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MacRumors
Jul 9, 2012, 09:02 AM
http://images.macrumors.com/im/macrumorsthreadlogo.gif (http://www.macrumors.com/2012/07/09/uk-judge-rules-samsung-tablets-not-as-cool-as-ipad/)


With the avalanche of patent lawsuits involving Apple, we try to restrict our coverage to the most significant developments such as issued injunctions, final settlements, and monetary awards.

But while a UK judge's ruling today that Samsung's Galaxy Tab products do not infringe upon Apple's iPad design merely maintains the status quo from a competitive perspective in one of the many ongoing cases between the two companies, what is sure to spark discussion is the judge's assessment that the Galaxy tablets are simply "not as cool" as the iPad. Bloomberg reports (http://www.bloomberg.com/news/2012-07-09/samsung-wins-u-k-apple-ruling-over-not-as-cool-galaxy-tablet.html):The Galaxy tablet doesn't infringe Apple's registered design, Judge Colin Birss said in a ruling today in London. He said that consumers weren't likely to get the two tablet computers mixed up.

The Galaxy tablets "do not have the same understated and extreme simplicity which is possessed by the Apple design," Birss said. "They are not as cool."http://images.macrumors.com/article-new/2011/12/galaxy_tab_10_1_revised-500x359.jpg


More specifically, Birss ruled that the Galaxy tablets' thinner profiles and "unusual details" on the back of the devices made them different enough from the iPad that they were not too similar to Apple's design.

Apple has 21 days in which to appeal the ruling.

Article Link: UK Judge Rules Samsung Tablets 'Not as Cool' as iPad (http://www.macrumors.com/2012/07/09/uk-judge-rules-samsung-tablets-not-as-cool-as-ipad/)



Dangerous Theory
Jul 9, 2012, 09:03 AM
Wonder who's more gutted? Lol

canyonblue737
Jul 9, 2012, 09:04 AM
Hahahaha... even when you win you lose Samsung.

Ciclismo
Jul 9, 2012, 09:05 AM
In related news: Judges teenage son cringes at fathers use of dated slang.

caligomez
Jul 9, 2012, 09:05 AM
LOL.. It's official! Samsung tablets not as cool as iPad.. Now there's precedent!

hobo.hopkins
Jul 9, 2012, 09:06 AM
I hope it didn't take a judge saying that for people to know that it's true.

macnerd93
Jul 9, 2012, 09:06 AM
I like this judge :).

I've used a few Samsung tablets demo models in a Tesco nothing special and rather flimsy to be honest.

Raftysworld
Jul 9, 2012, 09:06 AM
I bought my iPad because i knew it was the coolest tablet there is. Suck it, Samsung! :apple:

dokujaryu
Jul 9, 2012, 09:08 AM
Classic.

I wish all patent cases were ruled on coolness factor.

Kerm
Jul 9, 2012, 09:11 AM
"Apple has 21 days in which to appeal the ruling."

Now if Apple wants to appeal the ruling, they'll have to argue that the Samsung tablet is "as cool" as the iPad.

alfistas
Jul 9, 2012, 09:11 AM
UK judge rules samsung tablet not as cool as ipad

So it must run pretty hot then...

koolmagicguy
Jul 9, 2012, 09:11 AM
Apple needs to stop attacking every other tablet out there. Everyone knows the iPad is the best! Sure, not everyone can afford one and some people settle for less, but iPad is the rock star.

samcraig
Jul 9, 2012, 09:11 AM
The comment is silly and ultimately meaningless. But I am sure it will be quoted infinitely here to the point of tedium.

Shrink
Jul 9, 2012, 09:12 AM
Very interesting legal precedent... "coolness" as grounds for a legal decision!

Soon being a "geek" will be a defense for hacking.:eek:

The legal system, strange at best, is going in some odd directions!:rolleyes::D

Oletros
Jul 9, 2012, 09:14 AM
Wonder who's more gutted? Lol

Both of them? The judge also said that Apple design lacks originality

Raftysworld
Jul 9, 2012, 09:15 AM
Very interesting legal precedent... "coolness" as grounds for a legal decision!


Read the article.

MacAddict1978
Jul 9, 2012, 09:15 AM
Of course it's not as cool. That's why no one buys them.

And that's why I'm in awe at Apple's aggressive fight over the Galaxy Tab. When you are near them in a store you hear "crickets"

rendevouspoo
Jul 9, 2012, 09:16 AM
Apple needs to stop attacking every other tablet out there. Everyone knows the iPad is the best! Sure, not everyone can afford one and some people settle for less, but iPad is the rock star.

As of right now, you're right. I don't think it will be the case for too much longer though. You think that the only reason people don't have an ipad, iPhone, ect is because they can't afford it, but that's not all the case. Some people like customization and being able to do what they want to with their product. Others, like myself, have steered away from the company due to their bullying and petty litigation thuggery. That said, they make great products. There are products being made outside of Apple that are just as, if not more, good when it comes to wowness factor.

griz
Jul 9, 2012, 09:16 AM
Very interesting legal precedent... "coolness" as grounds for a legal decision!

Soon being a "geek" will be a defense for hacking.:eek:

The legal system, strange at best, is going in some odd directions!:rolleyes::D

We still have a legal system? I thought it was just another day in business.

ChazUK
Jul 9, 2012, 09:18 AM
Samsung thought it was hip to be square with slightly rounded corners, a flat transparent surface without any ornamentation and a thin profile.

I guess not.

Shaun, UK
Jul 9, 2012, 09:22 AM
This headline doesn't tell the whole story. You need to read the judgement in full to appreciate what the Judge said. It's sloppy journalism to sensationalise the story in this way. I'm not a fan of 9 to 5 Mac but at least they have taken the time to quote the judgement in full.

rmatthewware
Jul 9, 2012, 09:23 AM
In related news: Judges teenage son cringes at fathers use of dated slang.

Yes, because I'm sure your generation invented the word "cool". I'm not sure how slang as generic as "cool" gets dated. It's not like he said sick or ace (also can be argued as "dated" slang).

Shrink
Jul 9, 2012, 09:23 AM
Read the article.

I did read the article.:)

A little literary license in the service of humor.

Obviously unsuccessful.:o
:D

BTW...thanks for the advice. I'll try to do better in the future.

kalsta
Jul 9, 2012, 09:25 AM
The comment is silly and ultimately meaningless. But I am sure it will be quoted infinitely here to the point of tedium.

Can anyone lend this man a sense of humour?

macnerd93
Jul 9, 2012, 09:25 AM
Apple needs to stop attacking every other tablet out there. Everyone knows the iPad is the best! Sure, not everyone can afford one and some people settle for less, but iPad is the rock star.

the fact is though, Apple quite rightly are defending themselves in the market.

The samsung tablet does look similar in someways to the iPad. from my understanding previous generations of the Galaxy looked so similar to the iPad that they were requested by a judge to change it and add more samsung branding to the product. There are plenty of ways to design a tablet in terms of physical appearance they don't need to keep copying Apples designs.

Check out this link to see how far the Samsung copying has gone
http://www.tuaw.com/2011/09/28/no-comment-proof-that-samsung-shamelessly-copies-apple/

entatlrg
Jul 9, 2012, 09:25 AM
As of right now, you're right. I don't think it will be the case for too much longer though. You think that the only reason people don't have an ipad, iPhone, ect is because they can't afford it, but that's not all the case. Some people like customization and being able to do what they want to with their product. Others, like myself, have steered away from the company due to their bullying and petty litigation thuggery. That said, they make great products. There are products being made outside of Apple that are just as, if not more, good when it comes to wowness factor.

1. Ignorance is Bliss
2. Do your research
3. Understand business.

Rm.237
Jul 9, 2012, 09:25 AM
Judge: Come on, Samsung! What's Apple like?
Samsung: Cool?
Judge: Correctamundo!

:cool:

needfx
Jul 9, 2012, 09:26 AM
COOL

The best way to say something is neat-o, awesome, or swell. The phrase "cool" is very relaxed, never goes out of style, and people will never laugh at you for using it, very conveniant for people like me who don't care about what's "in."
Homestar is cool.
The Red Sox are cool.
Twinkies are cool.
The iPad is cool. Samsung Galaxy Tablets, not as much.

http://www.urbandictionary.com/define.php?term=cool

applesith
Jul 9, 2012, 09:26 AM
This needs to be in an iPad commercial.

samcraig
Jul 9, 2012, 09:27 AM
Can anyone lend this man a sense of humour?

I have a great sense of humor/humour thanks :) I just think it's a meaningless comment from a judge that will be given too much meaning to the people here who want to high five each other. In truth - the verdict, in favor of Samsung is what's important and ultimately a b*tchslap to Apple.

kalsta
Jul 9, 2012, 09:29 AM
The phrase "cool" is very relaxed, never goes out of style, and people will never laugh at you for using it…

Unless you're a court judge! Or perhaps we're laughing with him. Anyway, I happen to think it's very cool that he was prepared to put that on the record. :)

stordoff
Jul 9, 2012, 09:30 AM
This headline doesn't tell the whole story. You need to read the judgement in full to appreciate what the Judge said. It's sloppy journalism to sensationalise the story in this way. I'm not a fan of 9 to 5 Mac but at least they have taken the time to quote the judgement in full.

Samsung v Apple, [2012] EWHC 1882 (Pat) (http://www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html), at 189-191, explains the decision reasonably well without needing to read the entire ruling:


This case illustrates the importance of properly taking into account the informed user's knowledge and experience of the design corpus. When I first saw the Samsung products in this case I was struck by how similar they look to the Apple design when they are resting on a table. They look similar because they both have the same front screen. It stands out. However to the informed user (which at that stage I was not) these screens do not stand out to anything like the same extent. The front view of the Apple design takes its place amongst its kindred prior art. There is a clear family resemblance between the front of the Apple design and other members of that family (Flatron, Bloomberg 1 and 2, Ozolins, Showbox, Wacom). They are not identical to each other but they form a family. There are differences all over these products but the biggest differences between these various family members are at the back and sides. The user who is particularly observant and is informed about the design corpus reacts to the Apple design by recognising the front view as one of a familiar type. From the front both the Apple design and the Samsung tablets look like members of the same, pre-existing family. As a result, the significance of that similarity overall is much reduced and the informed user's attention to the differences at the back and sides will be enhanced considerably.

