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MacRumors
Aug 16, 2011, 09:58 AM
http://images.macrumors.com/im/macrumorsthreadlogo.gif (http://www.macrumors.com/2011/08/16/injunction-against-galaxy-tab-10-1-sales-in-eu-partially-suspended/)


FOSS Patents reports (http://fosspatents.blogspot.com/2011/08/galaxy-tab-101-injunction-suspended-for.html) on news from the German media indicating that enforcement of the preliminary injunction (http://www.macrumors.com/2011/08/09/apple-granted-injunction-barring-sale-of-samsung-galaxy-tab-10-1-in-european-union/) barring Samsung from selling the Galaxy Tab 10.1 anywhere in the European Union outside of the Netherlands has been temporarily suspended in all affected countries other than Germany.

http://images.macrumors.com/article-new/2011/08/galaxy_tab_10_1_revised-500x359.jpg


The temporary suspension, which is in effect until a previously-scheduled hearing set for August 25th, appears to be the result of questions over the German court's authority to ban sales by the Samsung's parent company based in Korea throughout the European Union.

The injunction was issued against both the Korean parent company and its German subsidiary, and there is some legal ambiguity as to whether the parent company should be considered to have an "establishment" in Germany and thus be subject to such international injunctions. If Samsung Korea is determined to not have an establishment in Germany, Apple's case for an international injunction against the company would be required to go through specific courts in Alicante, Spain.

The Apple-Samsung dispute made news yesterday when it was revealed (http://www.macrumors.com/2011/08/15/apples-evidence-in-samsung-tablet-case-reportedly-flawed/) that one of the exhibits presented by Apple as part of its case used an incorrect or outdated depiction of the Galaxy Tab 10.1 that made Samsung's tablet appear more similar in appearance to the iPad 2 than it actually is. Today's suspension of the injunction is not related to that discovery.

Article Link: Injunction Against Galaxy Tab 10.1 Sales in EU Partially Suspended (http://www.macrumors.com/2011/08/16/injunction-against-galaxy-tab-10-1-sales-in-eu-partially-suspended/)



praveenpg
Aug 16, 2011, 10:08 AM
Let another round of "Asia" and Samsung bashing start!

.11
Aug 16, 2011, 10:48 AM
I thought this would be front-page news, since the injunction made the front-page last week.

AAPLaday
Aug 16, 2011, 11:23 AM
This isn't front page but 'Adobe Introduces 'Muse' Subscription-Based Website Creation Tools' is?

WarpSpawn
Aug 16, 2011, 11:43 AM
I cannot help wondering if Apple has made a mistake with this one. This does seem to be generating a fair bit of publicity for it and some may even perceive it as the device that Apple is too afraid to allow to market.

I mean, there are some superficial similarities but it does not strike me as a complete ripoff.

AAPLaday
Aug 16, 2011, 11:50 AM
Something certainly doesn't seem right about this case.

Adidas Addict
Aug 16, 2011, 11:53 AM
How can they partially suspend something that never even happened (Well not in the UK anyway)?

It's been on sale since this ruling and will continue it seems. Existing stock and orders may continue to be sold, so they said, but I'm sure a few numbers on an order record can easily be changed. Not to worry now anyway I guess.

bushido
Aug 16, 2011, 11:57 AM
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; de-de) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

funny enough all this samsung bashing makes me even more curious for their devices. gotta try out the samsung galax tab 10.1 tmrw which they do sell in germany for some reason

WarpSpawn
Aug 16, 2011, 11:58 AM
In terms of the design, from the front I think it is too generic looking to reasonably protect the design, especially when there are other differences in the dimensions. The thing that really distinguishes Apple products for me is the prominent home button, which is why I can see where Apple are coming from with the phones, but this is little more than a non-descript digital photo frame. From the back, they are really very different.

Admittedly I do not know what the situation is with any other patents that Apple does hold though.

balk
Aug 16, 2011, 12:26 PM
Samsung must be very happy:

free publicity!
thanks to Apple

wordoflife
Aug 16, 2011, 11:39 PM
The result of this case will be very, very interesting.

