How exactly does the new Samsung Galaxy TAB 10.1, infringe on apple's ipad ?

Discussion in 'Apple, Inc and Tech Industry' started by Cali4ever, Aug 2, 2011.

  1. Cali4ever macrumors member

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    #1
  2. mrapplegate macrumors 68030

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    #2
    The lawyers seem to know. Lacking my law degree or any expertise in IP litigation, I can only point you to wikipedia.
     
  3. jpdemers macrumors newbie

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    #3
    It's a design patent

    The patent is a design patent, intended to prevent others from cashing in on Apple's design with a look-alike tablet. It covers the look of the iPad, not the innards or the software. You can look it up, it's D504,889

    The Galaxy is closer to the patent than the actual iPad, at least to my eye.
     
  4. Nightarchaon macrumors 65816

    Nightarchaon

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    #4
    It infringes on apples patent by being a competitive alternate choice for consumers, thats about it,

    I hate the fact that the patent system seems to let companies patent shapes and even bits of my DNA if the so see fit.

    Im sorry, but anything "natural" (i.e a plant or a section of already existing DNA) should not be able to be patented, neither should a functional shape, its like ford patenting a four wheeled box and not letting any other car maker on the planet make a four wheeled box, a tablet has to be tablet shaped, its external shape is dictated by its function, its a screen with a battery and some buttons strapped to it, what shape should samsung have used, a triangle screen ?

    time for patent law to be looked at , as it stands, its bloody stupid, i could patent breathing if i got the wording right and sue everyone for using my idea.
     
  5. *LTD* macrumors G4

    *LTD*

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    #5
    If this were the case there wouldn't be any delays.
     
  6. *LTD* macrumors G4

    *LTD*

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    #6
    I might as well attach this here.

    Is anyone surprised about this news? Who's brilliant idea was it to use a movie prop from the 60s? LOL

    ---------------------------------

    http://fosspatents.blogspot.com/2011/09/translation-of-dusseldorf-regional.html

    German court rejects Samsung’s ’2001: A Space Odyssey’ defense of Galaxy Tab

    “Let me start with the long-awaited answer to the question of whether Samsung also raised the Stanley Kubrick (2001 – A Space Odyssey) defense for the Galaxy Tab design in Germany,” Florian Mueller reports for FOSS Patents. “The answer is YES. And they also raised the ‘Tomorrow People’ defense, but it was equally unavailing as the Kubrick defense.”

    “Last week, the Düsseldorf Regional Court upheld its Germany-wide preliminary injunction against the Galaxy Tab 10.1,” Mueller reports. “Two days after the ruling, I also explained what Apple’s victory means for the retail channel.”

    Mueller reports, “I have meanwhile retrieved a copy of the full text of the ruling and would like to publish my unofficial translation because I believe many non-German-speaking observers of the case may find this useful — especially in light of the fact that a U.S. design patent that is an even broader (!) equivalent of the Community design asserted in Germany may still lead to a preliminary injunction in the United States (the hearing on that one is scheduled for October 13).”

    --------------------------------------------------------

    The bolded part is interesting, but it might not be prudent for us to assume it leads to a foregone conclusion re a US injunction - at least not yet.

    What's interesting is that Samsung seems to be on the losing end of some of these battles not simply because Apple's making sound and timely legal moves (aside from championing the relative strength of their IP), but also because some of what Samsung (or their legal team, rather) has been doing is just galactic ally stupid (which includes their perplexing demand to see Apple's non-existent prototypes, when in fact, Apple was the claimant in the fist place.)
     
  7. kdarling macrumors demi-god

    kdarling

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    #7
    That was just one of their defense exhibits. Fixating on it makes for attention grabbing headlines, but robs us of hearing about their other arguments.

    None of it mattered because the judges ignored both Samsung's defenses and Apple's trade dress claims. Instead, the court simply decided using the broadest interpretation of the single EU design document, something which even Apple didn't expect if you had read their complaint.

    No one who has followed this topic on this forum, would believe the bogus claim that the US Design Patent is "broader". In fact, not only did it have to undergo scrutiny before being granted, it's also a more detailed 2010 depiction of an actual iPad...

    us_ipad_design.png
    ... instead of being a generic slab design like the 2004 EU document:
    eu_design_small.png
     
  8. AppleScruff1 macrumors G3

    AppleScruff1

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    #8
    Because Uncle Steve said so. :D Seriously, it's rectangular, has a screen with icons, a power button, headphone jack, speaker, comes with a charger, etc etc.
     
  9. KingCrimson macrumors 65816

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    #9
    Anyways it's getting *bad* for Samsung. EU government after government is blocking sales of the Galaxy Tab.
     
  10. kdarling macrumors demi-god

    kdarling

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    #10
    Really, which ones?

    Germany said the Tab shape infringed on the 2004 design registration (not on the iPad itself), and banned direct sales based solely upon that registration. However, that does not stop Tab sales in Germany if the dealer got it from another country.

    The Netherlands ruled that the Tab doesn't infringe on any iPad design or utility patent. They went even further and suggested that Apple's slide-to-unlock patent would be revoked if it ever got explicitly opposed in the EU.
     
  11. mrsir2009 macrumors 604

    mrsir2009

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    Location:
    Melbourne, Australia
    #11
    Teh Galaxy line is epic :D There's tons of models so there's a galaxy tab or phone for everyone's needs and budget.
     

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