Apple loses one in its iPad tablet war with Samsung

Apple loses one in its iPad tablet war with Samsung

Summary: A German court has made a preliminary ruling that Samsung's redesigned Galaxy Tab 10.1 does not violates Apple's iPad intellectual property.

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According to the German court, the top Samsung 10.1 tablet design doesn't violate Apple's iPad design. The bottom one does.

Take a long look at the two versions of Samung's Galaxy Tab 10.1 on the right. One, says a German court, violated Apple's iPad intellectual property (IP) design and thus couldn't be sold in the European Union (EU). The other one is fine and dandy and can be sold. Can you tell the critical IP differences? Try to work it out before this story's end.

As you may recall, Apple managed this summer to get the Samsung Galaxy Tab 10.1 banned from being sold in the EU (European Union) because its design looked too much like an iPad. That was a dumb decision. Any tablet has to look pretty much like any other tablet. Now, though, it appears that the tide has turned against Apple. The German court has preliminarily decided that Samsung's revised design no longer violates Apple's iPad design.

According to the Reuters report, Judge Johanna Brueckner-Hofmann, who issued the first rulings against Samsung is now saying that, "the defendant has moved away sufficiently from the legally protected design." A final ruling though won't come until February 9th at the earliest. So much for experts who claimed that she was firmly on Apple's side and that she "considered the Galaxy Tab 10.1 an iPad rip off."

Apple iPad design - it's been done before (images)

Apple, despite its global legal efforts to defend its iPad sales against all comers has been losing lately. Besides this preliminary decision, Motorola Mobility, for instance, also recently won a preliminary injunction that blocks European sales of all Apple's 3G-enabled devices.

Of course, we're still years away from seeing the mobile software and design patent wars seeing any real resolution. To give one example, Apple was recently awarded a patent over using applications while making a phone call on a smartphone. I don't know about you, but I seem to recall something called "multi-tasking" in computing that's been around since the 1960s that covers Apple's new intellectual property discovery, but what do I know?

All I really know is that while it looks like the idiotic tablet design war may be coming to an end, with patents like the one Apple got, we can count on software patents getting in the way of true programming, design and engineering innovation for decades still to come.

Oh, and the designs? The critical points for the court, it seems, were the thicker bezels on the sides, the addition of a chrome edge, and an all but invisible change to the speaker grills' orientation. Yeah, it sure makes a big difference doesn't it?

Related Stories:

Android's Revenge on Apple's iPhone & iPad

Motorola secures Europe-wide sales ban on iPhone, iPad

Apple and Oranges: Apple's tablet design suggestions

Samsung given Galaxy Tab go-ahead after Apple loses sales ban bid

Apple's Worldwide War on Samsung and Android

Topics: Laptops, Apple, Enterprise Software, Hardware, iPad, Mobility, Samsung, Tablets

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  • RE: Apple loses one in its iPad tablet war with Samsung

    There will never truly be justice in this world so long as Samsung is allowed to sell a thin, rectangular shaped tablet.
    dsf3g
    • Apple will lose the patent war.

      And has not started losing most of the legal battles. Most of their "patents" will become useless.

      Considering Apple behaves like a patent troll and works with them (google digitude). They have unleashed a storm thats going to hurt its bottom line.

      Being banned in Europe, Australia shortly and US, is going to hit Apple's sales (not appeal). And even though they have a lot of money in the bank, its not good when you cant sell your products.

      The patent that was awarded yesterday can be easily overturned because its basically multitasking and its easy to define it as prior art.
      Uralbas
      • That digitude story is amazing, disgusting behavior from Apple

        @Uralbas
        Everyone needs to read up about this digitude story. Apple is now officially a patent troll.
        toddybottom
      • RE: Apple loses one in its iPad tablet war with Samsung

        @Uralbas The Microsoft can sue Apple for not getting a Patent Troll license? Being a [b]Patent Troll[/b] is a Microsoft painted business practice. Microsoft has spent years spreading F.U.D., making false Patent Infringement claims, and engaging in Protection schemes. They would flip a nut, if Apple was copying their business model. ;) :P
        Rick_Kl
      • RE: Apple will lose the patent war.

