Print 103 comment(s) - last by testerguy.. on Jul 13 at 2:56 AM

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 testerguy on 7/10/2012 1:30:17 AM , Rating: -1
This whole rant misses one HUGE GLARING POINT .

You mention that specific minor ideas have been 'copied' by Apple, you cite copy paste and Palm. The bottom line is that the devices they produced as a result of said 'copying' were totally unique. The iPhone looks and behaves absolutely nothing like a Palm, which is a hideous, ugly and poor functioning device without a full HTML browser or touch gestures, and with buttons and a stylus. To claim iPhone is anything like a copy is a ridiculous joke. Do you think if Palm took Apple to court they could claim that customers can't tell them apart? Please.

Contrast this to the Galaxy vs iPad and how their own lawyer couldn't tell them apart. It's clear to anyone objective that Samsung set out to replicate the iPad - and they didn't innovate in any department along the way.

I don't believe any patent for 'minimalist tablet with rounded corners' should be permitted. But I also don't think companies should be allowed to so blatantly rip off a product design in the way Samsung did. They even copied the packaging. If you are blind to such obvious copying you need to reassess your objectivity.

RE: separated at birth
By Cheesew1z69 on 7/10/2012 7:37:51 AM , Rating: 3
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:

.they look nothing alike.


"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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