Apple's Evidence in Samsung Tablet Case Reportedly Flawed

[KnightWRX]

That's not true, although Samsung did claim this. They lied. Samsung did indeed reply to the request for an injunction, their evidence was presented to the court, and the fact they are lying about it and trying to win a PR fight here only illustrates that they have a weak legal argument and so have to resort to other means:

http://www.appleinsider.com/article...sented_its_surprise_in_eu_ipad_clone_ban.html

Appleinsider is your source ? No, Samsung did not get a chance to reply at all. They got to file a preliminary letter without knowing at all what Apple's claims were (From the PCWorld article in the very summary of this post) :

In Düsseldorf, Apple filed the case "ex parte": the judge decided on the infringement claims without a hearing or an opposition brief by the defendant, Samsung. The Korean company only filed a preemptive "protective letter"' without having seen the complaint. This also means that Apple's complaint was the principal evidence on which the judge decided to issue a temporary injunction.

It's AppleInsider that is misrepresenting what actually went down here, don't make the mistake of buying into their biased reporting (really, they are a bad source of objective information).

 

[OllyW]

You know ... you just described my TV.

Is it a Samsung?

 

[KnightWRX]

I wasn't aware that Samsung didn't get to say anything yet, but as for the haters they are all over these forums. I could rattle off names but last time I did that I got a warning. Seriously threads like these attract the same trollish forum members.

Maybe you got a warning because you're basically insulting posters ? Not naming names is more insulting in my view, you guys should just drop the whole "haters stalk us!" paranoia. There are no haters. Not agreeing with Apple does not mean people hate Apple or their products.

I don't like everything about Apple, but I don't hate them either. I will certainly not side with them blindly on every issue because I happen to own a laptop and a phone made by them.

 

[BaldiMac]

You know ... you just described my TV.

I agree with you (although I doubt your TV meets all the claims). I am just pointing out, again, that the aspect ratio is irrelevant to the claim. So the "outrage" over the "misleading" photos seems overblown.

 

[KnightWRX]

You know ... you just described my TV.

I posted the registration for the Community Design which is the whole basis for the EU lawsuit :

http://www.scribd.com/doc/61944044/Community-Design-000181607-0001

Yes, it is that ridiculous. They basically registered a design that is that generic and obvious and of course, a complete rip-off of the 2006 Samsung digital photo frame :

 

[r.j.s]

I posted the registration for the Community Design which is the whole basis for the EU lawsuit :

http://www.scribd.com/doc/61944044/Community-Design-000181607-0001

Yes, it is that ridiculous. They basically registered a design that is that generic and obvious and of course, a complete rip-off of the 2006 Samsung digital photo frame :

Maybe Samsung should try to invalidate their registration based on that.

 

[LeakedDave]

Eh wtf, the Galaxy Tab 10.1 in this picture has the volume rocker on the wrong side.

 

[wbeasley]

There's NO brand ID...

Is it a Samsung?

The "original" image (that appears to be doctored) is weird. There is no brand. And the whole thing just doesn't look even like a stretched Samsung.

Maybe the original article is a beat up? Anyone got their hands on the legal document rather than the one image?

 

[chrono1081]

Maybe you got a warning because you're basically insulting posters ? Not naming names is more insulting in my view, you guys should just drop the whole "haters stalk us!" paranoia. There are no haters. Not agreeing with Apple does not mean people hate Apple or their products.

I don't like everything about Apple, but I don't hate them either. I will certainly not side with them blindly on every issue because I happen to own a laptop and a phone made by them.

Its definitely more than just people who don't agree with Apple's views.

 

[hayesk]

For all those who think this wasn't a mistake, tell me why did they do such a bad job? Why didn't they adjust the other photos? If Apple wanted to do this, they wouldn't use an image where it's so obvious that it was stretched?

 

[DeathChill]

I posted the registration for the Community Design which is the whole basis for the EU lawsuit :

http://www.scribd.com/doc/61944044/Community-Design-000181607-0001

Yes, it is that ridiculous. They basically registered a design that is that generic and obvious and of course, a complete rip-off of the 2006 Samsung digital photo frame :

But the registration happened in 2004 (just in case you are unsure, that is two years before that photo frame), so Samsung ripped off Apple before they even released the iPad.

 

[hayesk]

Since this "error" is so easy to notice, are you suggesting that Apple submitted the evidence without anyone reviewing it? Because if they did review it, how come they did not notice such an "obvious mistake"?