        @Uralbas Everyone is losing the mobile patent war; except for the lawyers (even the ones that lose in court).

        All of these companies, including Apple, Microsoft, Motorola Mobility (soon to be Google) and Nokia, have some valid IP. I'm wondering when these companies will get to the point where "enough is enough" and collectively "drop the hatchets" with cross-licensing arrangements. And promptly return to their respective core businesses.
        Rabid Howler Monkey
      • You've just described Apple to the letter.

        @Rick_Kl

        Nice try at a red-herring, diverting attention from Apple's stupidity, blunders and greed.

        Even funnier is you spew BS+FUD about Microsoft, when in reality, you've perfectly described Apple as it is, and as is seen by the majority of the population, not only of the USA, but the entire world! Including their legal jurisdictions courts of law.

        Cry wolf eh? Now who's the greatest thief? For dense types, it's Apple!

        Since we're onto Apple vs. Samsung Galaxy Tab "Slavishly Copied" (or so claims lying low-life Apple) then explain this:
        https://encrypted.google.com/#hl=en&source=hp&q=samsung+photo+frame+2006

        Which clearly proves Apple stole Samsung's design concerning the iLook&Feel BS!

        Yeah, the only real thief and ultimate patent-troll here is Apple! And factually is the only one being currently investigated by the DOJ and EU for antitrust anti-competitive illegal actions.

        Not Microsoft, but Apple.

        No amount of Apple Apologist BS+FUD can counter actual verifiable facts.

        [i]~~~~~~~~~~
        Truth is generally the best vindication against slander.
        ~ Abraham Lincoln (1809 - 1865)

        The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.
        ~ Winston Churchill

        It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently.
        ~ Warren Buffett[/i]
        WinTard
      • RE: Apple loses one in its iPad tablet war with Samsung

        @Rabid Howler Monkey

        [quote]@Uralbas Everyone is losing the mobile patent war; except for the lawyers (even the ones that lose in court).

        All of these companies, including Apple, Microsoft, Motorola Mobility (soon to be Google) and Nokia, have some valid IP.[b]I'm wondering when these companies will get to the point where "enough is enough" and collectively "drop the hatchets" with cross-licensing arrangements[/b]. And promptly return to their respective core businesses.[/quote]

        I'd give credit where credit is due. Let the one who started the war (Apple) apologize publicly to all others, pay damages for their greed, and plead for cross-licensing peace. Since Apple started this, it would only seem reasonable they would initiate peace-talks?

        Else, it won't be MAD (Mutual Assured Destruction), it will only be the end of Apple. Death by a thousand cuts - since they stand apart from everybody else.

        Except that Apple's solid technical patent arsenal stands practically at zero, and have 850 artsy-fruity ones of dubious validity.

        See who prevails in the long run, when one can't make any sales for being banned of a market or another.

        Another example of utmost stupidity: Only Samsung makes the A4, A5 and A6 CPU. Nobody else. It would be so easy for Samsung to disrupt the life-blood-oxygen supply chain, by simply cutting off Apple from any parts Samsung makes. Then see Apple attempt selling incomplete non-functional products? Food for thought?

        The point being, who's in a vulnerable position here?

        [i]~~~~~~~~~~
        What goes around, comes around.
        {English Idiom}[/i]
        WinTard
      • WinTard.. how old are you?? like 12??

        @WinTard.. You don't seem to understand how the world works..

        do you understand that making Apple's chips representsw Billions of dollars of revenue for Samsung right? you understand that Samsung signs agreement with manufactures when they are contracted to build parts right? you understand that in those contracts, if they don't produce those parts by a certain day they will undoubtedly have to pay penalties, usually on a daily basis each day those part don't materialize right? Samsung could literally go bankrupt by not giving Apple it's parts..
        theFunkDoctorSpoc
      • Yet another example of MS copying Apple

        @Rick_Kl

        I wonder where MS got the idea to be a patent troll?

        Hmmm. [b]Very[/b] similar to the Apple business model. Makes you wonder...
        :)
        William Farrel
      • @theFunkDoctorSpoc how much Kool-Aid did you drink?

        @theFunkDoctorSpoc
        You said:
        [quote]WinTard.. how old are you?? like 12??

