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U.S. Ban on Samsung Galaxy Tab Sales Goes into Effect as Apple Posts Bond

MacRumors

macrumors bot
Original poster
Apr 12, 2001
50,099
11,359



Earlier this week, U.S. District Judge Lucy Koh granted a preliminary injunction that would allow Apple to bar Samsung from selling its Galaxy Tab 10.1 in the United States while a full trial on Samsung's alleged design infringement is conducted.




Enforcement of the sales ban required that Apple post a $2.6 million bond from which damages to Samsung would be paid if Apple ultimately lost its infringement case, and FOSS Patents reports that Apple has indeed moved quickly to post the bond.
Apple didn't hesitate to post its $2.6 million bond to protect Samsung againt the possibility of a successful appeal, in which case the preliminary injunction would be found to have been improperly granted. [...]

On this basis, the injunction has taken effect and Samsung must abide by it. Otherwise Apple could ask the court to sanction Samsung for contempt.
Samsung has filed a request for a stay of the injunction while it appeals the decision, but for the time being Samsung is subject to the ban.

The ban only applies to the Galaxy Tab 10.1, and Samsung now offers several other tablet models that are not affected by the injunction, so it is unclear exactly how much of an economic effect the ban will have on Samsung. But the injunction does strengthen Apple's standing as it pursues this and other lawsuits against Samsung in courts around the world.

Article Link: U.S. Ban on Samsung Galaxy Tab Sales Goes into Effect as Apple Posts Bond
 

Geckotek

macrumors G3
Jul 22, 2008
8,706
233
NYC
This is stupid! I have an iPad and love it, but fail to see how the Tab is remotely a copy in any way. For one, it's nowhere near as good in my book. What about this thing did they find to be so close to an iPad? It's flat? It's thin? It's a rectangle? All tablets will be. (Except for the "The Pyramid" :p)

I don't get it. I agree, this all should end. Apple looks petty here.

Edit: Does anybody have a link showing the comparison of both units highlighting the parts that Apple claims to be infringing? I'd like to be a bit more educated on the subject.
 
Last edited:

nagromme

macrumors G5
May 2, 2002
12,546
1,196
This is stupid! I have an iPad and love it, but fail to see how the Tab is remotely a copy in any way. For one, it's nowhere near as good in my book. What about this thing did they find to be so close to an iPad? It's flat? It's thin? It's a rectangle? All tablets will be. (Except for the "The Pyramid" :p)

I don't get it. I agree, this all should end. Apple looks petty here.

Edit: Does anybody have a link showing the comparison of both units highlighting the parts that Apple claims to be infringing? I'd like to be a bit more educated on the subject.

Good question. I don’t have a link to specific claims which are probably pretty complicated—but definitely NOT just basic things like being thin rectangles.

Samsung truly has copied Apple really blatantly time and time again, undeniably leveraging Apple’s designers to prevent the time/expense/risk of doing their own work from scratch; and whether that’s legally significant or not (seemingly it is, sometimes) there are some links showing that. For starters:

http://photos.appleinsider.com/samsungvsapple.081911.jpg

http://dcurt.is/chromebox-samsung (very recent!)

http://www.idownloadblog.com/2011/09/29/apple-samsung-copycat-2/

Another thing to remember: look at all the other tablets that do NOT use Apple styling. Apple’s way is not the “only way” to design a tablet, or a charger, or a UI, or packaging, etc. etc.

And certainly others besides Samsung have been equally unoriginal. Win or lose, Apple can hardly sit back and make it easy to get away with. That would be a VERY stupid and dangerous precedent for Apple to set.

And most importantly for we users: Wouldn’t we like real choice in the market, and competition rather than lazy trend-riding? Wouldn’t we rather see Samsung be more completely original and innovative? What more-unique tablets have we missed out on because Samsung didn’t put more of their profits into original designs? (Example: would Microsoft’s Surface be as interesting if they’d gone Samsung’s route of “cloning Apple as closely as we can get away with?”)
 

Kurwenal

macrumors 6502a
Jun 27, 2012
888
316
This is stupid! I have an iPad and love it, but fail to see how the Tab is remotely a copy in any way. For one, it's nowhere near as good in my book. What about this thing did they find to be so close to an iPad? It's flat? It's thin? It's a rectangle? All tablets will be. (Except for the "The Pyramid" :p)

I don't get it. I agree, this all should end. Apple looks petty here.

Edit: Does anybody have a link showing the comparison of both units highlighting the parts that Apple claims to be infringing? I'd like to be a bit more educated on the subject.

