , Rating: 2
Wrong again!!

I have the feeling that you never owned a tablet before your MaxiPad, to give you just one example Motion M1200(11yrs old now)... very similar to apples design specs... rectangle with a sleek design. Yes it is thicker(tech limitations of the time) and has 4 extra buttons on it but.. remember the M1200 is not a toy is an actual PC..

Sorry to burst your bubble.. Apple is full of sh*t!


RE: separated at birth
By TakinYourPoints on 7/10/2012 4:48:22 PM , Rating: 2
BS. A multitude of buttons on the face, a simple surface that keeps focus on the display, etc etc, the differences between pre and post iPad tablets are so obvious. Before the iPad was popular people were saying that it was merely a large iPod Touch, now they want the exact same thing in their Android tablets.

Bunch of apologists up in here, stop living in denial.


RE: separated at birth
By Cheesew1z69 on 7/10/2012 4:57:09 PM , Rating: 1
quote:
now they want the exact same thing in their Android tablets.
And because you know what people want? LOL...

You have absolutely no clue what people want....

And no SHIT the pre-ipad are different, the TECHNOLOGY was different and didn't really ALLOW for tablets to be as they are NOW...

Are you really this thick headed? Seriously?

You are slowly starting to slip into TS, TG, Pirks territory.

"i am not defending apple"....bullllllllllllllshit....


RE: separated at birth
By Final8ty on 7/10/2012 12:31:47 AM , Rating: 2
And 3 of them look similar to each other which means they copied each others and the same goes for the other 2 that are similar to each other.


RE: separated at birth
By StevoLincolnite on 7/10/2012 12:58:08 AM , Rating: 2
I counter your image with this one: tinyurl.com/6ssb92d


RE: separated at birth
By testerguy on 7/10/2012 1:21:46 AM , Rating: 1
Your image proves the same thing his original image does. The first tablet looks nothing like an iPad, but the one released AFTER the iPad looks very much like it.


RE: separated at birth
By Schmide on 7/10/2012 11:54:33 AM , Rating: 2
Why can't I upvote anymore?


RE: separated at birth
By Cheesew1z69 on 7/10/2012 12:23:25 PM , Rating: 2
You posted....


RE: separated at birth
By Schmide on 7/10/2012 2:14:15 PM , Rating: 2
and I didn't have the option before I posted.


RE: separated at birth
By JasonMick (blog) on 7/9/2012 5:42:55 PM , Rating: 5
quote:
Here's the simple truth.

Apple releases the iPod. Soon all mp3 players start to look like the iPod.

Apple releases the iPhone. Soon all phones start to look like the iPhone (with the possible honourable exception of Windows Phone - which isn't actually bought by anyone).

Apple releases the MacBook Air. Soon all lightweight laptops start to look like the MacBook Air.

Apple releases the iPad. OEMs rush to release me-too tablets, the only ones that sell in in anything other than derisory numbers start to look like the iPad.

If Apple releases an iPad mini later this year all smaller tablets will start to look like the iPad mini but will fail in the market place.

Are there any original design department left amongst the OEMs or did the taste and design free years of the old Microsoft hegemony gut the tech industry of creative designers?
There's some truth to your quote, but you're ignoring a HUGE GLARING POINT .

In any industry, the most successful player's products are always, ALWAYS emulated by others.

When Apple was stumbling through the 1990s no one was emulating it. HP and Dell weren't zealously copying its designs.

When the Apple Newton flopped, nobody wanted to imitate it. It was only years later when Palm built a thriving business on smaller, sleeker handhelds that companies like HP took note and began to copy.

When RIM was king of the smartphone industry, some OEMs like Kyocera tried to make BlackBerry look alikes. Is anyone really devoting that much effort to that now?

Apple is no stranger to "me-too" syndrome. The MacBook Pro was born out of carefully watching Sony's success earlier in the decade. The Vaio line was sleek, long-lived, and pricey. Apple lifted that model almost wholesale and birthed a highly successful laptop line. Today, as the MacBook Pro/Air line has eclipsed Sony, companies like Acer have looked to it for inspiration.

When the iPhone launched, Apple borrowed from RIM, taking to heart the need for a strong, flexible, intuitive message client and other core apps. This was very different from the Newton, which lacked solid core apps aside from I/O. Apple had learned. Apple had copied.

Likewise the Newton was bulky, ugly. Apple saw the success Palm had in the PDA space with large, full-screen touch devices. The iPhone veers very little from this model. Its looks borrows far more from Palm than from its own predecessor -- Newton.