        @WinTard.. You don't seem to understand how the world works..

        do you understand that making Apple's chips representsw Billions of dollars of revenue for Samsung right? you understand that Samsung signs agreement with manufactures when they are contracted to build parts right? you understand that in those contracts, if they don't produce those parts by a certain day they will undoubtedly have to pay penalties, usually on a daily basis each day those part don't materialize right? Samsung could literally go bankrupt by not giving Apple it's parts..[/quote]

        How informed (or actually and factually misinformed) are you?

        First, you lie or are atrociously mistaken.

        Samsung couldn't care less about Apple's business as it only represents a mere 4% of their yearly income.

        The trivial USD$ 5.something billion dollars Apple buys from Samsung in 2011 in essential and critical parts, such as Samsung's A4, A5 and A6 CPU cannot be easily manufactured by others such as TSMC because of state-of-the-art patented manufacturing processes. Thus Apple's jugular is exposed in plain view for everybody to seed. To finish off Apple, Samsung just has to cut-off the supply of parts it makes to Apple. Period. Cased closed.

        Since litigation is going on worldwide already, do you really think Samsung is the least bit afraid of Apple? Even if there are so-called contracts in place between Samsung and Apple, do you seriously think Samsung stupid enough to agree to ridiculous clauses such as a penalty higher than the part value? Who actually lives in cuckoo-land here?

        No the thermonuclear (to paraphrase the late Steve Jobs's hate towards Android) trigger here for Samsung is to simply stop supply Apple with anything. Apple can sue, but can't weather the time and years it would take to sort out these contracts through various legal venues, meanwhile starving top death and going bankrupt. And that's the reality, too unpalatable for the likes of you delusional people.

        You couldn't care less, but others will so I'll post substantiations to my arguments blowing away your silly conceptions. And they are independently verifiable by anyone.

        Google [b]Samsung 38.3[/b] and witness Samsung investing USD 38.3 billion dollars just in 2011, 18% more than they did in 2010 (also in the double digit billions).

        Compare that with the puny insignificant business from Apple purchased parts, and it becomes clear that Samsung doesn't need Apple. Whereas Apple desperately needs Samsung CPU parts for survival.

        Furthermore, without the mobile business, representing more than 60% of the ephemeral stock value of Apple, Samsung doesn't even need the mobile business for survival. The big difference is Samsung is diversified, whereas all of Apple eggs are in one basket. Another critical vulnerability?

        It is Samsung that invested over USD$ 9 billion in Austin TX to make one of the world's largest and most advanced manufacturing facility.

        It is Samsung that invested USD$ 3.3 billion in New York to make another state-of-the-art advanced manufacturing facility.

        Whereas, Apple is desperately clinging for dear life, and fights back with silly patents, such as 10 patented cover designs... ROTFLMAO!

        Ever wonder why Apple can't put out a 4G smartphone? Because Samsung owns most of the real solid technical patents, acquired through USD$ 35 billion dollars of R&D over the past 10 years, essential to 4G technology.

        Meanwhile, Apple stole from Samsung by using 3G/UMTS technology, and refusing to license it, preferring going to court, then claiming when they lose, they are entitled to FRAND rates... LMAO!

        You better wake up and see the castle of lies spread by Steve Jobs is coming to an end by crumbling down like a deck of cards. Or not (wake up) who cares? Ever heard of a stock balloon popping? Nah, it never happened in the past, thus cannot ever happen again either, certainly not in AAPL's case?

        Live long and prosper!

        [i]~~~~~~~~~~
        Reality is that which does not go away when you stop believing.
        ~ Philip K. Dick

        A child of five would understand this. Send someone to fetch a child of five.
        ~ Groucho Marx

        Nothing is easier than self-deceit. For what each man wishes, that he also believes to be true.
        ~ Demosthenes

        Great souls have wills; feeble ones have only wishes.
        ~ Confucius[/i]
        WinTard
      • RE: Apple loses one in its iPad tablet war with Samsung

        @WinTard Wow the RDF is in full swing with you I see.

