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Apple's Evidence in Samsung Tablet Case Reportedly Flawed

wovel said:
Ok. Well I disagree with him. I think Samsung copied Apple because they are simply at a loss for what to do about the iPad. I also think Samsung copies Apple because it is fairly easy for them to anticipate the design of Apple products. I doubt Samsung would copy Apple any less if they were based in Europe or North America.
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Exactly. You can debate with your own sensible opinions and facts :). He cannot, so please NO Americans take my comment as insulting, I just made it to highlight how stupid an argument LTD was making. IMO he's a complete nationalist.

As for being at a loss, partly true IMO, Apple have kind off created the market, everyone else is playing catch up. But I do also fully believe this is about more then Samsung, it is about Apple doing as much as possible to prevent Android getting more market share because the tablet will be very popular and will sell well.

We shall see though and Apple must be careful as the European courts are not afraid of taking apart massive corporations, i.e. Microsoft.
 
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Having worked in litigation graphics for a few years with TrialGraphix, I can assure you that this practice is entirely commonplace. This will have little influence on the decision.
 
ssk2 said:
EDIT: the fact that a junior lawyer did the filing (they won't let interns do the filing, trust me...) at Freshfields is of little consequence, they are still accountable for the firm and for Apple.
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Agreed about both the accountability and that they would not let an intern do the filing (likely just amass pertinent documents and perhaps some semi-supervised, preliminary screening for relevant evidence).
 
LOL at the people believing the image was an honest mistake.

The dimensions of the Samsung tablet were accidentally scaled to match the iPad's. Oh, and the brightness was also accidentally turned down. Ah, and the Samsung logo's missing. Don't know how that happened, but I'm sure it wasn't done on purpose.

Yeah... Right.

How naive can one be?
 
apolloa said:
But I do also fully believe this is about more then Samsung, it was about Apple doing as much as possible to prevent Android getting more market share because the Tab will sell.
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Yeah, it'll sell . . . while infringing on trade dress and lord knows how much other of Apple's IP.

That's kinda the point here. To keep it from spreading at the expense of the integrity of Apple's IP.
 
Erwin-Br said:
LOL at the people believing the image was an honest mistake.

The dimensions of the Samsung tablet were accidentally scaled to match the iPad's. Oh, and the brightness was also accidentally turned down. Ah, and the Samsung logo's missing. Don't know how that happened, but I'm sure it wasn't done on purpose.

Yeah... Right.

How naive can one be?
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Haha, of course. Don't forget this forum is full of people who would literally burn their countries flag before they desecrated an Apple logo.
 
MacNewsFix said:
For those unfamiliar with Florian Müller, he is a noted intellectual property consultant and open source advocate.
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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.
 
GermanyChris said:
I saw the same thing in Media Markt Sindelfingen so being the smart ass I am I asked how they are allowed to sell them, and her said that they can't, they have them and are taking rain checks but can't actually let someone leave the store with them..
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Yeah - smart ass you are. Congrats.

You basically just proved that all the "it doesn't sell anyway as it's no competition for the iPad"-claims are bogus. Why? Because all she told you is that Media Markt Sindelfingen is SOLD OUT of their initial batch.

All Galaxy Tabs that are in the retail chain (i.e. Samsung sold them to the retailers before this injunction) are not affected by this injunction. That's why you still can get them on Amazon (Amazon.de itself gives an estimated shipping time of 2-4 weeks, but there are severeal marketplace vendors offering them - to be specific 9 retailers have them in stock).

Media Markt just pulls out their foot of the water now as they are cleaning out the initial batch of Galaxy Tabs. Gives them mindspace and the headstart to promote other tablets that are not affected by this injunction (think Asus EeePad, Lg Optimus Pad, Acer Iconia).
 
Intellectual property is something too much intangible to condemn any company or country for seizing itself. As the old world can't protect their privileged positions anymore, they're trying to create abstract barriers difficulting the newer players' businesses. It won't be a surprise if the next big militar war is gonna be pushed by the flag of the intellectual property. Force is always a good argument when biased words fail.

Patents, trade dress (a new term for me thanks to MR posters :p) is all about the new world order when non-intellectual work is been increasingly outsourced for emerging nations. Therefore, developed world is trying to defend its "super valued" intellectual work. It looks like ancient Athene when philosophers used to talk about democracy when most infrastructural work was made by slaves.
 
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swagi said:
Yeah - smart ass you are. Congrats.

You basically just proved that all the "it doesn't sell anyway as it's no competition for the iPad"-claims are bogus. Why? Because all she told you is that Media Markt Sindelfingen is SOLD OUT of their initial batch.

All Galaxy Tabs that are in the retail chain (i.e. Samsung sold them to the retailers before this injunction) are not affected by this injunction. That's why you still can get them on Amazon (Amazon.de itself gives an estimated shipping time of 2-4 weeks, but there are severeal marketplace vendors offering them - to be specific 9 retailers have them in stock).

