Apple Wins Preliminary Injunction Against Samsung Galaxy Tab Sales in U.S.

[KnightWRX]

Lets translate this ruling.

It is on the first Galaxy tab 10.1 from last year.

It's not, it's on the original 7" Gingerbread Galaxy tab according to Apple's own complaint.

Next, let's analyse this ruling further :

This is about 1 of 4 claims that Judge Koh denied (yes, all 4 claims were denied). Apple appealed and won 1 single claim to be re-examined, on the basis that the prior art (the Knight Rider 1994 concept) didn't have exactly the same dimensions on every side. Judge Koh on the basis of the Appeal's court decision, had no choice but to grant the injunction, even though in her earlier ruling she was clear that she thinks the patent could very well be ruled invalid during trial.

In other words, Apple if they decide to put down the cash for the bond (they aren't obligated to have the injunction enforced btw), will probably lose that 2.6 million at trial and have to give it to Samsung.

 

[Small White Car]

Now, since you didn't define "particular issue", I thought it to mean iPad patents. Sorry if I was too broad in my interpretation of your "particular".

Sorry, I should have been more clear, I was confining myself to this particular MR article, but that's something that probably isn't assumed so I should have spelled it out.

 

[sirozha]

You really want to go there? You want someone to name one of the plethora of things that Apple "has stolen"? I could talk about "access to camera from the unlock screen", "tab sync in Safari", the whole iCloud business with syncing contacts and content and on-the-fly system updates, "the VIP inbox concept", "Do Not Disturb mode", the upcoming "Map app with vector graphics and rotatable labels"... But what's the point? Innovation should come from a lot of sources, it shouldn't be artificially limited.

Exactly! The key word here is innovation. What did Samsung innovate? The OS is given to them by Google for free, and the design, the UI, the accessories, and the packaging they rip off Apple.

 

[charlituna]

I'll bet there are more Windows users than Office users. Don't tell me your worried too?

Given that Office exists for the Mac and did for years before iWork was released, you'd likely lose that bet

 

[Twixt]

You do not attack someone you do not fear...
It is obvious AAPL feels the wind vane could turn soon thus trying any possible mean to postpone that very moment!
These patents fights make me upset, for us consumer copy between corporates is good just because it drives more need of innovation whereas monopoly like AAPL's one brings this situation where we are milked year after year with low level of innovative features.
AAPL is not so cool any more, soon FB will follow same path (not that I am a user of the latter...)

 

[testerdennis]

Dude, Android had that feature LONG before Apple added it in IOS 5.

If you read back I believe that quote was sarcasm.

 

[charlituna]

Yes, but no one is confusing an iPad with a Samsung.

Samsung did.

Also yes some folks do confuse them. I've seen it. Was at a best buy and heard someone make the comment 'these iPads are cheaper' while standing at a tablet of Android tablets. They didn't understand that iPad is not a generic term. The sales guy tried to explain it but it wasn't sinking it because they 'look the same'. Sure this was a 60 something year old who might not be real tech savvy but that is kind of Apples point.

 

[benpatient]

There are. Remember tablets before the iPad? Now think of tablets after the iPad.

Looks pretty similar to me.

 

[charlituna]

. If the galaxy is copying the ipad then surely the dozens of other android based tablets are too so why dont they go sue them? .

Classic legal tactic. You sue one group, win and set a precedent. That precedent makes it easier to wipe up the rest because they tend to assume they will lose based on said precedent, so they are quicker to settle etc.

Apple went after Samsung as the most profitable of offenders. Another classic tactic

 

[benpatient]

Samsung did.

Also yes some folks do confuse them. I've seen it. Was at a best buy and heard someone make the comment 'these iPads are cheaper' while standing at a tablet of Android tablets. They didn't understand that iPad is not a generic term. The sales guy tried to explain it but it wasn't sinking it because they 'look the same'. Sure this was a 60 something year old who might not be real tech savvy but that is kind of Apples point.

Don't be intentionally stupid. Old people call stuff the word they know. They call every mp3 player an ipod, no matter what shape it is. All of them. Apple advertised the crap out of the iPad, and old people watch TV. They see a computer that is flat and you touch the screen, and the only one of those they have ever seen is on 10,000 repetitions of the iPad commercial during prime time and late night network TV over the last 2.5 years.

 

[Vege-Taco]

I think that was sarcasm.