Whether the Samsung tablet is a copy of the iPad is not the question. The question is whether the Samsung tablet infringes (or, at this procedural posture, likely infringes) Apple's design patent.
 

rmwebs

macrumors 68040
Apr 6, 2007
3,140
0
I'm going to take the 'ignorant consumer' view point here with this:

"Who gives a damn if it has the same rounded corners, or the same thickness aluminum"

Seriously, at the end of the day the actual DESIGN of a tablet means squat. It's all about price, and what OS its running. People choose the iPad for the ecosystem, not because it's got a shiny surface. People generally choose Android systems if they either dont like iOS, dont want to spend as much money, or genuinely prefer android.

This case actually doesn't have that much of an impact, as mentioned in the lower half of the article, its only the Galaxy 10.1 - I'm not privy to Samsung's operations, however I believe they have already got a number of different models, none of which Apple have attempted to block (yet).

Personally I'd like this crap to just end. It's pathetic and boring. Let them sell their tablet. The consumer will decide if it'll be a success or failure, and given that the Android Tablet market isn't really going to well, I'd bet that the 10.1 would be discontinued within a year.

(Sidenote: User of iOS and Android but have to admit I prefer the stability of iOS. That being said, I do like what Android stands for, and do still develop on it regularly)
 

raazman

macrumors member
Sep 9, 2010
56
41
yeah, old model but not new model is what I heard. what's the point? Is it going to affect anything?
Not really. At least in sales of those devices. I do think what Apple is doing is foolish but Samsung could take their designs in a different direction.
 

MonkeySee....

macrumors 68040
Sep 24, 2010
3,858
435
UK
I'm going to take the 'ignorant consumer' view point here with this:

"Who gives a damn if it has the same rounded corners, or the same thickness aluminum"

Seriously, at the end of the day the actual DESIGN of a tablet means squat. It's all about price, and what OS its running. People choose the iPad for the ecosystem, not because it's got a shiny surface. People generally choose Android systems if they either dont like iOS, dont want to spend as much money, or genuinely prefer android.

This case actually doesn't have that much of an impact, as mentioned in the lower half of the article, its only the Galaxy 10.1 - I'm not privy to Samsung's operations, however I believe they have already got a number of different models, none of which Apple have attempted to block (yet).

Personally I'd like this crap to just end. It's pathetic and boring. Let them sell their tablet. The consumer will decide if it'll be a success or failure, and given that the Android Tablet market isn't really going to well, I'd bet that the 10.1 would be discontinued within a year.

(Sidenote: User of iOS and Android but have to admit I prefer the stability of iOS. That being said, I do like what Android stands for, and do still develop on it regularly)

Its really really boring when people don't understand why Apple is enforcing this. REALLY boring.
 

adildacoolset

macrumors 65816
Even if I prefer the iPad, at least people who like their galaxy tab claim it if they want. Let it off apple, because in tech, if there's a good idea, people copy it. You can't stop it. Even if you patent it, I bet in the next tab samsung will trickle their way around the patents. If you think I'm wrong, observe that even apple had got a thing or 2 from android. The pull-down notification is a brilliant idea and its in ios. I'm not saying android didn't copy, because a lot of stuff in it I saw was copied.

My point is that everyone copies in tech. Theres nothing you can do to stop it. Things like these are temporary
 

MonkeySee....

macrumors 68040
Sep 24, 2010
3,858
435
UK
Even if I prefer the iPad, at least people who like their galaxy tab claim it if they want. Let it off apple, because in tech, if there's a good idea, people copy it. You can't stop it. Even if you patent it, I bet in the next tab samsung will trickle their way around the patents. If you think I'm wrong, observe that even apple had got a thing or 2 from android. The pull-down notification is a brilliant idea and its in ios. I'm not saying android didn't copy, because a lot of stuff in it I saw was copied.

My point is that everyone copies in tech. Theres nothing you can do to stop it. Things like these are temporary

They employed the guy who designed it for Jailbreak a long time ago.
 

jdodoubleg

macrumors newbie
Jun 30, 2010
17
0
Washington
There is a much bigger idea here than just the Samsung Galaxy Tab, Apple is trying to set a precedent to show to Samsung and other companies that they cant steal Apple's trade dress. Apple has put a ton of R&D into all of their products, and now they should just let someone come along and copy it? I don't think so.

People are saying whats the big deal? The big deal is that for a good portion of people, they don't know the difference. There are people who see that it looks like an ipad so it must be a samsung ipad. Some people just aren't as educated as the people who visit this forum, so those people are easily deceived by Samsung's obvious ripoff.

To put it in other terms, what if Hyundai (another Korean company) decided they were going to build a 90% ripoff of the Corvette. While we can all agree that for the most part all cars have 4 wheels, a windshield, door handles an engine etc, we can see that the designs that people can come up with for cars are endless, and therefore Chevrolet would have a valid lawsuit on their hands and Hyundai would probably loose and most people would think Chevy had the right to defend their brand and looks of their car. So then why do people love to hate on Apple when they set out to do just the same, defend what they spent their time, money and effort on.

