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Apple wins permanent ban on Samsung Galaxy Tab 10.1 in Germany - Page 6

post #201 of 246
Quote:
Originally Posted by Gatorguy View Post

That's the point I tried to drive home earlier. The Tab didn't get a marketplace ban because it was too similar to the iPad. The problem was it was too close to the drawings claimed in the referenced Design Patent. Apple's claim that it's iPad was similar to the drawings had nothing to do with the judge's decision. The infringement was based only on the drawings.

yep...and that's the bigger problem that these people fail to see...

so, at least in Germany, you can design something one way, but as long as you draw it up in a bunch of other ways you can get an injunction to your hearts content limited to only your imagination.

ISN'T THAT AWESOME!!!!???




PS. where do I look up those design patents you listed?
post #202 of 246
Quote:
Originally Posted by AbsoluteDesignz View Post

The issue that arises from THIS injunction based on any design patent that broad (and unlike the actual iPad 2) is that it can be used against almost anyone as Apple had patented many drawings that severely limit the way a competitor can design a tablet that doesn't, A) look absolutely shitty, and B) violate some broad patent.

I guess It depends on how good your lawyers are. Everything else is completely irrelevant.

Anyway I have to admit it - it is simply called a Victory. Congratulations Apple!
post #203 of 246
Quote:
Originally Posted by AbsoluteDesignz View Post

PS. where do I look up those design patents you listed?

Here:
http://oami.europa.eu/ows/rw/pages/index.en.do

Right side under Databases, then Community Designs.
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post #204 of 246
Quote:
Originally Posted by daddybone View Post

I love this graphic from Maypalo

http://maypalo.com/2011/08/22/samsun...-ipad-picture/



How is that any different comparing old (thick) laptop vs new (thin) laptop. Laptops of old used to be thick and heavy. Modern laptops are thin and light.

Samsung's old tablets were thick. It's newer tablets are thin and light. Whats new there?

Samsung's old phones were feature phones. Every iterations of its features phones, the screen sizes were increasing. It was inevitable, one day to have the entire phone as a screen without the keyboard.

In fact, LG was first to introduce a keyboard less "smartphone concept" at IFA 2006 in, of all places, Germany, the very country that is banning the sale of the Galaxy Tab, ironically.

Apple's case is based on prior art. All LG has to do is submit its prior art lawsuit against Apple to have Apple's phones blocked as violating prior art property. Remember, this ban was based on design and not patent.

Therefore, if LG feels like it (wants to be a douche), they have every reason to do so.

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post #205 of 246
Quote:
Originally Posted by Galbi View Post

All LG has to do is submit its prior art lawsuit against Apple to have Apple's phones blocked as violating prior art property. Remember, this ban was based on design and not patent.

I guess they would if their lawyers would ... Since Apple won the Samsung battle LG better be quiet
post #206 of 246
Quote:
Originally Posted by Galbi View Post

In fact, LG was first to introduce a keyboard less "smartphone concept" at IFA 2006 in, of all places, Germany, the very country that is banning the sale of the Galaxy Tab, ironically.

All LG has to do is submit its prior art lawsuit against Apple to have Apple's phones blocked as violating prior art property. Remember, this ban was based on design and not patent.



Yeah, good luck with that.
post #207 of 246
Quote:
Originally Posted by AbsoluteDesignz View Post


I think judge in this case should study the picture in more detail. He would find that he himself infringe the patented design on the right side (single, hair covered ball on the top, body with two hands capable of holding the iPad and attacking it with a finger) and should ban himself from Germany.
post #208 of 246
Quote:
Originally Posted by piot View Post



Yeah, good luck with that.

Perhaps LG Prada one .
post #209 of 246
Quote:
Originally Posted by gescom View Post

Perhaps LG Prada one .

"At IFA 2006 in, of all places, Germany" ??

No, don't think so.
post #210 of 246
Quote:
Originally Posted by piot View Post

"At IFA 2006 in, of all places, Germany" ??

No, don't think so.

It was not IFA, but iF Design. http://www.ifdesign.de/beitragsdetai...itrag_id=31322

They won the award for the 2007, but the product had to be delivered in 2006, if the details on this are correct. It would be well possible that iPhone team "borrowed" a thing or two from the LG phone.
post #211 of 246
Quote:
Originally Posted by gescom View Post

Perhaps LG Prada one .

Show me ONE PICTURE. ONE PICTURE of the interface of the LG Prada from before the release of the iPhone.

ONE. Not the lock screen with the giant analog clock. ONE PICTURE of the phone turned on.

LG removed their pictures from before its launch. Engadget has only one picture themselves of the device turned on.

Originally posted by Marvin

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Originally posted by Marvin

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post #212 of 246
Quote:
Originally Posted by Tallest Skil View Post

Show me ONE PICTURE. ONE PICTURE of the interface of the LG Prada from before the release of the iPhone.

