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View Full Version : Apple’s Underhanded Tactics Won’t Keep Samsung Down As Ban On Galaxy Tablet Gets Lift



Geek4414
20-08-2011, 01:38 AM
Interesting, sounds like some desparation setting in??

http://thetechmessenger.com/2011/08/16/apples-underhanded-tactics-wont-keep-samsung-down-as-ban-on-galaxy-tablet-gets-lifted-for-now/

http://androidcommunity.com/apples-evidence-in-galaxy-tab-injunction-case-may-have-been-flawed-20110815/

Digby
20-08-2011, 12:54 PM
Yes Apple give up.
The touch screen was invented years ago.
Palo Alto invented the mouse.

OK you have a nice pretty design.

I see the US authorities are getting worried about all of these patent wars that may have an effect on innovation.

wainuitech
20-08-2011, 01:59 PM
With the courts agreeing that the Samsung tablet looked identical to Apple’s iPad, the banned seemed like it was going to stand….but wait, this is where it gets good.

Yesterday it was found out that Apple adjusted the aspect ratio of the picture of the Galaxy tablet to closely to the iPad.


:lol: :lol: -- Just a little tweak here and there of the picture -- Look its the same -- Good Tui's ad

plod
20-08-2011, 06:48 PM
Can't wait till google starts using under handed tactics with the 11000 odd patents their have just purchased.
And could Android be in breach already here (http://www.theregister.co.uk/2011/08/15/android_gpl/)

Geek4414
20-08-2011, 11:24 PM
Call for urgent patent law reform ...

http://lawpundit.blogspot.com/2011/08/did-apple-lawyers-use-false-and.html

Open barbarians poised to storm Apple's gate Steve Jobs in denial?

http://www.theregister.co.uk/2011/06/21/apples_openness_problem/

Chilling_Silence
21-08-2011, 12:00 AM
24,000 patents I think, or 24,500-ish ....

And that myth has already been debunked:
http://www.zdnet.com/blog/open-source/android-linux-fud-debunked/8549?tag=content;siu-container

Geek4414
21-08-2011, 12:53 AM
Why Google Bought Motorola Mobility, And What It Means...

http://www.fastcompany.com/1773548/google-bought-motorola-mobility-12-point-five-billion-what-it-means


The 8 things Android fans can expect fromthe Google Motorola deal ...

http://www.tested.com/news/the-8-things-android-fans-can-expect-from-the-google-motorola-deal/2742/

Geek4414
21-08-2011, 01:10 AM
Should Google Have Dropped Android Instead of Buying Motorola?

http://www.forbes.com/sites/chunkamui/2011/08/19/should-google-have-dropped-android-instead-of-buying-motorola/

dugimodo
22-08-2011, 10:10 AM
I saw a chart of all the smart phone companies that are sueing each other, basically a square with arrows going in all directions. Seems these guys spend way too much time and effort trying to shut each other down, imagine if that extra effort was put into product development instead.

Chilling_Silence
22-08-2011, 10:57 AM
Infographic:
http://phandroid.com/2011/08/19/getting-your-mobile-patent-suits-straight-infographic/

wainuitech
22-08-2011, 11:04 AM
That graph makes a change :D every ones NOT suing Microsoft for once.

Chilling_Silence
22-08-2011, 11:19 AM
Yes, *that* is true ...

Geek4414
22-08-2011, 12:05 PM
I saw a chart of all the smart phone companies that are sueing each other, basically a square with arrows going in all directions. Seems these guys spend way too much time and effort trying to shut each other down, imagine if that extra effort was put into product development instead.

Exactly, and competition is good for the consumers. If Apple shuts down Android, they will be able to slow down innovation (as usual) and charge people heaps of money for incremental improvements on their platform. They only added a lot of features because of the competition, and some of the so call new ideas in iOS5 came from Android!

Apple never invented any of their stuff, they either bought them or stole them to start with ... coming from the horse's mouth ...
http://www.youtube.com/watch?v=CW0DUg63lqU

Forget Google, DoJ Fears Apple Gaining Nortel's "Stockpile Of Nuclear Weapons" — Here's Why
http://techcrunch.com/2011/06/03/google-apple-nortel-patents/

Interesting comment ...
David Walsh
The whole patent system is fundamentally flawed and is in dire need of an overhaul. It probably made sense in 1901. It mainly rewards legalized crime today. It's purpose should be have a great unique idea, build it and sell it and patent it to protect DIRECT obvious copies. If somebody builds a better, evolved version of your idea, well, that's business my friend. And patenting obvious generic ideas that you never plan to even develop and then use legalese to extort cash. Pure slime.

Also interesting ...

