ie8 fix

Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney
Home / News & Blogs / Linux and Open Source

Apple loses one in its iPad tablet war with Samsung

By | December 22, 2011, 8:05am PST

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.

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

Kick off your day with ZDNet's daily e-mail newsletter. It's the freshest tech news and opinion, served hot. Get it.

More from “Linux and Open Source”

Topics

Apple iPad, Samsung Electronics Co. Ltd., Apple Inc., Tablets, Sales Strategy, Notebooks, Sales Force Management, Hardware, Notebooks & Tablets, Sales, Steven J. Vaughan-Nichols

Steven J. Vaughan-Nichols, aka sjvn, has been writing about technology and the business of technology since CP/M-80 was the cutting edge, PC operating system

Disclosure

Steven J. Vaughan-Nichols

Steven J. Vaughan-Nichols is a freelance writer. He does not own stocks or other investments in any technology company.

Biography

Steven J. Vaughan-Nichols

Steven J. Vaughan-Nichols, aka sjvn, has been writing about technology and the business of technology since CP/M-80 was the cutting edge, PC operating system; 300bps was a fast Internet connection; WordStar was the state of the art word processor; and we liked it!

His work has been published in everything from highly technical publications (IEEE Computer, ACM NetWorker, Byte) to business publications (eWEEK, InformationWeek, ZDNet) to popular technology (Computer Shopper, PC Magazine, PC World) to the mainstream press (Washington Post, San Francisco Chronicle, BusinessWeek).

79
Comments
Add Your Opinion

Join the conversation!

Just In

RE: Apple loses one in its iPad tablet war with Samsung
Swift2001 29th Dec
Do I believe in software patents? I think so. Surely trolling should be illegal. Forming a company that turns itself into a slug that owns nothing but other people's patents and creates nothing, just leaches off companies trying to be productive? No. It's not doing anything useful at all. It's a cruel parody of the patent system, which has built a bicentennial of growth from a poor colony to the Big Dog. Okay, no jail time, just give back all the money you extorted. So maybe patents belong to first holders for 15 years. Or less, how do I know? Not longer, especially in technology.

This "no patents" and "uphold patents" scream fest is something I am not interested in. I think there should be patents. Held by inventors and the guys who paid for the researchers.

The problem with no patents is that only corporations and wealthy individuals will rule the economy, and that's no good for anybody. It was meant for manufacture, which seems to have disappeared here.
View in thread
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
dsf3g 22nd Dec
There will never truly be justice in this world so long as Samsung is allowed to sell a thin, rectangular shaped tablet.
0 Votes
+ -
Apple will lose the patent war.
Uralbas 22nd Dec
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.
0 Votes
+ -
That digitude story is amazing, disgusting behavior from Apple
toddybottom 22nd Dec
@Uralbas
Everyone needs to read up about this digitude story. Apple is now officially a patent troll.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Rick_Kl 22nd Dec
@Uralbas The Microsoft can sue Apple for not getting a Patent Troll license? Being a Patent Troll 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. wink :P
  • Flagged
0 Votes
+ -
RE: Apple will lose the patent war.
Rabid Howler Monkey 22nd Dec
@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.
0 Votes
+ -
You've just described Apple to the letter.
WinTard 22nd Dec
@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.

~~~~~~~~~~
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
  • Flagged
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
WinTard 22nd Dec
@Rabid Howler Monkey

@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.



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?

~~~~~~~~~~
What goes around, comes around.
{English Idiom}
  • Flagged
0 Votes
+ -
WinTard.. how old are you?? like 12??
theFunkDoctorSpoc 22nd Dec
@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..
0 Votes
+ -
Yet another example of MS copying Apple
William Farrel 22nd Dec
@Rick_Kl

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

Hmmm. Very similar to the Apple business model. Makes you wonder...
happy
  • Flagged
0 Votes
+ -
@theFunkDoctorSpoc how much Kool-Aid did you drink?
WinTard 22nd Dec
@theFunkDoctorSpoc
You said:

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..