Likewise Android surely borrowed from Apple in both the tablet and smartphone space. But with success, Google and Android OEMs have moved beyond imitation and have established themselves as the leaders in features, looks, and price in the smartphone market.

Yes Apple remains popular in the smartphone market and controls almost 2/3rds of its profits. But it is being outsold by Android, make no mistake of that.

And what happens next? Lo and behold mighty Apple begins to borrow from the new market leader, borrowing the notifications center, update images to transform icons in quasi-widgets.

Everyone copies, don't be dim. The issue here is that Apple thinks it is a God and deserves to be treated differently than everyone else in the market.

The issue is that Apple is looking to sue everyone for allegedly at one time copying it, all while having built its business on copying Palm, RIM, Sony, Xerox, and countless others and liberally borrowing from Android in a present context.

"me-tooism"? Your favorite company is no exception to the rule. It's just a hypocrite to boot.


RE: separated at birth
By testerguy on 7/10/12, Rating: -1
RE: separated at birth
By Cheesew1z69 on 7/10/2012 7:37:51 AM , Rating: 3
quote:
But I also don't think companies should be allowed to so blatantly rip off a product design in the way Samsung did.
And yet again, for the millionth time. They didn't blatantly copy them....they look nothing alike.


RE: separated at birth
By Pirks on 7/10/2012 3:32:01 PM , Rating: 2
Jason Mick has posted a picture here recently where Samsung phone was a 100% visual clone of iPhone. So you'd better be doing your clownish dances and funny tricks instead of arguing with Mick. You're no match for him. Got it cheesy? :)


RE: separated at birth
By Cheesew1z69 on 7/10/2012 4:09:45 PM , Rating: 2
Only a dumbass as yourself would say it's a 100 percent clone. Us people in the real world know better and can see the differences.


RE: separated at birth
By Pirks on 7/10/2012 5:34:37 PM , Rating: 2
Visual clone, idiot, VISUAL. It LOOKS exactly like iPhone. Even though the OS and apps are indeed different.


RE: separated at birth
By testerguy on 7/13/2012 2:56:18 AM , Rating: 2
I can't believe I have to keep reminding you that their own lawyer - the Samsung lawyer, was asked to point out which was the iPad, and which was the Galaxy Tab.

He couldn't.

Would that be true if:

quote:
.they look nothing alike.


?


RE: separated at birth
By spread on 7/9/2012 5:44:44 PM , Rating: 4
quote:
Apple releases the iPod. Soon all mp3 players start to look like the iPod.


No they don't. Not even close.

quote:
Apple releases the iPhone. Soon all phones start to look like the iPhone


No they don't. There are a few clones from China but that's about it.

quote:
exception of Windows Phone - which isn't actually bought by anyone


There's plenty of users and growing everyday.

quote:
Apple releases the iPad. OEMs rush to release me-too tablets


One correct point. Like a broken clock, you can be right twice a day.

quote:
the only ones that sell in in anything other than derisory numbers start to look like the iPad.


Nope. Completely wrong again. The ASUS Transformer series would like to have a talk with you.

quote:
If Apple releases an iPad mini later this year all smaller tablets will start to look like the iPad mini but will fail in the market place.


Nope. Wrong again. Mini tablets are already out, and they look damn good and sell reasonably well. Apple will of course copy these tablets and claim they invented them.

quote:
“The worst thing in the world that can happen to you, is if you’re an engineer and you’ve given your life to something, is to have someone rip it off.”


Wrong. Apple doesn't engineer, Apple designs. Steve Jobs would like to have a talk with you.

quote:
They don't need to win that often or that decisively, they just have keep at it and wear the OEMs down by making blatant copying too much of a fraught and difficult option to be worth pursuing. I hope Apple succeeds because what the tech world needs is more innovation not less, more original and bold product design and less me-tooism and asinine copying.


Apple's war is making more and more people hate them. I think this a fantastic idea. It's also pissing off their largest suppliers who Apple depends on for cheap parts and slave labor. You don't make huge profits if you have to make eveything from scratch.

I hope Apple keeps up the war until everyone sees them for the garbage they are. It's working.


RE: separated at birth
By Solandri on 7/9/2012 8:38:11 PM , Rating: 2
quote:
quote:
“The worst thing in the world that can happen to you, is if you’re an engineer and you’ve given your life to something, is to have someone rip it off.”

