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Apple asks German court to bar sales of Samsung's redesigned Galaxy Tab 10.1N

post #1 of 37
Thread Starter 
Samsung's recent retooling of its Galaxy Tab 10.1 tablet wasn't enough to ward off Apple's legal challenges, as the iPad maker has now asked a German court to stop sales of the redesigned Tab 10.1N.

Germany's Dusseldorf regional court will hold a hearing on Dec. 22 to review Apple's request, according to Dow Jones Newswires. Apple is looking to bar the German branch of Samsung from selling the new Galaxy Tab 10.1N anywhere in the European Union.

For now, Apple's challenge has no effect on sales of the device, meaning Samsung will be able to sell its touchscreen tablet during the busy holiday shopping season.

Earlier this month, Samsung made slight modifications to the Galaxy Tab 10.1, earning it the "10.1N" moniker. The changes were made in an attempt to avoid claims of design-related intellectual property infringement lodged by Apple against the original design.

The redesigned Galaxy Tab 10.1N features a metal frame that wraps around its edges. Samsung was forced to make changes after a German district court upheld a permanent ban on the original Galaxy Tab 10.1 in September.

The redesigned Samsung Galaxy Tab 10.1N is shown up top. Via Mobiflip.de.

The German court hasn't been the only one to deem that Samsung's tablet looks too much like Apple's iPad. Apple also won an injunction against the Galaxy Tab 10.1 in Australia in October.

Germany's courts have been an important battleground between Samsung and Apple in their ongoing legal disputes. A number of complaints have been filed there, including one from earlier this month in which Samsung hopes to bar the sale of Apple's 3G-capable products: the iPhone and iPad.
post #2 of 37
The Samsung Galaxy Tab is on Woot today.

$319 - refurbished

Hurry up Fandroids, get 'em while they last.

They're sold out. They sold 4247 of them. That will certainly be taking a bite out of iPad sales.
post #3 of 37
All Same-sung did was redesign their galaxy tab to look like a 1st-gen iPad. Did they think Apple wouldn't care about them making it look like a product they no longer sell?

Shameful Samsung. They are just being ignorant now.
post #4 of 37
Quote:
Originally Posted by Apple ][ View Post

The Samsung Galaxy Tab is on Woot today.

$319 - refurbished

Hurry up Fandroids, get 'em while they last.

They're sold out. They sold 4247 of them. That will certainly be taking a bite out of iPad sales.

Dang, I could use one of those for my oldest kid.
Crying? No, I am not crying. I am sweating through my eyes.
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Crying? No, I am not crying. I am sweating through my eyes.
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post #5 of 37
Hey Samsung. Two words: "square corners."

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Sent from my iPhone Simulator

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post #6 of 37
I went to the Samsung Galaxy Tab web site and I can see some similarities, but I honestly think that the Galaxy Tab is no threat to Apple. Haven't seen the news about how the Galaxy Tab in the us is a threat to Apples iPad sales.

I also went to Best Buy and saw the Galaxy Tab there and really no threat. Why is it such a big deal to block the Galaxy Tab in other countries. Maybe its because Apple doesn't have the foot hold there like they do here in the US.
An Apple man since 1977
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An Apple man since 1977
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post #7 of 37
Quote:
Originally Posted by bigdaddyp View Post

Dang, I could use one of those for my oldest kid.

Apple store has refurbished 32 GB WIFI + 3G at&t iPad 1 for $399
post #8 of 37
Quote:
Originally Posted by tylerk36 View Post

I also went to Best Buy and saw the Galaxy Tab there and really no threat. Why is it such a big deal to block the Galaxy Tab in other countries. Maybe its because Apple doesn't have the foot hold there like they do here in the US.

It has nothing to do with threat or no threat. It has to do with the simple concept of right and wrong.

Who cares if the Samsung copy tablet is a threat or not? Even if nobody in the world were buying it, Apple should take them down, because they violated the intellectual rights that Apple owns. And especially with Samsung being one of Apple's major suppliers, what Samsung did is extra shady.
post #9 of 37
Samsungs design method is: copy Apple... and then maybe change it JUST enough to get away with itor sue Apple back in the hopes that Apple wont find its original IP worth defending.

Imagine what cool stuff we might see from Samsung if they created their own designs from scratch. Imagine the added choice wed have in the market! Tablets dont HAVE to look like the iPad, because clearly not all of them do.
post #10 of 37
Quote:
Originally Posted by sflocal View Post

All Same-sung did was redesign their galaxy tab to look like a 1st-gen iPad. Did they think Apple wouldn't care about them making it look like a product they no longer sell?

