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Apple targets Galaxy S II, 9 other Samsung smartphones in new German suit

post #1 of 87
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Apple's latest lawsuits against Samsung have asked a German court to ban the sale of the Galaxy S II and nine other smartphones, along with five tablet models.

The new suit was filed in the Dusseldorf Regional Court and cites multiple patented designs owned by Apple in Europe, according to Bloomberg. A separate lawsuit also targets five Samsung tablets, and is related to a September ruling that barred sales of the Galaxy Tab 10.1.

Though Apple managed to initially block the Galaxy Tab 10.1 in Germany, Samsung redesigned the device and renamed it the Galaxy Tab 10.1N. Those changes were apparently enough for the court in Germany, which indicated last month that the Galaxy Tab 10.1 is not likely to be banned from sale.

As for the smartphone suit, it targets Samsung's Galaxy S Plus in addition to the Galaxy S II. No other individual smartphone models were identified in the report, but there are said to be 10 in all named.

"The new suits aren't filed under emergency proceedings and allow Apple a new procedure against both models," author Karin Matussek wrote. A spokesperson for Samsung confirmed the South Korean electronics maker had received both lawsuits from Apple.


Samsung Galaxy S II, photo via Cnet.


Apple made the first attack in the courtroom against Samsung in April, with a lawsuit accusing the company of copying the look and feel of the iPhone and iPad. That sparked a worldwide legal battle in which both companies have accused the other of patent infringement.

The lawsuits have continued to grow, and now span over 10 countries across four continents. Earlier this month, Samsung unsuccessfully tried to bar sales of the iPhone in Italy.
post #2 of 87
Jeesh. . . enough already!!
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post #3 of 87
I hope this one sticks. I hope Apple can get treble damages for every galaxy product ever sold.
post #4 of 87
Apple said Siri was its largest team. Its looking like its lawyers are by far the largest single team at Apple.
post #5 of 87
Quote:
Originally Posted by Gatorguy View Post

Jeesh. . . enough already!!

Quote:
Originally Posted by Apple v. Samsung View Post

Apple said Siri was its largest team. Its looking like its lawyers are by far the largest single team at Apple.

I see the Android shills are right on cue.

I recommend a little more substance, boys, you seem a little whiny this morning.
post #6 of 87
Enough Already!
post #7 of 87
LOL at the commenters on gadget sites. They're really angry that their galaxy products are being sued. They can post pictures all day long but at the end of the day everyone will agree that their products are an exact copy of Apple products. Thank goodness lawsuits are settled on the merits of the case and not by comments from hot headed Samesung fanboys.

Samesung Product Development Checklist

Idea copy : Check
Design copy : Check
OS copy : Check
Product case copy : Check
Product Accessory copy : Check
Commercial Copy : Check
Repeat each time Apple comes up with a new product : Check
post #8 of 87
Quote:
Originally Posted by Gatorguy View Post

Jeesh. . . enough already!!

Quote:
Originally Posted by 845032 View Post

Enough Already!

Yeah, I think Samsung has done enough copying, too. Glad you both agree.

Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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Originally posted by Relic

...those little naked weirdos are going to get me investigated.
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post #9 of 87
Quote:
Originally Posted by Tallest Skil View Post

Yeah, I think Samsung has done enough copying, too. Glad you both agree.

Well said. I hope Apple win. Let Google and Samsung et al go and develop their own OS, heck if Microsoft can do it ... nuff said ...

(Clarification ... I am talking Mobile OS, of course I know MS couldn't develop their own desktop OS)
Enjoying the new Mac Pro ... it's smokin'
Been using Apple since Apple ][ - Long on AAPL so biased
nMac Pro 6 Core, MacBookPro i7, MacBookPro i5, iPhones 5 and 5s, iPad Air, 2013 Mac mini.
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Enjoying the new Mac Pro ... it's smokin'
Been using Apple since Apple ][ - Long on AAPL so biased
nMac Pro 6 Core, MacBookPro i7, MacBookPro i5, iPhones 5 and 5s, iPad Air, 2013 Mac mini.
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post #10 of 87
Justice must be served. Just take a look at what Samsung has been doing.
http://www.businessinsider.com/samsung-copies-2012-1

Besides, tell me Sammy fanboys, do you really want to support an evil company like Samsung?
http://www.publiceye.ch/en/vote/
post #11 of 87
Quote:
Originally Posted by Apple v. Samsung View Post

Apple said Siri was its largest team. Its looking like its lawyers are by far the largest single team at Apple.

