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Apple wins one-week extension on Samsung tablet ban, court to deliberate appeal request

post #1 of 33
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The recently overturned ban of Samsung's Galaxy 10.1 tablet sales in Australia has been extended one week, new court date set to deliberate whether Apple will be allowed to appeal.

Australian High Court Justice Dyson Heydon on Thursday announced the nationwide ban of Samsung's tablet will remain in effect until Dec. 9, when the court will decide whether Apple can appeal a recent lower court decision to lift the embargo, according to Blomberg.

The preliminary injunction that barred Samsung from selling its Galaxy Tab 10.1 has been in effect since Oct. 12, though the South Korean company won a reversal on Tuesday that overturned the initial ruling. Apple immediately said it would appeal the latest ruling with the High Court, and was subsequently granted a request to keep the injunction intact until the appeal was filed.

The Australian case is part of an ongoing worldwide patent dispute between the two tech giants, originally started in April when Apple sued Samsung, claiming the company copied the iPad and iPhone's look and feel.

Since the initial suit, Samsung has fired back with its own counter claims pertaining to Apple's use of so-called FRAND patents, however the pursuit has been unsuccessful thus far.

Most recently, the South Korean company's litigation strategy was reportedly under investigation by the European Commission to determine whether it violates anti-competition laws.
post #2 of 33
Quote:
Originally Posted by AppleInsider View Post

Most recently, the South Korean company's litigation strategy was reportedly under investigation by the European Commission to determine whether it violates anti-competition laws.

I believe they may be questioning both Apple and Samsung:
According to EU Competition Commissioner Joaquin Almunia, Apple and Samsung is only one case where IP rights can be used as an instrument to restrict competition.
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post #3 of 33
I'm pretty sure this ban will be completely lifted in a week. Hopefully we'll eventually get some real innovation from Samsung in the tablet sector. As of now Asus is the only one bringing their A-game.

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

 

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post #4 of 33
Quote:
Originally Posted by SolipsismX View Post

I'm pretty sure this ban will be completely lifted in a week. Hopefully we'll eventually get some real innovation from Samsung in the tablet sector. As of now Asus is the only one bringing their A-game.

Ditto. . .
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post #5 of 33
Actually, only Amazon is bringing their A-game (which is largely subsidized hardware pricing since Amazon projects to make its profit on content sales).

The delay is brutal in light of the holiday sales window.
post #6 of 33
Quote:
Originally Posted by cvaldes1831 View Post

Actually, only Amazon is bringing their A-game (which is largely subsidized hardware pricing since Amazon projects to make its profit on content sales).

The delay is brutal in light of the holiday sales window.

That Kindle Fire isn't great in either the HW, the OS, or apps. It's not bad for a first attempt, especially for $200 but it doesn't feel like quality in any regard. We also know the cheap feeling HW is based on RiM's PlayBook and there is evidence to suggest the circuit board design could be an earlier design than that used in RiM's released PlayBook.

Now check out Asus's tablets. They look and feel great (without being ripoffs of the iPad), use IPS displays (not an issue these days but last year they were the only other company besides Apple that had committed to IPS across the board) while having good battery life. They also were able to get the price competitively at $100 below the iPad 2 for the same capacity storage, though perhaps still not good enough when you consider the lead the iPad still has on performance and ecosystem. The biggest obstacle for Asus seems to be Android. So far ICS looks good, especially compared to Honeycomb, but being a good mobile OS simply isn' good enough these days or WP7 would be more popular.

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

 

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post #7 of 33
Normal Procedure. It was logistically impossible for court to hear appeal in a day or two.
post #8 of 33
The ball is still in play...

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post #9 of 33
Major stock backup piled up at the docks. Hundreds of thousands of Galaxy Tabs sitting on the docks in cargo containers. Apple would love to see the containers either on their way back to Korea or end up in the bay waterlogged. OOPS.
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post #10 of 33
Quote:
Originally Posted by tylerk36 View Post

Major stock backup piled up at the docks. Hundreds of thousands of Galaxy Tabs sitting on the docks in cargo containers. Apple would love to see the containers either on their way back to Korea or end up in the bay waterlogged. OOPS.