Shameful Samsung. They are just being ignorant now.

They probably had that copied from the first iPad in their reverse engineering labs.


Quote:
Originally Posted by Apple ][ View Post

Apple store has refurbished 32 GB WIFI + 3G at&t iPad 1 for $399

Looks like I'll never find my lost iPad. Might need to jump on that deal to hold me over.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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post #11 of 37
Must give props to Samsung for finding a way to continue doing business during peak buying season. The the person who said "square corners", seems pretty obvious, but Samsung was working on a constrained time schedule. I'm sure it call came down to "what can we do in the shortest amount of time to get our products back on the shelf?"
post #12 of 37
Quote:
Originally Posted by SockRolid View Post

Hey Samsung. Two words: "square corners."

Or almost square. Just make the ends near square but rounded and use a black bevel or charcoal or something else. Then stop poaching the UI so much.
post #13 of 37
Quote:
Originally Posted by sflocal View Post

All Same-sung did was redesign their galaxy tab to look like a 1st-gen iPad. Did they think Apple wouldn't care about them making it look like a product they no longer sell?

Shameful Samsung. They are just being ignorant now.

Sure...because the iPad had a larger lip on it's shorter edges...

If anything, both the iPad and iPad2 look remarkably similar to Samsung's media frame from 2006.
"Why iPhone"... Hmmm?
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"Why iPhone"... Hmmm?
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post #14 of 37
Quote:
Originally Posted by AppleInsider View Post

The German court hasn't been the only one to deem that Samsung's tablet looks too much like Apple's iPad. Apple also won an injunction against the Galaxy Tab 10.1 in Australia in October.

I don't the issue in Australia was about the look of the device. At any rate, it's been overturned.
post #15 of 37
double post
post #16 of 37
After the redesign it doesn't look a lot like the iPad. Still, I'm enjoying watching Samesung's crap getting barred.

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iPod nano 5th Gen 8GB Orange, iPad 3rd Gen WiFi 32GB White
MacBook Pro 15" Core i7 2.66GHz 8GB RAM 120GB Intel 320M
Mac mini Core 2 Duo 2.4GHz 8GB RAM, iPhone 5 32GB Black

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post #17 of 37
Quote:
Originally Posted by tylerk36 View Post

I went to the Samsung Galaxy Tab web site and I can see some similarities, but I honestly think that the Galaxy Tab is no threat to Apple. Haven't seen the news about how the Galaxy Tab in the us is a threat to Apples iPad sales.

I also went to Best Buy and saw the Galaxy Tab there and really no threat. Why is it such a big deal to block the Galaxy Tab in other countries. Maybe its because Apple doesn't have the foot hold there like they do here in the US.

Apple has to defend its patents regardless of sales or those patents lose their value.
post #18 of 37
Quote:
Originally Posted by nagromme View Post

S
<snip>

Imagine what cool stuff we might see from Samsung if they created their own designs from scratch. Imagine the added choice wed have in the market! <snip>.

You still wouldn't see cool stuff because Samsung is incapable of creating anything. They are South Korean and copy is what they do. It was like that for Japan (mainly TVs) after WWII but they learned and now they create and innovate. South Korea has a long way to go.

Sorry if I offended the people of South Korea. It's NOT my intension.
post #19 of 37
Quote:
Originally Posted by ljocampo View Post

You still wouldn't see cool stuff because Samsung is incapable of creating anything. They are South Korean and copy is what they do. It was like that for Japan (mainly TVs) after WWII but they learned and now they create and innovate. South Korea has a long way to go.

Sorry if I offended the people of South Korea. It's NOT my intension.

That is pretty bigoted. You're saying that South Koreans are currently incapable of innovating.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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post #20 of 37
Quote:
Originally Posted by SolipsismX View Post

That is pretty bigoted. You're saying that South Koreans are currently incapable of innovating.

Did you even care to notice the last line. I was speaking to the corporation's decisions to copy not to their people to create or innovate. The Korean people can innovate with the best. The corps won't let them do it because it's cheaper to copy. I am not a bigot. Maybe you are seeing mirrors where there are none.
post #21 of 37
Quote:
Originally Posted by ljocampo View Post

You still wouldn't see cool stuff because Samsung is incapable of creating anything. They are South Korean and copy is what they do. It was like that for Japan (mainly TVs) after WWII but they learned and now they create and innovate. South Korea has a long way to go.