Apple vs. Samsung: Apple Stoles Samsung’s Design?
http://applemonday.com/2011/04/apple-vs-samsung-apple-stoles-samsungs-design/

Apparently, the above has been debunked, but Samsung couldn't possibly pull off the design in 1 to 2 months after Apple unvieled the iphone design.


Some more good comments ...

SFreptile 4 months ago
Who is going to care who's first anymore with the new changes in the U.S. patent laws rewarding first to file not first to invent.
Well, first to file is 4F, i.e., First to File Fosters Fraud. Anyway, Apple with its 200 patent apps. will recapture what was old and claim it is new and win. Just my opinion people.


PatentERA_Sundown 4 months ago
Patent lawsuits become a marketing move to call somebody a copypaster and itself as an innovator.
NOKIA which can't win the 40-patents lawsuit against Apple, without which Apple couldn't create ANY phone or tablet means that tech patents are finally nothing but a kind of media pressure on competitors.

Digby
22-08-2011, 12:34 PM
I wonder if Google would like to buy my patent ?

Whats Sergie's phone number ?

Geek4414
22-08-2011, 12:39 PM
More intesting comments from the net ...

Samdroid 1 month ago
Apple stole the iPod from Kane Kramer, stole the MacOS "dock" from RISC OS, Was sued by Burst.com and settled for the technology used in the iPod and iTunes, Stole the iPhone from LG Prada (the first capacitive touch screen phone), and NeoNode (the first optical touch screen phone), Stole parts of iOS (like swipe to unlock etc) from NeoNode, Sued by Nokia and settledfor patents related to GSM and UMTS standards as well as 802.11 WiFi technologies, Sued by Cisco and settled for using the "iPhone" name, Stole the Finder icon from a Picasso painting, Stole the App Store from Sony and Jailbreak/Cydia, and (with Bill) Stole the mouse/cursor interface from Xerox. innovative??


Samdroid 1 week ago
And...He copied Android features that include Notifications, Wireless syncing, Tabbed browsing, New split keyboard, Open apps from the lock screen, and Over the air updates. And he has the balls to sue others?


RL 1 week ago in reply to Samdroid
And not to mention without their stealing the GUI from Xerox Apple may not even exist


guest1110011 1 month ago in reply to bootak
well truth is, iphone 4 came out with a good physical attribute and it was a success, but their platform clearly sucks... im nt saying apple is not innovating, yeah for sure their start was good, but thats the end of it... they had a good start, the rest is just a copy of android...
front facing camera came out long ago in korea with the galaxy s, and 6 months later, apple RUSHES out their phone and marketed it as FACETIME, while this is a old skool technology
now iCloud?
New ios slide down notification?
widgets?
lol
it wnt be long where they shall also have a homescreen and live wallpaper... as compared to their "homescreen" hidden behind apps
i like iphone great start, but someone else is steppin up.
1 more thing, get out of ur iphone mentality and use an android for some time, i did that, and i clearly trashed my iphone and never going back unless i see something more customisable...


datawrecker 3 months ago in reply to bootak
The Galaxy outsold iPhone in Japan, S.Korea and even the European region.
iPhone is failing because they innovated on the initail device and then sat on it for years. How long did it take the iPhone to get a camera when even the cheapest flip phone had them? It took how long to implement Multitasking, SMS, MMS? Apple has stirred up a market it can no longer compete in.

Take the iPhone 5. If rumored correctly it should be dual core. By the time it is release, the first quad core phone will be announced within to months (if Apple can . Not to mention other phones with 1080p recording, 3D recording, glasses free 3D screens, even the Android OS is becoming more polished than iOS because it Apple just cannot keep up.

Apple is an excellent designer. However, other manufacters are continually implementing better hardware, sturdier and better looking designs, and OSes that are growing at an amazing rate. Apple is about to get steamrolled by a market that it made it what it is today. (talk about drowning in your own feces)


Tryten9 3 months ago in reply to Dai
I said nothing of marketshare. It is going o take some time for anyone to unseat Apple's large portion of the market. We all know that. It is a fact that Samsung did outsell the iPhone in all of those Areas.

Don't get upset, it was bound to happen. Apple is known for stirring things up and then falling flat on its face.


WiredEarp 4 months ago in reply to East Coaster
I actually think the app store is better on Android. It really annoys me having to enter a password to 'buy' a free app on the apple store... I know it caches it for 30 minutes or so but still a PITA, and was a bit difficult to explain to my dad that he needed to put in his credit card to download a FREE app for his iPad...


Xpple 4 months ago in reply to Elie Ayoub
yep, they both are just a screen, black border around the screen, plastic at the top and bottom of the screen, and icons. . .

Funny. . . they aren't talking about the LG Prada that won the IF award in Sep 2006 and looks like these.

