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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: Dear Apple...
By Tony Swash on 7/10/2012 6:16:02 AM , Rating: -1
quote:
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.


The zombie Apple customer theory is no doubt comforting. It implies that the wild popularity and intense customer loyalty that Apple products generate is somehow illogical or irrational. It implies that Apple customers have been fooled or are fools. And usefully is implies that the holder of the theory is vaguely superior to those who have fallen into zombiedom.

Such a theory was not rationally sustainable even in the days when the Apple customer base numbered the mere tens of millions and when it was only growing slowly. But now we live in a world where Apple customers number in the hundreds of millions and will soon exceed a billion, Apple sells the top selling handsets and tablet, the Apple based software platform is the dominant and most lucrative and Apple is doubling in size every year.

Clearly explaining this, for rational folk, would require moving beyond the 'Apple customers are zombies' theory but such a theory is obviously so emotionally satisfying that amongst those made slower witted by their tech anxieties it is still surprisingly popular. I wonder how big Apple has to become before even the slowest and most stubborn of those who cling to the comfort blanket of the 'Apple zombie customer' theory finally let it go for more rational analysis. I suppose with Apple set to continue to grow strongly we can find out empirically. I suspect some will never let it go no matter how silly it makes them look, to stop believing in absurdities is sometimes just too painful.


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.


“And I don't know why [Apple is] acting like it’s superior. I don't even get it. What are they trying to say?” -- Bill Gates on the Mac ads














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