The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool. The overall impression produced is different.

The Samsung tablets do not infringe Apple's registered design

ozaz
Jul 9, 2012, 09:30 AM
With the avalanche of patent lawsuits involving Apple, we try to restrict our coverage to the most significant developments such as issued injunctions, final settlements, and monetary awards.



What you report is still more than I care to know.
Why not create a patents/legal Blog to keep this stuff off the front page?

Kludge420
Jul 9, 2012, 09:31 AM
Apple suing them makes me want to buy one.

buslertq
Jul 9, 2012, 09:31 AM
http://www.goldismoney2.com/attachment.php?attachmentid=7484&d=1303476367&thumb=1

I wonder if ruling on a murder trial where the defendant was guilty, the Hon. Colin Birss finds him "totally lame, bro."

kalsta
Jul 9, 2012, 09:32 AM
I have a great sense of humor/humour thanks :) I just think it's a meaningless comment from a judge that will be given too much meaning to the people here who want to high five each other. In truth - the verdict, in favor of Samsung is what's important and ultimately a b*tchslap to Apple.

You're over-thinking this. ;)

Yeah okay, the Apple fanboys will quote it ad-infinitum, while the Fandroids will get up in arms over it. But most of us will just have some fun with it and move on.

Shaun, UK
Jul 9, 2012, 09:34 AM
Samsung v Apple, [2012] EWHC 1882 (Pat) (http://www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html), at 189-191, explains the decision reasonably well without needing to read the entire ruling:

I think this explains it a little better....

“In a ruling on July 9, 2012, the High Court of England & Wales sided with Samsung that the designs of the Galaxy Tab series of products are ‘different’ from an Apple tablet design, and do not infringe Apple’s Registered Community Design No. 181607-0001. Samsung products subject to this trial were the Galaxy Tab 10.1, the Galaxy Tab 8.9, and the Galaxy Tab 7.7.

“Samsung had requested this voluntary trial in September 2011, in order to oppose Apple’s ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments. Apple has insisted that the three Samsung tablet products infringe several features of Apple’s design right, such as ‘slightly rounded corners,’ ‘a flat transparent surface without any ornamentation,’ and ‘a thin profile.’

“However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004.

“Equally important, the court also found distinct differences between the Samsung and Apple tablet designs, which the court claimed were apparent to the naked eye. For instance, the court cited noticeable differences in the front surface design and in the thinness of the side profile. The court found the most vivid differences in the rear surface design, a part of tablets that allows designers a high degree of freedom for creativity, as there are no display panels, buttons, or any technical functions. Samsung was recognised by the court for having leveraged such conditions of the rear surface to clearly differentiate its tablet products through ‘visible detailing.’

“Samsung welcomes today’s ruling by the High Court, which affirms Samsung’s commitment to protect its own intellectual property rights while respecting those of other companies. Samsung believes Apple’s excessive legal claims based on such a generic design right can harm not only the industry’s innovation as a whole, but also unduly limit consumer choice.”

The court’s decision, according to Samsung, appears to be largely based on “unusual details” on the back of the Galaxy Tab and its overall thinner design. Judge Birss is giving Apple 21 days to appeal the ruling.

GenesisST
Jul 9, 2012, 09:35 AM
I did read the article.:)

A little literary license in the service of humor.

Obviously unsuccessful.:o
:D

BTW...thanks for the advice. I'll try to do better in the future.

I take people who make bad/missed jokes over someone that is always serious any time!

hickabob
Jul 9, 2012, 09:35 AM
While it's "cool" and all that he said this, Apple didn't file a lawsuit for affirmation... They already knew their product was cooler, their bank account told them that ;)

SirLance99
Jul 9, 2012, 09:38 AM
The judge also said this:

The court found numerous *Apple design features to lack originality*, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004

anilkuj
Jul 9, 2012, 09:40 AM
I think this explains it a little better....

“In a ruling on July 9, 2012, the High Court of England & Wales sided with Samsung that the designs of the Galaxy Tab series of products are ‘different’ from an Apple tablet design, and do not infringe Apple’s Registered Community Design No. 181607-0001. Samsung products subject to this trial were the Galaxy Tab 10.1, the Galaxy Tab 8.9, and the Galaxy Tab 7.7.

“Samsung had requested this voluntary trial in September 2011, in order to oppose Apple’s ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments. Apple has insisted that the three Samsung tablet products infringe several features of Apple’s design right, such as ‘slightly rounded corners,’ ‘a flat transparent surface without any ornamentation,’ and ‘a thin profile.’

“However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004.

“Equally important, the court also found distinct differences between the Samsung and Apple tablet designs, which the court claimed were apparent to the naked eye. For instance, the court cited noticeable differences in the front surface design and in the thinness of the side profile. The court found the most vivid differences in the rear surface design, a part of tablets that allows designers a high degree of freedom for creativity, as there are no display panels, buttons, or any technical functions. Samsung was recognised by the court for having leveraged such conditions of the rear surface to clearly differentiate its tablet products through ‘visible detailing.’

“Samsung welcomes today’s ruling by the High Court, which affirms Samsung’s commitment to protect its own intellectual property rights while respecting those of other companies. Samsung believes Apple’s excessive legal claims based on such a generic design right can harm not only the industry’s innovation as a whole, but also unduly limit consumer choice.”

The court’s decision, according to Samsung, appears to be largely based on “unusual details” on the back of the Galaxy Tab and its overall thinner design. Judge Birss is giving Apple 21 days to appeal the ruling.

Here is the source article.

http://www.pocket-lint.com/news/46416/samsung-statement-apple-court-ruling-britain

whooleytoo
Jul 9, 2012, 09:42 AM
This needs to be in an iPad commercial.

"The iPad. Legally cool." ?

I like it!

Navdakilla
Jul 9, 2012, 09:43 AM
Sounds like this Judge is a fanboy! :p

bharatgupta
Jul 9, 2012, 09:46 AM
thats why i hate copycat companies, chris pirillo is right the entire industry is like apple vs "everything else"

:rolleyes:

wordoflife
Jul 9, 2012, 09:46 AM
Wow, burned.
Not sure if the judge should've said that since it's just opinion.

Adidas Addict
Jul 9, 2012, 09:46 AM
http://i42.photobucket.com/albums/e314/AnthonyAndrades/iPad-1.jpg

madmin
Jul 9, 2012, 09:47 AM
Very interesting legal precedent... "coolness" as grounds for a legal decision!

Soon being a "geek" will be a defense for hacking.:eek:

The legal system, strange at best, is going in some odd directions!:rolleyes::D

IIRC, it's been over 20 years already since one of the earliest genuine computer system hackers to get caught and prosecuted pleaded not guilty on the grounds that he was already an addicted geek/hacker by the time the govt passed the relevant computer mis-use laws arguing that he was unable to subsequently control himself. He won, but his friends had already pleaded guilty and did time. Apparently, the young Brits were also barred from ever physically entering the US :rolleyes:

a.gomez
Jul 9, 2012, 09:48 AM
glad to see common sense keeps prevailing in the UK - hopefully this will be the trend in the rest of Europe.

powers74
Jul 9, 2012, 09:54 AM
Legally Cool.

Dammit! whooleytoo beat me to it!

roadbloc
Jul 9, 2012, 09:54 AM
Not sure how the coolness of a product has any effect on the law, but I'm not a judge.

lifeinhd
Jul 9, 2012, 09:56 AM
I'm at work. I had to bite my hand hard to keep from laughing after reading this headline.

charlituna
Jul 9, 2012, 10:00 AM
"Apple has 21 days in which to appeal the ruling."

Now if Apple wants to appeal the ruling, they'll have to argue that the Samsung tablet is "as cool" as the iPad.

The argument they are likely to use is that the judge pulled apart the various design elements to seek prior art on each element rather than the totality or how Apple applied the elements. Say like the 'frame' around the screen. Yes basically every tablet style device has that frame but before Apple was it flat and under the glass or some other style.

kazmac
Jul 9, 2012, 10:01 AM
Too funny, especially coming from a U.K. judge.

nagromme
Jul 9, 2012, 10:01 AM
I feel like I’m reading The Onion.

Mattstkc
Jul 9, 2012, 10:01 AM
maniacal laugh... maniacal laugh...:p

Shrink
Jul 9, 2012, 10:02 AM
IIRC, it's been over 20 years already since one of the earliest genuine computer system hackers to get caught and prosecuted pleaded not guilty on the grounds that he was already an addicted geek/hacker by the time the govt passed the relevant computer mis-use laws arguing that he was unable to subsequently control himself. He won, but his friends had already pleaded guilty and did time. Apparently, the young Brits were also barred from ever physically entering the US :rolleyes:

Amazing!

I guess truth is always stranger than fiction!:eek:

It seems you really can't exaggerate enough in the service of satire to outdo the real world!:rolleyes::D

KnightWRX
Jul 9, 2012, 10:03 AM
Not sure how the coolness of a product has any effect on the law, but I'm not a judge.

It doesn't. Prior art that covers the front design of the iPad and Samsung Tab, making their "similarity" something that's related to their tablet heritage (all tablets kinda look alike from the front was the basis of that decision) and the difference between both of the product's backs is what lead to the decision, not the "cool" part.

x-b-o
Jul 9, 2012, 10:04 AM
nm

KnightWRX
Jul 9, 2012, 10:04 AM
The argument they are likely to use is that the judge pulled apart the various design elements to seek prior art on each element rather than the totality or how Apple applied the elements. Say like the 'frame' around the screen. Yes basically every tablet style device has that frame but before Apple was it flat and under the glass or some other style.

If you apply the totality, then Apple's case still falls apart, since from the different sides and back, it's obvious Samsung did not copy the "total package". The similarities end at the front, which is not original to Apple.

RawBert
Jul 9, 2012, 10:07 AM
Apple won't appeal this ruling.
Being cooler is enough! :cool::apple:

Bezetos
Jul 9, 2012, 10:10 AM
You win some, you lose some, and you whatever-just-happened-here some.

Schizoid
Jul 9, 2012, 10:18 AM
Too funny, especially coming from a U.K. judge.