Geek4414
22-08-2011, 12:42 PM
Regarding the debunking of the Samsung F700 vs iphone vs LG Prada, who is first ... http://www.slashgear.com/iphone-samsung-f700-prada-phone-rumors-debunked-20147320/

Read some of the comments ...

Poseidon 4 months ago
How can the Author even claim to have to 'debunked' the Prada rumor? Do you really think they started creating and assembling the phones within a period of 1 month?

Since 18th January was the date of the official "release" and not "announcement", it would mean that Prada was in the works much before the "announcement" of the iPhone. Coming up with the idea, then announcing, releasing and delivering the final product within a period of 1 month just doesn't cut it in the real world. Think it through thoroughly before trying to assert a baseless opinion.


Guest 4 months ago
I don't know why people are making it a big fuss when 1: There are lawsuits like this all the time and 2: How can you make a full touchscreen phone VERY different from one another?! They all practicly have the same style and really what matters is the HARDWARE and OS and maybe THE SIZE (for personal taste). iPhone can't be compared hardware and OS wise to say, the Evo, Thunderbolt, Atrix, and the "Droid" line. All these phones are superior in almost every way. Apple only cares about the products look and can't quite keep up with the latest tech. I mean if you don't care about having some more up to date and don't understand technology, fine, go buy something with ios. Apple is hurt and that's why it's attacking Android more and more. They see that it's going to be almost impossible to win the smartphone market and are willing to do almost anything to try and stay on top of the "TABLET WARS." Steve Jobs said the Xoom copied the tablet "idea." Dude, the first one was the Ideos Tablet S7 made by Huawei that came out January 2010 while your stinking iPad came out in April of 2010. Either way it's like saying Burger King copied McDonalds.....


Robert 4 months ago
All this proves to me is my innitial thoughts were correct.
Its a pretty ****ing obvious design...
Do you know why no1 has been innovative enough to have a rectangular backplate shaped smartphone?
Because its Nerfing obvious to have a rounded back on a flat screen.
If apple had its way every single car manufacturer would have different shaped wheels on their car. Holden round. ford square. Ferrari hexagon.
This whole thing is flipping stupid. Apple driven to desperate measures suing any android phone manufacturer because it cant sue google directly.
They failed against HTC - so now they are leveling their guns at the up and coming #2 producer.
A producer that only a month or so ago made Jobs look like a douche by beating their form factor, beating their weight and matching ther form factor on a tablet design.


TradeDress 4 months ago in reply to n900mixalot
The trade dress patents are about a company attempting to deceive consumers by creating a "knockoff" of a product. In other words, Samsung has to violate enough of the trade dress patents in a way that would make their device look so similar to the iPhone that a consumer would be deceived into purchasing the Samsung device thinking that it's an iPhone.
I don't know about you but the big white lettered "Samsung" on the front of the device clearly indicates that it's not the iPhone. Not to mention the iPhone has a round single button and the Samsung devices have a big square button surrounded by two other buttons. Remember that Apple already lost a similar case to Meizu and their phone looked even more like the iPhone.
The best Apple has here is the UI infringement--claiming Samsung copied icons and the launcher. The grid of icons doesn't hold water because theirs years of prior art--see palm.
So. . . the big one is the launcher. Maybe Samsung will get slapped for that and maybe not because the LG Prada had 4 icons at the bottom also and as noted it won an award in Sep 2006 before the iPhone was shown, thus it demonstrates (regardless of patents) that there was a natural design tendency to this format.
Nonetheless. . . not much will happen with this anyways. By the time it gets to court smartphones will have changed significantly.


n900mixalot 4 months ago in reply to TradeDress
Hey thanks for clearing that up. What I just don't get though, is how Apple was ever granted a patent with claims like, "a square device with rounded edges, a "black bordered screen," etc. The claims are suuuper vague and I want to know more about why it was still granted. I know other manufacturers had to have objected.


Oletros 4 months ago
My God, I haven't read this:
"An interesting bit – the iPhone was for a while (and is sometimes still today) nicknamed the “Jesus Phone” – in September of 2007 the F700 was branded on Vodafone as the Croix, which translated from French to English is “cross.” Tinfoil hats!"
I want te same thing that you smoke to say things like this. Or it is koolaid?


Oletros 4 months ago
"By Rue Liu on Fri Dec 15th, 2006 Discuss [13]
One of the latest in LG’s slim stylish phones is the LG KE850. Although no official specs have been announced, some cool photos have surfaced for our ogling pleasure."
http://www.slashgear.com/lg-ke...
At least, youy can check your own site before "debunking" nothing
Look definitive to you?

