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Samsung misrepresented its surprise in EU iPad-clone ban

post #1 of 66
Thread Starter 
After Apple won a preliminary injunction against sales of the Galaxy Tab 10.1 in the EU, Samsung claimed that "injunction was filed with no notice" and that "the order was issued without any hearing or presentation of evidence from Samsung," but both claims appear to be false.

According to a report by FOSS Patents blogger Florian Mueller, the Landgericht Düsseldorf (German district court) issued a release yesterday noting that Samsung had actually filed a protective "pre-emptive opposition" pleading with the court a week before the injunction was granted.

After the court acted to stop sales of the Galaxy Tab, Samsung claimed in public that Apple had arranged the injunction with any notice and without any presentation of evidence by Samsung, but given that Samsung was actively filing papers against the injunction, those claims do not appear to fit the facts.

Mueller noted that, "This kind of communication strategy on Samsung's part is old-school spin doctoring and only serves to strengthen my impression that Samsung is in a legally weak position against Apple."



Samsung's misrepresentations down under

Samsung published a similarly non-factual response after Galaxy Tab 10.1 sales were blocked in Australia, claiming that "no injunction was issued by the court and the parties in the case reached a mutual agreement which stipulates that the variant in question will not be sold in Australia."

In the same press release, the company claimed both that its agreement with Apple was confined to "a Samsung GALAXY Tab 10.1 variant that Samsung Electronics had no plans of selling in Australia" and that "a Samsung GALAXY Tab 10.1 for the Australian market will be released in the near future," as if nothing had happened at all.

In reality, Apple demonstrated the currently shipping American version of the Galaxy Tab 10.1 to the court, which Samsung construed as being "a variant" that it "had no plans of selling in Australia," because the Australian version hadn't shipped yet.

Samsung agreed to ship Apple three editions of its Australian versions for review before going on sale in Australia, but those models weren't ready yet. The company has no ship date for the "variants" it plans to actually sell, and offers no comment on what will change to help get the devices past the intellectual property infringements that were holding up existing "variants."

Further, the only reason "no injunction was issued by the court" was because Samsung voluntarily agreed not to sell it, making a legal injunction unnecessary.

This all happened before

Samsung's wild public spin of the legal proceedings that are interrupting sales of the tablets Apple refers to as "slavish copying" of the iPad is reminiscent of the company's original introduction of the new model, which depicted actors presenting phony experiences of having their life changed by the as yet unreleased product.

Samsung also claimed its new Galaxy Tab 10.1, which was still months away from release, was lighter and thinner than Apple's iPad 2. Reviewers at InformationWeek comparing the new Galaxy Tab prototype against iPad 2 have since published photos that show that the iPad 2 is actually thinner than the nonfunctional cases Samsung demonstrated.



After asking Samsung for comment, the report stated, "there was really no official Samsung response other than to say that the specifications are 8.6 mm. He was at a loss for words."

Last fall, Samsung similarly announced sales of its original Galaxy Tab had reached 2 million, before admitting that its "sales" were simply inventory padding shipped to stores, and that actual sales to end users were far smaller.
post #2 of 66
This isn't really relevant but I think people will enjoy it anyway



Source Marco.org
post #3 of 66
what a pathetic company.
post #4 of 66
Quote:
Originally Posted by monstrosity View Post

what a pathetic company.

If this report is true.... How is this Blog any more valid than the last report from Samsung????
post #5 of 66
Quote:
Originally Posted by cloudgazer View Post

This isn't really relevant but I think people will enjoy it anyway



Source Marco.org

Wow, looking pretty good up against such legendarily successful gadgets
post #6 of 66
Quote:
Originally Posted by sranger View Post

If this report is true.... How is this Blog any more valid than the last report from Samsung????

What on earth do you mean? Samsung claimed that they hadn't had a chance to present their side of the case before the preliminary injunction. Mueller has turned up the fact that they did. Are you claiming that he's wrong? That he's lying? That it doesn't matter? What?
post #7 of 66
Spewing out knee-jerk reactions to Apple lawsuits might fool some of the people some of the time. But it won't fool any judges.

