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Samsung fails to convince court to stay Galaxy Tab injunction

post #1 of 45
Thread Starter 
Samsung has been unsuccessful in a bid to have an Apple-sought injunction against its Galaxy Tab 10.1 put on hold while it appeals the ban.

Reuters reported on Monday that a district court in the U.S. denied the South Korean electronics maker's request. Samsung had hoped to have the injunction put off until its appeal had been heard.

Judge Lucy Koh handed down the Galaxy Tab injunction last week after Apple won an appeal to have a design patent reevaluated for validity. Though Koh had ruled that the patent in question was obvious, the appeals court reversed the decision and paved the way for the injunction.

Samsung will still have a shot at having the injunction lifted via the appeal it filed with a federal appeals court.

In addition to the Galaxy Tab 10.1 ban, Samsung was hit with an injunction against its Galaxy Nexus smartphone last week. The sales ban is a heavy blow to Samsung, as the Galaxy Nexus is the flagship device for the Ice Cream Sandwich release of Android and one of the company's top-selling smartphones.

Some industry sources have suggested that Samsung could lose as much as $60 million from the Galaxy Tab injunction and $120 million from the Galaxy Nexus ban.

Samsung's situation has become sufficiently dire that the company announced it was "working closely" with Google to defend itself. Though Google publicly declared support for its partners at the start of the legal confrontation between Apple and several prominent Android vendors, the company had stopped short of a declaration of support for Samsung in the past.

Galaxy Tab 10.1



Topeka Capital Markets analyst Brian White said on Monday that Samsung could have "big problems on its hands" if Apple succeeds in a third injunction against the company. Apple took aim at the new Galaxy S III shortly after it was announced, but Judge Koh said she couldn't fit the device into the near-term schedule.

Recent developments in Apple's legal disputes have begun to give shape to late co-founder Steve Jobs' vow to "destroy" Google Android. According to Jobs' biographer, the executive promised to go "thermonuclear war" on the rival operating system because he felt Google had betrayed his company and stolen its innovations. Apple's current CEO Tim Cook has been less dramatic in his public statements about the litigation, but he has repeatedly voiced a strong commitment to defending the company's intellectual property.
post #2 of 45
"What do they care? They're two versions on now; this one is worthless to everyone."

Originally posted by Marvin

Even if [the 5.5” iPhone exists], it doesn’t deserve to.
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post #3 of 45

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post #4 of 45

Samsung is profitable and will survive this setback. And consumers will get something good out of it: products that are more original! More variety and choice in the market. Less lazy following/copying. Other companies besides Samsung may be pushed in that direction too for fear of legal costs—and with any luck that will mean more Microsoft-style innovation in the tablet/touch market! (Would have sounded crazy in years past, but these days it’s true! Surface + Windows 8 is a response to Apple that wouldn’t have happened without the iPhone and iPad, but they are NOT me-too lazy copycats.)

 

Quote:
Originally Posted by SolipsismX View Post

Ha! (I love everything Mitchell and Webb EXCEPT the snookers thing. Ah well, I’m not British.)

post #5 of 45

Good.

 

I consider myself both technically savvy and pretty up to date with technology, and I mistook the Galaxy Tab for an iPad at first glance ("That's a strange looking iPad... wait a second, that's not an iPad at all!"). It's a complete knock-off. Other Android tablet manufacturers have proven that they can manufacture tablets without being derivative (look at Asus's Transformer series - oh how I would love for Apple to do something like that with the MacBook Air).

 

I'm a pretty reasonable guy, and I am not a fan of software patents or really even patents in general. While I'm not too happy with the Galaxy Nexus injunction, Samsung deserves everything that they get with the Galaxy Tab.

post #6 of 45

Samsung getting EXACTY what it deservers.  An epic smack-down.  I hope this serves as a lesson to all copyists that unless you're prepared to go all the way legally and just let the lawyers get rich, be prepared to do your own products and not use Apple as your R&D department.