Chilling_Silence
22-08-2011, 01:51 PM
You might like this blog article I wrote then Geek4414:
http://www.c2s.co.nz/blog/picking-apart-whats-new-in-ios5/

One thing I'm yet to add is this:
http://www.cultofmac.com/theres-a-cool-scientific-reason-why-ios-5s-round-buttons-are-awesome/109623
vs my current phone:
Attached file: screenshot_35.png (http://www.imagef1.net.nz/upload/screenshot_35.png) (63 KB)

Geek4414
22-08-2011, 02:32 PM
You might like this blog article I wrote then Geek4414:
http://www.c2s.co.nz/blog/picking-apart-whats-new-in-ios5/

One thing I'm yet to add is this:
http://www.cultofmac.com/theres-a-cool-scientific-reason-why-ios-5s-round-buttons-are-awesome/109623
vs my current phone:
Attached file: screenshot_35.png (http://www.imagef1.net.nz/upload/screenshot_35.png) (63 KB)

Well said. I don't know how they have the balls to claim they are years ahead. How long it took them to add cut and paste? Innovation my foot.

Granted, they are good at starting new things but then they always fall behind. Still remember when they switched to x86 architecture, they claimed they have doubled the speed of their Macs, while they have always claimed that the PowerPC Macs were way faster than PCs??

I bought an i7 Sony last year when the fastest MacBook was only i5 based. My Sony Z is full featured with all bells & whistles, full HD screen and yet only weighs 1.7kg, the MacBook Pro weighs a ton. But anyway I digressed. The main reason more people are buying Macs is because they can run Windows. In fact, I need to set up parallel on a MacBook today, so this guy can run his Window only buisness software. I also know anumber of people using their MacBookto run Windows7almost excusively.

I read some where that iphone/ipad sales now consititue over 70% of Apple's profit? No wonder they are scared.

Geek4414
22-08-2011, 03:55 PM
The Galaxy S was resized to match the iPhone 3G, according to an investigation by the Dutch sister site of Computerworld ...

http://news.cnet.com/8301-1035_3-20094830-94/apple-may-have-manipulated-images-in-samsung-case/


Jon Garrett 2 days ago in reply to fforblack
If Apple had an issue with Samsung's F700 looking too much like their iPhone, they should have taken up the issue at that time but they chose not to. then the Galaxy S came out and still, not a peep from Apple. Now; 4 years later, after Android's very swift and stunning success, apple wants to come out with the copy-cat lawsuits.

If Samsung was copying and ridding the success of the iPhones, why does the Galaxy S II still look like the Galaxy which still looks like the F700 and NOT the iPhone 4? if the Galaxy S II would have looked remotely like the iPhone 4 then yes, apple would have a solid case.



Jon Garrett 2 days ago in reply to Jrmas
Typical apple-fan hypocrisy.

On one hand you go on and on about apple investing money and all their research and development, then on the other hand you say "who made a successful tablet before the ipad"

So what is your argument really about? who made the first tablet or who made the first successful tablet.

Tablets were around long before apple was a household name so apple cannot take credit for inventing it or "innovating" as they like to call it when they copy. apple took the idea and improved on it, dramatically improved on it but why is it OK for apple to take an already existing technology and ideas and build on the foundations of others but others cant do the same with apple technology and ideas?

as for keeping apple in business., hmm Microsoft saved Apple from bankruptcy once already.

Geek4414
22-08-2011, 06:28 PM
Android Stats ... http://www.androlib.com/appstats.aspx

Estimated number of Applications downloaded in the Android Market
as at 5:28pm today ...

5,739,887,121

Digby
23-08-2011, 09:32 AM
Yes small computers have been out fro years and years.

All Apple did was to make them look good and add a touch screen.

The touch screen has been out for years.

Chilling_Silence
23-08-2011, 09:43 AM
This may interest you Geek4414: http://phandroid.com/2011/08/22/of-motorola-mobilitys-17000-and-7500-pending-patents-18-will-be-key-to-protecting-android/

Geek4414
23-08-2011, 03:17 PM
This may interest you Geek4414: http://phandroid.com/2011/08/22/of-motorola-mobilitys-17000-and-7500-pending-patents-18-will-be-key-to-protecting-android/

Thanks Chill, that's an interesting article, especially this comment by blaque_prince ...

"THIS is why they bought Moto. What took everybody so long to figure this out. As soon as they announced it I remembered that Moto lawsuit against Apple that everybody seems to have forgotten about. I basically wrote my own article in a comment on Engadget explaining it. If people believe Android is in trouble for possible injunctions at the hands of Oracle and Apple with the tablet suits then Apple is in trouble because that Moto suit covers almost their entire product line."

Geek4414
23-08-2011, 03:29 PM
More interesting articles ...

