Apple offered alternative designs for Galaxy Tab to protect patents
In its July court case seeking a sales ban of the Galaxy Tab 10.1, Apple offered alternative design suggestions for the tablet in order to counter Samsung's claim that iPad and iPhone design patents were dictated by their function, and thus universal.
Public versions of legal briefs released on Friday reveal that Apple had to illustrate the design of the iPad and iPhone were based on aesthetics by giving Samsung a list of tweaks it could make to differentiate the two tablets, reports The Verge.
The Korean electronics company argued that the patents Apple is using against the Galaxy Tab were based on functionality, and are thus required by all smartphones and tablet computers as part of a basic utilitarian design.
Samsung says that it had no choice but to use the design elements in question, but Apple asserts that other options were available and that the Korean company purposely violated standing patents. To prove its point, the Cupertino, Calif. tech giant generated a list of possible alternatives that included:
A front surface that is not black.
A shape that is not rectangular.
No rounded corners.
A front surface that is not flat.
Varying Bezel size.
A device that is not thin.
A cluttered appearance.
In response, Samsung made slight changes to its device and rebranded it the Galaxy Tab 10.1N to skirt a permanent ban in Germany. Apple, however, did not feel the changes were substantial enough to warrant the lifting of the injunction, and asked the German court to ban the remodeled version as well.
The news is an interesting side-note to the ongoing worldwide patent dispute in which the two companies are currently embroiled. Apple has won two injunctions, in Germany and Australia, however the latter was recently overturned and is under appeal.
Illustration from court brief comparing iPad and Galaxy Tab profiles | Source: The Verge
Public versions of legal briefs released on Friday reveal that Apple had to illustrate the design of the iPad and iPhone were based on aesthetics by giving Samsung a list of tweaks it could make to differentiate the two tablets, reports The Verge.
The Korean electronics company argued that the patents Apple is using against the Galaxy Tab were based on functionality, and are thus required by all smartphones and tablet computers as part of a basic utilitarian design.
Samsung says that it had no choice but to use the design elements in question, but Apple asserts that other options were available and that the Korean company purposely violated standing patents. To prove its point, the Cupertino, Calif. tech giant generated a list of possible alternatives that included:
A front surface that is not black.
A shape that is not rectangular.
No rounded corners.
A front surface that is not flat.
Varying Bezel size.
A device that is not thin.
A cluttered appearance.
In response, Samsung made slight changes to its device and rebranded it the Galaxy Tab 10.1N to skirt a permanent ban in Germany. Apple, however, did not feel the changes were substantial enough to warrant the lifting of the injunction, and asked the German court to ban the remodeled version as well.
The news is an interesting side-note to the ongoing worldwide patent dispute in which the two companies are currently embroiled. Apple has won two injunctions, in Germany and Australia, however the latter was recently overturned and is under appeal.
Illustration from court brief comparing iPad and Galaxy Tab profiles | Source: The Verge
Comments
"Not Thin" are they serious!
A device that is not thin.
A cluttered appearance.
LOL. Almost feels like Apple is trollin' Samsung
LOL. Almost feels like Apple is trollin' Samsung
I was trying to say that in the first post but you said it better
After Samesung gets their nuts kicked up into their throat, they'll think twice about ripping off Apple again. But considering Apple is the bar by which all else is measured, that may be tough for them.
Forget those hypotheticals and that list of vague “elements"... there have been tons of other companies' tablet designs that look different from the iPad (to say nothing of Samsung’s cloned Apple packaging, charger design, “smart cover”/colors, cable-ends, etc. etc.):
There we have lots of variety: past, present, and over-hyped future.
And then here’s what Samsung did.
Forget those hypotheticals and that list of vague ?elements"... there have been tons of other companies' tablet designs that look different from the iPad (to say nothing of Samsung?s cloned Apple packaging, charger design, ?smart cover?/colors, cable-ends, etc. etc.):
There we have lots of variety: past, present, and over-hyped future.
And then here?s what Samsung did.
That tells the whole story.
[?]
And then here?s what Samsung did.
I'd like to see DaHarder explain that. I'm sure he'll counter with another pic of his "collection".
I was trying to say that in the first post but you said it better
I hope so, but unfortunately, I think Apple just gave the "OMG Apple claims exclusive rights to thin rectangular devices" crowd a whole lot of fuel.
I hope so, but unfortunately, I think Apple just gave the "OMG Apple claims exclusive rights to thin rectangular devices" crowd a whole lot of fuel.
If Apple has some bigger plan in mind I can't see it. These suggestions are in the same class as the crazy trolls that post here. They either have to be crazy or they are making a funny.
Apple is being ridiculous.
Perhaps Apple should submit actual designs instead of a few generic ideas for Samsung to use?
Perhaps Apple should submit actual designs instead of a few generic ideas for Samsung to use?
I'd like to see DaHarder explain that. I'm sure he'll counter with another pic of his "collection".
Well, allow me to play devil's advocate here--
While samsung may not have had a tablet like the ipad prior to the... ipad, they DID have a device that incorporated many of the design elements Apple is claiming against them. We all know what device I'm hinting at here *cough* digital photos *cough*
So, can samsung claim that they based their design of the galaxy tab 10.1 off said device, and not the iPad? Can they claim the resulting thinness to be a natural evolution of the progress of technology?
Well, allow me to play devil's advocate here--
While samsung may not have had a tablet like the ipad prior to the... ipad, they DID have a device that incorporated many of the design elements Apple is claiming against them. We all know what device I'm hinting at here *cough* digital photos *cough*
So, can samsung claim that they based their design of the galaxy tab 10.1 off said device, and not the iPad? Can they claim the resulting thinness to be a natural evolution of the progress of technology?
That digital photo viewer only resembles the iPad on one plane in one view, not all of them. And then there is Samsung copying iOS for their UI layer. I think Samsung is clearly a KIRF, but I don't think any one of these listings are an issue, a right for Apple, and really just makes Apple look silly.
That digital photo viewer only resembles the iPad on one plane in one view, not all of them. And then there is Samsung copying iOS for their UI layer. I think Samsung is clearly a KIRF, but I don't think any one of these listings are an issue, a right for Apple, and really just makes Apple look silly.
Right, the photo view was a thick bulky piece of hardware. But can Samsung claim that making that device thinner would be a natural evolution of technology?
With all due respect, I have to disagree on the UI layer. Sure, on the Galaxy S with touchwiz 3, it mimic iOS a little too closely, but, from my limited experience with the tab 10.1, those customizations are not present. It is running, for the most part, stock honeycomb.
That digital photo viewer only resembles the iPad on one plane in one view, not all of them. And then there is Samsung copying iOS for their UI layer. I think Samsung is clearly a KIRF, but I don't think any one of these listings are an issue, a right for Apple, and really just makes Apple look silly.
Though I certainly agree that this does 'just make Apple look silly', I'd really like to know exactly how Samsung copied' "iOS for their UI layer", given that they look/function quite different... Do Tell?