Samesung wouldn't sell many of those tablets anyway. Sitting in containers at the dock or sitting on store shelves. Same same.

I just hope this teaches Samesung a lesson. Blantantly rip off a company like Apple and they will kick the sh't out of you.
post #11 of 33
Quote:
Originally Posted by Mac.World View Post

Samesung wouldn't sell many of those tablets anyway. Sitting in containers at the dock or sitting on store shelves. Same same.

I just hope this teaches Samesung a lesson. Blantantly rip off a company like Apple and they will kick the sh't out of you.

Yeah right..Samsung are going to go broke because of this. Idiot fanboi...
post #12 of 33
Quote:
Originally Posted by fredaroony View Post

Yeah right..Samsung are going to go broke because of this. Idiot fanboi...

He didn't say Samsung wound go broke. He said he hopes Samsung learns a lesson [to stop stealing IP]. Your insult right back at ya buddy.

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post #13 of 33
Quote:
Originally Posted by Mac.World View Post

Samesung wouldn't sell many of those tablets anyway. Sitting in containers at the dock or sitting on store shelves. Same same.

I just hope this teaches Samesung a lesson. Blantantly rip off a company like Apple and they will kick the sh't out of you.

Quote:
Originally Posted by jd_in_sb View Post

He didn't say Samsung wound go broke. He said he hopes Samsung learns a lesson [to stop stealing IP]. Your insult right back at ya buddy.

I know what he said... You speak for him, do you?
post #14 of 33
Samsung is too big to fail. Not Apple and not anyone can stop them. I'm still cheering for Apple, I would hope it can in some way slow down Samsung.

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post #15 of 33
Quote:
Originally Posted by fredaroony View Post

I know what he said... You speak for him, do you?

The collective IQ of the known universe has been reduced as a direct result of your two posts.
post #16 of 33
Quote:
Originally Posted by Mac.World View Post

Samesung wouldn't sell many of those tablets anyway. Sitting in containers at the dock or sitting on store shelves. Same same.

I just hope this teaches Samesung a lesson. Blantantly rip off a company like Apple and they will kick the sh't out of you.

Do you know what is at issue in this case? They way it looks had nothing to do with the original injunction.

http://www.austlii.edu.au/cgi-bin/si...#_Ref306203111
post #17 of 33
Apple is doing what Microsoft did in the 90's, use litigation to buy itself time until it dominates the market.

By the time the dust settles, the holiday shopping season is over and Apple is ready with the iPad 3.
post #18 of 33
Quote:
Originally Posted by winstein2010 View Post

Apple is doing what Microsoft did in the 90's, use litigation to buy itself time until it dominates the market.

By the time the dust settles, the holiday shopping season is over and Apple is ready with the iPad 3.

huh? Microsoft did not use litigation to buy itself time in the early 90's. Microsoft made deals with vendors to not sell anything else, they intentionally broke competing software, they withheld technical information about their OS from competitors so no competing applications could be made, they had the OS display warnings when running other vendors software saying it "might" not work and you should use Microsoft's version, etc....
post #19 of 33
Quote:
Originally Posted by winstein2010 View Post

Apple is doing what Microsoft did in the 90's, use litigation to buy itself time until it dominates the market.

By the time the dust settles, the holiday shopping season is over and Apple is ready with the iPad 3.

Wrong.

There are plenty of companies competing in this space, innovating using their own ideas.

Apple only litigates against those who are shamelessly copying the IP they paid to develop and which they had the forethought to protect within the law.
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post #20 of 33
Quote:
Originally Posted by hill60 View Post

Wrong.

There are plenty of companies competing in this space, innovating using their own ideas.

Apple only litigates against those who are shamelessly copying the IP they paid to develop and which they had the forethought to protect within the law.