Dr McKay
Aug 17, 2011, 07:17 AM
I always wondered about these disputes, has Apple patented "A glass rectangle with a black border"?

kdarling
Aug 17, 2011, 07:57 AM
I always wondered about these disputes, has Apple patented "A glass rectangle with a black border"?

Almost. They didn't include a black border, because of the white iPad :)

There are several other huge threads on this topic. The particular EU design registration in this dispute has the following drawing. Doesn't include a Home button, nor does it even say it's for a tablet computer.

299355

The actual injunction request goes further and also claims too-similar packaging (white box, photo, device under lid).

whooleytoo
Aug 17, 2011, 10:01 AM
I think part of the problem for Apple is that their designs tend to be simple, clean and minimalistic. Great to look at certainly, but surely much harder to "protect" that design?

If iPads had much more stylised, or intricate designs, they would surely be easier to claim as a unique, identifiably Apple design. For instance, if the iPad were in the shape of an apple with a bite out of it, no other tablet-maker could say they accidentally stumbled onto the same design. But when Apple designs the iPad with such a simple, basic shape, it must be harder to claim as a unique design. Indeed, the Samsung digital photo frame (posted on other threads) seems to bear more resemblance to the iPad, than the Tab does.

In any case, how on earth does a court impose an EU-wide injunction on a product without first ascertaining if it has jurisdiction. Shouldn't that be a key part of the process?

SockRolid
Aug 17, 2011, 12:33 PM
Oh well. At least Germany is the EU's largest economy.

Gotta start somewhere.

----------

I think part of the problem for Apple is that their designs tend to be simple, clean and minimalistic. Great to look at certainly, but surely much harder to "protect" that design? [...]


Maybe Microsoft had the right idea after all...

http://www.subarusvx.com/BeforeAfterIPad.jpg

whooleytoo
Aug 17, 2011, 12:57 PM
Hah, perhaps you're right SockRolid.... apart from trying to shoehorn a (mostly) desktop OS into a tablet device, that is! ;)

That's a good pic, though it could include Samsung's design from their digital photo frame somewhere in there!

srgz
Aug 17, 2011, 01:33 PM
Hah, perhaps you're right SockRolid.... apart from trying to shoehorn a (mostly) desktop OS into a tablet device, that is! ;)

That's a good pic, though it could include Samsung's design from their digital photo frame somewhere in there!

Samsung's photo frames have been out before the iPad ever existed too...they both use ARM chips \ run an ARM based OS -- one has more functionality than the other, but if you really take a look -- Apple copied Samsung's design.

http://www.samsung.com/us/news/newsRead.do?news_seq=13462&page=5

Came out about a year before the iPad

:)

Consultant
Aug 17, 2011, 02:12 PM
Samsung's photo frames have been out before the iPad ever existed too...they both use ARM chips \ run an ARM based OS -- one has more functionality than the other, but if you really take a look -- Apple copied Samsung's design.

<snip>

Came out about a year before the iPad

:)

Perhaps you haven't heard of this thing called the iPhone? :rolleyes:

2007: http://en.wikipedia.org/wiki/IPhone_(original)

Macs4u
Aug 17, 2011, 02:21 PM
Apple obviously haven't had a mess with one of these as I went to the local pcworld today to play with all the tablets and the tab 10.1 was an absolute pig! It's so juddery and slow compared to the iPad 2 that I don't see what apple is afraid of. If anything the only tablet there that was even close was the asus see pad as that was very fast, very smooth and felt quite nice in the hand. Still hate android myself but if asus can do something like this and include windows 8 which I think will actually be very good then I think Appe will be afraid then.....

srgz
Aug 17, 2011, 03:25 PM
Perhaps you haven't heard of this thing called the iPhone? :rolleyes:

2007: http://en.wikipedia.org/wiki/IPhone_(original)

The iPhone is a tablet? Awesome!
What do we need the iPad for again?