I'm surprised the judges here know what an iPad is, or a Mac, or any computer in fact... we always think of them as dusty old farts, mumbling about something irrelevant and banging a gavel with a black cap on...

bwillwall
Jul 9, 2012, 10:21 AM
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA *breathe in, breath out* HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

Peace
Jul 9, 2012, 10:27 AM
I'm surprised the judges here know what an iPad is, or a Mac, or any computer in fact... we always think of them as dusty old farts, mumbling about something irrelevant and banging a gavel with a black cap on...

Don't they still wear wigs in grand old UK ?

So a guy in a wig says the iPad is cooler than samsungs..

turtlez
Jul 9, 2012, 10:28 AM
sammy might sue the judge lol!

apollo1444
Jul 9, 2012, 10:29 AM
lol the judge just embarrased samsung to hell and back...

robeddie
Jul 9, 2012, 10:30 AM
In related news: Judges teenage son cringes at fathers use of dated slang.

the word 'cool' is outdated?

R3k
Jul 9, 2012, 10:33 AM
Lol!

Peace
Jul 9, 2012, 10:36 AM
I really don't think Apple is laughing as much as the posters here.

Especially since Microsoft just bought Perceptive Pixel.

Bchagey
Jul 9, 2012, 10:37 AM
Hahah lollllll best story to wake up to.

Shrink
Jul 9, 2012, 10:40 AM
the word 'cool' is outdated?

Thanks for the post.:D

I was thinking the same thing, but I was too chicken to question the statement being an old fart and generally out of it.

Cool post!!!:D:D

Rennir
Jul 9, 2012, 10:43 AM
So would calling a product cooler than another one in a courtroom be considered as stating a personal opinion? :D

Chrisg2014
Jul 9, 2012, 10:47 AM
I think the samsung tablet looks cool but it doesn't have iOS, which is the best mobile operating system. I hope this case ends the patient wars, if apple appeals, I hope the next judge says the same thing.

kdarling
Jul 9, 2012, 10:51 AM
Check out this link to see how far the Samsung copying has gone
http://www.tuaw.com/2011/09/28/no-comment-proof-that-samsung-shamelessly-copies-apple/

That photo collection has been debunked many times. Especially the microphone part.

Read this post (http://forums.macrumors.com/showpost.php?p=14084068&postcount=88).

bushido
Jul 9, 2012, 10:52 AM
Thanks for the post.:D

I was thinking the same thing, but I was too chicken to question the statement being an old fart and generally out of it.

Cool post!!!:D:D

according to Tumblr "flaw free" is the new cool

regarding the topic: my new "flaw free" iPad 3 is on its way to me :)

rmwebs
Jul 9, 2012, 10:53 AM
*sigh* Eric, when writing articles how about telling the whole story? Comes across as a very poor and sloppy piece of journalism from MacRumors when you tell it in such a biast way.

For the full story, go on the proper 9to5mac article: http://9to5mac.com/2012/07/09/judge-rules-against-apple-in-samsung-uk-patent-case-claims-galaxy-tabs-are-not-as-cool/

the8thark
Jul 9, 2012, 10:58 AM
the fact is though, Apple quite rightly are defending themselves in the market.

The samsung tablet does look similar in someways to the iPad. from my understanding previous generations of the Galaxy looked so similar to the iPad that they were requested by a judge to change it and add more samsung branding to the product. There are plenty of ways to design a tablet in terms of physical appearance they don't need to keep copying Apples designs.

Check out this link to see how far the Samsung copying has gone
http://www.tuaw.com/2011/09/28/no-comment-proof-that-samsung-shamelessly-copies-apple/

This is very true.
And I don't think a Judge is supposed to say "Apple products look cooler therefore the competition can be copying the looks".
21 days to appeal? Apple will surely be appealing this rather dumb decision.

boyd1955
Jul 9, 2012, 11:00 AM
Ah Ha ... And when has anyone ever met a judge that would know "cool" from "cow dung" ... In a way that is such a put down to apple :)))

Piggie
Jul 9, 2012, 11:00 AM
You know sometimes it's good NOT to be cool:

Cool Pants

http://i2.photobucket.com/albums/y23/nikeairmax/ap_sagging_pants_071015_ms.jpg

http://i.telegraph.co.uk/multimedia/archive/01890/baggy-pants-ap_1890289c.jpg

Cool Tattoo

http://4.bp.blogspot.com/-qxWzISvbgW4/TpxesEN3-JI/AAAAAAAACwg/yuGOb7S0uGk/s1600/b-437081-Cool_Tattoo_Design_Tattoos.jpg

Yup, I think I'll stick to un cool that's all the same.

Peace
Jul 9, 2012, 11:03 AM
Prior art. Let's see.

This is one of the Judge's examples of prior art :

http://i.ebayimg.com/t/HP-Compaq-TC1000-Tablet-PC-/00/s/MTYwMFgxMjAw/$(KGrHqF,!ikE9QlB533sBPkhF9nLDg~~60_12.JPG

samcraig
Jul 9, 2012, 11:04 AM
Nobody with a great sense of humor has ever had to claim they did.

Cliche response.

Much like calling anyone who says anything remotely negative is a hater and anyone who states something positive is a fan boy.

KnightWRX
Jul 9, 2012, 11:07 AM
This is very true.
And I don't think a Judge is supposed to say "Apple products look cooler therefore the competition can be copying the looks".
21 days to appeal? Apple will surely be appealing this rather dumb decision.

The judge did not say that at all though. Maybe you should actually read more than the ridiculous title ?

EbookReader
Jul 9, 2012, 11:08 AM
The decision is probably a bittersweet pill to swallow for both companies, but Samsung has already said it is pleased with the court’s decision.

“Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited,” the company said in a statement.

KnightWRX
Jul 9, 2012, 11:10 AM
The decision is probably a bittersweet pill to swallow for both companies, but Samsung has already said it is pleased with the court’s decision.

And I'm sure Apple isn't so happy their design was said to "lack originality" and that it was too simple to protect, based on many prior models of existing tablet designs.

samcraig
Jul 9, 2012, 11:13 AM
And I'm sure Apple isn't so happy their design was said to "lack originality" and that it was too simple to protect, based on many prior models of existing tablet designs.

It's an interesting thing. Apple prides itself on simplicity. But when it comes to these kinds of suits it works against them. If there were things that stood out or were unique to the design that was above and beyond the basics - then they would win a suit like this. But keeping things SO clean/simple - again, works to their disadvantage.

EbookReader
Jul 9, 2012, 11:15 AM
Someone wrote this on Cnet:

"If there is an infinite number of possible designs for tablets, the number of adequate designs is much smaller. Function defines form. That's why cars from a given category tend to look like each other. Compact cars look like each other, so do midsize sedans. They all have roughly the same shape.

Forcing Samsung to go for a thicker, more cluttered design just because Apple claims exclusive rights to thin rectangles with rounded corners would condemn Samsung to market failure. No one would benefit from it."



and this:


"I don't get how this is a legal issue. Cant the same design arguments be made for all HDTVs as well? Could Sony sue everyone who made a rectangular tv with a black bezel?

How many ways can you design a tablet? Octagon shaped?"

aperantos
Jul 9, 2012, 11:17 AM
I'm surprised the judges here know what an iPad is, or a Mac, or any computer in fact... we always think of them as dusty old farts, mumbling about something irrelevant and banging a gavel with a black cap on...

Well if you will base your opinion on caricatures. English judges do not even have gavels, nor have they ever.

Don't they still wear wigs in grand old UK ?

Not for civil cases, only circuit and High Court judges in criminal cases. The "cool" judge would have just been wearing a robe over a normal suit with his hair, hopefully, nicely brushed.

Bubba Satori
Jul 9, 2012, 11:20 AM
Apple hipster coolness drafted to combat Global warming. :cool:

Film at 11 after Casey Kasem's Disco Hall of Fame. :D

Oletros
Jul 9, 2012, 11:26 AM
Prior art. Let's see.

This is one of the Judge's examples of prior art :


No, no that picture is not one of the courts prior art.

Try again

mac 2005
Jul 9, 2012, 11:26 AM
This headline doesn't tell the whole story. You need to read the judgement in full to appreciate what the Judge said. It's sloppy journalism to sensationalise the story in this way. I'm not a fan of 9 to 5 Mac but at least they have taken the time to quote the judgement in full.

This site is not journalism, and neither is 9 to 5 Mac. They're blogs.

If you want "journalism," go to the source article: http://www.bloomberg.com/news/2012-07-09/samsung-wins-u-k-apple-ruling-over-not-as-cool-galaxy-tablet.html

lilo777
Jul 9, 2012, 11:27 AM
So far Apple has lost almost all court decisions (with exception of non-consequential ruling by a German judge which stopped sales of original Tab 10.1 but then found minor changes in Tab 10.1N sufficient to lift the ban) go against Apple with one notable exception of Lucy Koh who happened to be United States District Judge on the United States District Court for the Northern District of California (sharing headquarters with Apple). All her rulings so far were preliminary ones though and even if she rules in favor of Apple it is likely that her decisions will be overturned on appeal.

kdarling
Jul 9, 2012, 11:28 AM
The news mentions 50 items of prior art were used in the judgement. It'd be interesting to see them all.

A large mention was made of the Ozolins U.S. design patent, so I went looking. Turns out it predates the 2004 Apple design patent, and includes this description:

"The optical properties of the first and second portions of the cover are selected to present an appearance of a uniform cover without a bezel when the display device is not displaying an image." Such a flat screen is one of the major design features that Apple wants to claim as theirs alone.

347238
347239

Peace
Jul 9, 2012, 11:28 AM
No, no that picture is not one of the courts prior art.

Try again

"“However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."

How's this one ? HP TC1000

http://upload.wikimedia.org/wikipedia/commons/5/5f/Tablet_HP_TC-1100.jpg

Oletros
Jul 9, 2012, 11:29 AM
So far Apple has lost almost all court decisions (with exception of non-consequential ruling by a German judge which stopped sales of original Tab 10.1 but then found minor changes in Tab 10.1N sufficient to lift the ban) go against Apple with one notable exception of Lucy Koh who happened to be United States District Judge on the United States District Court for the Northern District of California (sharing headquarters with Apple). All her rulings so far were preliminary ones though and even if she rules in favor of Apple it is likely that her decisions will be overturned on appeal.