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 Samsung 38.3 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!

~~~~~~~~~~
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
  • Flagged
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Pete "athynz" Athens 22nd Dec
@WinTard Wow the RDF is in full swing with you I see.

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.

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?

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

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?

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

Samsung manufactures the chips based on designs created by Apple. 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 Android 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.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
honkj Updated - 11th Feb
@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.....

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

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.

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.

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.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
honkj 22nd Dec
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....
0 Votes
+ -
@honkj the future smartphone is Samsung and LG
Uralbas Updated - 22nd Dec
Take a look.. and patents have been approved for Samsung/LG/Motorola/Sony.. not Apple.

http://www.dailymail.co.uk/sciencetech/article-2070741/Samsungs-transparent-flexible-screen-3D-real-looks-like-touch-it.html

You will be able to purchase one of these in 2012.

And.. all those form factors that Apple has patented will become useless.

0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
boybunny 22nd Dec
@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.
  • Flagged
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Pete "athynz" Athens 23rd Dec
@boybunny I love it when some uneducated moron attempts to call me out...

You are a more than a little delusional.

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

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.

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.

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.

It's called admitting guilt.

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.

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.

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.

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.

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

I was thinking the same thing when I read that crap you posted. Google man, Google.
0 Votes
+ -
Hmmm. I wonder
William Farrel 23rd Dec
@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....
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
dsf3g Updated - 22nd Dec
@toddybottom

Headn't heard about the digitude deal. That is truly sleazy.

This whole patentageddon makes me think taht Karl Marx was at least half-right about Capitalism eating itself alive one day.
0 Votes
+ -
except Apple didn't lose.. Samsung DID have to change their tablet design..
theFunkDoctorSpoc Updated - 22nd Dec
@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..

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..
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
BillDem 22nd Dec
@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.
0 Votes
+ -
you need to actually read the patents to make an intelligent comment..
theFunkDoctorSpoc Updated - 22nd Dec
@BillDem ...they are design patents.. so by definition EXCLUDE any functional aspect of the product.. solely describing the look or ornamentation of the product... in fact, in the case in the states where apple was trying to get an preliminary injunction.. the judge threw out a few of the claims because they were function advantages to Apple's design and couldn't be claimed under a design patent..
0 Votes
+ -
Wow, the Judges should be ashamed of themselves
otaddy 22nd Dec
All these silly and stupid games. How do they sleep at night? Really, this is infringement? I can't tell the difference between the two.

And certainly, if I wanted an iPad, Samsung's design wouldnt confuse me.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
pupkin_z 22nd Dec
@otaddy Not only that. I woudl like to get the paychecks the lawyers involved in this case get. I am pretty sure it would be a pretty sweet gift for Christmas.
0 Votes
+ -
Yeah, they've got a sweet game going on
otaddy 22nd Dec
@pupkin_z Lot's of cash and endless work. It's a sweet deal.
0 Votes
+ -
I like the top look anyway
A Gray Updated - 22nd Dec
The top look is more interesting to me anyway. The issue for me with Android is fracturing of the OS. They should all use the same stock OS or integrate with the next version seamlessly. I don't get why this is so difficult? I have yet to have a Windows PC from any manufacturer that I could not upgrade to the next version of Windows. I have a Sony VAIO from 2002 that is running Windows 7 without any issues (except the hardware doesn't support wide-screen/HD monitors).
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Natanael_L 23rd Dec
@A Gray: x86-based CPU's, standardized hard drive interfaces, standardized RAM interfaces, standardized screen interfaces (VGA/HDMI), standardized file systems, etc... And them look at the status of embedded tech: A billion types of ARM-varieties, pretty much NO major standard for any internal interfaces, and... well, we can stop there, no need to explain anything further.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
aep528 22nd Dec
What does this have to do with open source? It would seem to be common sense that you can't build a product that looks just like an existing one. All Samsung had to do was put something like a red plastic bezel around the edge of theirs and no one would have complained.

Yes, all tablets have the same form factor but there is a near-infinite variety of plastics, textures, colors, buttons and button placements, etc. available to distinguish them.
0 Votes
+ -
I May Be Wrong...
ManKzin 22nd Dec
But, I thought that there needed to be a at least a 30% difference in a design to not infringe on another's product. The above tablet in my opinion doesn't qualify, because they changed the box it comes in, it should be the product itself.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
john-whorfin 22nd Dec
I hope that Samsung patented the silver border around the edge, so that Apple cannot copy it when they realize The Samsung Tab now looks better than the iPad.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
whatagenda 22nd Dec
@john-whorfin

My original iPhone has a chrome bezel ... just sayin'
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
john-whorfin 22nd Dec
@whatagenda
So did my Sony phone years before the iPhone came out. The dimensions (height vs width) of the 2 tablets are not even the same, yet Apple got an injunction because somebody could not tell the two devices apart from across a room, raising STUPID to a whole new level.
0 Votes
+ -
but that someone was.. 2 of the Samsung lawyers..
theFunkDoctorSpoc 22nd Dec
@john-whorfin.. the judge held up the two tablets in court and ask the two Samsung lawyers which one was the Samsung tablet and they answered.. "not from here, your honor..".. actually that might have been the case in the states.. still..
0 Votes
+ -
So did my original Zune
William Farrel 22nd Dec
@whatagenda
that came out before the iPhone 4 with the chrome band.

Oh, that's right, one's an MP3 player, the other is a phone, so they can copy the look if they want.
  • Flagged
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
johnsuarez10 22nd Dec
First of all prior to the introduction of the iPhone..you used your phone for making calls or sending text. It wasn't until the iPhone and the app ecosystem, that a need to switch back and forth between calls and apps was required. This was not something that was available on PHONES. So why doesn't Apple have the right to patent this idea. Do tell me about prior art on PCs or PDA's. This is Phones we are talking about OK not anything else.
0 Votes
+ -
Great timing on your post
toddybottom Updated - 22nd Dec
@johnsuarez10
Proof that RDF is actually very much alive and very, very strong.

http://www.zdnet.com/blog/apple/isnt-it-finally-time-to-retire-the-apples-reality-distortion-field-label/11931
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
WinTard 22nd Dec
@johnsuarez10

You said:

So why doesn't Apple have the right to patent this idea. Do tell me about prior art on PCs or PDA's. This is Phones we are talking about OK not anything else.



In the reader's comment section of this colorful thread, you'll see thousand reasons why Apple didn't invent multitasking since most smartphones allowed doing apps, while a call was in progress, except the original Apple iPhone. It took until iOS for the iPhone to have a broken primitive non-true multitasking (and oh wow, cut-and-paste!) It's magical! It's delusional! It's fantastic! It's awesome... Only to uninformed Apple followers.

Enjoy the read, or do you want to stay uneducated the rest of your life?
http://www.zdnet.com/blog/hardware/apple-granted-patent-on-using-apps-during-calls/17407

Blue pill or Red pill?