If you read back I believe that quote was sarcasm.

Oops! I usually catch this sort of sarcasm... guess it's too early still.

 

[KnightWRX]

Samsung did.

If you read the real story, not the biased reporting, you'd know that 1 lawyer from Samsung, from about 15 feet away with just a glimpse hesitated. The other lawyer then promptly took up the challenged and pointed to the correct tablet.

Following that display of apparent "blatant copying", Judge Koh denied all 4 Apple claims for designs. That should tell you how much this little factoid was blown out of proportions.

But of course, please, go on with mindless bashing, don't let facts get in the way of a good old witchhunt.

 

[pc-proud]

When is Apple going to sue Android manufacturers for copying iOS's pulldown notification center?

I'm assuming you are being sarcastic on this one? Everyone knows and should know that was theft from Android by apple on that one. (EDIT - Reading through, some are saying it's a license, is there proof of that?)

Even if a tablet could look similar or have a similar shape the box or tablet still says Samsung or Apple. How can you not know which tablet your using? All the apple fans or users will not "accidentally" buy a samsung tablet...

 

[melendezest]

Examples already exist

It's sad to see people down-voting those who disagree with this decision. Removing competition harms consumers at the end of the day.

Exactly how different can a tablet be made to look?

The Microsoft Surface looks NOTHING like the iPad in both physical look and OS interface elements. Android is a blatant iOS clone, although as time goes own it is trying to spin off into it's own thing. Samsung is doing the same thing; inspiration is one thing, but damn, even the packaging is the same! I wish they would apply some of the design sensibility they put into their ultrabooks (some are quite different, unique, and stunning) to their tablets.

There is no denying that until Apple came out with its iPhone design, NO ONE was doing it like them. Not even close.

Although I'm an Apple fan, it is not simply because I blindly follow it like a sports team. I like the way that they choose to implement their ideas. All computing devices essentially allow you to do the same thing nowadays. The difference (and therefore IP) is (and always has been) in the how it is done. I simply prefer how Apple does things, and have nothing against those who prefer the way Google, Ubuntu, Red Hat, or Microsoft does things.

I believe Microsoft is to be commended here; WinPhone/8 is flat out different, interesting, and unique (their Lumia phone is different in every way from any iOs product, although it reminds me of the iPod mini). It shows what a company that actually wants to compete (and not just copy) can achieve once they set their minds out to do it. Google was moving in that direction with Honeycomb, etc, but only after blatantly copying, then "improving" on the original iOS design. There's an awful lot of devices that look and feel like an iOS device. WinPhone 7 does neither.

I would like what Apple wants; for other companies to show us something truly different! That is real choice.

 

[Bezetos]

Whoa, look what they did with the Mini.

I thought I couldn't have any less respect for them untill I saw that. Amazing

You people are so easy to manipulate....

This picture:

Compares the Mac Mini with the Chromebox. Correct. However what's very important to point out, we are comparing the bottom parts of both devices:

This is a pretty standard design if you ask me, we shouldn't be arguing that Samsung "blatantly stole the design" only because it used a circle for this part of the device (my 10 year old DVD player also has a circle and a logo like this).



Now. Let's have a look at the devices from the top, so how you would normally view them:

I think this is another case of "Apple invented a rectangle with rounded corners".

I think Dell is closer to that design because the DVD drive at the front:

But Dell could have based it on a design of Upont TX3 from 2004, a year before Mac Mini was released:

Unfortunately I can't find a better image of Upont TX3, but you get the idea.

 

[kaizenmx]

 

[Small White Car]

You people are so easy to manipulate....

Ok, whip up a similar post telling me why that power adapter or phone box is perfectly reasonable.

 

[pc-proud]

When you are Samsung and run out of ideas, you start to copy Apple.
When you start to copy apple, you get sued by Apple.
When you get sued by Apple, your Apple copies get band to enter the country.
When your Apple copies get band to enter the country, you need to vanish,
When you need to vanish, you fake your own death.
When you fake your own death, you dye your eyebrows,
and when you dye your eyebrows, you attend your own funneral as a company named Phil Shifley.
Dont attend your own funneral as a company named Phil Shifley, get rid of Apple copying slaker employees and upgrade to good hardworking emploeyes that can think different.