Wrong. Apple doesn't engineer, Apple designs. Steve Jobs would like to have a talk with you.

Actually, most engineers I know wouldn't care a whit if someone appears to have copied. Unlike purely creative endeavors like art and industrial design, engineers live in a world dictated by physics and natural laws. And everyone is subject to the same physics and laws.

If I'm given a bunch of things my product is supposed to do, once I take into consideration the constraints of material strength, state of the art, and cost, the design I engineer is probably going to be pretty close to the design any other semi-competent engineer will come up with. Take a look at the Lockheed L-1011 and the McDonnell Douglas DC-10. They were both created as short-to-medium range wide-body passenger jets given the constraints of the era's engine technology. The engineers at both companies working independently came up with virtually identical designs.

Likewise, if you're going for a minimalist design, the same thing will happen. There are only so many ways to pack all the components needed to make a functional tablet into the thinnest, lightest package. Physics will not let you deviate significantly without compromising elsewhere (weight, battery life, rigidity, etc). That's why design patents on minimalist designs are stupid. By definition nearly everything about the design is functional, which makes them ineligible for a design patent in the U.S.


RE: separated at birth
By boobo on 7/9/2012 7:40:32 PM , Rating: 2
More simple truths:

Android releases copy-paste (so Apple claimed that was not really necessary on a touch phone). Soon, all Apple phones had copy-paste.

Android releases multi-tasking (so Apple claimed that was not really necessary on a touch phone). Soon, all Apple phones had multi-tasking.

Is that in any way wrong? No! It's called progress. If an industry runs in the opposite direction every time any company of that industry does something good that the customers like, then that industry is doomed.


RE: separated at birth
By Don Tonino on 7/10/2012 3:51:20 AM , Rating: 2
It's funny that Symbian (and I believe also Windows Mobile) had those features for ages but nobody ever remembers.


RE: separated at birth
By glennco on 7/9/2012 11:00:20 PM , Rating: 1
prada phone says hi!


RE: separated at birth
By nafhan on 7/10/2012 10:21:52 AM , Rating: 1
Here's the real "simple truth" (hard to convey dripping sarcasm in text) along with a link to the Diamond Rio released in 1998:
http://en.wikipedia.org/wiki/Rio_PMP300
That looks a little bit like an iPod to me... We've got a little screen above some controls in a circular layout. Fact is, we're talking about classes of devices that are highly constrained by physical characteristics, and in almost all cases there were similar products to the one's Apple is selling before Apple sold them. Honestly, I'd be interested in hearing your take on how a tablet could not look like an iPad. Apple's legal counsel has, in the past, suggested that other manufacturers should make tablets look "cluttered" - which is ridiculous.

You're last paragraph is meaningless. It doesn't matter WHY Apple is doing something if what they are doing is bad for consumers and innovation in general. Yes, I'm disagreeing with your position that having a single supplier for all consumer electronics would somehow be good for innovation. Also, a competitive marketplace that benefits the consumer trumps some engineers emotional issues (seriously, why did you even quote that? I don't see why anyone would care if a billionaire CEO got his feelings hurt).

Finally, "blatant copying" is not what Apple is suing over. Apple is suing over general design similarities. Blatant copying would be selling a silver 4:3 10.1" tablet with an Apple logo on the back.


RE: separated at birth
By testerguy on 7/10/2012 1:17:49 AM , Rating: 1
quote:
quote: Comparing the Galaxy to the original ipad (wifi) they are almost identical. Only to a blind idiot...


Are you referring to the Samsung lawyer who couldn't tell them apart in court?


RE: separated at birth
By stevessvt on 7/9/2012 4:28:41 PM , Rating: 2
So what your saying because they both have black boarders on their faces, that means they are 'Separated at birth'? Things like different screen sizes make no difference. Different color backs mean nothing. Absence of any physical buttons on its face, nada.
The mere fact that they are both rectangles (of different proportions) and have black boarders mean that Samsung copied Apple.


RE: separated at birth
By Cheesew1z69 on 7/9/2012 4:31:59 PM , Rating: 3
That's what he is saying...and I am saying he is an idiot as evidenced by his comment.


RE: separated at birth
By Bateluer on 7/9/2012 4:40:34 PM , Rating: 2
Actually, being a black rectangle with rounded corners, would mean that Apple copied a design of Samsung's. Referring to various pre-iPad picture frame models.


"What would I do? I'd shut it down and give the money back to the shareholders." -- Michael Dell, after being asked what to do with Apple Computer in 1997














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