ONE. Not the lock screen with the giant analog clock. ONE PICTURE of the phone turned on.

LG removed their pictures from before its launch. Engadget has only one picture themselves of the device turned on.

Sorry, I have nothing against you. It was just a suggestion to which phone was galbi pointing to.
Sorry again if my post was misunderstandable.
post #213 of 246
Quote:
Originally Posted by Tallest Skil View Post

Show me ONE PICTURE. ONE PICTURE of the interface of the LG Prada from before the release of the iPhone.

ONE. Not the lock screen with the giant analog clock. ONE PICTURE of the phone turned on.

LG removed their pictures from before its launch. Engadget has only one picture themselves of the device turned on.

This one ?

Or another one perhaps ?
post #214 of 246
Quote:
Originally Posted by Brainless View Post

This one ?

Or another one perhaps ?

1) What is that a diapad/calculator?

2) When he said a PICTURE he meant a photograph, not CGI.
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post #215 of 246
Quote:
Originally Posted by gescom View Post

Sorry, I have nothing against you. It was just a suggestion to which phone was galbi pointing to.
Sorry again if my post was misunderstandable.

Oh, no; nor I you. Don't worry about it.

Quote:
Originally Posted by Brainless View Post

This one ?

Or another one perhaps ?

WOW. Awesome! You did great. I didn't think anywhere had any anymore.

That's basically proof that Apple didn't take any design cues from LG on their software.

Why don't the anti-Apple users have these pictures more prominently placed?

Originally posted by Marvin

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Originally posted by Marvin

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post #216 of 246
Quote:
Originally Posted by Tallest Skil View Post

WOW. Awesome! You did great. I didn't think anywhere had any anymore.

That's basically proof that Apple didn't take any design cues from LG on their software.

Why don't the anti-Apple users have these pictures more prominently placed?

What ? Are you blind ?

First image has on screen soft keyboard. iPhone is just a rip-off. Numeric keyboard also has keys with numbers on the keys. iPhone design clearly didn't kept enough distance from the LG design. Once Johanna Brueckner-Hofmann sees the picture, she will ban all Apple products, including those selling in Obst- und Gemüseladen.

The second image is even worse. Can't you see the grid of icons with four essential icons placed distinctive on the right side (give some credit to Apple there as they creatively ripped them off and placed these four to the bottom of the screen) ? If you touch the icons on the iPhone, something happens ! Exactly the same metaphor as in LG. What a disgusting case of blatant copy there !
post #217 of 246
Quote:
Originally Posted by Brainless View Post

What ? Are you blind ?

First image has on screen soft keyboard. iPhone is just a rip-off. Numeric keyboard also has keys with numbers on the keys. iPhone design clearly didn't kept enough distance from the LG design. Once Johanna Brueckner-Hofmann sees the picture, she will ban all Apple products, including those selling in Obst- und Gemüseladen.

The second image is even worse. Can't you see the grid of icons with four essential icons placed distinctive on the right side (give some credit to Apple there as they creatively ripped them off and placed these four to the bottom of the screen) ? If you touch the icons on the iPhone, something happens ! Exactly the same metaphor as in LG. What a disgusting case of blatant copy there !



Oh, you ARE joking. Phew. Sorry, I've become desensitized to most jokes about UI design. People actually believe what used to only be satire.

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post #218 of 246
Quote:
Originally Posted by Tallest Skil View Post



Oh, you ARE joking. Phew. Sorry, I've become desensitized to most jokes about UI design. People actually believe what used to only be satire.

I think he's mocking what people say regarding iPhone competitors.
post #219 of 246
Quote:
Originally Posted by Galbi View Post

How is that any different comparing old (thick) laptop vs new (thin) laptop. Laptops of old used to be thick and heavy. Modern laptops are thin and light.

Samsung's old tablets were thick. It's newer tablets are thin and light. Whats new there?

Samsung's old phones were feature phones. Every iterations of its features phones, the screen sizes were increasing. It was inevitable, one day to have the entire phone as a screen without the keyboard.

In fact, LG was first to introduce a keyboard less "smartphone concept" at IFA 2006 in, of all places, Germany, the very country that is banning the sale of the Galaxy Tab, ironically.

Apple's case is based on prior art. All LG has to do is submit its prior art lawsuit against Apple to have Apple's phones blocked as violating prior art property. Remember, this ban was based on design and not patent.

Therefore, if LG feels like it (wants to be a douche), they have every reason to do so.

The Samsung F450i ran Symbian, a smartphone based on Nokia's N95.

The Samsung Blackjack series ran Windows Mobile, smartphones based on the Palm Treo and the Motorola Q series.

