Galaxy Tab 10.1 Launch in Australia Delayed Again as Apple Objects to Design

[notabadname]

Microsoft was never even remotely as bad as Apple is right now (go ahead fanboys down rate this even though we both know it's true).

Oh my, thanks for the laughs . . .

Microsoft has easily filed as many trademark infringement lawsuits as Apple, or anyone. I guess it just depends on which company you want to follow and watch for, in regards to filings. The one below is just from this week. It just isn't as fun to hangout on a "Microsoft Rumors" site and remain aware of their constant litigation.

The string of Android-related patent lawsuits is heating up with a new complaint brought by Microsoft against Motorola Mobility.

Motorola Mobility is Google’s latest acquisition and maker of some of the most popular and successful Android phones.

Microsoft is alleging the infringement of seven patents and is asking for an injunction on the importation of Droid 2, Droid X, Cliq XT, Devour, Backflip and Charm mobile devices.

Or Maybe when Microsoft sued Barns & Noble over Nook e-readers.

They all do it, including MS.

 

[Jdyount]

Steve Jobs's actual words: "We have always been shameless about stealing great ideas."

Hypocrisy period. These law suits against Samsung, HTC,... just Apple's attempt to hurt competitor sales through litigation. This while Apple has done the same thing to other companies throughout its history. Xerox: Mouse.

 

[BC2009]

I'm pretty sure that Apple's design patents are going to be invalidated -- I just think that Samsung should have sought to do that when Apple first approached them about these issues rather than now. Samsung got many nasty letters from Apple before this whole mess began and the best response would have been to file to invalidate their iPad design patents and community design registrations (in the EU).

The reason I think that Apple's design patents are going to be invalidated is because the JooJoo was shown in the media months before the iPad and it looks almost identical. This story ran on December 7, 2009. Apple filed its iPad design patent in the US on January 6, 2010 (the opening day of CES 2010).

Now while I am not saying that Apple copied the JooJoo or was even inspired by it -- there is no way they could about-face and redesign a mere month before they announced and showed a working iPad -- but I am saying that the two companies independently arrived at the same design for a tablet.

Why is that? Because both designs borrow heavily (or were inspired by) the iPhone and iPod Touch. I think that the only legs Apple would have to stand on here is the design patent for their iPhone and iPod Touch. But the claims for those patents simply read "The ornamental design for an electronic device with graphical user interface, as shown and described." The patent also includes a series of images and a reference describing which part of the device the images are portraying and a disclaimer saying that the pictured user interface is for example and not related to the design being claimed.

So the fact that they claim an "electronic device" makes it kinda broad, but the images leave it to a judge's interpretation as to how close one design is to another. I don't see a judge looking at the drawings of the iPhone and looking at a Galaxy Tab and finding infringement. And since the JooJoo serves as prior art on the iPad design patent, that leaves Apple to resorting to "Trade Dress" issues in the USA at least.

Disclaimer: I have no knowledge of how community design registrations are enforced or interpreted in the EU, nor do I know how design patents are enforced or interpreted in Australia. All I can do is make some assumptions based on a basic understanding of US patents.

 

[skoorbevad]

It's not that they're not innovating. Their lawyers have to keep busy too. It's not like they can put their lawyers to work designing the next awesome gadget. They're good at lawsuits and copyright so that's what they do.

Image

Counter-point:
http://i.imgur.com/NbDRW.jpg

I can pick-and-choose, too. The iPad was not the start of anything on this design trend.

 

[JAT]

And the contradiction is exactly in...

In the implication that any of you actually care about tablet computing devices. (or Samsung, or Motorolla, or Google, etc) All you care about is disliking Apple. Which is really sad, compounded by your actually visiting pro-Apple websites to rant against them, making it even more sad. And compounded further by the fact that most of the rants are actually against individuals that prefer and purchase Apple products. So you've basically come to the internet just to rag on people for their purchases of certain CE devices. Pathetic.

 

[srobert]

Every now and then…

… I find myself wishing for this:

 

[Jdyount]

In 1979, Xerox threw open its doors to anyone in the industry and press, who might be interested in seeing their developments. Several Apple Computer employees, including Steve Jobs, visited Xerox PARC that day. Jobs and the others saw the commercial potential of the WIMP (Window, Icon, Menu, and Pointing device) system and redirected development of the Apple Lisa to incorporate these technologies. Jobs is quoted as saying "They just had no idea what they had."

 

[Žalgiris]

In 1979, Xerox threw open its doors to anyone in the industry and press, who might be interested in seeing their developments. Several Apple Computer employees, including Steve Jobs, visited Xerox PARC that day. Jobs and the others saw the commercial potential of the WIMP (Window, Icon, Menu, and Pointing device) system and redirected development of the Apple Lisa to incorporate these technologies. Jobs is quoted as saying "They just had no idea what they had."

In the mid 1980s, Apple considered buying Xerox; however, a deal was never reached. Apple instead bought rights to the Alto GUI and adapted it into to a more affordable personal computer, aimed towards the business and education markets. The Apple Macintosh was released in 1984, and was the first personal computer to popularize the GUI and mouse amongst the public.