Don't delude yourself. It's fairly obvious that they're going after Samsung because they see that brand as the only one that is a serious competitor. Samsung is definitely not the only tablet maker that markets a product that is indistinguishable from the iPad when looking at the front of the tablet. I don't know the full spectrum of Android tablets, but I found this list with pictures on CNET http://reviews.cnet.com/best-tablets...ndroid-tablets . Most of them are rectangles with black bezels. It's clear that Apple finds Samsung the only true threat based on what they know about Samsung's production and marketing capabilities, and they want to stop Samsung from getting their products to market.
post #21 of 33
Quote:
Originally Posted by SolipsismX View Post

I'm pretty sure this ban will be completely lifted in a week. Hopefully we'll eventually get some real innovation from Samsung in the tablet sector. As of now Asus is the only one bringing their A-game.

Oh, I disagree.

Sadly, it appears that this IS Samsung's A game. And HP. And RIM. The problem isn't that they're not bringing their A game, but that their corporate culture makes their A games so weak.
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post #22 of 33
Quote:
Originally Posted by jragosta View Post

Oh, I disagree.

Sadly, it appears that this IS Samsung's A game. And HP. And RIM. The problem isn't that they're not bringing their A game, but that their corporate culture makes their A games so weak.

I wasn't clear. It's may be those companies's A-game but it's not A-gmae playing for the industry. However, with Asus, their A-game playing for the industry is solid. They are coming in at $100 less than Apple for the same capacity device with a 10" IPS panel with top notch display quality. There systems aren't as power as the iPad 2 because they are using Tegra 3, but that's something all Android-based vendors will be contending with until there can be a shift between these ARM-based SoCs.

That said, I wouldn't expect to see any change until After ICS debuts on tablets and then only a slow trend if ICS has resolved the issues that have plagued previous Android tablets. But we're in Decemeber now and the 3rd iPad will likely be demoed in January or February. Depending on what comes out next this come iPodicize the tablet market, meaning a natural monopoly.

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

 

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post #23 of 33
Quote:
Originally Posted by KnightoftheWord View Post

The collective IQ of the known universe has been reduced as a direct result of your two posts.

Is this your one witty retort you like to bring out on occasion when you have nothing relevant to say? I think you need some new material there champ.
post #24 of 33
Quote:
Originally Posted by wakefinance View Post

Don't delude yourself. It's fairly obvious that they're going after Samsung because they see that brand as the only one that is a serious competitor. Samsung is definitely not the only tablet maker that markets a product that is indistinguishable from the iPad when looking at the front of the tablet. I don't know the full spectrum of Android tablets, but I found this list with pictures on CNET http://reviews.cnet.com/best-tablets...ndroid-tablets . Most of them are rectangles with black bezels. It's clear that Apple finds Samsung the only true threat based on what they know about Samsung's production and marketing capabilities, and they want to stop Samsung from getting their products to market.

I'm afraid you are the one suffering from delusions.

Apple don't give two hoots about Samsung's marketing efforts across their entire range, iPads/iPhones/iPod Touches outsell Samsung's competing products by significant margins, HTC even outsells Samsung in the US.

Samsung blatantly ripped off Apple's IP, Apple responded rather successfully in many cases because judges agree.

Link to ANY case where your delusional claim based PURELY on "indistinguishable from the iPad when looking at the front of the tablet" because anyone who does the slightest bit of reading on the matter knows that that isn't the case, that there is far more depth to these claims.
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post #25 of 33
Individually these suggestions seem ridiculous...

Apple Offers Samsung Suggestions for Differentiating Its Products

Smartphones:

  • Front surface that isn't black.
  • Overall shape that isn't rectangular, or doesn't have rounded corners.
  • Display screens that aren't centered on the front face and have substantial lateral borders.
  • Non-horizontal speaker slots.
  • Front surfaces with substantial adornment.
  • No front bezel at all.

Tablets:

  • Overall shape that isn't rectangular, or doesn't have rounded corners.
  • Thick frames rather than a thin rim around the front surface.
  • Front surface that isn't entirely flat.
  • Profiles that aren't thin.
  • Cluttered appearance.

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

 

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post #26 of 33
Quote:
Originally Posted by hill60 View Post

I'm afraid you are the one suffering from delusions.