But if you wanna go there:

http://lh3.googleusercontent.com/public/ivoWbZCIZRVxPZEYCP19SMFqM_cITOIoWNhDj2oyfCMyA617vki65eDdF6kEGQQqv6_doI148Xgfeyqm-NmIdTEPkdDEuYiEZCHRUZMD3hWn3ZNXBh0CuD4abrstHZ99ZGNOLE4ecRIB4GXmM3McUQbzmICnWIvaNZP9-fLKqNkwY_ZbPIA-iQzye_j6mhOdgRfCzCU

Sony Clie -- 2004

(I could photoshop this and stretch out the aspect ratio to make it look more like the iPhone, but I'm not a lawyer for apple :P)

TheReadyPrompt
Aug 18, 2011, 11:40 AM
What on Earth is that child-like thing straddling the father?

http://joecassara.files.wordpress.com/2011/08/galaxy_tab_10_1_revised-500x359.jpg

Consultant
Aug 18, 2011, 03:17 PM
The iPhone is a tablet? Awesome!
What do we need the iPad for again?

But if you wanna go there:

<snip>

Sony Clie -- 2004

(I could photoshop this and stretch out the aspect ratio to make it look more like the iPhone, but I'm not a lawyer for apple :P)

WRONG.
http://en.wikipedia.org/wiki/CLIÉ

Probably just another fake image created by Android drones. They tried before with another phone and was soon found to be fake.

kdarling
Aug 18, 2011, 05:44 PM
WRONG.
http://en.wikipedia.org/wiki/CLIÉ

Probably just another fake image created by Android drones. They tried before with another phone and was soon found to be fake.

It's a Clie TH55 (http://www.amazon.com/Sony-CLIE-PEG-TH55-U-Handheld/dp/B0001D09XY). A handheld PDA though, more of an iPod touch size.

Consultant
Aug 19, 2011, 12:11 AM
Oh well. At least Germany is the EU's largest economy.

Gotta start somewhere.
----------


Maybe Microsoft had the right idea after all...

Image (http://www.subarusvx.com/BeforeAfterIPad.jpg)

LOL you are famous because of my post.

All Things D (http://allthingsd.com/20110818/so-that-ipad-tablet-design-was-just-obvious-eh/) -> @daringfireball (http://daringfireball.net/linked/2011/08/18/tablets-before-after) -> @ReiVersuri (http://twitpic.com/67ykpa) (image source (https://twitter.com/#!/ReiVersuri/status/104243043984605184)) -> cult of mac (http://www.cultofmac.com/what-tablets-looked-like-before-the-ipad-proves-how-revolutionary-apples-tablet-really-was/109373) -> @ObamaPacman (http://obamapacman.com/2011/08/ipad-tablet-obvious-design/) which points to your post above.

Anyway, allthingsd found this post probably through the tweets between me and the person who didn't credit his source (cultofmac) until I asked. However, allthingsd mistakenly thought that you created the image.


It's a Clie TH55 (http://www.amazon.com/Sony-CLIE-PEG-TH55-U-Handheld/dp/B0001D09XY). A handheld PDA though, more of an iPod touch size.

It's totally original. Or let's see, Apple 1993:
http://en.wikipedia.org/wiki/MessagePad

dlichtdotcom
Aug 19, 2011, 03:20 AM
Oh well. At least Germany is the EU's largest economy.

Gotta start somewhere.

----------




Maybe Microsoft had the right idea after all...

Image (http://www.subarusvx.com/BeforeAfterIPad.jpg)

Anyone can grab images of "medical tablets" which are for professionals in the pharmaceutical and medical industries and compare them with consumer devices. What is inexcusable is that Mashable ran with your misinformation and ran an article with your image as a supporting piece. The "after iPad" section is completely incorrect because none of those tablets or the iPad have replaced medical tablets. Fail.

Consultant
Aug 19, 2011, 09:27 AM
Anyone can grab images of "medical tablets" which are for professionals in the pharmaceutical and medical industries and compare them with consumer devices. What is inexcusable is that Mashable ran with your misinformation and ran an article with your image as a supporting piece. The "after iPad" section is completely incorrect because none of those tablets or the iPad have replaced medical tablets. Fail.

iPad as medical tablet
http://www.apple.com/ipad/business/profiles/medtronic/
http://www.apple.com/ipad/business/profiles/rehabcare/
http://www.apple.com/ipad/business/profiles/dr-ferencz/

dlichtdotcom
Aug 20, 2011, 09:07 AM
iPad as medical tablet
http://www.apple.com/ipad/business/profiles/medtronic/
http://www.apple.com/ipad/business/profiles/rehabcare/
http://www.apple.com/ipad/business/profiles/dr-ferencz/

Thanks for finding those Consultant. They're all as useless as the graphic that you're trying to defend. Now here's a question for you.