~~~~~~~~~~
The Purpose of Computing is Insight, Not Numbers.
~ This is the motto of the book Numerical Methods for Scientists and Engineers by Richard Hamming.

Theory is when you know something, but it doesn't work. Practice is when something works, but you don't know why. Programmers combine theory and practice: Nothing works and they don't know why.
{Programming 101}

A computer is a stupid machine with the ability to do incredibly smart things, while computer programmers are smart people with the ability to do incredibly stupid things. They are, in short, a perfect match.
{Programming 101}
0 Votes
+ -
Neo?!
Rabid Howler Monkey 22nd Dec
@WinTard wrote:
"Blue pill or Red pill?

http://www.virtu-al.net/2008/04/29/virtualisation-red-pill-or-blue/

Couldn't resist. Cheers.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
johnsuarez10 Updated - 22nd Dec
@WinTard
Arguing with techies is a fruitless endeavour. My friend, is not about being uneducated...I am sure you consider yourself above all others with your technical prowess....All techies know the limitations of Apple's IOS with respect to multitasking or lack thereof true real-time multitasking. This is a PHONE not a desktop. Is it needed for what you do on a phone? No. tell me one thing that is implemented using true real-time multitasking that is somehow limiting what I can do on a Phone. Techies for the most part seem to spend a lot of there time hating Apple and everything they do. Here is my position on why techies hate Apple so much.