Crossing fingers tightly that the Galaxy/Nexus phones are next on the chopping block!

post #7 of 45
Quote:
Originally Posted by nagromme View Post

Ha! (I love everything Mitchell and Webb EXCEPT the snookers thing. Ah well, I’m not British.)

I'm right there with you. I can't stand it but they have so... many... damn skits with it that I've decided to post that every time Samsung loses some court skirmish against Apple. It's quite fitting.


PS: I'm not British either. My ancestry is British and I've spent enough of time in the UK that one could describe me as Britishish but that's about itish.
Edited by SolipsismX - 7/2/12 at 8:51pm

"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

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post #8 of 45

Why would Google defend Samsung? If Samsung hadn't infringed, they wouldn't be in this mess. This is Samsung's mess.

"Apple should pull the plug on the iPhone."

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post #9 of 45

Customers getting tired of Samsungs copying. Really shows where Samsung is at in their technology revolution. The answer is nowhere. If Samsung is so intuitive and great why don't they design their own Smartphones, tablets etc.

post #10 of 45

In future history books, when they write about significant technological innovations and game changing devices, you can safely bet your ass that the iPhone and iPad will be mentioned. However, Android will be nowhere to be found in those books, besides maybe in a little footnote or two, where they happen to mention how Apple's breakthrough devices changed the whole industry and triggered a whole slew of pathetic and miserable copycats, including Android. If Fandroids are mentioned, they will be described as stingy, fanatical, root happy, cultish, delusional beings with a shaky grasp on reality and possessing the combined intelligence of a raving group of zombies who've all been lobotomized.

post #11 of 45

Hhahaha.. finally some justice is served!!!

 

Samsung got samsunged! LMAO!

 

lol.gif

post #12 of 45

Apple needs to go after Google now for corporate espionage since Eric Schmidt was on Apple's board of directors when the iPhone was in development and had a first look at all ideas.  The people who talk about Apple for buying and improving on as not being inventive should look at android, Google didn't invent android they bought android.  

2004 PowerBook G4, 2005 PowerMac G5, 2008 MacPro, iPhone 4, 2011 MacBook Pro, White iPhone 4s

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post #13 of 45
Quote:
Originally Posted by AppleInsider View Post

Some industry sources have suggested that Samsung could lose as much as $60 million from the Galaxy Tab injunction
What "industry sources"?
Samsung employees/lawyers/PR people?
post #14 of 45
Quote:
Originally Posted by AppleInsider View Post

.
Some industry sources have suggested that Samsung could lose as much as $60 million from the Galaxy Tab injunction

Again, isn't the bond figure precisely set to cover the penalized company loss if the injunction is overturned afterward? If yes those 'industry sources' claim doesn't make sense. Moreover the loss for the Galaxy Tab injunction was claimed to be $80 million in your earlier article...

post #15 of 45
Quote:
Originally Posted by Apple ][ View Post

stingy, fanatical, root happy, cultish, delusional beings with a shaky grasp on reality and possessing the combined intelligence of a raving group of zombies who've all been lobotomized.

We have reached a new low.

post #16 of 45
Quote:
Originally Posted by sflocal View Post

Samsung getting EXACTY what it deservers.  An epic smack-down.  I hope this serves as a lesson to all copyists that unless you're prepared to go all the way legally and just let the lawyers get rich, be prepared to do your own products and not use Apple as your R&D department.

Crossing fingers tightly that the Galaxy/Nexus phones are next on the chopping block!