        [b]Yeah, the only real thief and ultimate patent-troll here is Apple! And factually is the only one being currently investigated by the DOJ and EU for antitrust anti-competitive illegal actions.[/b]

        Because Apple is - according to YOU - is the only company currently being investigated by the DOJ and EU (which I sincerely doubt they are the only one) that automatically means they are a patent-troll? So that means when Microsoft was being investigated they were a patent-troll right?

        [b]Since we're onto Apple vs. Samsung Galaxy Tab "Slavishly Copied" (or so claims lying low-life Apple) then explain this:
        https://encrypted.google.com/#hl=en&source=hp&q=samsung+photo+frame+2006[/b]

        Okay - the iPad is NOT a digital picture frame. They are 2 different products marketed at 2 different times and are in 2 different markets. The original Samsung Galaxy Tab 10 however looked exactly like the iPad right down to the very packaging and is a slavish knock off of the iPad which was the cause for the suit. The redesigned Galaxy Tab 10n does not resemble the iPad and therefore would not be subject to a lawsuit from Apple.

        Here's the question: IS there a lawsuit against Samsung from Apple concerning the revised Galaxy tab 10n? If not then this entire article is nothing more than click bait we all fell for. If so is there a link to this new lawsuit? Because SJVN did not include such a link or even any information regarding such a lawsuit in his article.

        And here's the kicker: IF Samsung did not slavishly copy the iPad as some of you ABAers claim then why did they redesign the device?

        [b]Another example of utmost stupidity: Only Samsung makes the A4, A5 and A6 CPU. Nobody else.[/b]

        Samsung [i]manufactures[/i] the chips based on designs created by [i]Apple[/i]. The A4, A5, and A6 CPU chips are an Apple design not a Samsung design - Apple contracted Samsung to produce the chip based on Apple's designs. In other words Apple's design, Apple's tech, not Samsung's.

        Ya know you have yet to answer a simple question: IF this is a lawsuit against [i]Android[/i] the where are the lawsuits against Motorola for the Xoom, Barnes and Noble for the Nook Color and Nook Tablet, Amazon for the Kindle Fire, and Samsung for the original Galaxy Tab?

        And while we are the subject of questions you have yet to answer how did Android go from a Blackberry clone OS that was intended to run on WM devices as an alternate OS prior to Google's purchase and success of the iPhone to a touch-based iOS clone all during the time when Eric Schmidt was on Google's board of directors and had access to all of the developmental and testing data, the software, and the prototypes?

        This happened to Apple once before when Microsoft stole the code to the original Macintosh OS (which was based on tech licensed from Xerox) and renamed it Windows. Apple learned from that theft.
        athynz
      • RE: Apple loses one in its iPad tablet war with Samsung

        @Uralbas quote: "Most of their "patents" will become useless" you are extremely mistaken... Samsung was forced into a design change, HTC was forced into a utility change... by this time next year, they will have to change 5 more things... EACH..... the year after that... 20 things... meanwhile Apple makes 90% of the profits from smartphones and tablets... and HTC is slowly going bankrupt, followed by Samsung smartphone division, because they have to compete with free Androids from everyone else....... if Apple is "losing" where can i get some of that.....<br><br> Apple has dozens and dozens of NEW patents on the iPhone and iPad that have just been granted, and Samsung and HTC and Moto actually did copy the designs and tech... EVEN THE BOX for gods sake that the tablet came in.... you wouldn't even know what a modern smartphone looks like without the iPhone showing Google what one is<br><br>edit: as of today feb 11,2012, Apple brought four more patents into play, all of which they asked the US for a preliminary injunction, and instead of having to wait for the full trial(like the last one) this time Apple will most likely win a preliminary injunction in a few months the main trial will be done on the other one, and that is the 5 features Samsung and HTC will have to remove by this time next year and it is only february this is not going to turn out well for HTC or Samsung.<br><br>because if you dont like those 5 patents, Apple has been getting granted dozens and dozens of patents on the original iphone just this year. <br><br>there will be dozens of suits just this year. Apple has all the time, and the money in the world this is going to turn out very badly for HTC and Samsung either next year or the year after. watch what happens.
        honkj
      • RE: Apple loses one in its iPad tablet war with Samsung

        theFunkDoctorSpoc quote: "Whereas, Apple is desperately clinging for dear life, and fights back with silly patents, such as 10 patented cover designs... ROTFLMAO!"

        desperately clinging to life? apparently you are not familiar with the term "profits" or 90% market share of "profits" or the most valuable company by market cap... in the world.... any of those terms vaguely familiar?