Her ruling against preliminar injunction was overruled

Oletros
Jul 9, 2012, 11:31 AM
"“However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."

How's this one ?



Try again, I'm sure you have found a lot of pictures of the TC without the attachable keyboard

Peace
Jul 9, 2012, 11:33 AM
Try again, I'm sure you have found a lot of pictures of the TC without the attachable keyboard

That is my point.

Neither the galaxy tab or the ipad have attachable keyboards.

The TC is more of a mini notebook than a real tablet.

wikus
Jul 9, 2012, 11:34 AM
LOL @ Apple

Drunken Master
Jul 9, 2012, 11:35 AM
In related news: Judges teenage son cringes at fathers use of dated slang.

The word "cool" is dated?

Um, sounds like someone isn't part of the cool kids.

mactmaster
Jul 9, 2012, 11:35 AM
http://i.imgur.com/0h1nY.jpg

BobCollins
Jul 9, 2012, 11:35 AM
Maybe MacRumors should just start another site to cover Apples litigious efforts.

I am sick of the ongoing abuse of patent law by large companies. It has become another self supporting profit center. In my observation, companies who engage in patent abuse are on their downhill slide in their real product development.

Sort of like advertising ISO 9001 as if people cared.

lilo777
Jul 9, 2012, 11:37 AM
"“However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."

How's this one ? HP TC1000

http://upload.wikimedia.org/wikipedia/commons/5/5f/Tablet_HP_TC-1100.jpg

It's a convertible laptop/tablet. You used the picture for a laptop mode. The correct one is for tablet setup which looks as follows:

http://www.simon-collings.co.uk/Gallery2/main.php?g2_view=core.DownloadItem&g2_itemId=540&g2_serialNumber=3

KdParker
Jul 9, 2012, 11:39 AM
according to Tumblr "flaw free" is the new cool

regarding the topic: my new "flaw free" iPad 3 is on its way to me :)

Tumblr is so outdated...

vmachiel
Jul 9, 2012, 11:40 AM
Whaha this post made my day. Esspecially the "Apple has 21 days to appeal" part:) I wouldn't:)

Oletros
Jul 9, 2012, 11:41 AM
That is my point.

Neither the galaxy tab or the ipad have attachable keyboards.

The TC is more of a mini notebook than a real tablet.

The keyboard was optional so yes, it was a tablet like the iPad or the Galaxy Tab

Peace
Jul 9, 2012, 11:43 AM
The keyboard was optional so yes, it was a tablet like the iPad or the Galaxy Tab

"Optional" ? I'm not sure but I think the TC came with the keyboard attached then you could remove the display and use a pen input.

Original link or it never happened.

KdParker
Jul 9, 2012, 11:45 AM
That is my point.

Neither the galaxy tab or the ipad have attachable keyboards.

The TC is more of a mini notebook than a real tablet.

+1

and obviously not cool

trouble747
Jul 9, 2012, 11:46 AM
I'm consistently amazed at how people seem to take this litigation personally, like suggesting that Apple is somehow being 'mean,' or poor Google isn't standing up for itself, or whatever other nonsense.

Apple does not make the law; it works within the legal and statutory framework of the countries in which it operates. If you don't believe that Samsung or Google or any of these other huge entities engages in litigation to protect its products or market (whether you personally agree with the value of their arguments or not), you're crazy. Because of concerns over judicial economy, courts usually desire and/or require that litigants raise any viable, related claims that exist--this generally requires arguing in the alternative, (basically throwing in the kitchen sink). This is going to result in claims that might appear goofy or even "frivolous" when taken out-of-context.

KnightWRX
Jul 9, 2012, 11:47 AM
Whaha this post made my day. Esspecially the "Apple has 21 days to appeal" part:) I wouldn't:)

You wouldn't appeal a judgement that bascically invalidated your design on the basis it lacks "originality" and represents common elements to all products in the bigger family of tablets, thus invalidating any chances you may have at litigating against products using the same front design as you are ?

Just because after calling you an original copycat of what has been out there for years, the judge said yours was "cool" ?

:eek:

Peace
Jul 9, 2012, 11:48 AM
You wouldn't appeal a judgement that bascically invalidated your design on the basis it lacks "originality" and represents common elements to all products in the bigger family of tablets, thus invalidating any chances you may have at litigating against products using the same front design as you are ?

Just because after calling you an original copycat of what has been out there for years, the judge said yours was "cool" ?

:eek:

And just who defines "bigger family of tablets" ?

In this day and age what IS a tablet anyway ?

emt1
Jul 9, 2012, 11:50 AM
The funny thing is that if Apple appeals this decision, they will be basically saying "NUH UH! Our iPads AREN'T as cool as the Galaxy tablets!!"

bushido
Jul 9, 2012, 11:51 AM
Tumblr is so outdated...

so what is "cool" according to u, maybe "so.cl" ?;)

KnightWRX
Jul 9, 2012, 11:56 AM
And just who defines "bigger family of tablets" ?

In this day and age what IS a tablet anyway ?

It seems the judge did.

AbyssImpact
Jul 9, 2012, 11:58 AM
So it must run pretty hot then...

My iPad 3 is amazingly hot when playing videos and playing the latest games. I wish Apple made more vents on the iPad like the iPad 1.

JGowan
Jul 9, 2012, 12:07 PM
If Steve was still alive, this quote would find itself on a presentation slide at the next iPad keynote. :D

trouble747
Jul 9, 2012, 12:09 PM
The funny thing is that if Apple appeals this decision, they will be basically saying "NUH UH! Our iPads AREN'T as cool as the Galaxy tablets!!"

Not really...litigants appeal portions of judgments all the time, even if the ruling ultimately went in their favor.

Glideslope
Jul 9, 2012, 12:10 PM
If Steve was still alive, this quote would find itself on a presentation slide at the next iPad keynote. :D

You know it!! :apple:

lilo777
Jul 9, 2012, 12:10 PM
If Steve was still alive, this quote would find itself on a presentation slide at the next iPad keynote. :D

I am surprised that people can't recognize obvious sarcasm in judge's remark. The "Samsung’s tablet isn’t "cool" enough to be confused with Apple’s iPad" is a clear jab at Apple not Samsung. The judge is clearly making fun of Apple attempts to claim that their design is unique and cool when in fact it's just an amalgamation of design elements widely used by everyone in the industry (as the court ruling shows).

Peace
Jul 9, 2012, 12:11 PM
It seems the judge did.

Wouldn't it be more accurate to have an impartial organization determine the specs etc. that separate tablets from mini laptops with attachable screens ?

cire
Jul 9, 2012, 12:14 PM
What you report is still more than I care to know.
Why not create a patents/legal Blog to keep this stuff off the front page?

In order to avoid a story on the front page that I am not interested in reading, I am lucky that I have purchased a mouse with a scroll wheel. That is a little plastic device in the middle of the mouse, that allows me to move on to the next article. Quite ingenious! I have also heard that those not so fortunate and technically sophisticated as I am, can use a thin area of the window to right known, I think, as the scrollbar...though that is just a rumor I heard.

bushido
Jul 9, 2012, 12:16 PM
My iPad 3 is amazingly hot when playing videos and playing the latest games. I wish Apple made more vents on the iPad like the iPad 1.

are you using a cover? does it "burn" through the cover? like can u feel it on your hands even though you're using a cover?

its already bothering me when my iphone gets hot and i'm getting my iPad 3 tmrw. my iPad 2 never got warm

---

thats the problem with "simplistic"

everything will look similar to it, its not even a choice unless you add 834380480 buttons just to make it look differently even though those buttons would be pointless

Kwill
Jul 9, 2012, 12:17 PM
Birss ruled that the Galaxy tablets' thinner profiles and "unusual details" on the back of the devices made them different enough from the iPad that they were not too similar to Apple's design.


Is there enough distinction when both tablets have a cover (http://www.amazon.com/iKit-Carbon-Rubberized-Hard-Case/dp/B004VJI1R0)?

Will Apple appeal to argue that the iPad is not the coolest?

gnasher729
Jul 9, 2012, 12:18 PM
Prior art. Let's see.

This is one of the Judge's examples of prior art :

In a patent application, you would show "prior art" which is things related to your patent, or similar to it, but not quite the same. So you basically say "I know these things existed, but they are not quite the same" and nobody can accuse you of hiding them. Of course your opponent in court would try to find prior art that _is_ the same as yours. This image seems to be the first category ("yes, this thing had rounded corners but it also had a huge keyboard attached, which makes it different from the iPad").

clukas
Jul 9, 2012, 12:22 PM
“They are not as cool.”

Hahahahahahahahahahahahahahahahahahahahahahahahhahahahahhaahaha
In your face samsung!

mertyz
Jul 9, 2012, 12:24 PM
Sir Jon Ive:

http://i2.kym-cdn.com/entries/icons/original/000/010/809/happy-oh-stop-it-you.png

paulypants
Jul 9, 2012, 12:24 PM
*sigh* Eric, when writing articles how about telling the whole story? Comes across as a very poor and sloppy piece of journalism from MacRumors when you tell it in such a biast way.

For the full story, go on the proper 9to5mac article: http://9to5mac.com/2012/07/09/judge-rules-against-apple-in-samsung-uk-patent-case-claims-galaxy-tabs-are-not-as-cool/

A journalism critique from someone who cannot spell 'biased' correctly. Your editor must have the day off. ;)

trouble747
Jul 9, 2012, 12:24 PM
I am surprised that people can't recognize obvious sarcasm in judge's remark. The "Samsung’s tablet isn’t "cool" enough to be confused with Apple’s iPad" is a clear jab at Apple not Samsung. The judge is clearly making fun of Apple attempts to claim that their design is unique and cool when in fact it's just an amalgamation of design elements widely used by everyone in the industry (as the court ruling shows).

I don't think it was intended as sarcasm, given the context of the remark.

theelysium
Jul 9, 2012, 12:28 PM
It looks like a blatant copy to me.... whatever judge!

