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I think this explains it a little better....

“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.

“Equally important, the court also found distinct differences between the Samsung and Apple tablet designs, which the court claimed were apparent to the naked eye. For instance, the court cited noticeable differences in the front surface design and in the thinness of the side profile. The court found the most vivid differences in the rear surface design, a part of tablets that allows designers a high degree of freedom for creativity, as there are no display panels, buttons, or any technical functions. Samsung was recognised by the court for having leveraged such conditions of the rear surface to clearly differentiate its tablet products through ‘visible detailing.’

Prior art my ____. The only thing they need to be shown is Samsung's products before iPad/iPhone and Samsung's products after iPad/iPhone. And not a picture of a screen with icons on it - the function of the devices. It's easy to think, "Well, all tablets should be like an iPad, it's obvious, just look at how it works…" And that's the trap. They didn't before and now they do. Theft, outright theft.

I'm afraid, Apple is going about this badly. What's at issue here is :-
  • customer walks into electronics shop
  • asks to buy an iPad/iPhone
  • customer is shown Samsung rip off and told "it's as good as an iPad"
  • not told - sales-stooge gets better kick-back from Samsung
  • walks away with half-arsed tablet and thinks iPads are stupid and dumb too
  • Apple's business is harmed

I used a Galaxy S III the other day, talk about looking like, but not acting like. And people are being sold these all over the world as - "as good as". And Apple's in court trying to argue physical similarities… wrong move.
 
I disagree with your post and premise 100%. And what a forum cliche "I used a Galaxy S III the other day." It's not acting like an iPhone because it's not an iPhone. It's an Android phone.

It's selling well because it's a good phone with good specs. Many of which are, indeed, better than the iPhone. I know that's a hard thing to digest - but you'll simply have to get over it.

The Galaxy S III also doesn't look like an iPhone at all. If you think it looks "like" one - I question your vision. Sincerely.

You want to believe that people are being duped into buying the Galaxy S III? Oh please. You can't be serious.

Prior art my ____. The only thing they need to be shown is Samsung's products before iPad/iPhone and Samsung's products after iPad/iPhone. And not a picture of a screen with icons on it - the function of the devices. It's easy to think, "Well, all tablets should be like an iPad, it's obvious, just look at how it works…" And that's the trap. They didn't before and now they do. Theft, outright theft.

I'm afraid, Apple is going about this badly. What's at issue here is :-
  • customer walks into electronics shop
  • asks to buy an iPad/iPhone
  • customer is shown Samsung rip off and told "it's as good as an iPad"
  • not told - sales-stooge gets better kick-back from Samsung
  • walks away with half-arsed tablet and thinks iPads are stupid and dumb too
  • Apple's business is harmed

I used a Galaxy S III the other day, talk about looking like, but not acting like. And people are being sold these all over the world as - "as good as". And Apple's in court trying to argue physical similarities… wrong move.
 
Does anyone really care? I bought a Nexus 7 and it's twice the tablet at half the cost.
 
"Apple has 21 days in which to appeal the ruling."

Now if Apple wants to appeal the ruling, they'll have to argue that the Samsung tablet is "as cool" as the iPad.

My thought exactly-- this quote might be seen as a dig at Samsung, but it's Apple that it puts in a corner. Is it worth the marketing gaffe to gain legal advantage.

"Your Honor, we submit that the Galaxy Tab is every bit as cool as the iPad, and these are the reasons why."

Also, is Apple going to get countersued if they make the next iPad as thin as Galaxy?
 
People...filing an appeal does not necessarily mean the appellant disagrees with every assertion or finding made by the court in the adverse ruling. Apple's decision whether or not to appeal will have nothing to do with the court's finding that Apple's product is more "cool" than Samsung's.
 
The decision came in a good time for Samsung and they must be celebrating as they will be able to counter Apple's iPad in a better way after winning the case in UK. But still as the decision says that Samsung Tablets are not as Cool, that is something that would hurt Samsung... :p as it came as a review before release of the product!
 
Apple is in an awkward position... If they appeal, does it mean they think "Samsung's products are cool after all"? :D
 
You've got to admit...

We have the coolest Judges in the world, here in Blighty.

Common sense prevails...
 
This is a little ironic don't you think? Page after page of people delighting in a judge ruling against Apple, because he used the term "not as cool" in his subjective summing up of the case.

Now if this man was a tech expert or regular consumer reviewer his opinion may carry a little weight. But no, he's a judge, i.e. possibly upper class, born with a silver spoon, iPad/iPhone/iMac/iEverything owning type, that thinks fixing a computer involves picking up the phone and calling a repair person or an on/off switch. A typical victim of the hype machine and huge over exposure to Apple products that we get in the UK.

One man's cool is another man's eyesore, so the willingness to take a non tech savvy judges opinion as gospel is it pains me to say, sheepish behaviour.

Flame me all you want, but I see no joy in celebrating a courtroom defeat that could have far reaching implications for every other design based lawsuit that Apple bring within the EU. EU courts are obliged to consider other similar cases within EU member states as part of their process. So this coupled with the HTC patent dismissals is a big blow for Apple in Europe.

So I fail to see where the victory is for Apple here. Anybody considering non Apple products has already gone beyond the stage of product hype and are buying based upon most likely, hardware specifications or their own functional requirements. So a judge expressing a personal opinion has non effect on the sales figures of the Samsung (Android/Windows 8) devices, but the availability of products in competition to the iPad will have an effect on Apple's sales by virtue of the fact that they exist and offer the consumer an alternative.
 