^ I think you meant banned?
When you learn to spell, you will get your point across.
When you get your point across, people respect the post.
When people respect the post, you then sound intelligent.
When you sound intelligent, there is no need to fake your death.

 

[MonkeySee....]

You people are so easy to manipulate....

This picture:
Image

Compares the Mac Mini with the Chromebox. Correct. However what's very important to point out, we are comparing the bottom parts of both devices:
Image
This is a pretty standard design if you ask me, we shouldn't be arguing that Samsung "blatantly stole the design" only because it used a circle for this part of the device (my 10 year old DVD player also has a circle and a logo like this).



Now. Let's have a look at the devices from the top, so how you would normally view them:
Image
Image

I think this is another case of "Apple invented a rectangle with rounded corners".

I think Dell is closer to that design because the DVD drive at the front:

Image

But Dell could have based it on a design of Upont TX3 from 2004, a year before Mac Mini was released:
Image
Unfortunately I can't find a better image of Upont TX3, but you get the idea.

Ignore the rest of the crap you posted. Explain why is the bottom the same as Apples???

 

[gnasher729]

If Apple starts making TVs obviously intended to look as much like Samsung's as possible from the store packaging to the interface to the design of the set, they'd deserve to get sued too. I'm guessing they won't though.

I have a Samsung TV, and I think it looks quite nice, and it definitely has a distinctive look that is different from other TVs. If you go to a store with ten brands of TVs, you will see that they are all "TV shaped", but the Samsung ones look like Samsung TVs, and the Sony ones look like Sony TVs and so on. So if Jony Ive designs an Apple TV it is quite likely that it will look "TV shaped", but I would bet that it doesn't look like a Samsung TV, or Sony TV, or any other of those TVs.

 

[Oletros]

Android is a blatant iOS clone

Can you point what are those blatant copies?

Please, concrete examples

 

[Bezetos]

Ignore the rest of the crap you posted. Explain why is the bottom the same as Apples???

It's a rectangle, it has rounded corners, it has a disc drive at the front... I guess based on the comments here that's enough to claim that "they stole from Apple"?

 

[hayesk]

Don't be intentionally stupid. Old people call stuff the word they know. They call every mp3 player an ipod, no matter what shape it is. All of them. Apple advertised the crap out of the iPad, and old people watch TV. They see a computer that is flat and you touch the screen, and the only one of those they have ever seen is on 10,000 repetitions of the iPad commercial during prime time and late night network TV over the last 2.5 years.

He's not being stupid, he's 100% bang on. His anecdote was indicative of the typical consumer. Note, that not a single one of us on this forum is a typical consumer. It isn't just old people; people of all ages are calling all tablets "iPads" and when they see two that look alike, they can easily be tricked into buying the wrong one if it's cheaper, comes with a free case that day, etc. This is what the concept of "consumer confusion" is all about. Apple claimed that Samsung designed their tablet to take advantage of this, and the court agreed.

 

[MonkeySee....]

It's a rectangle, it has rounded corners, it has a disc drive at the front... I guess based on the comments here that's enough to claim that "they stole from Apple"?

Haha. Congratulations for ignoring my post.

 

[gnasher729]

OMG it looks soooo much like the iPad. A rectangular shape, rounded corners, enough metallic bezel to provide a comfortable grip, similar width around the display - everything that Apple has invented. And that HP logo where the home button normally sits? Blasphemy. Volume buttons on the side? iPad did that! Conveniently placed headphone socket? A Silver back? Thank god they didn't steal iPad's USB adapter.

You seriously claim this looks like an iPad? Nothing like it.

The 'idea' of a rectangle screen with a black border around it. WOW, that's innovation. With all due respect, the reason apple's iPad is great is not the way it looks, but the way it works. I just don't get how the exterior design of the iPad is so 'amazing'. It's a rectangle. The screen is in front, and there's a black border around it. Am I missing something?

Of course you are missing something. Yes, the iPad sells because of the way it works. However, people know what an iPad looks like, they go to the store and some will end up buying something that looks like an iPad, but isn't an iPad. If the iPad had some particularly ugly design and everybody said "yes, it is ugly, but it's just perfect to use", then Apple still wouldn't want anyone to copy that particularly ugly design - because everybody seeing the design would think "it is an iPad" even when it isn't.

And the "design patent" is for a very particular design, not for parts of the design. Someone else can have a design that has things in common with the iPad design, they can have even many things in common, just not everything.