Lately judges seem to rule on opinion rather then logic or law. :rolleyes:

Oletros
Jul 9, 2012, 12:28 PM
"Optional" ? I'm not sure but I think the TC came with the keyboard attached then you could remove the display and use a pen input.

No, it is a tablet PC, it works with a pen.

And you CAN attach a keyboard

Original link or it never happened.


I'm sure that you have found a lot of pictures from the side.

A hint, its name was TABLET not mini notebook

bushido
Jul 9, 2012, 12:28 PM
Hahahahahahahahahahahahahahahahahahahahahahahahhahahahahhaahaha
In your face samsung!

its actually in your face apple. read the whole thing, its completely sarcastic

Oletros
Jul 9, 2012, 12:30 PM
Hahahahahahahahahahahahahahahahahahahahahahahahhahahahahhaahaha
In your face samsung!

Yap, the judge said that Apple design was not original and that Samsung doesn't infringes Apple patents but it is in Samsung face, isn't it?

trouble747
Jul 9, 2012, 12:31 PM
its actually in your face apple. read the whole thing, its completely sarcastic

Where did you read the "whole thing"?

Oletros
Jul 9, 2012, 12:31 PM
It looks like a blatant copy to me.... whatever judge!

Lately judges seem to rule on opinion rather then logic or law. :rolleyes:

Butt hurt?

Peace
Jul 9, 2012, 12:32 PM
No, it is a tablet PC, it works with a pen.

And you CAN attach a keyboard




I'm sure that you have found a lot of pictures from the side.

A hint, its name was TABLET not mini notebook

It was a tablet PC not a tablet.

bushido
Jul 9, 2012, 12:33 PM
Where did you read the "whole thing"?

look below mine and above yours. he summed it up

DS9Sisko
Jul 9, 2012, 12:34 PM
...rather innocuous and mildly amusing story and the consternation over its headline, is it any wonder why so many geeks have trouble getting dates?

:eek:

Oletros
Jul 9, 2012, 12:36 PM
It was a tablet PC not a tablet.

You have to inform better, you're starting to write ridiculous arguments.

A tablet PC doesn't have or need a keyboard.

trouble747
Jul 9, 2012, 12:37 PM
look below mine and above yours. he summed it up

I understand the ruling, but I don't think the comment that's garnering all of the attention was intended to be "sarcastic."

I've only read the excerpts of the opinion, however (though they seem to provide enough context for the "cool" comment to determine the intent).

LordVic
Jul 9, 2012, 12:39 PM
It was a tablet PC not a tablet.

are you really going to go this route to defend your position?

A tablet is a PC. even the modern day ones, running their own OS are really just hand held computers.

Trust on Apple fanboys to assume that if it's not an apple product, it's a PC.

Everything always has to be "thats so PC" or "PC v ______". i do not truly believe most of the people here, nor who listen to apple marketing know what a PC is, what it stands for or what the classification is

Nice quicky Definition everyone should understand;
"A personal computer (PC) is any general-purpose computer whose size, capabilities, and original sales price make it useful for individuals, and which is intended to be operated directly by an end-user with no intervening computer operator. "

Tablets fit perfectly into this. the whole "post PC" and "PC vs MAC" hoopla is nothing but marketing trash. Stop it.


As for samsung:

Samsung is the king copier in the digital world. I truly do believe that samsung copied a lot of elements from apple, especially in the packaging, marketing and 'external' things like the power brick and cable connector.

However, like the judge said, Once you start to make your devices super simple, you lose the ability to patent. there are so many ways to skin a cat. All these tablets are trying to be the smallest, thinnest, fastest tablet, while maintaining the smallest, lightest and simplest design.

What apple is effectively attempting to do is bar any other company from making a simplistic tablet as thin, light and small as possible, Thus skewing the market towards only their product. ESpecially a product that isn't entirely new. Apple borrowed a lot of concepts and design elements from the technologies of the past to get where they got as well.

The judge made the right decision here.

the8thark
Jul 9, 2012, 12:50 PM
The judge did not say that at all though. Maybe you should actually read more than the ridiculous title ?

I did read the entire article. I read it on the bloomberg site. And the judge did say that. If you want to criticise someone for not reading the entire article, maybe you should criticise yourself.

Shrink
Jul 9, 2012, 01:01 PM
according to Tumblr "flaw free" is the new cool

regarding the topic: my new "flaw free" iPad 3 is on its way to me :)

Flaw free...:confused:

Oh, you kookie kids and your crazy slang talk.

Land O'Goshen, who can understand you young whippersnappers today.

Not like in the old days...that was the bee knees!:p

:D

KnightWRX
Jul 9, 2012, 01:03 PM
Not really...litigants appeal portions of judgments all the time, even if the ruling ultimately went in their favor.

Well, this time at least the ruling didn't go in their favor at all, they basically lost and their design IP got questionned big time. A lot of grounds for appeal, though I wonder on what points of law they might say the Judge erred.

----------

Wouldn't it be more accurate to have an impartial organization determine the specs etc. that separate tablets from mini laptops with attachable screens ?

There were 50 examples of prior art, why are you putting so much focus on the TC1000 (which btw the court in the Netherland also cited as prior art) ? If it makes you happier, this was also cited :

http://i.dailymail.co.uk/i/pix/2011/04/28/article-1381528-0BCF853400000578-174_468x453.jpg

He also used Wacom. There's no need to establish a specific spec here as to what is a tablet. The judge was comparing designs for electronic devices and found several designs that had elements of the front of the Apple 2004 design registration. That is all, you're over thinking things.

sransari
Jul 9, 2012, 01:05 PM
While the coolness factor sounds silly, the rationale is sound...the competing product simply needs to be different enough to be considered not infringing. It doesn't matter if it's better, worse, or not as cool, just has to be different. So "not as cool" is a good reason since it means that the g-tab is different enough than the ipad.

Also, I am surprised that the devices used in star trek next generation were not cited as prior art...those things look just like ipads...(a flat rectangle with a screen).

KnightWRX
Jul 9, 2012, 01:07 PM
("yes, this thing had rounded corners but it also had a huge keyboard attached, which makes it different from the iPad").

The TC1000's keyboard is detachable and the TC1000 is usable as a plain tablet without a keyboard.

----------

It was a tablet PC not a tablet.

As opposed to a tablet post-PC ? You're over-defining things.

SchneiderMan
Jul 9, 2012, 01:08 PM
Words of wisdom.

KnightWRX
Jul 9, 2012, 01:10 PM
I did read the entire article. I read it on the bloomberg site. And the judge did say that. If you want to criticise someone for not reading the entire article, maybe you should criticise yourself.

The ruling is based not on "coolness", it's based on the fact that the judge found the similarities to only stem from the front of the device, when both are layed down on a table. He then cited close to 50 prior devices (prior to 2004, the date on the registration of Apple's design), including the Knight Ridder, the Ozolin and the TC1000, and used that to say Apple's design was not original.

He then proceeded to list the details on the side and back that differentiated the Galaxy Tab and the iPad and basically declared an informed user would have no trouble making the distinction from the back and sides between both devices.

Thus the Samsung Galaxy Tab is non-infringing based on these 2 premises, again :

- Unoriginal front design with plenty of prior art
- Difference in design for sides and back of the devices in question.

I read the article. Again, maybe you should have too. Coolness had really nothing to do with his decision, but it makes for some nice headlines.

samcraig
Jul 9, 2012, 01:11 PM
That is all, you're over thinking things.

No... he's just...

http://creditmanagementassociation.org/wp-content/uploads/2012/05/square_peg_in_round_hole_2.jpg

FoxMcCloud
Jul 9, 2012, 01:12 PM
I don't think you can mistake the two. While similar, one has an Apple logo on the back, the other the words Samsung.

if you want an iPad, you will not pick up a Samsung.

ChazUK
Jul 9, 2012, 01:13 PM
The TC1000's keyboard is detachable and the TC1000 is usable as a plain tablet without a keyboard.

The TC1100 was one of my first work computers and I loved the versatility of the dockable keyboard.

I think when people try to knock the TC1100 because it docked with a keyboard....
http://upload.wikimedia.org/wikipedia/commons/thumb/a/a3/Tc1100-2.JPG/250px-Tc1100-2.JPG

They should realise the iPad docks with a keyboard...
http://zapp4.staticworld.net/reviews/graphics/products/uploaded/463547_g1.jpg

:p

ellsworth
Jul 9, 2012, 01:21 PM
10 minutes later.. Apple applied for a trademark for the tagline: "They are not as cool."

darklyt
Jul 9, 2012, 01:25 PM
I feel like I’m reading The Onion.

It certainly does, at least the way the headline reads. :) Seems somewhat similar to this video: Not safe for work. (http://www.youtube.com/watch?v=Hyph_DZa_GQ)

h4lp m3
Jul 9, 2012, 01:25 PM
Gimme a break. All these damn tablets are iPad rip-offs.
Let's be real. In the beginning, there was iPad. A year later, these other guys came.

LordVic
Jul 9, 2012, 01:27 PM
Gimme a break. All these damn tablets are iPad rip-offs.
Let's be real. In the beginning, there was iPad. A year later, these other guys came.

Again, you're missing the fact that the Tablet has existed for many years before apple ever came out with the ipad, ipod touch, or iphone.

Tablet computing is NOT new. it was only recently however that tablets became mainstream and affordable in a tiny easy to cary form factor. I will give you and apple the credit that they made having them "cool" and mainstream. But they far far far FAR from invented the technology.

http://en.wikipedia.org/wiki/History_of_tablet_computers

rendevouspoo
Jul 9, 2012, 01:29 PM
Gimme a break. All these damn tablets are iPad rip-offs.
Let's be real. In the beginning, there was iPad. A year later, these other guys came.

This isn't remotely the truth.

Oletros
Jul 9, 2012, 01:29 PM
Gimme a break. All these damn tablets are iPad rip-offs.
Let's be real. In the beginning, there was iPad. A year later, these other guys came.

Denial mode?

samcraig
Jul 9, 2012, 01:33 PM
Gimme a break. All these damn tablets are iPad rip-offs.
Let's be real. In the beginning, there was iPad. A year later, these other guys came.

Spoken like a person who was born in 2009. As if anything prior simply did not exist.