The LG Prada was a feature phone, it ran Java software but there was no platform specific software available for it, thus it failed the basic definition of a smartphone.

Before one resorts to name calling, one should perhaps get their own house in order.
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post #220 of 246
Quote:
Originally Posted by CHRIS42060 View Post

This is exactly why the entire system of patents is sad in general. Apple drew a rectangle and patented it



A rectangle:

Code:

+-+
| |
| |
| |
+-+



is a 2-D object -- I doubt whether that is patentable,


An iPad is an implementation of a 3D computing device -- Obviously, the Trade Dress of the iPad is patentable.


So, enough of this rectangle crap!


I've got to get busy helping to bail Apple out of the mess they created with FCPX!


BTW, have you read where Google may back out of the MMI deal...

...Sad, really -- because Larry Ellison could do some great things with MMI (in addition to Android).
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post #221 of 246
Quote:
Originally Posted by Dick Applebaum View Post

A rectangle:

Code:

+-+
| |
| |
| |
+-+



is a 2-D object -- I doubt whether that is patentable,


An iPad is an implementation of a 3D computing device -- Obviously, the Trade Dress of the iPad is patentable.


So, enough of this rectangle crap!


I've got to get busy helping to bail Apple out of the mess they created with FCPX!


BTW, have you read where Google may back out of the MMI deal...

...Sad, really -- because Larry Ellison could do some great things with MMI (in addition to Android).

They didn't lose in comparison to the iPad they lost to a design drawing. One of many since you can patent designs even if you don't implement them in the final product.
post #222 of 246
So much for the permanent ban.

STILL FOR SALE

The temporary injunction upheld by the court on Friday bars Samsung Germany from selling the Galaxy 10.1 tablet in Germany.

But retailers such as consumer electronics chain Media Markt will still be able to sell the device by selling off existing stock or getting new supplies from the South Korean group's parent Samsung International.

http://www.reuters.com/article/2011/...78828820110909
post #223 of 246
Quote:
Originally Posted by solipsism View Post

You have to understand that everything Apple does is blatantly obvious, Apple is just overly quick to bring products to market to beat out the competition, which is why the iPhone 4 has been on flagship smartphone for 15 months and it took Apple a mere 20 years to get the iPad out. And just ignore all the comments about how Apple will fail because they aren't doing exactly what the others have done before them because that's all in the past.

And let's not forget, it's all just marketing, and sheep falling for said marketing.
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post #224 of 246
Quote:
Originally Posted by Dick Applebaum View Post

BTW, have you read where Google may back out of the MMI deal...

No I hadn't. Wouldn't be a complete shock to me if they did, but where did you see a news article claiming they're considering that?
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post #225 of 246
Quote:
Originally Posted by solipsism View Post

As someone has already stated, if Apple goes after innovative and unique designs like the Asus Transformer then your complaint will become valid. Until then it's just anti-Apple rhetoric ...

Yes, this is what it all comes down to. Despite the Google shills -- (Gatorguy, Menno, Jetz, etc. -- and rabid fandroids -- AbsoluteDesignz, Brainless, etc. -- doggedly sticking to their talking points about rounded rectangles (which the former, at least, know is a willful misrepresentation of the truth), the bottom line here is that justice was done. Samsung copied the look of Apple's actual designs in hardware and software as closely as they possibly could, and the court recognized that.
post #226 of 246
Quote:
Originally Posted by anonymouse View Post

Yes, this is what it all comes down to. Despite the Google shills -- (Gatorguy, Menno, Jetz, etc. -- and rabid fandroids -- AbsoluteDesignz, Brainless, etc. -- doggedly sticking to their talking points about rounded rectangles (which the former, at least, know is a willful misrepresentation of the truth), the bottom line here is that justice was done. Samsung copied the look of Apple's actual designs in hardware and software as closely as they possibly could, and the court recognized that.

so you're saying Android 3.0 looks like iOS for tablets?

The drawing in question has never been an actual Apple product nor will it ever be...it's a drawing.

Would you be as gun ho if Apple sued someone over this:






They can probably sue Sony over that...would that be okay?

(yes I know they are laptop designs, but hey, look and feel man, look and feel)

ooooo how about this:



yes, that is an actual design patent.


Question though...how can anyone confuse an Apple iPad with a Samsung Galaxy Tab 10.1 (that's the argument right?) based on the design patent they never used in the final product, aka, a drawing?
post #227 of 246
Quote:
Originally Posted by Ratero View Post

So much for the permanent ban.

STILL FOR SALE

The temporary injunction upheld by the court on Friday bars Samsung Germany from selling the Galaxy 10.1 tablet in Germany.

But retailers such as consumer electronics chain Media Markt will still be able to sell the device by selling off existing stock or getting new supplies from the South Korean group's parent Samsung International.

Thanks for reading the thread before creating an account just to post anti-Apple stuff.

If you'd read it, you'd see that any self-respecting retailer isn't going to:

1. Import a product illegal in the country that even random people on the street now know is illegal.
2. Go to that amount of trouble to sell a product that no one was going to buy, anyway.

For heaven's sake, have some common sense.

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post #228 of 246
Quote:
Originally Posted by AbsoluteDesignz View Post

so you're saying Android 3.0 looks like iOS for tablets?

The drawing in question has never been an actual Apple product nor will it ever be...it's a drawing.

Would you be as gun ho if Apple sued someone over this:

...

They can probably sue Sony over that...would that be okay?

(yes I know they are laptop designs, but hey, look and feel man, look and feel)

ooooo how about this:

...

yes, that is an actual design patent.


Question though...how can anyone confuse an Apple iPad with a Samsung Galaxy Tab 10.1 (that's the argument right?) based on the design patent they never used in the final product, aka, a drawing?

You just proved Solipsism's point.
post #229 of 246
Quote:
Originally Posted by Tallest Skil View Post

Thanks for reading the thread before creating an account just to post anti-Apple stuff.

If you'd read it, you'd see that any self-respecting retailer isn't going to:

1. Import a product illegal in the country that even random people on the street now know is illegal.
2. Go to that amount of trouble to sell a product that no one was going to buy, anyway.

For heaven's sake, have some common sense.

Apple did create a lot of free advertising for them. I'm pretty sure that the Tab's will get many more looks than they might otherwise have had without Apple's attention. Any press is better than no press.
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post #230 of 246
It seems Samsung has a history of simply copying without permission. Even Vanna White has successfully sued them for infringing her Right of Publicity.
post #231 of 246
Quote:
Originally Posted by anonymouse View Post

You just proved Solipsism's point.

yea....I don't see how.
post #232 of 246
Quote:
Originally Posted by Gatorguy View Post

Apple did create a lot of free advertising for them. I'm pretty sure that the Tab's will get many more looks than they might otherwise have had without Apple's attention. Any press is better than no press.

Samsung lawyers:"well we couldn't prevent this injunction but you did get some free press for a product you can't sell, that's always good right?"
Samsung:"you're fired"
post #233 of 246
Quote:
Originally Posted by Doctor David View Post

Samsung lawyers:"well we couldn't prevent this injunction but you did get some free press for a product you can't sell, that's always good right?"
Samsung:"you're fired"

You think all the news articles were restricted to Germany? It got attention throughout Europe, and lesser coverage worldwide.

In addition they can sell them even there. They just can't be imported and distributed by the German subsidiary.
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post #234 of 246
Quote:
Originally Posted by Gatorguy View Post

You think all the news articles were restricted to Germany? It got attention throughout Europe, and lesser coverage worldwide.

In addition they can sell them even there. They just can't be imported and distributed by the German subsidiary.

I think the press they got is pretty dim consolation. I also know for sure that it wasn't free, like you suggested. Lawyers are expensive.
post #235 of 246
Quote:
Originally Posted by Doctor David View Post

I think the press they got is pretty dim consolation. I also know for sure that it wasn't free, like you suggested. Lawyers are expensive.

The press coverage was free. . .
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post #236 of 246
Quote:
Originally Posted by Gatorguy View Post

The press coverage was free. . .

Mention that in the samsung boardroom and they'll hand you a large stack of lawyer bills. They got a little press but it sure as hell wasn't free.
post #237 of 246
Quote:
Originally Posted by Tallest Skil View Post

Oh, you ARE joking. Phew. Sorry, I've become desensitized to most jokes about UI design. People actually believe what used to only be satire.

No I am not. I am just applying the same logic. I feel both Apple was joking when they tried to file such design, and later that that judge showed even more wicked sense of humor when she actually banned product based on something like this.
post #238 of 246
post #239 of 246
Quote:
Originally Posted by Ricardo Dawkins View Post

http://blog.gsmarena.com/samsungs-ga...on/#more-19481

#FAIL

People are acting like this is some minor inconvenience. It's not. This adds more cost to the supply chain which then takes away cash from Samsung's bottom line. This ban may not be a KO but it is still a pretty tough body jab.
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post #240 of 246
Quote:
Originally Posted by freckledbruh View Post

People are acting like this is some minor inconvenience. It's not. This adds more cost to the supply chain which then takes away cash from Samsung's bottom line. This ban may not be a KO but it is still a pretty tough body jab.

Also, couldn't they take the larger suppliers to court too for selling and promoting copyright infringing products? It could obviously take a while longer to block every reseller but if they tackle the biggest ones and win then it may put other resellers off even trying out of fear of having to go through a legal battle with a company that has tens of billions of dollars in the bank.
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