        Apple is not suing because they want money or a license, they have more money than god even knows what to do with.... They are suing because Samsung is literally stealing tech... EVEN THE BOX that the tablet shipped in was a direct copy.... Apple has won the right to make Samsung and HTC change their design, because Samsung and HTC stole from Apple. Apple is suing to teach Google a lesson in why you do not steal... (that is if Oracle doesn't beat them to it...which they will be a long shot, but Oracle just wants money)....

        worse yet, by this time next year, Samsung and HTC will have to change 5 more things... and 20 more things the year after that.... pretty soon, they should have just actually done their own designs... because HTC will run out of money long before this is over, and Samsung's smartphone division will be in the red... even now they won't publish "sales" numbers because these number will soon show how badly they are doing....
        honkj
      • @honkj the future smartphone is Samsung and LG

        Take a look.. and patents have been approved for Samsung/LG/Motorola/Sony.. not Apple.<br><br> <a href="http://www.dailymail.co.uk/sciencetech/article-2070741/Samsungs-transparent-flexible-screen-3D-real-looks-like-touch-it.html" target="_blank" rel="nofollow">http://www.dailymail.co.uk/sciencetech/article-2070741/Samsungs-transparent-flexible-screen-3D-real-looks-like-touch-it.html</a><br><br>You will be able to purchase one of these in 2012.<br><br>And.. all those form factors that Apple has patented will become useless.<br><br>
        Uralbas
      • RE: Apple loses one in its iPad tablet war with Samsung

        @Pete

        You are a more than a little delusional.

        The design of the Samsung frame is a design. Apple got a ridiculous patent on THAT design years after Samsung stopped making them. It matters not what is inside the unit if the patent is on the DESIGN. Your argument may be a good defence for Samsung. If their machine does not have an Apple designed CPU, then it is not the same sort of unit as the iPad. That IS your argument. Oh, and you describe Samsungs design team as having been a ???SLAVISH KNOCK OFF??? when the DESIGN was obviously Samsungs to start with. Apples design team made the ???SLAVISH KNOCK OFF??? in this case.

        Oh I feel so kicked (sarcasm)! There is no kicker in that. If you are not allowed to sell in a market you need to sell in, even temporally, then you change your design. Even temporally change your design. It is called making money.

        How did one OS go from one interface to another? Well ask Apple that same thing PLEASE. How Mac OS 1-9 became the Amigas Workbench (a cut down faulty version) with OSX? Features Apple fanatics like yourself argued with me were useless??? like multitasking, automation of basic tools, running on multiple virtual screens etc. etc. etc. all suddenly appeared, and then were added to. Not one thing in OSX is original. Not one thing Apple has ???invented??? in the past 15 years did not see the light of day on the Amiga between 1985-1994.

        Microsoft did not steal anything from Apple. The WORLD adopted the WIMP OS system. In fact the only reason Apple got to market first is because they INVENTED NOTHING! That is right, they just took the Xerox-Parc interface and photocopied it. Atari and the Amiga added all sorts to the interface. Colour, resizable drag bars, animated icons, icons of any size and shape, user adaptable menus??? the list goes on and on and on and on. Before spouting like a moron, try to learn a lot more about the period before your birth.
        boybunny
      • RE: Apple loses one in its iPad tablet war with Samsung

        @boybunny I love it when some uneducated moron attempts to call me out... [b]

        You are a more than a little delusional.[/b]

        Everything I said is easily verified via Google searches. Give it a try - you [i]might[/i] learn something... I doubt it but one can hope and it IS the season for miracles after all.[b]

        The design of the Samsung frame is a design. Apple got a ridiculous patent on THAT design years after Samsung stopped making them. It matters not what is inside the unit if the patent is on the DESIGN. Your argument may be a good defence for Samsung. If their machine does not have an Apple designed CPU, then it is not the same sort of unit as the iPad. That IS your argument. Oh, and you describe Samsungs design team as having been a SLAVISH KNOCK OFF when the DESIGN was obviously Samsungs to start with. Apples design team made the SLAVISH KNOCK OFF in this case.[/b]