Sorry if I offended the people of South Korea. It's NOT my intension.

Samsung is a leader in display and semiconductor fields and patented crucial wireless technologies. Doesnt sound like a company that cant innovate.
post #22 of 37
Quote:
Originally Posted by D_Brown View Post

Samsung is a leader in display and semiconductor fields and patented crucial wireless technologies. Doesnt sound like a company that cant innovate.

Speaking of Samsung semiconductors just read this article
What stands out is the support for WQXGA, which is actually more pixels than the QXGA that will be the 264ppi Retina Display used in a future iPad.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply
post #23 of 37
Quote:
Originally Posted by ljocampo View Post

Did you even care to notice the last line. I was speaking to the corporation's decisions to copy not to their people to create or innovate. The Korean people can innovate with the best. The corps won't let them do it because it's cheaper to copy. I am not a bigot. Maybe you are seeing mirrors where there are none.

I noticed your last line, but that doesn't change the preceding paragraph. You wrote "They are South Korean and copy is what they do" and "It was like that for Japan [] but they learned" You didn't specify that you mean their biggest corporations or companies in general in any way. You specified entire nations, hence my comment on how it reads.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply
post #24 of 37
Quote:
Originally Posted by SockRolid View Post

Hey Samsung. Two words: "square corners."

And with those words of wisdom, you have proven how asinine Apple's whole argument is.
post #25 of 37
Quote:
Originally Posted by ljocampo View Post

You still wouldn't see cool stuff because Samsung is incapable of creating anything. They are South Korean and copy is what they do. It was like that for Japan (mainly TVs) after WWII but they learned and now they create and innovate. South Korea has a long way to go.

Sorry if I offended the people of South Korea. It's NOT my intension.

Put down the jug and the banjo son.

Quote:
Samsung creates first full-color quantum dot display,

Quote:
IBM earned more U.S. patents in 2010 than any other company, topping the list of patent winners for the 18th year in a row.

Big Blue secured 5,896 patents last year, according to data from IFI Claims Patent Services. Samsung Electronics was the second most prolific patent winner, with 4,551 patents received in 2010. Microsoft placed third with 3,094 patents, followed by Canon (2,552), Panasonic (2,482), Toshiba (2,246), Sony (2,150), Intel (1,653), LG Electronics (1,490) and HP (1,480).

The top 10 list is nearly unchanged from 2009. Only the ninth-place recipient is different: LG Electronics displaced last year’s No. 9 patent winner, Seiko Epson Corp.
Related Coverage

Apple broke into the top 50 for the first time. With 563 patents granted,

http://www.pcworld.idg.com.au/articl...atent_winners/

That's Apple with 563 vs Samsung with 4,551
post #26 of 37
Quote:
Originally Posted by AppleInsider View Post

The German court hasn't been the only one to deem that Samsung's tablet looks too much like Apple's iPad. Apple also won an injunction against the Galaxy Tab 10.1 in Australia in October.

Fact check:

You're right, the German ruling was based solely upon the physical appearance of the device.

You're wrong, the Australian ban is not about physical appearance. Rather, it about touchscreen and multitouch patents.
post #27 of 37
Quote:
Originally Posted by ljocampo View Post

Apple has to defend its patents regardless of sales or those patents lose their value.

Trademarks lose their value through a process called genericization if the owner fails to defend them.

There is no such framework in which patents can become generized due to a decision not to immediately prosecute. Patents can actually increase in value if the patent holder chooses not to enforce them right away. Rather, if the patent holder waits until the technology becomes entrenched and then pounces, they can stand to increase the damages.
post #28 of 37
Quote:
Originally Posted by SolipsismX View Post

I noticed your last line, but that doesn't change the preceding paragraph. You wrote "They are South Korean and copy is what they do" and "It was like that for Japan [] but they learned" You didn't specify that you mean their biggest corporations or companies in general in any way. You specified entire nations, hence my comment on how it reads.

You must be in media. They take everything out of context. Did I mean you are inside some type of media? No I implied you work for a media company.

Of course I said "They are South Korean." Samsung is a South Korean COMPANY. If I used every descriptive word, you'd probably be calling me verbose. The truth is you saw what you wanted to see [bigot] and not the meaning I was using.
post #29 of 37
Quote:
Originally Posted by cnocbui View Post

Put down the jug and the banjo son.

