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

No they don't. Not even close.

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.

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

There's plenty of users and growing everyday.

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.

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.

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.

“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.

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
“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.

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

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