Samsung needs to learn that old cowboy saying: "Never miss a good opportunity to shut up."

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post #8 of 66
Quote:
Originally Posted by monstrosity View Post

Wow, looking pretty good up against such legendarily successful gadgets

I figured that was probably the point.

Besides, if they tossed the iPads, what, 30 million units, onto the graph, it would look a little distorted. Though that too would be fairly amusing.
The true measure of a man is how he treats someone that can do him absolutely no good.
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The true measure of a man is how he treats someone that can do him absolutely no good.
  Samuel Johnson
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post #9 of 66
Quote:
Originally Posted by cloudgazer View Post

What on earth do you mean? Samsung claimed that they hadn't had a chance to present their side of the case before the preliminary injunction. Mueller has turned up the fact that they did. Are you claiming that he's wrong? That he's lying? That it doesn't matter? What?

I am saying that his blog has not been validated any more than Samsung's claimes have been validated...

Yes, I think it is quite possible either one is lying, but which one?
post #10 of 66
Quote:
Originally Posted by sranger View Post

I am saying that his blog has not been validated any more than Samsung's claimes have been validated...

Yes, I think it is quite possible either one is lying, but which one?

Given the motivations of both, I'll take Mueller's posts over Sam 'Quite Smooth' Sung.
post #11 of 66
Quote:
Originally Posted by sranger View Post

I am saying that his blog has not been validated any more than Samsung's claimes have been validated...

Yes, I think it is quite possible either one is lying, but which one?

Since Samsung have a consistent practice of stretching the truth, then as they say 'leopards can't change their spots'
Unfortunately if you think that Samsung has not copied iPad, then you are blind or living in dreamland.
post #12 of 66
This is part of Samsung's strategy against Apple. lies lies lies.

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post #13 of 66
Quote:
Originally Posted by sranger View Post

I am saying that his blog has not been validated any more than Samsung's claimes have been validated...

Yes, I think it is quite possible either one is lying, but which one?

If you read his blog you'd note he discusses a press release, which he provides a link to.

http://www.lg-duesseldorf.nrw.de/pre...2009/11-09.pdf

I believe you'll find the relevant passage is

'Bei der Entscheidung lag der Kammer weiterhin eine Schutzschrift der Verfügungsbeklagten vom 29.07.2011 vor, in der diese im Wesentlichen vorgetragen haben, dem Antrag der Firma Apple Inc. fehle es an der für eine einstweilige Verfügung erforderlichen Dringlichkeit'

Which talks about the defendant having made a Schutzschrift on the 29th of July. My german is terrible so I'll not attempt a direct translation. Play with google translate a bit and you should be able to puzzle it out, or ask a friendly german of course.
post #14 of 66
Quote:
Originally Posted by Xian Zhu Xuande View Post

I figured that was probably the point.

I was aware that that was the point. I thought the graph was quite amusing.
post #15 of 66
Quote:
Originally Posted by sranger View Post

If this report is true.... How is this Blog any more valid than the last report from Samsung????

Sorry. I can't really be bothered to reply to this.
post #16 of 66
"Apple had arranged the injunction with any notice and…"

I think you mean without any notice...
post #17 of 66
Did anyone besides the Android apologists actually believe Samsung's bullshit. <rhetorical>
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na na na na na...
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post #18 of 66
Quote:
Originally Posted by cloudgazer View Post

This isn't really relevant but I think people will enjoy it anyway



Source Marco.org

I loved my turbo GFX16 and the portable gaming device (Lynx?) that used the same cartridges as the console. Loved the thin cartridges.

PS Samsung is grasping at straws.
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post #19 of 66
Quote:
Originally Posted by SockRolid View Post

Spewing out knee-jerk reactions to Apple lawsuits might fool some of the people some of the time. But it won't fool any judges.

Samsung needs to learn that old cowboy saying: "Never miss a good opportunity to shut up."

You haven't been reading the comments of Apple haters on CNET or the like. It has fooled all of those people all of the time. They cry for Samsung the "poor victim" and scream at Apple the "mean control freaks". It just goes to show you that people will believe their hearts more than the facts any day.