It's really bad form to link to your own site in your sig. It also affects everything you post when your sig has a link to a pro Android site in it.

In other words you are not only being rude you are undercutting everything you say. Real smart.
post #12 of 87
Quote:
Originally Posted by Gatorguy View Post

Jeesh. . . enough already!!

You can't fault a company for defending its patent portfolio. Regardless what we think of the actual patents, if they are frivolous or really worthy, I feel Apple is going about this the correct way afforded by the law. Of all the companies making iPhone-like smart phones, Samsung is by far and wide the most obvious and arrogant of blatant patent infringement and slavish copying.

They make good LED TVs though... I have 3
post #13 of 87
I'm looking for a compelling argument as to why Samsung phones in their current state are so close to the iPhone in design and operation that they should be sued and potentially banned. It seems to me that only in the mobile phone and tablet industries can one company sue another for designing a product that borrows from the ideas of a competitor. In all industries, the products within some category are always designed to be as similar as possible to the products of a competitor without being outright copies. Look at the auto industry for one example. Car companies invest huge sums of money to design new cars that fit into about seven different categories that have existed for decades: sedans, coupes, SUVs, pickups, minivans, and wagons/hatchbacks. Within one of those categories, any given vehicle is going to be substantially similar to any other vehicle so that the differences between them come down largely to aesthetics or feel. This is even true if you compare current cars to older cars. Someone from the 60s would still recognize a sedan made today as being a sedan even though modern cars are different from those made in the 60s. Car designs are all slight variations on one theme, and it works for consumers. Why should the mobile phone market be any different, and more importantly why are you all so enthusiastic about having fewer choices for consumers? The Samsung Galaxy phones are clearly not identical to iPhones. Instead they are substantially similar so that the differences between them come down largely to aesthetics or feel. Hmm...
post #14 of 87
Just the fact that Apple had to file in a German court shows how US judicial system can't/won't protect American company IPs. samesung is peddling their disgusting products everywhere and even if Apple receives summary judgment in Germany, samesung products will have had infested the world with their lame copies of Apple. I hope Apple not only gets treble damages but is able to force evil samesung into bankruptcy. samesung does not deserve a place in the world. Does anyone here know how soon Apple can get summary judgement to block samesung products in Europe? Will the outcome affect rulings in US and Asia?
post #15 of 87
Quote:
Originally Posted by wakefinance View Post

I'm looking for a compelling argument as to why Samsung phones in their current state are so close to the iPhone in design and operation that they should be sued and potentially banned. It seems to me that only in the mobile phone and tablet industries can one company sue another for designing a product that borrows from the ideas of a competitor. In all industries, the products within some category are always designed to be as similar as possible to the products of a competitor without being outright copies. Look at the auto industry for one example. Car companies invest huge sums of money to design new cars that fit into about seven different categories that have existed for decades: sedans, coupes, SUVs, pickups, minivans, and wagons/hatchbacks. Within one of those categories, any given vehicle is going to be substantially similar to any other vehicle so that the differences between them come down largely to aesthetics or feel. This is even true if you compare current cars to older cars. Someone from the 60s would still recognize a sedan made today as being a sedan even though modern cars are different from those made in the 60s. Car designs are all slight variations on one theme, and it works for consumers. Why should the mobile phone market be any different, and more importantly why are you all so enthusiastic about having fewer choices for consumers? The Samsung Galaxy phones are clearly not identical to iPhones. Instead they are substantially similar so that the differences between them come down largely to aesthetics or feel. Hmm...

So buy those knock off Chinese manufactured fake LV handbags, fake Rolex watches, fake Tiffany rings, fake Mickey mouse toys, etc. etc. I'm sure samesung lovers will say their fake rolex watches have better parts in them.
post #16 of 87
Quote:
Originally Posted by Tallest Skil View Post

Yeah, I think Samsung has done enough copying, too. Glad you both agree.

That's totally unfair - they clearly haven't copied the Contacts and Messages icons yet since their contacts is uglier and messages has a different color. So people just BACK OFF!

Seriously though, it's incredible what a f*(#$&ing rip-off job Samsung (well, and Google) did, from hardware look to same exact number of icons, knock-off 'page' indicator, then 4 more icons on 'dock', including the green phone icon.

No no, I'm sure Apple copied it all too, right fandroids? Give me a break.
post #17 of 87
Quote:
Originally Posted by wakefinance View Post

I'm looking for a compelling argument as to why Samsung phones in their current state are so close to the iPhone in design and operation that they should be sued and potentially banned. It seems to me that only in the mobile phone and tablet industries can one company sue another for designing a product that borrows from the ideas of a competitor. In all industries, the products within some category are always designed to be as similar as possible to the products of a competitor without being outright copies. Look at the auto industry for one example. Car companies invest huge sums of money to design new cars that fit into about seven different categories that have existed for decades: sedans, coupes, SUVs, pickups, minivans, and wagons/hatchbacks. Within one of those categories, any given vehicle is going to be substantially similar to any other vehicle so that the differences between them come down largely to aesthetics or feel. This is even true if you compare current cars to older cars. Someone from the 60s would still recognize a sedan made today as being a sedan even though modern cars are different from those made in the 60s. Car designs are all slight variations on one theme, and it works for consumers. Why should the mobile phone market be any different, and more importantly why are you all so enthusiastic about having fewer choices for consumers? The Samsung Galaxy phones are clearly not identical to iPhones. Instead they are substantially similar so that the differences between them come down largely to aesthetics or feel. Hmm...

So you're comparing making a type of car/pickup/van/etc. (phone vs. tablet vs. pc) with making a car that people can't tell apart from 10 feet away? If you could park a Ferrari and a Ford in a courtroom and not have the Ford lawyers be able to tell you which car is which, you just might want to call it design infringement too.
post #18 of 87
Quote:
Originally Posted by jannewmx View Post

So buy those knock off Chinese manufactured fake LV handbags, fake Rolex watches, fake Tiffany rings, fake Mickey mouse toys, etc. etc. I'm sure samesung lovers will say their fake rolex watches have better parts in them.

You missed the point. A product that is outwardly identical to another product including brand name in order to deceive consumers is not an example of competition between similar products.
post #19 of 87
This is really easy to answer.

Quote:
Originally Posted by jannewmx View Post

Does anyone here know how soon Apple can get summary judgement to block samesung products in Europe?

Never


Quote:
Originally Posted by jannewmx View Post

Will the outcome affect rulings in US and Asia?

and No
post #20 of 87
Quote:
Originally Posted by mrstep View Post

So you're comparing making a type of car/pickup/van/etc. (phone vs. tablet vs. pc) with making a car that people can't tell apart from 10 feet away? If you could park a Ferrari and a Ford in a courtroom and not have the Ford lawyers be able to tell you which car is which, you just might want to call it design infringement too.

Why don't we consider scale here? Lets say you can't distinguish between an iPad and a Galaxy Tab from 10 feet away. You are then asked to distinguish a Ford from a Chevrolet from 10 feet. Whether or not you know which car is a Ford and which car is a Chevy, you can probably tell they are different. But cars are much larger than tablets, so lets move back to about 180 feet away. Can you still distinguish between them? That depends on how much you know about Fords and Chevrolets.
post #21 of 87
Quote:
Originally Posted by digitalclips View Post

Well said. I hope Apple win. Let Google and Samsung et al go and develop their own OS, heck if Microsoft can do it ... nuff said ...

(Clarification ... I am talking Mobile OS, of course I know MS couldn't develop their own desktop OS)

This isn't about the OS.
post #22 of 87
Quote:
Originally Posted by majjo View Post

To be fair though, apple hasnt been winning on design from the courts.
In netherlands they won on a patent for scrolling behavior.
In australia, they won on patents involving touch input and manufacturing processes.
Even in the US, i think the focus has now shifted to a patent on scrolling behavior yet again.

It was only in germany that apple won on a design basis. And even then it was not even on a design for currently shipping products.

So it seems that either the courts dont really seem to care about the design, or the case for copying design is weak.

I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.
post #23 of 87
Quote:
Originally Posted by Brainwashed View Post

This is really easy to answer.



Never




and No

Care to explain why you reached this conclusion?
post #24 of 87
Quote:
Originally Posted by jannewmx View Post

I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.

lol....
post #25 of 87
Quote:
Originally Posted by wakefinance View Post

Why don't we consider scale here? Lets say you can't distinguish between an iPad and a Galaxy Tab from 10 feet away. You are then asked to distinguish a Ford from a Chevrolet from 10 feet. Whether or not you know which car is a Ford and which car is a Chevy, you can probably tell they are different. But cars are much larger than tablets, so lets move back to about 180 feet away. Can you still distinguish between them? That depends on how much you know about Fords and Chevrolets.

Why do we need 10 feet to tell the difference? Because I could't tell the difference from even 10 inches away for this one.
Behold mates, a soon to be released Samsung Galaxy Ace Plus!!
http://www.gsmarena.com/samsung_gala...tures-4397.php
post #26 of 87
It looks like this is another case of Apple suing on the basis of Community Designs and not specifically any resemblance to current Apple products. At least that's what FOSSPatents is reporting. Apple is claiming the Galaxy designs resemble line-art drawings that Apple has EU rights on. With as many as they submitted, I have no doubt that anything Samsung, or HTC or Nokia or anyone else designs will resemble some line drawing of Apple's if they wish to pursue the issue. . .
which they do.

There are no technical patents being claimed in these new lawsuits, simply Community Designs.

EDIT: Coming from Florian Mueller, I found this amusing:
Quote: "If Samsung promised not to build flat rectangular devices with rounded corners, and not to use the colors black and white, Apple might be fine, but such a wide-ranging exclusion would go way beyond what the courts are going to expect Samsung to do."

http://fosspatents.blogspot.com/2012...ucts-with.html
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post #27 of 87
Quote:
Originally Posted by Gatorguy View Post

It looks like this is another case of Apple suing on the basis of Community Designs and not specifically any resemblance to current Apple products. At least that's what FOSSPatents is reporting. Apple is claiming the Galaxy designs resemble line-art drawings that Apple has EU rights on. With as many as they submitted, I have no doubt that anything Samsung, or HTC or Nokia or anyone else designs will resemble some line drawing of Apple's if they wish to pursue the issue. . .
which they do.

There are no technical patents being claimed in these new lawsuits, simply Community Designs.

Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.
post #28 of 87
Quote:
Originally Posted by wakefinance View Post

You missed the point. A product that is outwardly identical to another product including brand name in order to deceive consumers is not an example of competition between similar products.

I guess you don't know -- or possibly don't care -- much about what 'similar' means. Especially in IP lawsuits.
post #29 of 87
Quote:

Unbelievable.

They have no self-respect.
post #30 of 87
Quote:
Originally Posted by jannewmx View Post

Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.

Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.

The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.
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post #31 of 87
Keep up the lawsuits Apple! I'd like to see even more suing. Fandroids always get upset when Apple sues.

It's like Steve Jobs said, let's go thermonuclear!
post #32 of 87
Quote:
Originally Posted by jannewmx View Post

Good this means that if Apple wins this suit, they can get rid of samesung galaxy products in every EU country. EU is the only place where they're really serious about the crap samesung pulls over Apple. I think people who buy samesung stuff should also be legally liable. Seriously, they know what they are buying is a knock off. In some parts of the world buying knock offs is an offense that can be prosecuted or fined. At the least, Apple should be able to go after samesung distributors.

Wow, that's new. An Apple Nazi. How old are you? Eight?

Quote:
Originally Posted by jannewmx View Post

I'm sure Apple has built a stronger case this time and the courts will rule in favor of Apple. Previous courts were either corrupt or dumb, because I can't understand how they can't see through all the lying, deceit and manipulation by samesung. I wonder if other companies like Microsoft, Nokia, RIM, HTC, Sony can sue samesung after Apple wins this case for their loss of market share. It's obvious that samesung by copying Apple not only hurt Apple but other companies as well.

You're too dumb to even spell Samsung right. Unbelievable.
post #33 of 87
Apple = cry baby

"Like I said before, share price will dip into the $400."  - 11/21/12 by Galbi

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"Like I said before, share price will dip into the $400."  - 11/21/12 by Galbi

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post #34 of 87
Quote:
Originally Posted by Gatorguy View Post

Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.

The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.

You honestly think that people are going to buy that?

"Like I said before, share price will dip into the $400."  - 11/21/12 by Galbi

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"Like I said before, share price will dip into the $400."  - 11/21/12 by Galbi

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post #35 of 87
Whatever Apple does or whether it loses the injunction case or not, Samsung will continue to copy Apple products and even Apple TV commercials. One particular Samsung Galaxy Tab 10.1 commercial I saw in South Korea was not only similar to Apple's localized iPad TV ad but the voice actor in it used the same exact intonation as the voice actor in Apple's localized TV ad. That was sickening.
post #36 of 87
Quote:
Originally Posted by anantksundaram View Post

I guess you don't know -- or possibly don't care -- much about what 'similar' means. Especially in IP lawsuits.

It's ok if you don't know what similarity means with regards to IP lawsuits; I don't know the legal definition either. All you have to know to understand what I was saying is the difference between identical and similar. A fake Rolex is what you would call identical because it would take close inspection, possibly even inspection of the internal mechanism, to tell the difference between the real Rolex and the copy. A Timex is what you would call similar. Both being watches with three hands and a range of possible dials within the larger face, they are substantially similar devices, but one of them feels a little nicer, has a better design, and is probably a more accurate timekeeper. You can tell them apart even though they serve the same purpose and do it in mostly the same ways. That is the same set of conditions surrounding the iPhone and its competitors. They are not identical even though they serve the same purpose and do it in mostly the same ways.
post #37 of 87
Quote:
Originally Posted by eric475 View Post

Whatever Apple does or whether it loses the injunction case or not, Samsung will continue to copy Apple products and even Apple TV commercials. One particular Samsung Galaxy Tab 10.1 commercial I saw in South Korea was not only similar to Apple's localized iPad TV ad but the voice actor in it used the same exact intonation as the voice actor in Apple's localized TV ad. That was sickening.

That would be a copyright violation, if Apple's ad is copyrighted in Korea.
post #38 of 87
Quote:
Originally Posted by Gatorguy View Post

Apple isn't claiming the Samsung products are "knock-off's" of anything Apple sells. That there might not be any actual Apple product that used those designs doesn't matter.

The suits have nothing at all to do with claiming Samsung's Galaxy's looking like iPhones or iPads. Instead Apple claims they too closely resemble a two-dimensional drawing that Apple created and submitted for registering a Community Design.

Good luck with that...I've tried to explain that ad infinitum in the Tab case and no one seemed to pay attention and kept saying that the suit was about resemblance to the iPad when it was about a drawing.
post #39 of 87
I think Apple product owners should file a tort claim against samesung. Samesung's blatant copying of Apple's products make Apple products value go down, hence lowering the value of Apple product's resale value. I think this lawsuit will be a game changer for Apple. Samesung is like a famous forger, just 'cause they copy Apple products better than every other manufacturer who tries to mimic Apple, doesn't excuse them from their 'illegal' activities. It's just pathetic how a forger's forgery is valued higher than some other manufacturers who make honest phones.
post #40 of 87
Quote:
Originally Posted by Apple ][ View Post

Keep up the lawsuits Apple! I'd like to see even more suing. Fandroids always get upset when Apple sues.

It's like Steve Jobs said, let's go thermonuclear!

don't you have homeless people to burn?
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