Frenchjay
Jul 9, 2012, 01:33 PM
The Galaxy tablets "do not have the same understated and extreme simplicity which is possessed by the Appledesign," Birss said. "They are not as cool."


Sent from Judges iPad

lilo777
Jul 9, 2012, 01:36 PM
10 minutes later.. Apple applied for a trademark for the tagline: "They are not as cool."

20 minutes later they were denied.

iMikeT
Jul 9, 2012, 01:36 PM
Of course it's not as cool, durrrrrr.

Peace
Jul 9, 2012, 01:36 PM
I find it odd that whenever some judge rules in favor of Apple people here call the judge wrong but when a judge rules in favor of samsung people here call the judge right.


just my view.

:rolleyes:

samcraig
Jul 9, 2012, 01:38 PM
The Galaxy tablets "do not have the same understated and extreme simplicity which is possessed by the Appledesign," Birss said. "They are not as cool."


Sent from Judges iPad

I doubt the judge would refer to himself in a quote but rather just type his thoughts. Cute try though. Oh. And it would be Judge's....

h4lp m3
Jul 9, 2012, 01:39 PM
The extended version:
"The Galaxy tablets do not have the same understated and extreme simplicity as iPad. Just because they're both black, handheld, have touch screens, a border around them, cameras on the front and back, buttons on the side, and serve the same purpose: portable porn... It's really apples & oranges folks. One emails and the other... hmmm. Well, one has GPS and... No that won't work either. They're just different ok. That one sucks and that one's cool.

samcraig
Jul 9, 2012, 01:39 PM
I find it odd that whenever some judge rules in favor of Apple people here call the judge wrong but when a judge rules in favor of samsung people here call the judge right.


just my view.

:rolleyes:

Your view is a sweeping generalization that I believe has no merit/truth to it.

Peace
Jul 9, 2012, 01:40 PM
Your view is a sweeping generalization that I believe has no merit/truth to it.

I'm rubber and you're glue.


bla bla bla...

;)

AbyssImpact
Jul 9, 2012, 01:40 PM
are you using a cover? does it "burn" through the cover? like can u feel it on your hands even though you're using a cover?

its already bothering me when my iphone gets hot and i'm getting my iPad 3 tmrw. my iPad 2 never got warm

---

thats the problem with "simplistic"

everything will look similar to it, its not even a choice unless you add 834380480 buttons just to make it look differently even though those buttons would be pointless

Yes I have a smart cover which does.not get taken off during use

h4lp m3
Jul 9, 2012, 01:41 PM
Again, you're missing the fact that the Tablet has existed for many years before apple ever came out with the ipad, ipod touch, or iphone.

I remember those bricks... what is multitouch?

Oletros
Jul 9, 2012, 01:41 PM
I find it odd that whenever some judge rules in favor of Apple I think people here call the judge wrong but when a judge rules in favor of samsung I think people here call the judge right but both views are totally wrong


just my biased view.

:rolleyes:


Corrected.

samcraig
Jul 9, 2012, 01:41 PM
The extended version:
[QUOTE=Judge Goofball]"The Galaxy tablets do not have the same understated and extreme simplicity as iPad. Just because they're both black, handheld, have touch screens, a border around them, cameras on the front and back, buttons on the side, and serve the same purpose: portable porn... It's really apples & oranges folks. One emails and the other... hmmm. Well, one has GPS and... No that won't work either. They're just different ok. That one sucks and that one's cool.

Got it. You are young. I suggest you get over it. Not being young. Just that Apple's design didn't hold up in court.

derickdub
Jul 9, 2012, 01:55 PM
Both of them? The judge also said that Apple design lacks originality

Where did you see that at?

ChazUK
Jul 9, 2012, 01:56 PM
I find it odd that whenever some judge rules in favor of Apple people here call the judge wrong but when a judge rules in favor of samsung people here call the judge right.


just my view.

:rolleyes:
It takes all sorts I guess.

People that cheer an Apple win. People that jeer an Apple win.
People that want to redefine what exactly makes a tablet a tablet.

All kind of loons out there. ;)

samcraig
Jul 9, 2012, 01:59 PM
It takes all sorts I guess.

People that cheer an Apple win. People that jeer an Apple win.
People that want to redefine what exactly makes a tablet a tablet.

All kind of loons out there. ;)

Well what do YOU know Mr. Appdroid Fan Boy! ;)

LordVic
Jul 9, 2012, 01:59 PM
I remember those bricks... what is multitouch?

again. multitouch existed before Apple.

http://en.wikipedia.org/wiki/Multi-touch

Just because your first introduction to a multi touch tabet was the ipad, doesn't mean that the world started then.

I love the history where Apple buys the company who invented the current iteration of multi touch, then claims they invented it themselves

ChazUK
Jul 9, 2012, 02:03 PM
Well what do YOU know Mr. Appdroid Fan Boy! ;)

Oh teh noes! Is my fanboy showing? :o :p

roasted
Jul 9, 2012, 02:05 PM
Apple needs to stop attacking every other tablet out there. Everyone knows the iPad is the best! Sure, not everyone can afford one and some people settle for less, but iPad is the rock star.

How's that kool aid tastin, skipper?

samcraig
Jul 9, 2012, 02:05 PM
again. multitouch existed before Apple.

http://en.wikipedia.org/wiki/Multi-touch

Just because your first introduction to a multi touch tabet was the ipad, doesn't mean that the world started then.

I love the history where Apple buys the company who invented the current iteration of multi touch, then claims they invented it themselves

Did you know there was no TELEVISION before Apple TV? Totally true. I read it somewhere.

Oletros
Jul 9, 2012, 02:08 PM
Where did you see that at?

When they have found 50 prior art designs and that the iPad design is part of a tablet family?

LordVic
Jul 9, 2012, 02:08 PM
Did you know there was no TELEVISION before Apple TV? Totally true. I read it somewhere.

I also heard that Apple Invented the MP3 player, the Personal Computer, and the Wheel.

ok ok ok, you caught me

they didnt invent the wheel, but nobody thought of using it for transport till apple invented the iCarriage

roasted
Jul 9, 2012, 02:13 PM
Gimme a break. All these damn tablets are iPad rip-offs.
Let's be real. In the beginning, there was iPad. A year later, these other guys came.

Clearly you're being sarcastic. Nobody can possibly be that naive to be serious with a comment like this.

samcraig
Jul 9, 2012, 02:13 PM
I also heard that Apple Invented the MP3 player, the Personal Computer, and the Wheel.

ok ok ok, you caught me

they didnt invent the wheel, but nobody thought of using it for transport till apple invented the iCarriage

Funny you should say that...

The MacBook Wheel (http://www.theonion.com/video_embed/?id=14299)

hamlin
Jul 9, 2012, 02:21 PM
This is the actual Statement -
In a ruling on July 9, 2012, the High Court of England & Wales sided with Samsung that the designs of the Galaxy Tab series of products are 'different' from an Apple tablet design, and do not infringe Apple’s Registered Community Design No. 181607-0001. Samsung products subject to this trial were the Galaxy Tab 10.1, the Galaxy Tab 8.9, and the Galaxy Tab 7.7."Samsung had requested this voluntary trial in September 2011, in order to oppose Apple’s ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments. Apple has insisted that the three Samsung tablet products infringe several features of Apple’s design right, such as 'slightly rounded corners,' 'a flat transparent surface without any ornamentation,' and 'a thin profile.'"However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."Equally important, the court also found distinct differences between the Samsung and Apple tablet designs, which the court claimed were apparent to the naked eye. For instance, the court cited noticeable differences in the front surface design and in the thinness of the side profile. The court found the most vivid differences in the rear surface design, a part of tablets that allows designers a high degree of freedom for creativity, as there are no display panels, buttons, or any technical functions. Samsung was recognised by the court for having leveraged such conditions of the rear surface to clearly differentiate its tablet products through 'visible detailing.'


No where does he say it's "Not as cool"

Oletros
Jul 9, 2012, 02:33 PM
This is the actual Statement -



No where does he say it's "Not as cool"


No, this is Samsung comments about the ruling:

http://www.pocket-lint.com/news/46416/samsung-statement-apple-court-ruling-britain

devilstrider
Jul 9, 2012, 02:39 PM
Just proves apple was on some BS in the first place. The judge did not say anything new at all.

Colpeas
Jul 9, 2012, 02:55 PM
Well, I on the other hand get those two mixed up all the time. At first sight, their front part look almost identically and I can tell them apart only by the aspect ratio of the display.

But yeah, GalaxyShit is definitely not as cool as the iPad. Now it's official.

BFizzzle
Jul 9, 2012, 02:56 PM
does that mean apple can legally say they are cooler?

devilstrider
Jul 9, 2012, 02:56 PM
Common sense prevailed.

inkswamp
Jul 9, 2012, 03:02 PM
In related news: Judges teenage son cringes at fathers use of dated slang.

I think it would be unbecoming of a judge to declare one product "not as baller" as the other. :D

devilstrider
Jul 9, 2012, 03:09 PM
Now some people have to come up with a new complaint since you can't say they copied.

koolmagicguy
Jul 9, 2012, 03:10 PM
the fact is though, Apple quite rightly are defending themselves in the market.

The samsung tablet does look similar in someways to the iPad. from my understanding previous generations of the Galaxy looked so similar to the iPad that they were requested by a judge to change it and add more samsung branding to the product. There are plenty of ways to design a tablet in terms of physical appearance they don't need to keep copying Apples designs.

Check out this link to see how far the Samsung copying has gone
http://www.tuaw.com/2011/09/28/no-comment-proof-that-samsung-shamelessly-copies-apple/

Wow, I really had no idea it was so similar! Thanks for your response!

netdoc66
Jul 9, 2012, 03:11 PM
It seems like they have more right to do it then Apple has to sue samsung for putting a touchable screen into a portable case.

:apple:Think, hmm...

samcraig
Jul 9, 2012, 03:20 PM
Wow, I really had no idea it was so similar! Thanks for your response!

Don't thank him.

Read this

http://forums.macrumors.com/showpost.php?p=14084068&postcount=88

RiverCitySlim
Jul 9, 2012, 03:50 PM
does that mean apple can legally say they are cooler?

As long as they also mention they are unoriginal.