I started my career in part-time computer support for my organization and it was the facts that got me interested in Macs and Apple. It is my heart that makes me love the facts about Apple's greatness.
post #20 of 66
Mmmm... Maybe Sammy needs to be ensconced within a walled garden???
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post #21 of 66
I suspect somebody at Samsung studied under the great Lobachevski.
post #22 of 66
No surprise here. I've recently started reading Android related blogs and forums.

Stories are always spun to be pro Android. Everyone else is wrong... especially, Apple.

A common thread now is that Apple must litigate, since it cannot compete / innovate in the marketplace.
post #23 of 66
Quote:
Originally Posted by spliff monkey View Post

I loved my turbo GFX16 and the portable gaming device (Lynx?) that used the same cartridges as the console. Loved the thin cartridges.

The Lynx was an Atari product and used cartridges that were like triple-thick credit cards, no relation to the TurboGFX 16.
post #24 of 66
Quote:
Originally Posted by sranger View Post

I am saying that his blog has not been validated any more than Samsung's claimes have been validated...

Yes, I think it is quite possible either one is lying, but which one?

The blog and this article source a release from the court. If you have a better source.. Oh wait maybe the court is lying too. Maybe the same people who faked 9/11 and the moon landing made a fake release. Maybe the whole court is fake. I do not believe Germany is even a country.
post #25 of 66
Quote:
Originally Posted by Wovel View Post

The blog and this article source a release from the court. If you have a better source.. Oh wait maybe the court is lying too. Maybe the same people who faked 9/11 and the moon landing made a fake release. Maybe the whole court is fake. I do not believe Germany is even a country.

Elvis is behind the whole thing....
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post #26 of 66
Quote:
Originally Posted by souliisoul View Post

Since Samsung have a consistent practice of stretching the truth, then as they say 'leopards can't change their spots'
Unfortunately if you think that Samsung has not copied iPad, then you are blind or living in dreamland.


This is a Samsung digital photo frame from 2006. It looks just like a Galaxy Tab 10.1, only with a smaller screen.
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post #27 of 66
Be sure to watch the Knight-Ridder video from 1994 (which interestingly enough shows a Newton user in it):
http://www.slashgear.com/samsung-esc...tion-11171102/

And an article about Roger Fidler of Knight-Ridder, written just before the iPad release:
http://www.snd.org/2010/01/fidler/

But the Knight-Ridder device never came to fruition nor was protected by multiple patents like the Apple iPad. Hence, even though the iPad may resemble a 2006 Samsung photo frame, there's more to the story than just that. What's digitally being shown to the user on the screen and how it is used is also at the heart of this matter.
post #28 of 66
Quote:
Originally Posted by sranger View Post

I am saying that his blog has not been validated any more than Samsung's claimes have been validated...

Yes, I think it is quite possible either one is lying, but which one?

This is the same company that colluded with LG to the tune of at least $5 billion in fraudulent LCD Panel pricing and were together forced to pay back nearly $1 Billion in fines.

Oddly, Samsung was given immunity because they talked first and the remaining 5 other providers took the fall.

http://www.betanews.com/article/EU-f...ity/1291823569

You really should stand back and look from a broader perspective.
post #29 of 66
Quote:
Originally Posted by Youarewrong View Post


This is a Samsung digital photo frame from 2006. It looks just like a Galaxy Tab 10.1, only with a smaller screen.

Actually that's a render of what engadget thought the product might look like. If you can find a picture of the actual product that would be interesting.

The only ones I can see that look even remotely like the iPad are from 2009. They have far sharper corners, they have a row of buttons down the side, they have a completely different profile. They are the 800W and the 1000W.







Also Apple's community design is dated 2004, so even a 2006 product wouldn't be enough to get them a prior art.
post #30 of 66
Quote:
Originally Posted by monstrosity View Post

Sorry. I can't really be bothered to reply to this.