        You mean a design is a design? Really? /sarcasm. Apple did NOT patent the rectangular frame dude... WTF are you under the influence of something recreational and illegal? Samsung with it's Galaxy Tab 10 - the original not the redesigned one - slavishly copied the iPad from the colors to the very packaging. That is a fact which is easily verifiable via a Google search. Go check it out.[b]

        Oh I feel so kicked (sarcasm)! There is no kicker in that. If you are not allowed to sell in a market you need to sell in, even temporally, then you change your design. Even temporally change your design. It is called making money.[/b]

        It's called admitting guilt. [b]

        How did one OS go from one interface to another? Well ask Apple that same thing PLEASE. How Mac OS 1-9 became the Amigas Workbench (a cut down faulty version) with OSX? Features Apple fanatics like yourself argued with me were useless like multitasking, automation of basic tools, running on multiple virtual screens etc. etc. etc. all suddenly appeared, and then were added to. Not one thing in OSX is original. Not one thing Apple has invented in the past 15 years did not see the light of day on the Amiga between 1985-1994.[/b]

        Apple's Mac OSX was based on NextOS which was an invention of - wait for it, waaaaaaaait for it.... Steve Jobs who was also the CEO of Next. Ooops. And Macintosh OS (the PowerPC version) was based - as I said in my post above - on Xerox's technology which Apple licensed. Dude, GOOGLE! Seriously.[b]

        Microsoft did not steal anything from Apple. The WORLD adopted the WIMP OS system. In fact the only reason Apple got to market first is because they INVENTED NOTHING! That is right, they just took the Xerox-Parc interface and photocopied it. Atari and the Amiga added all sorts to the interface. Colour, resizable drag bars, animated icons, icons of any size and shape, user adaptable menus the list goes on and on and on and on. [/b]

        Dude what is your fascination with Amiga? Amiga is dead and gone and has been for many many years now. Sucks to be in denial still.[b]

        Before spouting like a moron, try to learn a lot more about the period before your birth.[/b]

        I was thinking the same thing when I read that crap you posted. Google man, Google.
        athynz
      • Hmmm. I wonder

        @Rick_Kl
        Odd that everyone starts pointing towards Rick_Kl's posts as a trolls, and suddenly everyone with a negative POV or fact against Apple is flagged.

        Hmmm, I wonder who would want to hide anything negative against Apple....
        William Farrel
    • RE: Apple loses one in its iPad tablet war with Samsung

      @toddybottom <br><br>Headn't heard about the digitude deal. That is truly sleazy.<br><br>This whole patentageddon makes me think taht Karl Marx was at least half-right about Capitalism eating itself alive one day.
      dsf3g
    • except Apple didn't lose.. Samsung DID have to change their tablet design..

      @dsf3g they did have to spend millions to create new tooling, manufacturing, boxes, marketing materials, photoshoots etc in making their tablet visually differentiated from an iPad.. <br><br>Motorola Xoom 2 is a thin, attractive, rectangularISH tablet (it's technically octagonal shaped though).. with it's angular corners is visually differentiated from an iPad.. this new galaxy tab in my opinion is visually differentiated from an iPad (Apple doesn't think it's different enough).. either you guys just don't understand industrial design or are just being willfully ignorant of the fact that it's actually rather easy to make a visually differentiated from iDevices design that is thin and attractive.. moto has done it with the razr and xoom 2, even samsung has done it with the galaxy nexus phone which is curved on top and bottom making the shape not technically rectangular any more.. sony has taken a complete different stint with their tablet.. ask yourself why is samsung fighting SO hard against this when it's easy to just make their stuff visually differentiated..
      theFunkDoctorSpoc
    • RE: Apple loses one in its iPad tablet war with Samsung

      @dsf3g Considering there were touch-screen tablet computers 20 years ago, I'm still scratching my head as to how our patent office could even consider issuing some of these tablet computing patents so late in the game. Is the concept of "thinner" patentable? If so, then "The Biggest Loser" will have to start paying royalties, too. It's just insanity. Eventually, IP laws are going to kill all forward technological progress.
      BillDem