Google's Moto Mobility deal may have had Microsoft roots, comes with $2.5 billion break-up fee

http://www.engadget.com/2011/08/15/googles-moto-mobility-deal-may-have-had-microsoft-roots-comes/?a_dgi=aolshare_twitter

Interesting comment by dman977 4 days ago ...

Here is what I see the future holds....

For those handset manufacturers Google approves to use Android (those in the Open Handset Alliance),
Google will 'give' licensing rights to those manufacturers just as they gave money to manufacturers to use
Android in the beginning. I say 'give' as in literally give those rights to approved manufacturers for
protection against litigation. This is what I see happening, that is if the FTC does not force Google to
distribute those patents around like they did with the Nortel patents.

Google has a business model like no other software company out there. This is because Google's income is
from ads, not the selling of physical products. The more manufacturers they have using their products, the
more ad revenue they have coming in. Because of this, the only way they will use these Motorola Mobility
patents will be for the protection of Android and those who use Android to make their money (ie. Samsung, HTC, LG, etc).

This is also why they refused to join in with Apple, MS, Oracle, etc. They wanted sole rights to patents for
the purpose described above. Google bid on the Nortel patents merely to drive up the cost in order for those
involved in the winning bid to expel enough assets to eliminate them from contention for purchasing Motorola Mobility. This is also the reason for such a high opening bid.

Geek4414
23-08-2011, 04:50 PM
These comments (http://www.engadget.com/2011/08/15/did-apple-alter-photos-of-the-samsung-galaxy-tab-10-1-in-its-inj/#disqus_thread) are so funny ...


DeePo 6 days ago
Since I wanted to buy myself a Galaxy Tab but I couldn't just because a Judge was misleaded in his judgement by Apple's providing faux evidence , I think it's time for a huge EU class action against the Troll!!! I want Steve to go personally and buy me a SG Tab 10.1!!!


Alienfreak 6 days ago in reply to JamesKlingenberg
Apple will most likely loose that thing.
Looking at how the NL judge takes on that thing I am not confident it will stand there. And if doesn't stand in the NL even without altered photos we will soon see it fall in the whole EU.
And Apple will be entitled to pay for all the losses Samsung has. I guess :P


Abbadabaddodoo 6 days ago in reply to shaunhey
I had an advent calendar when I was younger that had a grid of icons on it too. Damn, people stole so much from Apple!


Wansai Ounkeo 6 days ago in reply to szpete1
It was pretty low down dude. The ban was made based on what evidence Apple provided (the pictures). Their law states quite clearly that even an honest mistake in representation is not acceptable; and in this case, this being Apple, there is no way in hell they accidentally "got the aspect ratio wrong" when placing the image. It was intentional.

Geek4414
23-08-2011, 04:52 PM
Apple hits setbacks in blocking Galaxy Tab sales

http://www.infoworld.com/t/tablets/apple-hits-setbacks-in-blocking-galaxy-tab-sales-170016?source=rss_mobile_technology

... Whether Apple intentionally provided a misleading visual comparison between the iPad and the Galaxy Tab is not clear; also unclear is whether it will have any impact on future decisions to be rendered by the court. Florian Müller, a consultant in intellectual property cases, told Webwereld that there was likely no malicious intent on the part of Apple's lawyers: The image may have been an outdated picture of a Galaxy Tab prototype from last April, he said.

However, the real Galaxy Tab 10.1 has been available to testers and reviewers since May, and the date on Apple's subpoena was Aug. 4, so Apple's lawyers should have had time to acquire and supply an accurate image. "Even if the image they presented was only outdated rather than forged, there is a chance that things tilt in favor of Samsung," Müller said.

Geek4414
24-08-2011, 12:57 PM
More Hilarious read on this blog post ...

http://www.phonearena.com/news/Samsungs-legal-defense-against-Apple-includes-wisecracks-the-LG-Prada-and-a-1994-tablet-newspaper-concept_id21209

A tablet from 1994, way before the ipad was ever conceived ...
Tablet Newspaper (1994) (http://www.youtube.com/watch?v=JBEtPQDQNcI)

So funny ... Sun Beats Apple Tablet ... http://www.youtube.com/watch?v=hWSIJbvvmXE

Actually, I vaguely remember a movie call "Runaway" from 1984/85 and in one scene a cop was using a "tablet" by a car, and I thought that was so cool! Can someone confirm that?

http://en.wikipedia.org/wiki/Runaway_(1984_film)
http://www.imdb.com/title/tt0088024/

Geek4414
24-08-2011, 01:44 PM
Scary ...

The Community Design: ...and you Thought the USPTO Was Bad (http://www.osnews.com/story/25056/The_Community_Design_and_you_Thought_the_USPTO_Was _Bad)

... However, there are several reasons why the Community Design - as it stands today - is basically a tool which companies can use to receive free preliminary injunctions.
The way that the Community Design is set up favours large companies heavily, allowing them to use it as a club to ban each other's products from entering the European Union.
...