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So, they have 21 days to appeal the ruling that their tablets are cooler?? :)

"Your Honor, we submit that the Galaxy Tab is every bit as cool as the iPad, and these are the reasons why."

The thing is, If Apple appeals on those grounds, it still doesn't change the judge's decision, since he didn't say the Galaxy Tab was not infringing based on "coolness".

Did you guys read the decision ? It's based on 2 points :

- The backs and sides of the devices are quite different and sets them apart.
- The front of the devices look a lot like each other, but there is so much prior art and registered designs that also do and pre-date Apple's 2004 registration, that it is moot.

It's on the prior art and other designs that Apple must appeal, not "Galaxy Tab is as cool!".

:rolleyes:

Read the article people, not the inflammatory title.

----------

This is a little ironic don't you think? Page after page of people delighting in a judge ruling against Apple, because he used the term "not as cool" in his subjective summing up of the case.

I also see a bunch of people that are butthurt by it, calling the judge some kind of hipster. ;)

Can't we discuss the real decision which has an impact as a precedent against Apple's EU design registration 607 instead ?

Apple now has 2 losts with that registration vs 1 win in the EU. It's not looking good.
 
In related news: Judges teenage son cringes at fathers use of dated slang.

"Cool" is outdated? Well, so what? Oh, that's right, being fasionable is very important to Apple fanboys isn't it?

While it's "cool" and all that he said this, Apple didn't file a lawsuit for affirmation... They already knew their product was cooler, their bank account told them that ;)

What's your point? You make it sound like the judge said what he said because he wanted to please Apple.

Wow, burned.
Not sure if the judge should've said that since it's just opinion.

You should realize that the judge didn't express his personal opinion, what he said reflected the general consumers opinion on the iPad and he used it to explain why consumers wont be confused by the two different products.

The argument they are likely to use is that the judge pulled apart the various design elements to seek prior art on each element rather than the totality or how Apple applied the elements. Say like the 'frame' around the screen. Yes basically every tablet style device has that frame but before Apple was it flat and under the glass or some other style.

So in other words they would revert to the same old "look and feel" argument that has already been dismissed so many times.

It looks like a blatant copy to me.... whatever judge!

Lately judges seem to rule on opinion rather then logic or law. :rolleyes:

So,
you don't agree with a judges decision == activist judge
and
logic / law == your personal opinion

Gotcha

I find it odd that whenever some judge rules in favor of Apple people here call the judge wrong but when a judge rules in favor of samsung people here call the judge right.


just my view.

:rolleyes:

My experience with these forums are pretty much the exact opposite. Or rather, it's often not as polite as "right" or "wrong", whenever a judge is ruling against Apple he/she is being called "moron", "idiot", "clown" or some other derogatory remark.


Old, discussed, explained, dismissed.

Prior art my ____. The only thing they need to be shown is Samsung's products before iPad/iPhone and Samsung's products after iPad/iPhone. And not a picture of a screen with icons on it - the function of the devices. It's easy to think, "Well, all tablets should be like an iPad, it's obvious, just look at how it works…" And that's the trap. They didn't before and now they do. Theft, outright theft.

I'm afraid, Apple is going about this badly. What's at issue here is :-
  • customer walks into electronics shop
  • asks to buy an iPad/iPhone
  • customer is shown Samsung rip off and told "it's as good as an iPad"
  • not told - sales-stooge gets better kick-back from Samsung
  • walks away with half-arsed tablet and thinks iPads are stupid and dumb too
  • Apple's business is harmed

I used a Galaxy S III the other day, talk about looking like, but not acting like. And people are being sold these all over the world as - "as good as". And Apple's in court trying to argue physical similarities… wrong move.

If Apple wanted to battle in court over software rather than physical similarities they wouldn't battle with Samsung, they would go against Google since Google makes the sw, but it seems like Apple don't have the guts.
 
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Glad to see there are judges out there that apply common sense. The judge nailed it, people are not going to be confusing the Samsung offering with the Apple offering.

The Publis are not morons, just lawyers it seems!
 
iOS apologist are delusional!

As I type this message from my 64GB 3rd gen Verizon iPad, I can honestly tell you that iOS is the absolute WORST operating system I've ever seen! EVER! It's so limited that if any of you ever really used any version of Android, you'd be shocked! That fact that it doesn't have flash renders this thing absolutely useless, and please don't mention those pathetic flash browsers on sell in the app store! Also don't mention jail braking the device cause if you have to hack the device just to get it to do basic stuff, by default that implies that the OS is useless! I really wish you iOS freaks would wake up!:mad:
 
As I type this message from my 64GB 3rd gen Verizon iPad, I can honestly tell you that iOS is the absolute WORST operating system I've ever seen! EVER! It's so limited that if any of you ever really used any version of Android, you'd be shocked! That fact that it doesn't have flash renders this thing absolutely useless, and please don't mention those pathetic flash browsers on sell in the app store! Also don't mention jail braking the device cause if you have to hack the device just to get it to do basic stuff, by default that implies that the OS is useless! I really wish you iOS freaks would wake up!:mad:

Don't worry, I won't mention neither the Flash browsers nor jailbreaking. I will only say that the absolutely useless thing is Flash itself, so its absence from the iPad doesn't in any way make the iPad less useful.
1 - 0 is still 1
 
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