 

[*LTD*]

Time for Samsung to up their game. Product-wise, that is.

 

[brdeveloper]

And how would you like it if you were a professional writer, and every time you wrote something some turkey copied, distributed, and made a fortune on it. And then some idiot came along and told you to write new stuff and ignore the guy stealing you creations and making the money you should have made. On top of that, they tell you that you the devil from the darkside for not giving your creations to anyone that wants to copy and sell them.

It's funny that the main innovators in economic liberalism (i.e. US) are scared about their own improvements on the area (free market, free competition).

When they were the only mainstream players, when a country increased taxes on imported goods, their government and their organizations were the first to object it, saying this is counter-innovative, etc.

Now, when emerging countries appear as mainstream players along US, Uncle Sam looks like a big protectionist. This behaviour may have hardened since 2008's crisis when government saved organizations in opposing to let them compete freely.

 

[gcliv]

And how would you like it if you were a professional writer, and every time you wrote something some turkey copied, distributed, and made a fortune on it. And then some idiot came along and told you to write new stuff and ignore the guy stealing you creations and making the money you should have made. On top of that, they tell you that you the devil from the darkside for not giving your creations to anyone that wants to copy and sell them.

Ok, I guess Ford and Chevy and Honda should all sue each other over the format of 4 door sedans.

I mean come on here - the tablets are not THAT close in design. There are only so many ways you can design an all touch interfaced handheld computing device.

 

[JAT]

Ok, I guess Ford and Chevy and Honda should all sue each other over the format of 4 door sedans.

I mean come on here - the tablets are not THAT close in design. There are only so many ways you can design an all touch interfaced handheld computing device.

If the first one to design such, probably Ford as oldest company, patented the look of 4 door sedans, then they deserve licensing fees or can sue. (I have no idea if anything similar came up 100+ years ago) Just throwing out analogies that have nothing to do with the topic is useless.

Apple can also lose, even to the point of having their patents invalidated. Maybe we should just breathe occasionally and wait to see what these govts in all parts of the globe decide.

 

[vrDrew]

Ok, I guess Ford and Chevy and Honda should all sue each other over the format of 4 door sedans..

That is a very poor analogy to what is going on here.

Apple isn't suing Samsung over the general appearance or function of the whole device. It is suing Samsung for infringing upon specific functional and design elements - ie. the way the device handles pinch to zoom and list scrolling. In much the same way that Ford and Chrysler were succesfully sued by Robert Kearns for infringing on his patent for Intermittent Windshield Wipers.

 

[Jdyount]

Obviously i'm replying to a incorrect part about Xerox and mouse.




In the mid 1980s, Apple considered buying Xerox; however, a deal was never reached. Apple instead bought rights to the Alto GUI and adapted it into to a more affordable personal computer, aimed towards the business and education markets. The Apple Macintosh was released in 1984, and was the first personal computer to popularize the GUI and mouse amongst the public.

So how does the fact that Apple bought the rights years later "In the mid 1980s" change that Steve Jobs stole and developed an idea that wasn't his. If I steal something then buy it a couple years later its ok?

 

[dethmaShine]

Why is this nonsense picture posted over and over again? If you genuinly feel that you have a case, why the need to distort reality over and over again? Same could be asked to Apple, and their lawyers, of course, but sadly they are not here to answer.

There were mulitple, quite iPad-esque* (asynchronism aside), years before the launch of the ipad (and iphone for that matter). And no, all of them didnt even force you to use a stylus.

* i.e. flat, rounded corners, bezel, centered display, few or no buttons on the front etc.

Sure. Lets not talk about 'before iPad' here.

Lets talk about 'before Apple filed the design patent for iPad-like tablet devices'. Would love you to show me some of that.

 

[kharvel]

Corrected quote:

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8G4 Safari/6533.18.5)

Come on Apple Samsung, worry about innovating and bringing the best product to market rather than trampling copying the little smart guy.

Apple Samsung is the new Microsoft.

 

[dethmaShine]

So how does the fact that Apple bought the rights years later "In the mid 1980s" change that Steve Jobs stole and developed an idea that wasn't his. If I steal something then buy it a couple years later its ok?

huh?

 

[Dr McKay]

It's not that they're not innovating. Their lawyers have to keep busy too. It's not like they can put their lawyers to work designing the next awesome gadget. They're good at lawsuits and copyright so that's what they do.

Image

And yet this was announced before the iPad. There was even a prototype in 2009. Stop Cherry-Picking images of Tablets that dont look like the iPad.

Plus

Counter-point:
http://i.imgur.com/NbDRW.jpg

I can pick-and-choose, too. The iPad was not the start of anything on this design trend.

(Awaiting the inevitable Tsunami of thumbs down)

 

[*LTD*]

And yet this was announced before the iPad. There was even a prototype in 2009. Stop Cherry-Picking images of Tablets that dont look like the iPad.

Image

(Awaiting the inevitable Tsunami of thumbs down)

So what happened? Where was HP's big January 2010 unveiling? You know, the one where it would be the HP CEO sitting comfortably in that easy-chair giving the keynote and astounding the tech world.

Wow, everyone's got these amazing ideas - all these big announcements, all these prototypes, all these promises, but it's only Apple that bothers to develop them to any degree of usability, AND do it before anyone else does.

Why is that? Why is it always Apple that manages to churn out these game-changers? Why does my iPhone have an Apple logo on it and not an HP or Samsung logo? Why does my iPad have an Apple logo on it and not an HP or Samsung logo?

THESE are the questions we should all be asking. Why aren't others capable of this, and why don't they do it (and do it right) before Apple? Why does it almost always take Apple to swoop in and change everything? What's going on here?

 

[vrDrew]

So how does the fact that Apple bought the rights years later "In the mid 1980s" change that Steve Jobs stole and developed an idea that wasn't his. If I steal something then buy it a couple years later its ok?

This is just wrong.

Xerox was compensated for giving Apple access to the PARC technology. Xerox was, in 1979, given the rights to buy $1 million worth of pre-IPO Apple shares before Jobs or anyone from Apple stepped inside the facility. (Note, these Apple shares would today be worth well over $100 million.)

I struggle to see how this could, in any way, shape, or form, be construed as "stealing."

 

[scoobydoo99]

I don't know where you've been living, but Apple has always been sue-happier and more hostile than Microsoft.

Probably because Microsoft never really innovated anything, they themselves were the copycats, so didn't really have anyone to sue. Of course, Microsoft was IN court plenty, defending (unsuccessfully) against government suits for anti-competitive activities.

 

[Dr McKay]

So what happened? Where was HP's big January 2010 unveiling? You know, the one where it would be the HP CEO sitting comfortably in that easy-chair giving the keynote and astounding the tech world.

Wow, everyone's got these amazing ideas but it's only Apple that bothers to develop them to any degree of usability, AND do it before anyone else does.

Why is that? Why is it always Apple that manages to churn out these game-changers? Why does my iPhone have an Apple logo on it and not an HP or Samsung logo? Why does my iPad have an Apple logo on it and not an HP or Samsung logo?

THESE are the questions we should all be asking. Why aren't others capable of this, and why don't they do it (and do it right) before Apple? Why does it almost always take Apple to swoop in and change everything? What's going on here?

So because the HP Slate 500, or these tablets didnt sell as well as the iPad, they magically didnt exist before the iPad, and probably still copied the iPads looks?

Im merely pointing out that Apples case is pure nonsense, and the iPad is not a unique design. The fact is they cherry-pick just the images that support their arguement, ignoring other facts. And even the images they chose, are manipulated.

I'm not even going to argue with you though, ever since I saw you state that Apple should be awarded someone elses valid patent because Apple is "Awesome". I know you are not capable of a logical, adult discussion.

 

[mazz0]

The tablet that's changing the tablet

OMG. I just saw a Galaxy Tab advert on telly, they said "it's time for a better tab" and called it "the tablet that's changing the tablet".

Wrong on so many levels

Also, "a better tab"?! Are they trying to get people to refer to all tablets as "tabs" like how iPod clones all got called iPods? Yeah, good look with that.

 

[Oletros]

In the implication that any of you actually care about tablet computing devices. (or Samsung, or Motorolla, or Google, etc) All you care about is disliking Apple. Which is really sad, compounded by your actually visiting pro-Apple websites to rant against them, making it even more sad. And compounded further by the fact that most of the rants are actually against individuals that prefer and purchase Apple products. So you've basically come to the internet just to rag on people for their purchases of certain CE devices. Pathetic.

Ups, try again, you failed totally.

Ps., If I hate so much Apple, how is that I have an MBA and an iPod and I had iPhone, iMac, Mac Mini, Macbook and a Cube. Can you explain it?

 

[dethmaShine]

So because the HP Slate 500, or these tablets didnt sell as well as the iPad, they magically didnt exist before the iPad, and probably still copied the iPads looks?

Im merely pointing out that Apples case is pure nonsense, and the iPad is not a unique design. The fact is they cherry-pick just the images that support their arguement, ignoring other facts. And even the images they chose, are manipulated.

I'm not even going to argue with you though, ever since I saw you state that Apple should be awarded someone elses valid patent because Apple is "Awesome". I know you are not capable of a logical, adult discussion.

It appears that you don't even know the case as of now and you have made more than a dozen posts regarding the same in previous threads.
All of this revolves around two things:

First and the most important, the design patent that Apple filed in 2004 which Apple is claiming for here.

Secondly, they are trying to show that because of the iPad, these so called design features came into the tablet world which were never there before. [overall rectangular shape with a dominant display screen, narrow borders, a predominately flat front surface, a flat back surface and a thin form factor]

So stating an example from 2006/2009/2010 doesn't help any sarcasm that these tablets copied the to-be-released iPad. It only proves that these tablets copied the design apple patented in 2004.

Thank you