 

yeah, because it's not like Apple has copied ideas from Android or anything. Oh wait, forgot about that notification center thing or alert banners, or turn by turn navigation... so, are you prepared for the epic smack down on Apple, since they copied? or are you a hypocrit?

post #17 of 45
Quote:
Originally Posted by Apple ][ View Post

In future history books, when they write about significant technological innovations and game changing devices, you can safely bet your ass that the iPhone and iPad will be mentioned. However, Android will be nowhere to be found in those books, besides maybe in a little footnote or two, where they happen to mention how Apple's breakthrough devices changed the whole industry and triggered a whole slew of pathetic and miserable copycats, including Android. If Fandroids are mentioned, they will be described as stingy, fanatical, root happy, cultish, delusional beings with a shaky grasp on reality and possessing the combined intelligence of a raving group of zombies who've all been lobotomized.

 

177354831.PNG

 

 

Dude, you're very insulting to zombies!

 

What have they ever done to us?

 

(Other than eat our brains)

post #18 of 45
Quote:
Originally Posted by Mac.World View Post

 

yeah, because it's not like Apple has copied ideas from Android or anything. Oh wait, forgot about that notification center thing or alert banners, or turn by turn navigation... so, are you prepared for the epic smack down on Apple, since they copied? or are you a hypocrit?

 

But isn't Apple allowed to copy from Android?

 

Isn't it open? ;-)

post #19 of 45
Quote:
Originally Posted by GTR View Post

But isn't Apple allowed to copy from Android?

Isn't it open? ;-)
Nope. Google filed a patent in 2009 for a notification bar and drop down list. It still hasn't been approved, which is why Apple can steal the idea. However, once the patent is approved, Apple will be in for a world of hurt.

And yes Android is open source, but it is still licensed.
post #20 of 45
Quote:
Originally Posted by Mac.World View Post

yeah, because it's not like Apple has copied ideas from Android or anything. Oh wait, forgot about that notification center thing or alert banners, or turn by turn navigation... so, are you prepared for the epic smack down on Apple, since they copied? or are you a hypocrit?

Google invented turn-by-turn navigation ...? That's sure news to me :s
post #21 of 45
Quote:
Originally Posted by blursd View Post

Google invented turn-by-turn navigation ...? That's sure news to me :s

Didn't say they invented it. However, baking it into the OS is copying an Android feature that has been incorporated into the OS for years. But I'm sure all the Apple faithful will hail turn by turn mavigation on the iphone as 'innovative and new', just like they did with the notification center in ios5.
post #22 of 45
Quote:
Originally Posted by Mac.World View Post

yeah, because it's not like Apple has copied ideas from Android or anything. Oh wait, forgot about that notification center thing or alert banners, or turn by turn navigation... so, are you prepared for the epic smack down on Apple, since they copied? or are you a hypocrit?

Why do people keep bringing up the notification center? It was "copied" from the iOS jailbreak version, Apple hired the developer. What patent for the notification center do you think Apple violated?
post #23 of 45
Speaking of Samsung, slight off-topic, but from the past few months they have been advertising their Smart TV like crazy. It has 'voice control, motion control and facial recognition'. It almost like they had a checklist that read "functions in the rumored Apple HDTV" and checked everything off with a smug "now let's see what they come out with, which we can't claim to have had before"! Too bad I bought mine much earlier, when the Smart TV option was just another passive thing buried under one of the menu options! Lovely TV by the way, the Samsung Series 7 3D one.
post #24 of 45
Quote:
Originally Posted by Mac.World View Post


Nope. Google filed a patent in 2009 for a notification bar and drop down list. It still hasn't been approved, which is why Apple can steal the idea. However, once the patent is approved, Apple will be in for a world of hurt.
And yes Android is open source, but it is still licensed.

 

Looks like apple were planning on notification centre before that .. before the release of the first android phone in fact... 

 

http://www.appleinsider.com/articles/08/09/18/potential_iphone_usability_and_interface_improvements.html

post #25 of 45
Quote:
Originally Posted by Mac.World View Post


Didn't say they invented it. However, baking it into the OS is copying an Android feature that has been incorporated into the OS for years. But I'm sure all the Apple faithful will hail turn by turn mavigation on the iphone as 'innovative and new', just like they did with the notification center in ios5.