You just did!
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See, in the record business, you can show someone your song, and they don’t copy it. In the tech business, you show somebody your idea, and they steal it. (Jimmy Iovine)
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post #31 of 66
Quote:
Originally Posted by cloudgazer View Post

...

http://www.trustedreviews.com/news/C...l-Photo-Frames
I believe that's the same product from the render. Although the photo is from 2007, it's still way before the iPad was released. I'm not saying that iPad is a copy of a Samsung photo frame, I'm just saying that the Tab 10.1 isn't an iPad copy.
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post #32 of 66
Quote:
Originally Posted by SixnaHalfFeet View Post

You haven't been reading the comments of Apple haters on CNET or the like. It has fooled all of those people all of the time. They cry for Samsung the "poor victim" and scream at Apple the "mean control freaks". It just goes to show you that people will believe their hearts more than the facts any day.

I started my career in part-time computer support for my organization and it was the facts that got me interested in Macs and Apple. It is my heart that makes me love the facts about Apple's greatness.

You left out "Apple has patented the rectangle".

Meanwhile in Australia, the company I work for has switched to plan B as in Blackberry Playbook as the tablet du jour.
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post #33 of 66
Quote:
Originally Posted by Youarewrong View Post

http://www.trustedreviews.com/news/C...l-Photo-Frames
I believe that's the same product from the render. Although the photo is from 2007, it's still way before the iPad was released. I'm not saying that iPad is a copy of a Samsung photo frame, I'm just saying that the Tab 10.1 isn't an iPad copy.

Right, first off - legally that doesn't help Samsung because the design is registered in 2004.
Second that design probably wouldn't infringe because it has a big thick bezel, a completely different profile, a ton of funky buttons.

The fact is Samsung did copy the iPad. They got as close to the design as they could, the curvature of the edges, the curvature of the corners, the thickness of the margins. They switched to a 30pin dock connector. They even changed the back so that the 2nd gen version of the 10.1 would look more plain and similar to the iPads.

About the only things they could have done to make it look more like the iPad would be change the aspect ratio and stick an apple logo on it.
post #34 of 66
Quote:
Originally Posted by Youarewrong View Post

http://www.trustedreviews.com/news/C...l-Photo-Frames
I believe that's the same product from the render. Although the photo is from 2007, it's still way before the iPad was released. I'm not saying that iPad is a copy of a Samsung photo frame, I'm just saying that the Tab 10.1 isn't an iPad copy.


That design has already been patented since 2004 by Apple.

http://www.macobserver.com/tmo/artic...ations_UPDATE/
post #35 of 66
Quote:
Originally Posted by Youarewrong View Post

http://www.trustedreviews.com/news/C...l-Photo-Frames
I believe that's the same product from the render. Although the photo is from 2007, it's still way before the iPad was released. I'm not saying that iPad is a copy of a Samsung photo frame, I'm just saying that the Tab 10.1 isn't an iPad copy.

Maybe if Samsung had stuck to that lovely beige, plastic trim surrounding the bezel in the example you linked to, they wouldn't be in this mess.

The thickness and buttons hidden on the side are also a nice touch.
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post #36 of 66
Quote:
Originally Posted by jragosta View Post

Elvis is behind the whole thing....

No, Elvis has left the building.
post #37 of 66
Quote:
Originally Posted by hill60 View Post

Maybe if Samsung had stuck to that lovely beige, plastic trim surrounding the bezel in the example you linked to, they wouldn't be in this mess.

The thickness and buttons hidden on the side are also a nice touch.

That beige bezel has some interesting texturing going on - they should totally have gone with that
post #38 of 66
Quote:
Originally Posted by hill60 View Post

You left out "Apple has patented the rectangle".

Meanwhile in Australia, the company I work for has switched to plan B as in Blackberry Playbook as the tablet du jour.

Bad plan, given that Sprint just cancelled the wimax playbook we have to assume that it's the next dell streak. I mean when even Sprint doesn't want you, you're pretty much done.

Keep going till you reach plan 9, that is a good plan.
post #39 of 66
Quote:
Originally Posted by cloudgazer View Post

This isn't really relevant but I think people will enjoy it anyway


Almost beating the CDi?



Ma boi, these sales are what all true companies strive for!

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post #40 of 66
Sometimes with these really big companies it's hard to know if they're deliberately being misleading, or if it's just the left hand not talking to the right hand. You have to look at their past behaviour, and in this case you have the copying...
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