... First, a filing does not contain any description. Only a general product category, and that's it. No description of what certain parts are for, no explanations of what buttons do, no nothing; just a few small, low-resolution photos (if you're lucky) or a few general lines (most cases).

Second, the registration process. The key problem here is that the drawings and/or photos in a Community Design are not actually reviewed. While a patent at the USPTO receives a review to check for obviousness and prior art, no such review process has been put in place for the Community Design.
The only thing the governing body of the Community Design, the OHIM, checks for is that the paperwork is in order, and that the names on the filing are correct. If those two conditions are met, the Community Design is granted, no questions asked. This lack of a review process is established in EC 06/2002 (Title V, Articles 45 and 47), and clearly mentioned on the OHIM website.

This is problematic because of Section 2, Article 85 of EC 06/2002. Article 85 states that a Community Design is always, by definition, valid. This explains why the German court in Düsseldorf granted the injunction. He did not grant it because he made an informed decision based on the contents of the Community Design; he granted it because he has no choice but to accept the Community Design as valid. So when Apple showed him all the necessary documentation and paperwork was in order, and that the Galaxy Tab 10.1 has roughly the same shape as Community Design 003781832 (which was filed in 2004, and as such, doesn't even cover the iPad to begin with, but we'll get to that later), the injunction was granted automatically.

Apple chose Düsseldorf specifically because of how injunctions work in Germany. You do not have to notify the defendant, and there's no need for a hearing. By law, the court has to assume the Community Design - which has not received any prior art or obviousness test of any kind - is valid, and since the Galaxy Tab is roughly of the same shape as Apple's Community Design, the judge grants the injunction.

Because of how these Community Design courts are set up, the ruling by the German court now automatically applies to the entire EU. So what is going on here is that companies can simply select the most favourable court system - the German one, in this case - file their injunction request there, and no matter how obvious their Community Design is, no matter how much prior art there is, the court has to accept it as valid, and rule with this presumed validity in mind.

Samsung now has the opportunity to contest this injunction, and the burden of proof lies entirely on Samsung's shoulders. They can try and prove that the Community Design is invalid because of, say, prior art; or they can argue that the Galaxy Tab doesn't look like the Community Design at all (my guess is they're going to try and do both). If Samsung manages to get the injunction lifted, Apple has to pay damages.

And so, a design that has never been reviewed by anyone turns into a weapon which can deal serious damage to a company. Samsung's Galaxy Tab 10.1 has been delayed at least by a few weeks, but that isn't all. This ruling also causes serious damage to Samsung's image, as people without any knowledge of how this Community Design thing works are now assuming that a court has ruled that Samsung is copying Apple's designs - even though no such ruling has taken place. I doubt this reputation damage can be expressed in a monetary value.

So, the filing process is broken, the court procedure is broken - and that isn't even all. The lack of proper review procedures leads to unbridled filing and wildgrowth of Community Designs. What you are about to see will make you laugh and cry at the same time.

Skipping over to the conclusion ...

Conclusion

I never expected this Community Design to be implemented this badly. As bad as US software patents are, at least infringement has to be proven (even for a preliminary injunction), and while marginal, at least the USPTO does some form of review before granting them. In addition, patents have to be worded, so there is the ability to write or design around them (to a degree).

The Community Designs are not reviewed, by definition valid once granted, and by filing in a country like Germany, you can be served with a preliminary injunction without ever knowing you've done something wrong. This injunction is possible to lift, of course, by convincing the courts of the invalidity of the Community Design in question - but this requires lengthy court cases, lots of funds, and at the end of the day, larger companies can always dig up another Community Design for you to invalidate.

Rinse and repeat.

This means the Community Design is basically a mostly unknown (to the public) tool for large companies to pummel each other as well as small, innovative start-ups to death with. All this only to the detriment of competition, and thus, to the detriment of consumers and mankind in general.

The Community Design needs to be overhauled considerably to better fulfill its indented function. A start would be to, in this day and age, only allow Community Designs based on actual, high-quality photographs of all sides of the device. In addition, only shipping devices may be granted - it is very detrimental to competition that large companies can just file endless variations of the same basic design.

Is this competition? Does this foster innovation? Is this good for the marketplace? Does this benefit consumers? Is this in any way conducive to a properly functioning market? Is this good for technological development? I think the United States Patent and Trademark Office has just met its match when it comes to incompetence. Amazing.

Jams
25-08-2011, 02:46 PM
.....

Michael?