Apple can integrate the text to speech feature first demonstrated by Steve Jobs at the launch of the Macintosh in 1984, to read out a list of directions compiled by their navigation and mapping software.

 

As far as the drop down notifications go they have been part of OSX for years, iOS is a cut down version of OSX, in 2007, while accessing the menu on a phone call a green bar across the top of the screen served as notification of an active call in progress, a tap (zero length swipe) on this green bar, slid down the in call menu, obviously Google copied this for Android.

 

How do you say prior art?

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post #26 of 45
Quote:
Originally Posted by Wovel View Post


Why do people keep bringing up the notification center? It was "copied" from the iOS jailbreak version, Apple hired the developer. What patent for the notification center do you think Apple violated?

 

They don't, it's one of the last refuges of the desperate.

 

Just think Samsung devices have now been banned on three continents due to blatant copying of Apple.

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post #27 of 45

According to Bloomberg Business Week, the Judge Koh said in the ruling that

 

“As Samsung itself concedes, the injunction will cause Samsung minimal harm because it has other tablet products on the market,”

 

So, the Judge acknowledges that there would be minimal harm to Apple if PI was not awarded to Apple.  So where is the irreparable harm to Apple?

post #28 of 45
Quote:
Originally Posted by Suddenly Newton View Post

Why would Google defend Samsung? If Samsung hadn't infringed, they wouldn't be in this mess. This is Samsung's mess.

Because the infringing items are in Android, as well. That makes Google a contributory infringer.

From Apple's perspective, it's easier to go after the device manufacturer first. Once they get one or more clear court decisions that the technology infringes Apple's patents, it's easier to go after Google.

From Google's perspective, if they can prevent Apple from getting a win against a hardware manufacturer, then Google is probably relatively safe. So it is in Google's interest to help Samsung to defend itself.
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post #29 of 45

So how does one mistake a Galaxy Tab 10.1(n) for an iPad when it says Samsung on the front of it.  Clearly some require better vision than others.  Beyond that it was obvious Judge Koh was not going to reverse her ruling so onto the Federal Court of Appeals where logic will prevail.  Also its about precedent, Samsung cannot and should not have to face injunctions on the Galaxy Nexus and Galaxy S3 for supposedly looking like an iPhone which they clearly do not have any look, feel or design elements.  Samsung should just go pure Android OS (no Touch Whiz Skin) on every device, and add in their free apps and be done with it.  Then it becomes a Samsung/Google vs Apple courtroom battle since it will be an untouched UI implementation and Google would have to get into it as well.

 

Seems to me that Apple is very scared of the Samsung products that are coming to market.  Not for the look and feel crap they tout, but because Samsung is actually bringing solutions that challenge Apple.  I don't plan on getting a Galaxy S3, I am waiting for the iP5, but the legal crap is irritating.

post #30 of 45
Quote:
Originally Posted by hill60 View Post

Apple can integrate the text to speech feature first demonstrated by Steve Jobs at the launch of the Macintosh in 1984, to read out a list of directions compiled by their navigation and mapping software.

As far as the drop down notifications go they have been part of OSX for years, iOS is a cut down version of OSX, in 2007, while accessing the menu on a phone call a green bar across the top of the screen served as notification of an active call in progress, a tap (zero length swipe) on this green bar, slid down the in call menu, obviously Google copied this for Android.

How do you say prior art?

Next time you get punched in the face make sure you tell the police it was a zero length caress.
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"Just because something is deemed the law doesn't make it just" - SolipsismX
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"Few things are harder to put up with than the annoyance of a good example" Mark Twain
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post #31 of 45
Quote:
Originally Posted by hjb View Post

According to Bloomberg Business Week, the Judge Koh said in the ruling that

“As Samsung itself concedes, the injunction will cause Samsung minimal harm because it has other tablet products on the market,”


So, the Judge acknowledges that there would be minimal harm to Apple if PI was not awarded to Apple.  So where is the irreparable harm to Apple?