1. How long have you done pharmaceutical advertising and for how many tablets have you designed graphics? How many iPad medical apps did you design this year or last year compared to tablet graphics? What does that tell you about REAL WORLD applications that go beyond referencing a page on the manufacturer's site?

2. You really believe it's fair to compare professional products with consumer products? The iPad is only now beginning to make it's way into more professional avenues. Look for my concept where the camera on the back of the iPad is swapped out for a mini X-Ray camera and I'll show you what an iPad can do as a medical device.

3. My brother is a Cardiologist. His friends are also doctors...how many iPads in all the hospitals where they work? Uhmmm...Zero. How many medical tablets? "You mean per floor or office?"..."There's no way to know that exactly...there's too many."

Do me a favor and post more than Apple's take on a situation. Tell me about real doctors, real world applications and the devices the pharmaceutical reps are using. I'm sure the articles are out there but stop referring to Apple as the definitive voice of reason and the end to an argument.

Consultant
Aug 20, 2011, 09:49 PM
They're all as useless as the graphic that you're trying to defend.<snip>

Just because you hate Apple products doesn't mean it's not useful.

Please keep dreaming of a world without Apple.

Perhaps your PC-heavy-tablet isn't selling due to iPad?

And oh, surely this is not a hospital with real doctors and real world applications:
http://www.tuaw.com/2011/04/21/1-800-ipads-on-the-way-to-ottawa-hospital/

dlichtdotcom
Aug 20, 2011, 11:49 PM
Just because you hate Apple products doesn't mean it's not useful.
Please keep dreaming of a world without Apple.
http://www.tuaw.com/2011/04/21/1-800-ipads-on-the-way-to-ottawa-hospital/

1 PowerMac G5
1 MacPro
2 15 inch MacBook Pro's
1 iPhone 4th Generation
2 iPods, 2nd and 3rd Generation
2 Apple 20" Cinema Displays
1 iPad 1st Generation
1 Apple Airport Extreme

hmmm...that seems to be a lot of Apple products for a guy that hates Apple products. I don't have a PC Heavy tablet or any android tablets(yet) so I'm not sure what you're referring to. I do have an Asus netbook though.

Has Apple changed the tablet game? Yes.
Are other manufacturers scrambling to play catch up to Apple's iPad? Yes.
Are they failing at it? Yes.
Are doctors using iPads instead of PC tablets? No.
Are pharmaceutical reps using iPads instead of Windows based tablets? Uhm, not that I'm aware of.
Have iPads replaced medical tablets? Maybe in a few years but not yet.

You can respond if you like but now I'm truly bored with this. Enjoy your upcoming week and the rest of your weekend. Thanks.

----------

Just because you hate Apple products doesn't mean it's not useful.

Please keep dreaming of a world without Apple.

Perhaps your PC-heavy-tablet isn't selling due to iPad?

And oh, surely this is not a hospital with real doctors and real world applications:
http://www.tuaw.com/2011/04/21/1-800-ipads-on-the-way-to-ottawa-hospital/

"to replace paper medical charts." - you should read the articles you send out as proof of your statements. There's nothing in here talking about it replacing the current tablets they use that does much more than the iPad(this is only at the moment) nor does it talk about replacing pharmaceutical rep tablets.

Now this article (http://mobihealthnews.com/12500/more-pharma-reps-toting-ipads-but-docs-dont-always-like-it/) does and means you are on to something.

Consultant
Aug 21, 2011, 01:55 PM
Are doctors using iPads instead of PC tablets? No.

Again, just because you don't believe in iPad doesn't mean it's not useful.

Surely no doctors or hospitals use this and other iPad medical apps
http://itunes.apple.com/ie/app/mobile-mim/id281922769?mt=8

They must be updating their iPad app to version 2.2.2 because NO ONE use them. :rolleyes: