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Or know that Samsung didn't make that cover.

Or even knows the difference between Korea and China.

Or know that the company made that cover was a family company of Samsung Electronics.

Or know the cover was developed by together and approved by Samsung.

Or even knows that most of American believe Samsung is an US Company.
 
And their lawsuit got tossed out. And Apple ultimately lost their lawsuit against Microsoft.

My post was in response to your questioning how what Apple did to Xerox could be construed as "stealing", when Xerox themselves construed that.

Interestingly, Xerox lost that suit for the following reasons, the last of which parallels Apple's main complaint about Samsung:

1) Xerox didn't have any evidence of lost license sales due to Apple.

2) The court said it was not up to them to overturn copyrights.

3) Xerox could not prove that their potential customers were confused:

"This confusion must be of a specific kind: the public must be misled into thinking that the defendant's product is actually the plaintiff's. In other words, the defendant must be guilty of "passing off" his product as the plaintiff's. - US District Court"

Likewise, Apple could have an almost impossible task in their trade dress cases, proving that customers are so confused at the point of buying the Tab, that they actually think they're getting an Apple product.

As some have suggested, it seems possible that Apple doesn't expect to win any or all these cases. They just want to delay their competition as much as possible, and give themselves more time to work on their own updates.
 
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Breaking news


Apple objects to competition, again !

sigh, I'm waiting for apple to sue all fruit and veg sellers for using the word apple to sell apples.

is it me, or has the world gone mad ?

They've already sued a restaurant.

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MS, HP, Dell . . . all these folks, lack the culture necessary to pull off Apple-like achievements.

"Dude, you're getting a Dell."
 
sigh, I'm waiting for apple to sue all fruit and veg sellers for using the word apple to sell apples.

It's been mentioned before, that a few years ago Apple tried to stop New York City (aka The Big Apple) from using the following logo for their "Green New York" environmental project.

Apple claimed it would "seriously injure the reputation which it has established for its goods and services."

big_apple.png
 
<snip>
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?
<snip>
Because you bought an Apple product?
 
False.

Apple alleged that Samsung infringed on quite a number of their patents and Community Design Registrations. European courts ruled that some of Apple's claimed patents were invalid (the "swipe to lock" patent, for example) - but they agreed, at least as far as the preliminary injunction is concerned, that Samsung had infringed on enough of the remaining claims to order the Galaxy and half of Samsungs other smartphones banned.


The judge ruled only one, not some.

Banned? Better says that the judge has given Samsung 2 months to make a little change, they're not banned.

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Yes, Samsung CAN easily fix this patent incursion. However, it is indicative of Samsung's design process that started with an iPad for it's product basis. If Samsung had independently designed their product in a sandbox, they would not have made such an error.

If they started with the iPad why the infringing ones are phones and not the tablets?
 
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Perhaps an Electrovaya Scribbler SC-1230 from 2003 like this
Image

That's just so great.

Can I have link to that please, with reference to release in 2003? Also, if you dare, please check the thickness of this thing and tell yourself to check the complete specification before you make an 'incorrect' post.

:)

[Just can't believe that so many of your posts got up-ranked for providing incorrect and incomplete information. Henceforth giving an idea as to MacRumors becoming a troll-land in the recent months.]
 
That's just so great.

Can I have link to that please, with reference to release in 2003? Also, if you dare, please check the thickness of this thing and tell yourself to check the complete specification before you make an 'incorrect' post.

:)

[Just can't believe that so many of your posts got up-ranked for providing incorrect and incomplete information. Henceforth giving an idea as to MacRumors becoming a troll-land in the recent months.]

Troll? Do you call trolls anyone not answering what you want to read?

Incorrect post? I thought the problem was with overall design. Now, not only the tablet must be non ruggerized, not only presented before 2004 but also with a profile not posible by then because battery technology.
 
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Troll? Do you call trolls anyone not answering what you want to read?

Nopes! But siding with posts that provide incorrect information just out of spite is in my opinion trolling.

Incorrect post? I thought the problem was with overall design. Now, not only the tablet must be non ruggerized, not only presented before 2004 but also with a profile not posible by then because battery technology.

Your thoughts in this case seem to be quite appropriate but the evidence you use to justify your stance is 'incorrect'.

I couldn't understand your last point but as much as I do, I'll say:

- Please link a source which claims that the tablet was released before 2004.

- Read the entire specification and you will see that the tablet was more like a convertible with a removable keyboard with a depth of more than the thickness of 4 iPad2's combined.

There's a reason Samsung had to quote a 1968-69 fiction film to demonstrate any prior art to the apple design patent. They just couldn't find any real evidence of an iPad-like portable before the iPad.

:)
 
- Please link a source which claims that the tablet was released before 2004.

http://www.electrovaya.com/news/pr/PR03.aspx

http://www.cdw.com/shop/products/El...C-SC-1230-TM5800-1-GHz-12.1in-TFT/542441.aspx


- Read the entire specification and you will see that the tablet was more like a convertible with a removable keyboard with a depth of more than the thickness of 4 iPad2's combined.

The OVERALL design, a flat surface, a bezel, a touch screen, a glass covering all the surface. That is what Apple is suing for.

And yes, it was thicker, just because battery tech wasn't developed in 2003.


There's a reason Samsung had to quote a 1968-69 fiction film to demonstrate any prior art to the apple design patent. They just couldn't find any real evidence of an iPad-like portable before the iPad.

:)

No, 1968 quote was only one of many prior art quoted by Samsung, it wasn't the only one.

Another real ipad-like portable before the iPad? Compaq TC1100 and Knight Ridder cited by dutch judge to dismiss Apple claims about Samsung copying.

Pages 43-45 of the court decission: http://ieforum.nl/backoffice/upload...1-730,+KG+ZA+11-731+(Apple+tegen+Samsung).pdf
 

Can you point to specific link in that? I am afraid, that proves nothing.

The OVERALL design, a flat surface, a bezel, a touch screen, a glass covering all the surface. That is what Apple is suing for.

And yes, it was thicker, just because battery tech wasn't developed in 2003.

And somehow that's Apple's problem? And not only that, all these slates were hybrid portables with a removable keyboard. That is the sole reason they were so thick. The entire design philosophy was different then. They were effectively laptops with touch screens and nothing else.

No, 1968 quote was only one of many prior art quoted by Samsung, it wasn't the only one.

Another real ipad-like portable before the iPad? Compaq TC1100 and Knight Ridder cited by dutch judge to dismiss Apple claims about Samsung copying.

Again, that itself is a hybrid portable with an entirely different design philosophy and not just a slate. :)


404: NOT FOUND.
 
Can you point to specific link in that? I am afraid, that proves nothing.



And somehow that's Apple's problem? And not only that, all these slates were hybrid portables with a removable keyboard. That is the sole reason they were so thick. The entire design philosophy was different then. They were effectively laptops with touch screens and nothing else.



Again, that itself is a hybrid portable with an entirely different design philosophy and not just a slate. :)



404: NOT FOUND.


I give up. Yes, you're totally right, I'm totally wrong, the Dutch judge is wrong, the link proves nothing, making it thicker makes them totally different of an iPad.

And you call others trolls? My God, what a close minded attitude. If reality smashes you you still be denying it.
 
I give up. Yes, you're totally right, I'm totally wrong, the Dutch judge is wrong, the link proves nothing, making it thicker makes them totally different of an iPad.

And you call others trolls? My God, what a close minded attitude. If reality smashes you you still be denying it.

Oh God! Are you ignoring my entire comment?

Great. The link that you posted does not exist; I was wanting to read what the dutch judge said, but thanks for the insult. Now you can cook up stories, make incorrect posts and cry all you want.

:)
 
The reward for innovating a unique and ground-breaking product should be that your competition doesn't get to clone your ideas with no investment of their own. If everyone wants to see companies like Apple continue to innovate, those companies need to enjoy the exclusivity of their ideas. That is the payoff and motivation for innovation.

the innovation is ios, not the shape of a tablet.

----------

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.

Apple buying xerox? Source? Seems strange to me as Xerox at that time was a giant, and Apple afaik was not.
 
Oh God! Are you ignoring my entire comment?

Great. The link that you posted does not exist; I was wanting to read what the dutch judge said, but thanks for the insult. Now you can cook up stories, make incorrect posts and cry all you want.

:)


No, I'm not ignoring the entire comment, I'm tired of the ******* escuse about the thicknes that doesn't give a damn with the overall front design.

I'm tired of your blindness about the evidences, the link about electrovaya is a link of the 2003 press releases. If you want open them, but you don't want knowing

Ah, the pdf link works, but if you want, here is a blof post where you can find it.

http://www.osnews.com/story/25098/Apple_Scores_Meaningless_Dutch_Court_Victory_Against_Samsung

And thanks about the insult? Which insult? You don't want to read the press releases, you are arguing about the damned thickness only.
 
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.

Adding more doors to a car is trivial, obvious and services a functional purpose, and is as such not - ever - worthy of a patent.

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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.

Sure.

CIMG1909%20(Small).JPG


(2004 device).

touch_pbj.gif


(2004 device)

94.jpg


(2003 device)

Sure, the design may have been filed _earlier_ in 2004 than the release datum for the top two devices. But for one to believe that they were sourcing through Apple design filings and in a few months radically redesigned their tablets to fit, well, one has to buy a lot of tin foil on a year-to-year basis. Plus, the 2003 device speaks for itself.

All in all, generic, obvious, form-follows-function design. Just like the ipad.

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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

Se above. Second, afaik Apple did not file everywhere in 2004. Could be wrong though, if you have any data indicating otherwise please supply the rest of us.

Second (bold) :

Prior art matching this predates any design registration, and is - in itself - an obvious, trivial case of form-follows-function (no, they werent as thin - because technology didnt allow it to be, did they push to make it thinner, lighter, higher screen-to-device ratio? Of course.). Why would anyone ever (given choice) want to make a tablet anything BUT that? (other than for protective measures etc, where the trade-off pays off; i.e. having an "ipad"-look being non-optimal).
 
Apple is just mad because Samsung managed to make the Tab 10.1 thinner than the iPad 2.

Possible but it's quite common to find large corporations to go after competing companies over design issues whether the claim(s) are legit or not. It's part of strategy to see if they can get away with whatever it is that they're challenging. For Apple if they can win the battle, then the gamble pays off, if not it's like losing a nickel in a pile of Benjamins.

Heck if I recall Intel wanted to patent the letter "i" which got shot down pretty fast in court.
 
It has a start mene instead of pages of icons. The way the Samsung products copy the iPad isn't just in the screen and the bezel, it's the total. The whole package. The screen, the bezel, the pages of apps, the dock, the whole damn thing.

it runs windows, so yeah. a start menu seems natural. apple did not invent "grid of icons". heck, it was on the first touch screen phone ever made (1992), and pretty much every phone following it (capable of displaying such a thing). Second, the GUI of the Sammy device is nothing like that on the Apple device. Jesus. Get a grip.

p.s.

If anyone out of Android and iOS changed the GUI for the mobile phone it was the former (widgets and what nots - note: not saying they invented these things).

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Microsoft is now in the changing room, warming up.

It will be interesting to see if beating everyone else up, Apple will stay in the ring ready to take them on in a fresh round, or they will be no where to be seen once Microsoft enters the arena.

Are they going to try and bully someone their own size?

Hardly. Doubt anyone could win that fight given MSFTs portfolio.

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You missed the point entirely. It's not the individual elements, it's the whole combination.

Regarding the pages of apps, the Galaxy Tab does have it, what's vanilla Honeycomb got to do with it?

Totally off topic, I have some honeycomb (the real thing, made by bees), anyone any suggestions what to do with it?

If its the whole combination Apple has no case. Tablet is different ratio, different dimension, no button, different camera placement, intended for primary use in landscape.

T o t a l i t y, was it?

p.s. pages of apps is obvious, trivial and just plain common sense. Its either pages or scrolling, and scrolling is a far worse solution (Nokia, im looking at you!), as it is a harder way of navigating the information space.

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Image

I can see the copying, how dare they have icons on their homescreens.
How come all of this? Yet not a single word over Apple's blatant copying of Androids Notification Service, or WP7s Twitter integration, or Blackberry Messenger?

...or MSFTs "swipe-to-camera roll" (which they have a patent for).
 
False.

Apple alleged that Samsung infringed on quite a number of their patents and Community Design Registrations. European courts ruled that some of Apple's claimed patents were invalid (the "swipe to lock" patent, for example) - but they agreed, at least as far as the preliminary injunction is concerned, that Samsung had infringed on enough of the remaining claims to order the Galaxy and half of Samsungs other smartphones banned.

Its roughly similar to a criminal case, where the prosecution alleges a whole range of crimes. The Judge dismissing the jaywalking and littering charges doesn't mean the defendant isn't guilty of murder.