Apple don't give two hoots about Samsung's marketing efforts across their entire range, iPads/iPhones/iPod Touches outsell Samsung's competing products by significant margins, HTC even outsells Samsung in the US.

Samsung blatantly ripped off Apple's IP, Apple responded rather successfully in many cases because judges agree.

Link to ANY case where your delusional claim based PURELY on "indistinguishable from the iPad when looking at the front of the tablet" because anyone who does the slightest bit of reading on the matter knows that that isn't the case, that there is far more depth to these claims.

You're side-stepping my argument here. I wasn't trying to say that Apple is suing Samsung over the black rectangle issue; that portion of the case has been brought up a lot on this site, so I used that as an example for my actual point. The point is that Samsung's tablets are not unique from the tablets produced by most other companies, yet Apple is only attempting to have Samsung's products banned. There must be a reason for that, and I think the reason is that Samsung is the only Android tablet maker that has the resources and the smarts to truly compete with Apple. Just in case you want to contradict me on the part about Samsung's uniqueness, I found you a list of every claim Apple is making http://www.theverge.com/2011/04/19/a...is//in/2297513 . The only claim that could apply to Samsung and Samsung alone is the design of the app icons. That is one claim of many.
post #27 of 33
Quote:
Originally Posted by wakefinance View Post

You're side-stepping my argument here. I wasn't trying to say that Apple is suing Samsung over the black rectangle issue; that portion of the case has been brought up a lot on this site, so I used that as an example for my actual point. The point is that Samsung's tablets are not unique from the tablets produced by most other companies, yet Apple is only attempting to have Samsung's products banned. There must be a reason for that, and I think the reason is that Samsung is the only Android tablet maker that has the resources and the smarts to truly compete with Apple. Just in case you want to contradict me on the part about Samsung's uniqueness, I found you a list of every claim Apple is making http://www.theverge.com/2011/04/19/a...is//in/2297513 . The only claim that could apply to Samsung and Samsung alone is the design of the app icons. That is one claim of many.

Apple is running scared is the issue. When you look at the highest rated products aside from Apple, it's Samsung. They are afraid that Samsung is going to eat their market share for lunch and throw them in the dumpster by dinner.
post #28 of 33
Quote:
Originally Posted by rugby_kid View Post

Apple is running scared is the issue. When you look at the highest rated products aside from Apple, it's Samsung. They are afraid that Samsung is going to eat their market share for lunch and throw them in the dumpster by dinner.

Silly hyperbole do not an argument make.

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post #29 of 33
Quote:
Originally Posted by SolipsismX View Post

Silly hyperbole do not an argument make.

What?
post #30 of 33
Quote:
Originally Posted by fredaroony View Post

I know what he said... You speak for him, do you?

The average intelligence and civility of comments in this forum is extremely high. When a reply like yours fails in both categories at the same time, it is noteworthy.

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post #31 of 33
Quote:
Originally Posted by jd_in_sb View Post

The average intelligence and civility of comments in this forum is extremely high. When a reply like yours fails in both categories at the same time, it is noteworthy.

I think you have mistaken this for a different forum as the majority of the comments here are so blinded by fanboism there is no balanced view.
post #32 of 33
Quote:
Originally Posted by fredaroony View Post

I think you have mistaken this for a different forum as the majority of the comments here are so blinded by fanboism there is no balanced view.

Oh, do you have the Android trolls and generic anti-Apple trolls on your Ignore list? That would explain your belief, but not much else would.

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post #33 of 33
Quote:
Originally Posted by Tallest Skil View Post

Oh, do you have the Android trolls and generic anti-Apple trolls on your Ignore list? That would explain your belief, but not much else would.

Yep, pretty much! I enjoy my 27" iMac, Macbook Air, Mac Mini, iPad2 and iPhone 4 but I'm still able to see the value in competitive devices. I also think the way Apple are going after so many companies is shameful.

It's a shame many others aren't able to see anything beyond the pro Apple view no matter the circumstances.
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