1) You preach to anybody that will listen...their products suck....yet no ONE LISTENS. They sell a Sh...load of stuff
2) You ONLY think great products are the ones that you can tweak and program and configure to your hearts content....but that is only a few percentage points of the world's market that do this OR care about doing this.

For the most part you are Unix guys that are heavy duty programmers and like to get under the hood. You've always hated Apple and any other company that has closed systems. It's OK to hate.I just think that you spend way to much time preaching the hatred. Show me an opinionwe all have them and they all suck. We are all biased to what we have.

This RDF that somehow people that buy Apple products are stupid or ignorant is so lame.. only techies would come up with that. Give Apple credit they come up with polished well designed products that have very few bugs and just work. Add to that great marketing and people will buy a ton of the stuff. What is so bad about that. They have brand recognition and loyalty that comes from owning a great car.

So don't be a hater so muchyou'll pop a vein.
0 Votes
+ -
you understand that the patent is NOT for mulit-tasking right?
theFunkDoctorSpoc 22nd Dec
@WinTard ..it's for the specific method used in iOS for switching to and from the call.. in the graphic user interface.. NOT the tech behind it.. it's not a patent on multi-tasking.. of which iOS has had on day one.. and which they created API for 3rd parties to access since iOS 4.0 (two yrs ago)..

iOS used the same kernel as OS X.. the Mach kernel which is based on FreeBSD and NetBSD.. which support pre-emptive multi-tasking at the kernel level.. educate yourself..
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Natanael_L Updated - 23rd Dec
@johnsuarez10: Here's things it can't do:
Automatically switch settings based on chosen triggers, like Locale or Tasker (switch on WiFi at home, change wallpaper at work, turn volume down at night and during meetings, etc).
Let apps auto-download things in the background, like letting a game download fresh maps (not "apps", typo) in the background once a day (like on the night, while charging) or getting fresh wallpapers.
Take a look at TaskXP for Android. I love that app.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Natanael_L 23rd Dec
@johnsuarez10: So Windows Mobile never existed, huh?
0 Votes
+ -
You need to consider your definition of winning
IAmNotAGeek 22nd Dec
I'm not sure of the timing but I believe Apple achieved an injunction preventing Samsung from selling the Galaxy tablet in Europe for several months including the 2011 Christmas buying season.

Approve of their methods or not, that sounds like a win to me.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
WinTard 22nd Dec
@IAmNotAGeek

Okay this isn't in Germany but Australia (very similar circumstances).

But a preliminary injunction based on accelerated legal proceedings, claiming irrepairable damage Apple if the Samsung is put on the market; is also liable for damages to Samsung, should the decision be reversed later in a more thorough full trial, or if prejudice prevails.

Thus Samsung appeals to a higher court, and obtains vindication this preliminary injunction initiated by Apple was prejudicial to Samsung.

Apple appeals to the supreme court, and loses. There is no further legal appeal possible.

Bottom line:
The preliminary injunction against Samsung in Australia is vacated. Affirming the legal error by the lower court in awarding this ban.
Apple is liable for damages to Samsung for loss of revenues since the ban was prejudicial.
Apple loses face and credibility as to the claims they made (under oath).
Apple's reputation & image perception suffers worldwide.

And justice prevails.

That sounds like a monumental, precedent setting loss to me?