I absolutely have no idea what that means.
post #30 of 37
Quote:
Originally Posted by D_Brown View Post

Samsung is a leader in display and semiconductor fields and patented crucial wireless technologies. Doesnt sound like a company that cant innovate.

The truth is Samsung is a family business, pretty much like the Corleone family, which just about owns all of South Korean businesses at the corporate level. They have there fingers into everything South Korean. They can innovate in the components market and choose to copy in the retail space. They have a hugh library of patents that they got through financing the hard working innovators.
post #31 of 37
Quote:
Originally Posted by ljocampo View Post

I absolutely have no idea what that means.

You insulted an entire nation via stereotype, and so he reciprocated with a stereotype of the kind of person who would make said stereotyping statements.

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already f*ed.

 

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Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already f*ed.

 

Reply
post #32 of 37
Quote:
Originally Posted by lfmorrison View Post

Trademarks lose their value through a process called genericization if the owner fails to defend them.

There is no such framework in which patents can become generized due to a decision not to immediately prosecute. Patents can actually increase in value if the patent holder chooses not to enforce them right away. Rather, if the patent holder waits until the technology becomes entrenched and then pounces, they can stand to increase the damages.

By not defending the patent, one could argue the owner put it in the public domain. And yes I know the difference between patents and copyrights and trademarks too. When you don't defend your property you muddy the waters where it might become not worth fighting. That's a value equation.
post #33 of 37
Quote:
Originally Posted by Tallest Skil View Post

You insulted an entire nation via stereotype, and so he reciprocated with a stereotype of the kind of person who would make said stereotyping statements.

Now that's completely unfair. I spoke no stereotypes. I wasn't even speaking about the Korean people. People here took it out of context. I was talking about Samsung's business not the people of that nation. People here can try to make the statement prejudice but they would be showing ignorance to the meaning of the statement.
post #34 of 37
Quote:
Originally Posted by ljocampo View Post

Now that's completely unfair. I spoke no stereotypes. I wasn't even speaking about the Korean people.

*clears throat*

Quote:
Originally Posted by ljocampo View Post

They are South Korean and copy is what they do.

Quote:
People here took it out of context.

If you meant no offense, you shouldn't have said it, I think. Stopping at "Samsung can't seem to innovate" would have sufficed.

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already f*ed.

 

Reply

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already f*ed.

 

Reply
post #35 of 37
Quote:
Originally Posted by Tallest Skil View Post

*clears throat*





If you meant no offense, you shouldn't have said it, I think. Stopping at "Samsung can't seem to innovate" would have sufficed.

But I knew people would start calling me a bigot and I was right. I don't have have to defend people's ignorance. I tried too but it's much like trying to convince a redneck he/she is a redneck. So I have nothing else to say.
post #36 of 37
Quote:
Originally Posted by ljocampo View Post

But I knew people would start calling me a bigot and I was right. I don't have have to defend people's ignorance. I tried too but it's much like trying to convince a redneck he/she is a redneck. So I have nothing else to say.

You were called a bigot because you choose to write a bigoted statement. You've completely ignored my comments about using your words to specify what you were referring to. Instead you decided to write some crap to defend what you just wrote, which is a clear sign you've experienced this before so you're either A) a bigot, or B) have trouble with reading and writing that you couldn't clarify what you meant, or C) both.

For example, if I wrote "I'm not racist but all Chinese are dirty" would sound really fucking bad. Now why didn't I qualify my statement initially to make my point clear that I was referring to waste disposal facilities in China? Why did I include a qualifier to state I wasn't racist? You dug your own grave. Bottom line, either embrace your bigotry or learn to write well, but don't defend your pathetic position.

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

Reply

"The real haunted empire?  It's the New York Times." ~SockRolid

"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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post #37 of 37
Quote:
Originally Posted by ljocampo View Post

By not defending the patent, one could argue the owner put it in the public domain.

And in all probability, one would lose that argument. Precedence is littered with examples of patent owners choosing to delay enforcement of their patent against infringing products for several years, and then proceeding to win their cases when the finally do choose to prosecute.

(Not to be too nit-picky, but technically, as soon as the patent is filed, the document describing the patent is, by definition, in the public domain in most jurisdictions. Everybody has perpetual, royalty-free permission to disseminate verbatim copies of all patent documents. This does not equate to permission to make use of the patented technology in a product.)
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