FFX
Jul 9, 2012, 03:53 PM
Sorry fanboys but this is BS.

No where does it say that apple is cooler than samsung..

"Samsung had requested this voluntary trial in September 2011, in order to oppose Apple’s ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments. Apple has insisted that the three Samsung tablet products infringe several features of Apple’s design right, such as 'slightly rounded corners,' 'a flat transparent surface without any ornamentation,' and 'a thin profile.'

"However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004.

"Equally important, the court also found distinct differences between the Samsung and Apple tablet designs, which the court claimed were apparent to the naked eye. For instance, the court cited noticeable differences in the front surface design and in the thinness of the side profile. The court found the most vivid differences in the rear surface design, a part of tablets that allows designers a high degree of freedom for creativity, as there are no display panels, buttons, or any technical functions. Samsung was recognised by the court for having leveraged such conditions of the rear surface to clearly differentiate its tablet products through 'visible detailing.'"

Please give a source to your claims.

Oletros
Jul 9, 2012, 04:02 PM
Sorry fanboys but this is BS.

No where does it say that apple is cooler than samsung..

Please give a source to your claims.

Perhaps the actual ruling text counts as source?

http://www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html

blow45
Jul 9, 2012, 04:08 PM
Apple: We just love to make great products, that's what people want great products, and because they are so great and we are confident about them when someone releases a thin tablet (cause we at apple invented tablets, no one can make thin tablets and not rip us off, they have to make fat tablets using old battery tech), and said table is with a completely different os than ours we have such a great legal team to sue them because we are so confident that our product is so great that we don't let anyone else compete with our product.

Btw, that android screen from the tab looks great, last I remember ios on the ipad still looked like an oversized phone os...but no surely, there's ios 6 around the corner, surely by now apple have a way to combine app widgets on a screen....what they haven't? Maybe the've been to busy suing others to develop their os...

irDigital0l
Jul 9, 2012, 04:33 PM
sad day samsung...

sad, sad day

lol

rmwebs
Jul 9, 2012, 04:34 PM
A journalism critique from someone who cannot spell 'biased' correctly. Your editor must have the day off. ;)

If I was an editor then it might be a bit of a problem...but I'm not. I apologise for relying on autocorrect... :rolleyes:

Judas1
Jul 9, 2012, 04:41 PM
Everybody knows that when an authority figure says something is cool, it automatically makes it uncool. Its the transitive property of cool. Therefore, officially, Apple is no longer cool.:D

trouble747
Jul 9, 2012, 04:46 PM
Please give a source to your claims.

Uh, this was reported in dozens of places. You think everyone was just making it up?

From the opinion:

The extreme simplicity of the Apple design is striking. Overall it has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design.
The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool. The overall impression produced is different.

Pretty plainly demonstrates that the court was not engaging in sarcasm, as some have suggested.

george-brooks
Jul 9, 2012, 04:51 PM
Good judge. He is right, nobody would confuse a Samsung Galaxy Tab with an iPad, he couldn't have said it better. Its "not as cool"

trouble747
Jul 9, 2012, 04:55 PM
Apple: We just love to make great products, that's what people want great products, and because they are so great and we are confident about them when someone releases a thin tablet (cause we at apple invented tablets, no one can make thin tablets and not rip us off, they have to make fat tablets using old battery tech), and said table is with a completely different os than ours we have such a great legal team to sue them...

This particular suit was initiated by Samsung, actually:

This action concerns Community Registered Design No. 000181607-0001. The design belongs to the defendant (Apple). Among the named designers are Sir Jonathan Ive and Steve Jobs. The claimant (Samsung) seeks a declaration that three of its Galaxy tablet computers (the Tab 10.1, Tab 8.9 and Tab 7.7) do not infringe. Apple counterclaims for infringement. One of the matters to be dealt with is whether the counterclaim should be stayed. The validity of the registration is not in issue in this case. Samsung has applied to revoke the registration at OHIM.

kdarling
Jul 9, 2012, 04:57 PM
For anyone who wants to read it, and look at the pretty pictures, the High Court ruling is here:

http://www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html

Four oF NINE
Jul 9, 2012, 04:59 PM
What a cool way to lose a lawsuit :)

hogo
Jul 9, 2012, 05:13 PM
Samsunged.

albusseverus
Jul 9, 2012, 05:57 PM
I think this explains it a little better....

“However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004.

“Equally important, the court also found distinct differences between the Samsung and Apple tablet designs, which the court claimed were apparent to the naked eye. For instance, the court cited noticeable differences in the front surface design and in the thinness of the side profile. The court found the most vivid differences in the rear surface design, a part of tablets that allows designers a high degree of freedom for creativity, as there are no display panels, buttons, or any technical functions. Samsung was recognised by the court for having leveraged such conditions of the rear surface to clearly differentiate its tablet products through ‘visible detailing.’


Prior art my ____. The only thing they need to be shown is Samsung's products before iPad/iPhone and Samsung's products after iPad/iPhone. And not a picture of a screen with icons on it - the function of the devices. It's easy to think, "Well, all tablets should be like an iPad, it's obvious, just look at how it works…" And that's the trap. They didn't before and now they do. Theft, outright theft.

I'm afraid, Apple is going about this badly. What's at issue here is :-

customer walks into electronics shop
asks to buy an iPad/iPhone
customer is shown Samsung rip off and told "it's as good as an iPad"
not told - sales-stooge gets better kick-back from Samsung
walks away with half-arsed tablet and thinks iPads are stupid and dumb too
Apple's business is harmed


I used a Galaxy S III the other day, talk about looking like, but not acting like. And people are being sold these all over the world as - "as good as". And Apple's in court trying to argue physical similarities… wrong move.

faroZ06
Jul 9, 2012, 06:02 PM
In related news: Judges teenage son cringes at fathers use of dated slang.

"Cool story bro" isn't dated unless you count 2012.

samcraig
Jul 9, 2012, 08:39 PM
I disagree with your post and premise 100%. And what a forum cliche "I used a Galaxy S III the other day." It's not acting like an iPhone because it's not an iPhone. It's an Android phone.

It's selling well because it's a good phone with good specs. Many of which are, indeed, better than the iPhone. I know that's a hard thing to digest - but you'll simply have to get over it.

The Galaxy S III also doesn't look like an iPhone at all. If you think it looks "like" one - I question your vision. Sincerely.

You want to believe that people are being duped into buying the Galaxy S III? Oh please. You can't be serious.

Prior art my ____. The only thing they need to be shown is Samsung's products before iPad/iPhone and Samsung's products after iPad/iPhone. And not a picture of a screen with icons on it - the function of the devices. It's easy to think, "Well, all tablets should be like an iPad, it's obvious, just look at how it works…" And that's the trap. They didn't before and now they do. Theft, outright theft.

I'm afraid, Apple is going about this badly. What's at issue here is :-

customer walks into electronics shop
asks to buy an iPad/iPhone
customer is shown Samsung rip off and told "it's as good as an iPad"
not told - sales-stooge gets better kick-back from Samsung
walks away with half-arsed tablet and thinks iPads are stupid and dumb too
Apple's business is harmed


I used a Galaxy S III the other day, talk about looking like, but not acting like. And people are being sold these all over the world as - "as good as". And Apple's in court trying to argue physical similarities… wrong move.

mex4eric
Jul 9, 2012, 09:43 PM
Samsung makes nice fridges though - that's cool.

cdmoore74
Jul 9, 2012, 10:28 PM
Does anyone really care? I bought a Nexus 7 and it's twice the tablet at half the cost.

Analog Kid
Jul 9, 2012, 11:03 PM
"Apple has 21 days in which to appeal the ruling."

Now if Apple wants to appeal the ruling, they'll have to argue that the Samsung tablet is "as cool" as the iPad.

My thought exactly-- this quote might be seen as a dig at Samsung, but it's Apple that it puts in a corner. Is it worth the marketing gaffe to gain legal advantage.

"Your Honor, we submit that the Galaxy Tab is every bit as cool as the iPad, and these are the reasons why."

Also, is Apple going to get countersued if they make the next iPad as thin as Galaxy?

trouble747
Jul 9, 2012, 11:16 PM
People...filing an appeal does not necessarily mean the appellant disagrees with every assertion or finding made by the court in the adverse ruling. Apple's decision whether or not to appeal will have nothing to do with the court's finding that Apple's product is more "cool" than Samsung's.

Thomas P.
Jul 10, 2012, 12:41 AM
The decision came in a good time for Samsung and they must be celebrating as they will be able to counter Apple's iPad in a better way after winning the case in UK. But still as the decision says that Samsung Tablets are not as Cool, that is something that would hurt Samsung... :P as it came as a review before release of the product!

msandersen
Jul 10, 2012, 01:01 AM
Apple has 21 days in which to appeal the ruling.

Article Link: UK Judge Rules Samsung Tablets 'Not as Cool' as iPad (http://www.macrumors.com/2012/07/09/uk-judge-rules-samsung-tablets-not-as-cool-as-ipad/)
So, they have 21 days to appeal the ruling that their tablets are cooler?? :)

ranReloaded
Jul 10, 2012, 01:16 AM
Apple is in an awkward position... If they appeal, does it mean they think "Samsung's products are cool after all"? :D

yusukeaoki
Jul 10, 2012, 01:21 AM
Must be the best way to lose.

Oletros
Jul 10, 2012, 01:44 AM
I used a Galaxy S III the other day, talk about looking like, but not acting like.

You haven't seen a Galaxy SIII in your life

And the rest of your post is the same, nonsense

Vip
Jul 10, 2012, 02:36 AM
We have the coolest Judges in the world, here in Blighty.

Common sense prevails...

Ryan John
Jul 10, 2012, 03:30 AM
This is a little ironic don't you think? Page after page of people delighting in a judge ruling against Apple, because he used the term "not as cool" in his subjective summing up of the case.

Now if this man was a tech expert or regular consumer reviewer his opinion may carry a little weight. But no, he's a judge, i.e. possibly upper class, born with a silver spoon, iPad/iPhone/iMac/iEverything owning type, that thinks fixing a computer involves picking up the phone and calling a repair person or an on/off switch. A typical victim of the hype machine and huge over exposure to Apple products that we get in the UK.