Oh, why not google Annabelle Bennett married Apple Samsung, and wonder why the lower court presiding on the now vacated injunction, is married to a senior member of the firm representing Apple? Hmmm... Smells rotten by any measures. But whatever it is, it's going to come and bite Apple's ass sooner than later...

~~~~~~~~~~
All actions have consequences; many of them unpredictably you didn't see coming until they arrive.
~ Slick312
0 Votes
+ -
Winning is getting to sell your tablets
William Farrel 22nd Dec
@IAmNotAGeek
when Apple doesn't want you selling any tablets.
0 Votes
+ -
Oh look- ScorpioBlue and Rick_K
William Farrel 23rd Dec
@William Farrel
are flagging my posts.

Imagine that. wink
0 Votes
+ -
It's easy to know what "has to be" after the fact
Falkirk 22nd Dec
"Any tablet has to look pretty much like any other tablet."

I am not in anyway defending Apple's litigiousness, nor am I suggesting that Samsung should be prohibited from designing a tablet similar to that of an iPad. However, I take umbrage with your statement, that" "Any tablet has to look pretty much like any other tablet."

When the iPad was introduced, I remember every aspect of it being criticized. It needed a keypad, it needed to be bigger/smaller, it needed a bigger/smaller bezel, it needed more buttons, it needed more ports, it needed - well, it needed to not be what it was.

Further, although you found numerous examples of tablets that looked similar to the iPad, that's simply an example of cherry picking facts from the past to support your present day theory. Had the iPad (or any other successful tablet-type device) looked differently, I assure you that there would be dozens of examples of that form factor being used in prototypes and science fiction shows too.

Now that the iPad has proven to be a breakthrough success, we use our 20/20 hindsight glasses to piously opine that there was only one way to do the thing, even though no one seemed to notice or act upon that "obvious" thing beforehand.

Again, not defending Apple. Not saying Samsung's design should be banned. Just saying that we should get off our soapbox, check our piousness and our 20/20 hindsight glasses at the door, and admit that while mock copies of an iPad-like design existed before the iPad, it was Apple who was the first to make that design work in the real world.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
john-whorfin 22nd Dec
@Falkirk
On the contrary, it just goes to show that Sheeple have money and will buy anything with an Apple logo on it, even if similar or better products were available before Apple introduced their version. Gollum had a similar hang-up about a ring...
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
JasePow 22nd Dec
@Falkirk

Yeah, except for the Knight-Ridder Tablet, conceived something like 20 years ago,... The iPad looks miraculously like that concept design of yesteryear. And, it's the DESIGN they are arguing about.

Oh, and by the way, close one eye while holding up a Palm TX against any tablets made today in a forced perspective kind of way... Size change equals patentable?!?! I think not.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Appmaker Updated - 22nd Dec
Obviously if a Samsung attorney couldn't tell the difference from their product versus Apples, then there is infringement.

If you spent your hard earned cash to develop a product and then someone came along and just copied it shamelessly wouldn't you be ticked off.

I mean come on. If Apple were a patent troll it wouldn't innovate products and patent protect the design, they'd just buy patents to use in lawsuits.
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Appmaker 22nd Dec
@Jalape????o
0 Votes
+ -
RE: Apple loses one in its iPad tablet war with Samsung
Swift2001 29th Dec
Do I believe in software patents? I think so. Surely trolling should be illegal. Forming a company that turns itself into a slug that owns nothing but other people's patents and creates nothing, just leaches off companies trying to be productive? No. It's not doing anything useful at all. It's a cruel parody of the patent system, which has built a bicentennial of growth from a poor colony to the Big Dog. Okay, no jail time, just give back all the money you extorted. So maybe patents belong to first holders for 15 years. Or less, how do I know? Not longer, especially in technology.

This "no patents" and "uphold patents" scream fest is something I am not interested in. I think there should be patents. Held by inventors and the guys who paid for the researchers.

The problem with no patents is that only corporations and wealthy individuals will rule the economy, and that's no good for anybody. It was meant for manufacture, which seems to have disappeared here.

Join the conversation!

Formatting +
BB Codes - Note: HTML is not supported in forums
  • [b] Bold [/b]
  • [i] Italic [/i]
  • [u] Underline [/u]
  • [s] Strikethrough [/s]
  • [q] "Quote" [/q]
  • [ol][*] 1. Ordered List [/ol]
  • [ul][*] · Unordered List [/ul]
  • [pre] Preformat [/pre]
  • [quote] "Blockquote" [/quote]
ie8 fix

The best of ZDNet, delivered

ZDNet Newsletters

Get the best of ZDNet delivered straight to your inbox

Facebook Activity

Blog Roll

Blog Archive

White Papers, Webcasts, & Resources
ie8 fix