Media Markt just pulls out their foot of the water now as they are cleaning out the initial batch of Galaxy Tabs. Gives them mindspace and the headstart to promote other tablets that are not affected by this injunction (think Asus EeePad, Lg Optimus Pad, Acer Iconia).
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Hmm, partly true and not I think as I have read in the UK anyway that they have had to be removed from shelfs. It's not available on UK Amazon either. But in the UK we don't alway's follow Europe so maybe it's different in this case too?

But I do know from the Sony and LG fight that LG had to pay Sony for it's holding fees and other fees too whilst PS3's sat idle and it lost it's case. So if Apple looses I imagine it would have to pay Samsung a rather large sum too?
 
MacRumors said:
Specifically, the image of the Galaxy Tab 10.1 shows an aspect ratio of approximately 1.36 compared to 1.30 for the iPad 2, whereas the Galaxy Tab 10.1 actually carries an aspect ratio of 1.46.
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ugh. what a non-issue! LOL

These minor measurement discrepancies are irrelevant. haha
 
swagi said:
Yeah - smart ass you are. Congrats.

You basically just proved that all the "it doesn't sell anyway as it's no competition for the iPad"-claims are bogus. Why? Because all she told you is that Media Markt Sindelfingen is SOLD OUT of their initial batch.

All Galaxy Tabs that are in the retail chain (i.e. Samsung sold them to the retailers before this injunction) are not affected by this injunction. That's why you still can get them on Amazon (Amazon.de itself gives an estimated shipping time of 2-4 weeks, but there are severeal marketplace vendors offering them - to be specific 9 retailers have them in stock).

Media Markt just pulls out their foot of the water now as they are cleaning out the initial batch of Galaxy Tabs. Gives them mindspace and the headstart to promote other tablets that are not affected by this injunction (think Asus EeePad, Lg Optimus Pad, Acer Iconia).
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reading much into this are we...

I don't much care if they are sold out nor do I much care why they do and don't sell a particular item but I do find it funny that they cannot pull an add with 2 to 3 weeks lead time I know this is German time i.e. ish time but seriously...keep in mind that 2-4 weeks shipping on amazon.de would be probably when the case is over..

So in reality your argument is what??

retailers have them in stock and will sell them when they can? well Duhhh thanks I couldn't have figured that out on my own..so thanks..
 
praetorian909 said:
I quickly skimmed this, but I have to say if they're throwing out the case because of this, I'd have to say that is preposterous!

So if I go out and make an iPhone4 clone and just change the shape a bit and make it fat & short or square, then I'm ok legally??!

P.S. I'm going to make a Mac mini clone and shape it like a cube! (Well maybe the patent on the G4 Cube is still active though...)
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dont think it would sell very well with those neg votes :)
 
apolloa said:
Hmm, right, Apple NEVER stole from Xerox then, right?......
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No. They didn't. This is a complete and utter myth used by haters to try and get some kind of one up. Apple paid Xerox by investing heavily in their stock, and hired pretty much the entire PARC team to go and work for them. Apple didn't "steal" anything from Xerox. What they did do was take the concept, COMPENSATE THE COMPANY WHO INITIALLY CREATED THE STUFF, re-imagined and improved upon it.

The mouse cost thousands of dollars, Apple engineered it down to around $15. The GUI was massively flawed in many places from a usability standpoint, and so they redesigned it to be easier to use and more easy on the eyes by adding rounded corners to everything.

Please. Learn something about the history if you're going to use it to support some stupid fallacious argument. All it does is make you look ignorant and undermines your argument.
 
It's just a small adjustment.

5500668674_37806afba4.jpg
 
Plausible conclusion

Forgive me if I am wrong, but didn't Apple win a suit giving it access to Samsung private data. Perhaps some of these images relate to research patents and Apple is arguing that the present products are based on stolen or patented research. This would make some of Samsung's current products a technical equivalent of poor plagiarism. I'm not saying Apple is correct here, but perhaps this is a more likely explanation than a blatant lie on their part.
 
*LTD* said:
Descent . . . as in, descendants. As in, ancestry.

I'm not sure what shoddy has to do with any of this.
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Applying LTD logic - All of Canada must be anti-Asian. You know - since one of its residents has an issue with the country - they all do.
 
Jerome Morrow said:
I doubt Apple is that stupid to try and sell stuff like this.
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The lawyers knew that the judges would grant Apple a temporary injunction because Apple is able to prove they can pay for any loses Samsung may suffer. With the help of this injunction Apple will make out like bandits by controlling the market for a few weeks. When the Judge decides that Apple claims are frivolous then Samsung will have to prove how much they lost, Apple will come up with their own figures and the battle continues. It will take years and finally they will settle, Apple will say they are sorry but at the end of the day more Europeans will own an iPad 2 instead of a Samsung and when the time comes to buy a new tablet they will probably choose and iPad because that is what they bought before, so Apple wins.
 
samcraig said:
Applying LTD logic - All of Canada must be anti-Asian. You know - since one of its residents has an issue with the country - they all do.
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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.
 
wovel said:
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.
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Nonsense.

This distortion of this single piece of evidence negates everything else Apple has supplied, even if they are accurate.

Like I tell my atheist friends about their evolution evangelism, the second law of thermodynamics is enough to disprove their silly theory, no matter what other evidence they provide.

Apple is history. It's time to tab.
 
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