It just doesn't make sense. Apple should defend what is theirs without people hating on them.
 

Icaras

macrumors 603
Mar 18, 2008
6,143
2,754
There is a much bigger idea here than just the Samsung Galaxy Tab, Apple is trying to set a precedent to show to Samsung and other companies that they cant steal Apple's trade dress. Apple has put a ton of R&D into all of their products, and now they should just let someone come along and copy it? I don't think so.

People are saying whats the big deal? The big deal is that for a good portion of people, they don't know the difference. There are people who see that it looks like an ipad so it must be a samsung ipad. Some people just aren't as educated as the people who visit this forum, so those people are easily deceived by Samsung's obvious ripoff.

To put it in other terms, what if Hyundai (another Korean company) decided they were going to build a 90% ripoff of the Corvette. While we can all agree that for the most part all cars have 4 wheels, a windshield, door handles an engine etc, we can see that the designs that people can come up with for cars are endless, and therefore Chevrolet would have a valid lawsuit on their hands and Hyundai would probably loose and most people would think Chevy had the right to defend their brand and looks of their car. So then why do people love to hate on Apple when they set out to do just the same, defend what they spent their time, money and effort on.

It just doesn't make sense. Apple should defend what is theirs without people hating on them.

Exactly, well said. Couldn't agree more. This injunction definitely sets the tone by having companies think twice now before trying to play hardball with Apple in the future.

In the end, this should force the competition to think harder about designing their products differently, which in turn should spur greater innovation and competition in the market, not hinder it.
 

Labeno

macrumors 6502
Jul 21, 2008
323
1,002
It just doesn't make sense. Apple should defend what is theirs without people hating on them.

It makes a little sense... the people that hate Apple for this appears to be the same Android users that want everything for free. So they love that great ideas are copied, and then handed to them almost free of charge. I'm glad to pay Apple for the hard work they put into developing these fanatic products that are quality and reliable.
 

gnasher729

macrumors P6
Nov 25, 2005
17,272
4,432
this ban is just for the current model only?

I think by now it is an old model. And instead of protesting, Samsung should just go and design a tablet that looks better (and therefore different) than an iPad. If they can :D

----------

To MacRumors: Guys, could you clarify whether this picture is of a Samsung Galaxy that is affected by the ban, or of a revised Galaxy tab that is not covered by this ban?
 

CynanX

macrumors member
Jun 10, 2012
38
16
Correct me if I'm wrong but the way I figured it was this.

Company A (Apple in this instance), spends time & money developing a product for which they patent key aspects.

Company B (Samsung) then comes along and rather then licensing the technologies from company A or developing their own copy them instead.

Now that's not really fair is it to the big outlay of company A, surely?

So company A sues for patent infrigement, which eventually boils down to a licensing deal. Some companies won't bother and let company B get away with it.

It all a gamble.

It's not about being petty, it's just the way business works.
 

dokujaryu

macrumors 6502
May 3, 2011
359
12
Irvine, California
I don't see why anyone hates on Apple for these cases anyway. Apple doesn't have the power to grant injunctions in the first place. They made a compelling argument to someone whose job it is to make these decisions. If it was an BMW and a banana, it wouldn't pass scrutiny of this layer.

Secondly, I think this whole situation is just tricky because Apple does a damn good job of not just dominating a category, but defining a category. To the point that, if Samsung really did make something radically different than the iPad, it wouldn't be competing with the iPad. They'd be playing the same sport maybe, but in totally different stadiums. So, it's not like competitors have much choice to make it at least somewhat similar in order to be competing in the same category of product.
 

Kurwenal

macrumors 6502a
Jun 27, 2012
888
316
Actually, I think it's a ban for the old model...

The order covers:

"Samsung's Galaxy Tab 10.1 tablet computer, and any product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889." Apple Inc. v. Samsung Elec. Co. Ltd., 2012 U.S. Dist. LEXIS 88436, *22 (N.D. Cal. 2012).
 

thuchu1

macrumors regular
Oct 16, 2010
148
10
Auburn Hills, MI
It's funny to me how Samsung has tried to hold up the argument saying that it's using designs which are simple and the obvious way, and therefore cannot be patented. The whole industry shifts when Apple introduces a new device, and the simplicity of their fuction/usability/design just makes the user feel like this has to be the only way it could work. It's the clear sign that Apple takes their hardware serious in conjuction with their software, and that's where these incredible designs come from. I seriously hope that no company that innovates this much loses their rights simply because they found the best way to do it, and made it seem like it couldn't be done another way.
 
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