Probably because they were focusing on the 28 pages of actual information. There's a difference between an error slipping through a single proofreader and intentionally altering an image thinking that no one will notice, even on intense scrutiny.

And again, why haven't they altered the other images? What about the pages and pages of text information? How about the physical products themselves?

 

[Cozmik]

I will be honest here, I didn't read all 11 pages. But companies suing each other over a products 'appearance' or 'aspect ratio'...really? Last time I checked any plasma or LCD/LED tv you buy is 16x9. I don't see law suits popping up because company A copied company B's 1920x1080 aspect ratio (or 1280x768 for that matter). Lawsuits should NOT be a new revenue stream. Pathetic.

 

[Rodimus Prime]

Its definitely more than just people who don't agree with Apple's views.

why do I have a feeling you would put my name on that list.

Mind you I have only post 3 times counting this one.

Once saying no matter how you cut it Apple screwed up big time by not making sure that was the device being sold.

2nd time pointing out why a prototype is not a good cased on what they were going for and why they might of used Apple ratio at the time which was pointing out in the phase they may of been at it was easier taking parts already in productions and testing them and since iPad screens were being made in volume it was easy to pull from that pile.

3rd one being this one. I do not hate apple but I sure as hell do not worship them and am very critical of them. I take a fairly hard line over on some android forums as well and am somewhat critical there but there you can say bad things about Google and no one goes out and calls you a hater like they will do here if you do not agree with Apple at every step.

 

[MacNewsFix]

Florian Müller is well known alright... as a self-professed patent "expert" who goes for headlines. Almost every time Apple has gotten some kind of touch related patent, no matter how simple, he has wrongly declared that it's so broad that it would prevent anyone else from using multitouch. Bloggers then repeat his nonsense until more responsible people correct it.

As for open source advocates, they think this of him:

"Florian Müller, a campaigner for hire (with history), uses Microsoft products extensively and also promotes them. He refuses to deny being paid by Microsoft. He pretends to be against software patents while actually lobbying in their favour and defending Microsoft (by mass-mailing journalists to 'inject' spin). "

Most recently, he made bogus headlines by claiming that Google had illegally copied Oracle code (it turned out to be test code that is freely given away to everyone), and by claiming that Google violated the Linux GPL in their headers (which Linux creator Linus Torvalds himself said was not true).

Basically he floats from creating one usually wrong headline to the next. He does get a lot of readers that way.

Thanks for the info, kdarling. That's the first I've read of his motives being in question. I probably read articles from reportedly reputable sources quoting FOSS Patents at least once or twice a month.

It's amazing how many people out there write under the guise of being objective. *COUGH* Rob Enderle *COUGH*

 

[chrono1081]

why do I have a feeling you would put my name on that list.

Mind you I have only post 3 times counting this one.

Once saying no matter how you cut it Apple screwed up big time by not making sure that was the device being sold.

2nd time pointing out why a prototype is not a good cased on what they were going for and why they might of used Apple ratio at the time which was pointing out in the phase they may of been at it was easier taking parts already in productions and testing them and since iPad screens were being made in volume it was easy to pull from that pile.

3rd one being this one. I do not hate apple but I sure as hell do not worship them and am very critical of them. I take a fairly hard line over on some android forums as well and am somewhat critical there but there you can say bad things about Google and no one goes out and calls you a hater like they will do here if you do not agree with Apple at every step.

Guilty conscience? I know we disagree a lot but not always.

I agree that someone somewhere screwed up about the device not being correct. Maybe there is something about it we don't know, but I do not think it was intentional. I can't see anyone being stupid enough to try and pull something like that (the photoshopped image) off on purpose. I believe its either sloppy work by a lawyer researching the case or it regards something we don't know about.

I also don't agree that Apple should be suing Samsung over the tab. The phone I can understand, the tab, not so much. Its not similar enough.

As for the prototype deal, I'm not sure why it would be important unless Apple was trying to show that Samsung was copying their designs during prototype only to change something and release a final product. No one knows yet. If thats the case and samsung was taking their prototypes straight from the things they manufacture for Apple I can see Apple getting upset, but if its changed before the final release I don't see an issue.

As for the haters I talk about, its the people who do nothing but come here to try and start trouble. There are many of them.

 

[dr Dunkel]

If you cheat to win, you still win

 

[Oletros]

He doubts that Apple's lawyers attempted to mislead the court. Müller argues the picture in the German complaint could be of a pre-release prototype, which showed up during discovery procedures in Apple's case against Samsung in the U.S. last April.[/I]

The good old Florian showing another time that he doesn't knows nothing.