Geek4414
26-08-2011, 03:25 PM
Good Artists Copy, Great Artists Steal (http://jonathanischwartz.wordpress.com/2010/03/09/good-artists-copy-great-artists-steal/) March 9, 2010 · 10:48 am

I feel for Google – Steve Jobs threatened to sue me, too.

In 2003, after I unveiled a prototype Linux desktop called Project Looking Glass*, Steve called my office to let me know the graphical effects were “stepping all over Apple’s IP.” (IP = Intellectual Property = patents, trademarks and copyrights.) If we moved forward to commercialize it, “I’ll just sue you.”

My response was simple. “Steve, I was just watching your last presentation, and Keynote looks identical to Concurrence – do you own that IP?” Concurrence was a presentation product built by Lighthouse Design, a company I’d help to found and which Sun acquired in 1996. Lighthouse built applications for NeXTSTEP, the Unix based operating system whose core would become the foundation for all Mac products after Apple acquired NeXT in 1996. Steve had used Concurrence for years, and as Apple built their own presentation tool, it was obvious where they’d found inspiration. “And last I checked, MacOS is now built on Unix. I think Sun has a few OS patents, too.” Steve was silent.

... [read more (http://jonathanischwartz.wordpress.com/2010/03/09/good-artists-copy-great-artists-steal/)]

Chilling_Silence
26-08-2011, 03:48 PM
I remember Project Looking Glass. Got it running back in like 2005 :D

Geek4414
26-08-2011, 05:24 PM
I remember Project Looking Glass. Got it running back in like 2005 :D

Well, obviously the almighty leader of the fruit cult has very short memory. LOL.

Geek4414
26-08-2011, 06:05 PM
More interesting tidbits about copycat acts and pots calling the kettle black etc ...

Looks like the fruit had to admit they infringed on Nokia's IP/patent and have to cough up. They think it's ok to steal Nokia's IP without paying while they claim other people stealing theirs? Go Figure. Spanked.


Apple agrees to pay Nokia patent licensing fees (http://news.cnet.com/8301-13579_3-20070970-37/apple-agrees-to-pay-nokia-patent-licensing-fees/)

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by Mergatroid Mania (4102 comments ) June 14, 2011 11:20 AM PDT
@solitare_pax

If the patent is so trivial, why is Apple willing to pay so much to license it?

The fact is, Nokia is one of the original earliest cell phone manufacturers and anyone making a cell phone these days better review what Nokia owns.

Obviously Apple took liberties they shouldn't have, which has now been proved as fact since they are paying the fees.

Personally I would have liked to see Nokia stick it to Apple, as in an injunction preventing them from selling until they remove the offending tech. Maybe that would teach the bully Apple a sweeter lesson.


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by Waam (343 comments ) June 14, 2011 1:43 PM PDT
608M sounds like a lot of money, but Apple is making billions per quarter off their iPhone. It's good they did this, but at the same time, I'm sure Nokia could have definitely gotten a whole lot more.

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by Mergatroid Mania (4102 comments ) June 14, 2011 11:24 AM PDT
If you listen to Apple and their fanboys, the patent system is only right when Apple sues.

Face it, Apple took something that didn't belong to them. No matter how you twist it, Apple was wrong.

Finally the bully gets shot down, a little at least.

BTW, Nokia likely has more cell related patents than any other company, other than perhaps Motorola. You think Apple should be able to help themselves? You think Apple would let other companies do that to Apple patents? Right, we all know the answer to that.

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by DrtyDogg (2234 comments ) June 14, 2011 4:49 PM PDT
@hawkeye_a: You are missing one very valid part, yes the Nokia/Microsoft deal has a lot to do with this. Nokia's patents mostly pertain to GSM communication and are rock solid, Apple's patents are mostly software/UI related. Microsoft and Apple have a cross licensing deal already in place. With Nokia ditching their OS and using Microsoft's OS Apple's case falls flat.

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by fudbuster77 (3525 comments ) June 14, 2011 9:21 AM PDT
"This is in every way win for Apple."

Well, except for that entire 'losing to Nokia' part that is the point of the lawsuits. Nokia will get a fat check for all past and current infringing products, and then continue to be paid by Apple to license the technology.

When a company comes to you and settles out of court, drops all counter lawsuits against you, and then pays you $XXX millions of dollars, then it's hard to consider that a 'win' for Apple.

I think Apple may just have to consider it a cost of doing business.

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by mbenedict (994 comments ) June 14, 2011 10:19 AM PDT
@Synthmeister:

It is absolutely NOT TRUE that Nokia demanded Apple to "pay much higher licensing fees". That would be ILLEGAL under US law and Apple would have had a very easy case to make against Nokia. The fact is, Apple realized their disadvantaged position and was forced to an agreement favoring Nokia.