Really? The judge acknowledged that?

On which planet?
post #32 of 45
Quote:
Originally Posted by hill60 View Post

Apple can integrate the text to speech feature first demonstrated by Steve Jobs at the launch of the Macintosh in 1984, to read out a list of directions compiled by their navigation and mapping software.

 

As far as the drop down notifications go they have been part of OSX for years, iOS is a cut down version of OSX, in 2007, while accessing the menu on a phone call a green bar across the top of the screen served as notification of an active call in progress, a tap (zero length swipe) on this green bar, slid down the in call menu, obviously Google copied this for Android.

 

How do you say prior art?

 

You're arguing that iOS had a "Notification Shade" a-la Android, which Android had in version 1.0, before they implemented it in iOS 5, just like Android--yet that Android stole Slide to Unlock from them?

 

Then you cite Prior Art?

 

lol.

post #33 of 45
Quote:
Originally Posted by RaptorOO7 View Post

So how does one mistake a Galaxy Tab 10.1(n) for an iPad when it says Samsung on the front of it.
What does this have to do with this story (about the Galaxy Tab 10.1, not the Galaxy Tab 10.1(n) )?
post #34 of 45
Quote:
Originally Posted by hjb View Post

According to Bloomberg Business Week, the Judge Koh said in the ruling that

“As Samsung itself concedes, the injunction will cause Samsung minimal harm because it has other tablet products on the market,”


So, the Judge acknowledges that there would be minimal harm to Apple if PI was not awarded to Apple.  So where is the irreparable harm to Apple?

The judge quoted Samsung's suggestions in opposition to the motion for preliminary injunction. That Samsung wouldn't suffer danages that monetary relief could not remedy says nothing about the damages that Apple would suffer absent the preliminary injunction.
post #35 of 45
I have a few things to say on this matter: what I think the requirements for patent eligibility should be and this lawsuit. I contend that Samsung copied design elements From the iPhone in the iPad. I do not think that exclusive rights should be able to be granted on the those particular design elements. They are too simplistic and tooI fundamental to be patentable subject matter. Apple's claim to these design elements is much too broad. Please understand that I am not talking about my interpretation of current law, I am talking about what I think the guidelines should be.
post #36 of 45
Quote:
Originally Posted by Bought_it@AAPL View Post

The judge quoted Samsung's suggestions in opposition to the motion for preliminary injunction. That Samsung wouldn't suffer danages that monetary relief could not remedy says nothing about the damages that Apple would suffer absent the preliminary injunction.

So, what would be the irreparable harm that Apple would suffer when PI was not given?
post #37 of 45
Quote:
Originally Posted by anantksundaram View Post

Really? The judge acknowledged that?
On which planet?

Maybe not on your planet. It called the EARTH, lol.
post #38 of 45
Quote:
Originally Posted by hjb View Post

So, what would be the irreparable harm that Apple would suffer when PI was not given?

It gave Samsung a foothold in the market that they would otherwise not have had. Once market share is lost, it's extremely difficult to recover it later.
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post #39 of 45
Quote:
Originally Posted by jragosta View Post


It gave Samsung a foothold in the market that they would otherwise not have had. Once market share is lost, it's extremely difficult to recover it later.

Hahaha, you are joking right?  You and Koh gave me the best laugh this year.  What a joke!!!

post #40 of 45
Quote:
Originally Posted by hjb View Post

Hahaha, you are joking right?  You and Koh gave me the best laugh this year.  What a joke!!!


It's very clear that Samsung's copycat tactics have clearly given it a leg up in the Android-based market. Samsung is the only such vendor that is thriving and most of them aren't even in the black at all. Regardless of how one feels about their ethics their stealing of Apple's IP has clearly been highly profitable and has given them a production-level understanding of how to build superior handsets that other Android-based vendors can't match.

"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
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