Galaxy Tab always had the same aspect ratio and it was presented in February

 

[krzyglue]

LTD isn't Canadian, he just pretends to be. No Canadian is like that. We're all cold and objective, it comes with the climate.

Oh common, maybe you easterners are, but here I think we're quite friendly

 

[quizibo]

If anyone is more likely to have doctored a photo, I vote for the asian knockoff company... Just saying... I really REALLY doubt Apple would try to get something like this by a judge. It just doesn't sound like them. It does, however, sound like Samsung.

implying that Apples factories arent based in Chinese sweatshops where people just cant wait to kill themselves.

http://news.change.org/stories/apple-admits-child-labor-sweatshops-used-to-build-iphones

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Unfortunately, just like all the other sites and you, the never bothered to look at the filing for themselves. The filing that shows these two as a series of 6 pictures . The other 4 clearly show the aspect ratios. There are about 5 more too.

Anyone who thinks these are the only pictures, or that it somehow implies anything about the future of this case needs to try and think for themselves occasionally.

Arn,

Would it have been hard for you to include some of the othe other pictures from the filing? The complaint is on scribd (http://www.scribd.com/doc/61993811/10-08-04-Apple-Motion-for-EU-Wide-Prel-Inj-Galaxy-Tab-10-1). The euphoria many seem to be experiencing over Apple being caught in a lie is clearly premature.



Since they include several photos that show the proper aspect ratio, I don't think misaligning the photos demonstrating the icon layout will cause them much trouble. I also doubt it had very much impact on the judges decision. I suppose it is possible he only glanced at the pictures on page 28, then ignored all the other pictures and the text. I doubt it though.

no where in that form do they include measurements and aspect ratios. Just obscured, generalized pictures of each device.

----------

Yes, a rip off. Scroll to 2.36:

http://youtu.be/7_QyktOw0JM

(1995).

Steve Jobs should tell his Chinese Sweatshops to start making the iTimemachine to go back to 1995 and sue that tablet company.

 

[stevensr123]

Maybe you should read the specific claims before talking about how general they are. Personally, I think they are a bit too obvious for the most part. But that doesn't change the fact that they don't mention aspect ratio. Which would make the outrage in this thread a bit uninformed.

So what would have apple's competition do? in terms of design?

triangular screen?

These claims by apple are comedy, there is only a few ways to design a tablet.

A bezel is needed, the same kind of shape is needed, the software is completly different anyway, at least on my old galaxy and my galaxy s2.

anyone, and i mean anyone who gets the ipad and the galaxy mixed up, is a ***** plank.

 

[SandynJosh]

implying that Apples factories arent based in Chinese sweatshops where people just cant wait to kill themselves.

http://news.change.org/stories/apple-admits-child-labor-sweatshops-used-to-build-iphones

When all the hubbub died down and the facts came out the stories were wrong. First off, about the factories being sweatshops. They are modern climate controlled factories. Furthermore, the suicide rate of the employees are less than those of American workers. Apple does not allow their suppliers to use or employ child laborers and does on-site inspect their vendors.

You usually stick to real facts, such statements as above are not up to your usual quality.

 

[Xenc]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; en-gb) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

They probably messed around with the font sizes again too. Tsk tsk, bad Apple!

 

[Dbrown]

And again, why haven't they altered the other images? What about the pages and pages of text information? How about the physical products themselves?

True, the images aren't altered, but they are cherry picked. Apple could have easily supplied images of both devices side by side in the same picture, with the same perspective. But instead we have images that are separately taken each with different perspective.

Then you have the images with zero perspective (which is what you use to compare stuff) and oh look the image of the GT somehow got photoshopped... uh huh.

 

[quizibo]

When all the hubbub died down and the facts came out the stories were wrong. First off, about the factories being sweatshops. They are modern climate controlled factories. Furthermore, the suicide rate of the employees are less than those of American workers. Apple does not allow their suppliers to use or employ child laborers and does on-site inspect their vendors.

You usually stick to real facts, such statements as above are not up to your usual quality.

http://www.guardian.co.uk/technology/2011/apr/30/apple-chinese-factory-workers-suicides-humiliation

Thats cute that you believe everything your Overlord Steve Jobs tells you. It makes it easier for him to sell you the same product every 6 months.