A patent is a monopoly granted by the government to protect inventions. In exchange for this protection, the patent holder MUST agree to license the patent at a fair value. See for example IPCom vs. Nokia. IPCom refused to license patents acquired from Bosch at a fair price, until Nokia went to the European Commission to force IPCom to do just that.

Furthermore, in the US both the Sherman Anti-Trust Act and the Clayton Antitrust Act disallows charging different companies differing prices. If Nokia had demanded higher licensing fees from Apple, that could be construed as "restraint of trade" under the Sherman Act. The Clayton Act specifically forbids "price discrimination between purchasers" if such discrimination tends to create a monopoly -- which as explained above, would be true for patent cases by definition.

Geek4414
26-08-2011, 06:19 PM
Surpirsed ... Not ...

by Mergatroid Mania (4102 comments ) June 14, 2011 11:39 AM PDT
Apple sues a company over copying software or gestures:

Apple fanboy "Get them Apple. You invented gesturing so sue their a$$es off!!!!"

Apple gets sued by a company for stealing their hardware IP:

Apple fanboy "the patent system is broken!!! waaa waaaa, Apple's always right so they should be able to take whatever they want....waaaa....waaa...hey, wait a minute...didn't Apple invent that?"

Safari
26-08-2011, 07:17 PM
You seem to have an abnormal unhealthy obsession about this subject. Think you need to go and do something different instead of spending all your time searching for something to copy and paste here which is really of no interest to most people.
It will all worked out by greater minds than us so get a good book to read or go for a long walk in the fresh air.
Believe it or not there are more important things going on in the world.

paulw
26-08-2011, 08:09 PM
With a sig like Safari I assume your an Apple fanboi and would like to see all criticism of Crapple shut down..

Chilling_Silence
26-08-2011, 08:51 PM
I'm far from an apple fanatic, quite the opposite in fact, but I'm with Safari on this one...

Safari
26-08-2011, 09:17 PM
With a sig like Safari I assume your an Apple fanboi and would like to see all criticism of Crapple shut down..

I actually use both Mac and Windows Paul and find they both work fine for what I want to do. I have no problem with criticism of either platform but 20 posts about the same thing is a little tedious and not normal criticism in my view and should not be necessary to get a point across.

Geek4414
26-08-2011, 09:28 PM
With a sig like Safari I assume your an Apple fanboi and would like to see all criticism of Crapple shut down..

Ditto. I just don't understand why they can get away with so many anti-competitive practices while the mainstream media turn a complete blind eye to it. I believe the public need to know the true colour of their idol. You can call it an unhealthy interest but Apple is on the news everyday at the moment, without a mention of what they have done with the "alleged" forged evidence for the Germany court case.

Judging from the number of views on this thread, its far from being "of no interest to most people", may be only to the fanatic fanboys. I am surprised of the lack of smart come backs from them, probably due to the fact that they can't deny any of these??

Oh well, I will give this a rest, for now.

Chilling_Silence
26-08-2011, 09:34 PM
True, but the 'fanboys' aren't responsible for the actions of their 'leader' are they? Googles gone and done it before, like when they collected wifi details and violated a whole lot of privacy laws in dozens of countries... But it's not the end of the world, we're not about to turn around and say "OK, Google, you've been bad, time to leave all things Google and go elsewhere".

plod
26-08-2011, 10:14 PM
Ditto. I just don't understand why they can get away with so many anti-competitive practices while the mainstream media turn a complete blind eye to it. I believe the public need to know the true colour of their idol. You can call it an unhealthy interest but Apple is on the news everyday at the moment, without a mention of what they have done with the "alleged" forged evidence for the Germany court case.

Judging from the number of views on this thread, its far from being "of no interest to most people", may be only to the fanatic fanboys. I am surprised of the lack of smart come backs from them, probably due to the fact that they can't deny any of these??

Oh well, I will give this a rest, for now.
The number of views is just to see what **** you are posting. Me, I'm a big apple fan, but also very open minded and not blind. Apple is only doing what any other tech company would do or has already done. It would seem the the haters hate them when their minority market share with OSX or majority market share with IOS which I know their haven't got. Apple have always said their dont want to be the biggest only the ........

icow
26-08-2011, 11:33 PM
+1

Geek4414
31-08-2011, 01:23 AM
Warning: Do not read these if you cannot handle the truth ...

http://www.thinkdigit.com/forum/technology-news/145527-apple-vs-samsung-verdict-out-samsung-wins.html

http://www.theinquirer.net/inquirer/news/2104501/android-update-save-samsung-apples-claws


Inspired or copied ?

There are uncanny similarities ... who is the copycat?

http://5magazine.wordpress.com/2010/06/04/dieter-rams-less-but-better/

http://gizmodo.com/343641/1960s-braun-products-hold-the-secrets-to-apples-future