Apple has dozens of patents and other IP that they feel is infringed upon by Samsung. It is a point of their worldwide legal strategy to orchestrate precisely which patents they choose to allege infringement, and in which particular court. Bringing a case, in any court, where they made every possible infringement against Samsung would make the case virtually impossible to prosecute, or for the Judge to consider. It would become so complicated and time-consuming that it would take years to come to trial. That isn't in Apple's interest. They want Courts, in Jursidictions ranging from Australia to Germany and the Netherlands, to come to a final decision as soon as possible.

This last point is important to keep in mind: It has been Apple that wants Judges to rule as soon as possible. It is Samsung that keeps arguing for delays. Why do you think that is?

Dutch court: 1 patent - on a few devices. Issue (as i understood it) the way an image bounces back if you dont swipe "enough" while browsing pictures. Galaxy tab does not infringe on this patent. Design was thrown out completely.

German court was only on design. No patents, no final verdict. As the Texas of Europe i guess outcome is quite obvious though.


Ergo: You are wrong.

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If "Form Follows Function," and Apple's iPad design was the "obvious" way to design a tablet, then why did most of the tablets presented at the CES Show a few months before the Apple iPad was announced not look at all like the iPad???

Let me guess, these tablets were Windows tablets? And differed how? Larger screens, thicker, heavier? Sometimes with "protective gear"?

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Yes, Samsung CAN easily fix this patent incursion. However, it is indicative of Samsung's design process that started with an iPad for it's product basis. If Samsung had independently designed their product in a sandbox, they would not have made such an error. In the long run Samsung will need to also defend their design process or Apple will show that all similarities between their products to Apple's products was due to a coping process not independent design decisions.



The judge has more authority than you believe. Also, we don't know if Apple doctored any photos. There is also evidence that the "doctored" photos were early Samsung prototypes. If that is so, then Apple's case is all the stronger that Samsung did not design its product, but started with a copy of of the iPad. Not a smart way to avoid eventual patent suits.



As an injunction, the court is preventing more damaged to the patent holder while the case is being tried. During the court trial, Apple may just as easily get more of their patents upheld as Samsung can get them tossed. To assume that Samsung will naturally prevail is a leap of logic.



This may set a precedent, as you say. However, it may not make any impression on the set of law that the German court will use. This is as big a ball of wax as it started out to be. That's why it is best to not start with a copy of a patented product and try to differentiate your design from that point on. Samsung has set themselves up for a lot of avoidable grief.

1) I heard that this app is stock. I.e., not developed by samsung. Could be wrong of course. Has happened before.

2) Why include 27 examples (as claimed by Samsung) of prototypes to make a case vs. a non-prototype device?

2.1) Everyone is allowed to start out based on any product. Theres no law against having device A as starting point of your device. The route to a design doesnt matter, the end product does.

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Or know that the company made that cover was a family company of Samsung Electronics.

Or know the cover was developed by together and approved by Samsung.

Or even knows that most of American believe Samsung is an US Company.

What about people knowing that the case was not even designed by Apple in first place? =)

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They've already sued a restaurant.

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"Dude, you're getting a Dell."

and a grocery store... that had an apple in their logo.

,D-F-225987-3.jpg


apparently Apple thinks consumers are so stupid that they could end up thinking its an Apple Store they are doing their grocery shopping in.
 
I don't know where you've been living, but Apple has always been sue-happier and more hostile than Microsoft.

Apparently, Apple has nothing big in the pipeline so playing the legal card is all that the company has left to do. The "copies", "clones" and "rip-offs" have become better than "the original" and Apple has every reason to be scared. They know that they cannot stop Samsung, HTC, Acer, Asus and Motorola. But at least they can slow the competition down a bit.

I've read some amazing dross on this site but that takes the biscuit.
 
Heck if I recall Intel wanted to patent the letter "i" which got shot down pretty fast in court.

You mean trademark. You can't patent a letter. Patents are about ideas and methods. Trademarks are about logos/text used as a mark of commerce. Copyright is about text/art that can be copied and distributed.
 
- Please link a source which claims that the tablet was released before 2004.

Just a note so discussions stay in sync. There are different court cases going on around the world, and evidence and timelines for one might not apply to another.

The 2004 Community Design registration only applies in the EU. It's a fairly vague drawing, without even a Home button:
eu_design_small.png
The 2010 US Design Patent is for the actual iPad product, and details the Home button, switches and connectors:
us_ipad_design.png
 
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