UK Judge Rules Samsung Tablets 'Not as Cool' as iPad

[rmwebs]

*sigh* Eric, when writing articles how about telling the whole story? Comes across as a very poor and sloppy piece of journalism from MacRumors when you tell it in such a biast way.

For the full story, go on the proper 9to5mac article: http://9to5mac.com/2012/07/09/judge...tent-case-claims-galaxy-tabs-are-not-as-cool/

 

[the8thark]

the fact is though, Apple quite rightly are defending themselves in the market.

The samsung tablet does look similar in someways to the iPad. from my understanding previous generations of the Galaxy looked so similar to the iPad that they were requested by a judge to change it and add more samsung branding to the product. There are plenty of ways to design a tablet in terms of physical appearance they don't need to keep copying Apples designs.

Check out this link to see how far the Samsung copying has gone
http://www.tuaw.com/2011/09/28/no-comment-proof-that-samsung-shamelessly-copies-apple/

This is very true.
And I don't think a Judge is supposed to say "Apple products look cooler therefore the competition can be copying the looks".
21 days to appeal? Apple will surely be appealing this rather dumb decision.

 

[boyd1955]

Ah Ha ... And when has anyone ever met a judge that would know "cool" from "cow dung" ... In a way that is such a put down to apple ))

 

[Piggie]

You know sometimes it's good NOT to be cool:

Cool Pants

http://i2.photobucket.com/albums/y23/nikeairmax/ap_sagging_pants_071015_ms.jpg

http://i.telegraph.co.uk/multimedia/archive/01890/baggy-pants-ap_1890289c.jpg

Cool Tattoo

http://4.bp.blogspot.com/-qxWzISvbg...s1600/b-437081-Cool_Tattoo_Design_Tattoos.jpg

Yup, I think I'll stick to un cool that's all the same.

 

[Peace]

Prior art. Let's see.

This is one of the Judge's examples of prior art :

 

[samcraig]

Nobody with a great sense of humor has ever had to claim they did.

Cliche response.

Much like calling anyone who says anything remotely negative is a hater and anyone who states something positive is a fan boy.

 

[KnightWRX]

This is very true.
And I don't think a Judge is supposed to say "Apple products look cooler therefore the competition can be copying the looks".
21 days to appeal? Apple will surely be appealing this rather dumb decision.

The judge did not say that at all though. Maybe you should actually read more than the ridiculous title ?

 

[EbookReader]

The decision is probably a bittersweet pill to swallow for both companies, but Samsung has already said it is pleased with the court’s decision.

“Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited,” the company said in a statement.

 

[KnightWRX]

The decision is probably a bittersweet pill to swallow for both companies, but Samsung has already said it is pleased with the court’s decision.

And I'm sure Apple isn't so happy their design was said to "lack originality" and that it was too simple to protect, based on many prior models of existing tablet designs.

 

[samcraig]

And I'm sure Apple isn't so happy their design was said to "lack originality" and that it was too simple to protect, based on many prior models of existing tablet designs.

It's an interesting thing. Apple prides itself on simplicity. But when it comes to these kinds of suits it works against them. If there were things that stood out or were unique to the design that was above and beyond the basics - then they would win a suit like this. But keeping things SO clean/simple - again, works to their disadvantage.

 

[EbookReader]

Someone wrote this on Cnet:

"If there is an infinite number of possible designs for tablets, the number of adequate designs is much smaller. Function defines form. That's why cars from a given category tend to look like each other. Compact cars look like each other, so do midsize sedans. They all have roughly the same shape.

Forcing Samsung to go for a thicker, more cluttered design just because Apple claims exclusive rights to thin rectangles with rounded corners would condemn Samsung to market failure. No one would benefit from it."



and this:


"I don't get how this is a legal issue. Cant the same design arguments be made for all HDTVs as well? Could Sony sue everyone who made a rectangular tv with a black bezel?

How many ways can you design a tablet? Octagon shaped?"

 

[aperantos]

I'm surprised the judges here know what an iPad is, or a Mac, or any computer in fact... we always think of them as dusty old farts, mumbling about something irrelevant and banging a gavel with a black cap on...

Well if you will base your opinion on caricatures. English judges do not even have gavels, nor have they ever.

Don't they still wear wigs in grand old UK ?

Not for civil cases, only circuit and High Court judges in criminal cases. The "cool" judge would have just been wearing a robe over a normal suit with his hair, hopefully, nicely brushed.

 

[Bubba Satori]

Apple hipster coolness drafted to combat Global warming.

Film at 11 after Casey Kasem's Disco Hall of Fame.

 

[Oletros]

Prior art. Let's see.

This is one of the Judge's examples of prior art :

No, no that picture is not one of the courts prior art.

Try again

 

[mac 2005]

This headline doesn't tell the whole story. You need to read the judgement in full to appreciate what the Judge said. It's sloppy journalism to sensationalise the story in this way. I'm not a fan of 9 to 5 Mac but at least they have taken the time to quote the judgement in full.

This site is not journalism, and neither is 9 to 5 Mac. They're blogs.

If you want "journalism," go to the source article: http://www.bloomberg.com/news/2012-...le-ruling-over-not-as-cool-galaxy-tablet.html

 

[lilo777]

So far Apple has lost almost all court decisions (with exception of non-consequential ruling by a German judge which stopped sales of original Tab 10.1 but then found minor changes in Tab 10.1N sufficient to lift the ban) go against Apple with one notable exception of Lucy Koh who happened to be United States District Judge on the United States District Court for the Northern District of California (sharing headquarters with Apple). All her rulings so far were preliminary ones though and even if she rules in favor of Apple it is likely that her decisions will be overturned on appeal.

 

[kdarling]

The news mentions 50 items of prior art were used in the judgement. It'd be interesting to see them all.

A large mention was made of the Ozolins U.S. design patent, so I went looking. Turns out it predates the 2004 Apple design patent, and includes this description:

"The optical properties of the first and second portions of the cover are selected to present an appearance of a uniform cover without a bezel when the display device is not displaying an image." Such a flat screen is one of the major design features that Apple wants to claim as theirs alone.

 

[Peace]

No, no that picture is not one of the courts prior art.

Try again

"“However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."

How's this one ? HP TC1000

 

[Oletros]

So far Apple has lost almost all court decisions (with exception of non-consequential ruling by a German judge which stopped sales of original Tab 10.1 but then found minor changes in Tab 10.1N sufficient to lift the ban) go against Apple with one notable exception of Lucy Koh who happened to be United States District Judge on the United States District Court for the Northern District of California (sharing headquarters with Apple). All her rulings so far were preliminary ones though and even if she rules in favor of Apple it is likely that her decisions will be overturned on appeal.

Her ruling against preliminar injunction was overruled

 

[Oletros]

"“However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."

How's this one ?

Try again, I'm sure you have found a lot of pictures of the TC without the attachable keyboard

 

[Peace]

Try again, I'm sure you have found a lot of pictures of the TC without the attachable keyboard

That is my point.

Neither the galaxy tab or the ipad have attachable keyboards.

The TC is more of a mini notebook than a real tablet.

 

[wikus]

LOL @ Apple

 

[Drunken Master]

In related news: Judges teenage son cringes at fathers use of dated slang.

The word "cool" is dated?

Um, sounds like someone isn't part of the cool kids.

 

[mactmaster]

 

[BobCollins]

Maybe MacRumors should just start another site to cover Apples litigious efforts.

I am sick of the ongoing abuse of patent law by large companies. It has become another self supporting profit center. In my observation, companies who engage in patent abuse are on their downhill slide in their real product development.

Sort of like advertising ISO 9001 as if people cared.