One man's cool is another man's eyesore, so the willingness to take a non tech savvy judges opinion as gospel is it pains me to say, sheepish behaviour.

Flame me all you want, but I see no joy in celebrating a courtroom defeat that could have far reaching implications for every other design based lawsuit that Apple bring within the EU. EU courts are obliged to consider other similar cases within EU member states as part of their process. So this coupled with the HTC patent dismissals is a big blow for Apple in Europe.

So I fail to see where the victory is for Apple here. Anybody considering non Apple products has already gone beyond the stage of product hype and are buying based upon most likely, hardware specifications or their own functional requirements. So a judge expressing a personal opinion has non effect on the sales figures of the Samsung (Android/Windows 8) devices, but the availability of products in competition to the iPad will have an effect on Apple's sales by virtue of the fact that they exist and offer the consumer an alternative.

KnightWRX
Jul 10, 2012, 04:11 AM
So, they have 21 days to appeal the ruling that their tablets are cooler?? :)

"Your Honor, we submit that the Galaxy Tab is every bit as cool as the iPad, and these are the reasons why."


The thing is, If Apple appeals on those grounds, it still doesn't change the judge's decision, since he didn't say the Galaxy Tab was not infringing based on "coolness".

Did you guys read the decision ? It's based on 2 points :

- The backs and sides of the devices are quite different and sets them apart.
- The front of the devices look a lot like each other, but there is so much prior art and registered designs that also do and pre-date Apple's 2004 registration, that it is moot.

It's on the prior art and other designs that Apple must appeal, not "Galaxy Tab is as cool!".

:rolleyes:

Read the article people, not the inflammatory title.

----------

This is a little ironic don't you think? Page after page of people delighting in a judge ruling against Apple, because he used the term "not as cool" in his subjective summing up of the case.


I also see a bunch of people that are ******** by it, calling the judge some kind of hipster. ;)

Can't we discuss the real decision which has an impact as a precedent against Apple's EU design registration 607 instead ?

Apple now has 2 losts with that registration vs 1 win in the EU. It's not looking good.

kylera
Jul 10, 2012, 04:30 AM
Must be the best way to lose.

Or the worst way to win.

Lennholm
Jul 10, 2012, 05:43 AM
In related news: Judges teenage son cringes at fathers use of dated slang.

"Cool" is outdated? Well, so what? Oh, that's right, being fasionable is very important to Apple fanboys isn't it?

While it's "cool" and all that he said this, Apple didn't file a lawsuit for affirmation... They already knew their product was cooler, their bank account told them that ;)

What's your point? You make it sound like the judge said what he said because he wanted to please Apple.

Wow, burned.
Not sure if the judge should've said that since it's just opinion.

You should realize that the judge didn't express his personal opinion, what he said reflected the general consumers opinion on the iPad and he used it to explain why consumers wont be confused by the two different products.

The argument they are likely to use is that the judge pulled apart the various design elements to seek prior art on each element rather than the totality or how Apple applied the elements. Say like the 'frame' around the screen. Yes basically every tablet style device has that frame but before Apple was it flat and under the glass or some other style.

So in other words they would revert to the same old "look and feel" argument that has already been dismissed so many times.

It looks like a blatant copy to me.... whatever judge!

Lately judges seem to rule on opinion rather then logic or law. :rolleyes:

So,
you don't agree with a judges decision == activist judge
and
logic / law == your personal opinion

Gotcha

I find it odd that whenever some judge rules in favor of Apple people here call the judge wrong but when a judge rules in favor of samsung people here call the judge right.


just my view.

:rolleyes:

My experience with these forums are pretty much the exact opposite. Or rather, it's often not as polite as "right" or "wrong", whenever a judge is ruling against Apple he/she is being called "moron", "idiot", "clown" or some other derogatory remark.

Check out this link to see how far the Samsung copying has gone
http://www.tuaw.com/2011/09/28/no-comment-proof-that-samsung-shamelessly-copies-apple/

Old, discussed, explained, dismissed.

Prior art my ____. The only thing they need to be shown is Samsung's products before iPad/iPhone and Samsung's products after iPad/iPhone. And not a picture of a screen with icons on it - the function of the devices. It's easy to think, "Well, all tablets should be like an iPad, it's obvious, just look at how it works…" And that's the trap. They didn't before and now they do. Theft, outright theft.

I'm afraid, Apple is going about this badly. What's at issue here is :-

customer walks into electronics shop
asks to buy an iPad/iPhone
customer is shown Samsung rip off and told "it's as good as an iPad"
not told - sales-stooge gets better kick-back from Samsung
walks away with half-arsed tablet and thinks iPads are stupid and dumb too
Apple's business is harmed


I used a Galaxy S III the other day, talk about looking like, but not acting like. And people are being sold these all over the world as - "as good as". And Apple's in court trying to argue physical similarities… wrong move.

If Apple wanted to battle in court over software rather than physical similarities they wouldn't battle with Samsung, they would go against Google since Google makes the sw, but it seems like Apple don't have the guts.

MH01
Jul 10, 2012, 05:49 AM
Glad to see there are judges out there that apply common sense. The judge nailed it, people are not going to be confusing the Samsung offering with the Apple offering.

The Publis are not morons, just lawyers it seems!

Gasu E.
Jul 10, 2012, 07:40 AM
Best
Headline
Ever.

BigDaddy3000
Jul 10, 2012, 10:25 AM
As I type this message from my 64GB 3rd gen Verizon iPad, I can honestly tell you that iOS is the absolute WORST operating system I've ever seen! EVER! It's so limited that if any of you ever really used any version of Android, you'd be shocked! That fact that it doesn't have flash renders this thing absolutely useless, and please don't mention those pathetic flash browsers on sell in the app store! Also don't mention jail braking the device cause if you have to hack the device just to get it to do basic stuff, by default that implies that the OS is useless! I really wish you iOS freaks would wake up!:mad:

trouble747
Jul 10, 2012, 10:40 AM
Uh, isn't Adobe ending all support for mobile flash, including on Android devices?

Lennholm
Jul 10, 2012, 11:07 AM
As I type this message from my 64GB 3rd gen Verizon iPad, I can honestly tell you that iOS is the absolute WORST operating system I've ever seen! EVER! It's so limited that if any of you ever really used any version of Android, you'd be shocked! That fact that it doesn't have flash renders this thing absolutely useless, and please don't mention those pathetic flash browsers on sell in the app store! Also don't mention jail braking the device cause if you have to hack the device just to get it to do basic stuff, by default that implies that the OS is useless! I really wish you iOS freaks would wake up!:mad:

Don't worry, I won't mention neither the Flash browsers nor jailbreaking. I will only say that the absolutely useless thing is Flash itself, so its absence from the iPad doesn't in any way make the iPad less useful.
1 - 0 is still 1

blackhand1001
Jul 10, 2012, 11:36 AM
That photo collection has been debunked many times. Especially the microphone part.

Read this post (http://forums.macrumors.com/showpost.php?p=14084068&postcount=88).

Also the galaxy s was annouced before the iphone 4. It was announced march 2010.

njean777
Jul 10, 2012, 11:50 AM
As I type this message from my 64GB 3rd gen Verizon iPad, I can honestly tell you that iOS is the absolute WORST operating system I've ever seen! EVER! It's so limited that if any of you ever really used any version of Android, you'd be shocked! That fact that it doesn't have flash renders this thing absolutely useless, and please don't mention those pathetic flash browsers on sell in the app store! Also don't mention jail braking the device cause if you have to hack the device just to get it to do basic stuff, by default that implies that the OS is useless! I really wish you iOS freaks would wake up!:mad:

Used all versions of android even jelly bean, and its still not as good as iOS. Flash is crap and always will be crap until somebody makes a better and more efficient player. So it missing from the iPad is no concern of mine as people usually make apps or make their website HTML 5 for the iPad/iphone. If you wanted a worse experience and wanted android you should have bought the samsung tablet or Transformer. I will say though the Nexus 7 looks to be the only good tablet aside from the Surface that is out right now other then of course the iPad.

TsunamiTheClown
Jul 10, 2012, 01:16 PM
...That fact that it doesn't have flash renders this thing absolutely useless...:mad:

^ My favorite part.

Are you serious that flash is that important to you??? really?

iTard
Jul 10, 2012, 01:30 PM
Don't worry, I won't mention neither the Flash browsers nor jailbreaking. I will only say that the absolutely useless thing is Flash itself, so its absence from the iPad doesn't in any way make the iPad less useful.
1 - 0 is still 1
Flash is awesome. It lets you watch tons of videos in game related sites and lets you play flesh content games.

Missing flash? You are missing about 90% of browsing experience.

Why purposely go for inferior experience? Maybe because apple fanboys love mediocre products with less functionality.

:cool::cool:

trouble747
Jul 10, 2012, 01:41 PM
Good lord, all the shrieking about "apple fanboys"!

I wouldn't count myself as a "fanboy" because I don't care whether you use an Apple product or a Samsung product or whatever, I'm sure they all have positive and negative qualities. But I mean, this would be the place for such "fanboys," right? It's more difficult to figure out why so angry apple detractors hang out on these boards...

metal.gunjee
Jul 11, 2012, 12:45 PM
"However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004.

This is innovation? Please...

Shaun, UK
Jul 12, 2012, 08:31 PM
I'm afraid, Apple is going about this badly. What's at issue here is :-

customer walks into electronics shop
asks to buy an iPad/iPhone
customer is shown Samsung rip off and told "it's as good as an iPad"
not told - sales-stooge gets better kick-back from Samsung
walks away with half-arsed tablet and thinks iPads are stupid and dumb too
Apple's business is harmed




None of which is illegal to my knowledge.

This is why Apple spends so much money on TV advertising for the iPhone/iPad so customers are better informed before they walk into the store.

lilo777
Jul 12, 2012, 08:59 PM
Flash is awesome. It lets you watch tons of videos in game related sites and lets you play flesh content games.

Missing flash? You are missing about 90% of browsing experience.

Why purposely go for inferior experience? Maybe because apple fanboys love mediocre products with less functionality.

:cool::cool:

You don't get it. Real Apple fans only visit apple.com, MR and AppleInsider and those use Flash only for ads. :D