Samsung attorney says Australian judge wrong in banning its iPad-like tablet

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  • Reply 21 of 67
    quinneyquinney Posts: 2,528member
    Quote:
    Originally Posted by oneof52 View Post


    As a lawyer who practices both plaintiff and defense work, if you are bitching that the judge didn't understand key elements, you did a shitty job.



    That sounds right.

    Tell me something else. Does it usually benefit a lawyer, in subsequent hearings on the same case,

    to have said publicly that the judge was wrong?
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  • Reply 22 of 67
    splifsplif Posts: 603member
    Quote:
    Originally Posted by AbsoluteDesignz View Post


    I still am shocked that Apple managed to get a monopoly on a rounded minimalistic rectangle...



    more shocked that the design patent put forth wasn't even for the actual iPad -_-



    Maybe this will help with your over simplification of the lawsuit:



    http://www.theverge.com/2011/04/19/a...sung-analysis/
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  • Reply 23 of 67
    feynmanfeynman Posts: 1,087member
    Last thing you want to do is tell a judge that they were wrong!
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  • Reply 24 of 67
    Quote:
    Originally Posted by AbsoluteDesignz View Post


    I still am shocked that Apple managed to get a monopoly on a rounded minimalistic rectangle...



    more shocked that the design patent put forth wasn't even for the actual iPad -_-



    yeah, because they actually did get a patent on a rounded rectangle. The clueless fandrones and microsoft drones love saying such stupid things. If you know nothing about the actual lawsuit, why comment? Obvious troll is obvious.
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  • Reply 25 of 67
    chris_cachris_ca Posts: 2,543member
    Quote:

    Samsung attorney says Australian judge wrong in banning its iPad-like tablet



    Uh, I highly doubt the Samsung lawyers said the Galaxy Tab was an "iPad-like tablet".

    Isn't that why it was banned and isn't their argument just the opposite?
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  • Reply 26 of 67
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by Splif View Post


    Maybe this will help with your over simplification of the lawsuit:



    http://www.theverge.com/2011/04/19/a...sung-analysis/



    Thanks for providing that, but the Samsung shills will refuse to look at anything that interferes with their insane arguments. Let's quote the relevant part:

    Quote:

    So with all that background, here's Apple's list of trade dress elements it thinks Samsung is infringing:



    Hardware and software trade dress claims



    - a rectangular product shape with all four corners uniformly rounded;

    - the front surface of the product dominated by a screen surface with black borders;

    as to the iPhone and iPod touch products, substantial black borders above and below the screen having roughly equal width and narrower black borders on either side of the screen having roughly equal width;

    - as to the iPad product, substantial black borders on all sides being roughly equal in width;

    - a metallic surround framing the perimeter of the top surface;

    - a display of a grid of colorful square icons with uniformly rounded corners; and

    - a bottom row of square icons (the "Springboard") set off from the other icons and that do not change as the other pages of the user interface are viewed.



    Packaging trade dress claims



    - a rectangular box with minimal metallic silver lettering and a large front-viewpicture of the product prominently on the top surface of the box;

    - a two-piece box wherein the bottom piece is completely nested in the top piece; and

    - use of a tray that cradles products to make them immediately visible upon opening the box.



    Apple did not get a patent on a rounded rectangle. It had to have a LOT more characteristics, as well.
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  • Reply 27 of 67
    Quote:
    Originally Posted by tylerk36 View Post


    It's iterating how the battles are being fought in other countries and not here in the US. We hear more about Germany and Australia and so forth then we do here in the US. Imagine how much money is spent to fight this in Australia. I bet the Attorney's fees are staggering.



    Competition is good for the industry. I know that Apple thinks Samsung is copying their iPad but if Apple is doing so well why spend so much money to block them when Apple could just build a better iPad that Samsung can't even come close to before hand?



    apple did build a better product and samsung did just copy it ..thats the problem apple makes and samsung copies.
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  • Reply 28 of 67
    MacPromacpro Posts: 19,873member
    Quote:
    Originally Posted by bullhead View Post


    yeah, because they actually did get a patent on a rounded rectangle. The clueless fandrones and microsoft drones love saying such stupid things. If you know nothing about the actual lawsuit, why comment? Obvious troll is obvious.



    Hint ... Ignore list
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  • Reply 29 of 67
    Quote:
    Originally Posted by Feynman View Post


    Last thing you want to do is tell a judge that they were wrong!



    That's why you tell the other judges, at the Appeals Court.



    Keep your day job, boi-lawyer...
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  • Reply 30 of 67
    Quote:
    Originally Posted by bullhead View Post


    yeah, because they actually did get a patent on a rounded rectangle. The clueless fandrones and microsoft drones love saying such stupid things. If you know nothing about the actual lawsuit, why comment? Obvious troll is obvious.



    Explain how my opinion on the design patent (which isn't Australia so I was off topic) is equivalent to trolling.



    The design patent levied against Samsung in another jurisdiction was for a product that doesn't and most likely wont exist. Not for looking like an iPad.
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  • Reply 31 of 67
    Quote:
    Originally Posted by jragosta View Post


    Thanks for providing that, but the Samsung shills will refuse to look at anything that interferes with their insane arguments. Let's quote the relevant part:





    Apple did not get a patent on a rounded rectangle. It had to have a LOT more characteristics, as well.



    Android 3.0 did not look like iOS for tablets.



    The Tab does not look like an iPad.



    The design patent is a drawing.



    The drawing is of a non existent product.



    Like I said, which you Apple fans seem to ignore, of the billion things apple is suing Samsung for (especially trade dress) I don't think the Tab looking like an iPad should be one.



    Opinion.



    I swear you all have selective reading if you think I am in any way a Samsung shill.
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  • Reply 32 of 67
    Quote:
    Originally Posted by AbsoluteDesignz View Post


    I swear you all have selective reading if you think I am in any way a Samsung shill.



    Of course you're not. You can't fool us, you're an Android shill!
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  • Reply 33 of 67
    Quote:
    Originally Posted by AbsoluteDesignz View Post


    I still am shocked that Apple managed to get a monopoly on a rounded minimalistic rectangle...



    more shocked that the design patent put forth wasn't even for the actual iPad -_-



    Apple do not have monopoly on rounded rectangle. No company can have monopoly on a rectangle or rounded corners. Till date only one Judge (German) has sided with Apple on this design philosophy and that too on following (if you have read the German ruling)



    (i) an overall rectangular shape with four evenly-rounded corners,

    (ii) a flat clear surface covering the front of the device that is without any ornamentation,

    (iii) a rectangular delineation under the clear surface, equidistant to all edges,

    (iv) a thin rim surrounding the front surface,

    (v) a backside with rounded corners and edges bent toward to the top, and

    (vi) a thin form factor



    In other words all of the above characteristics needs to be present in a single device to violate Apple patent/community design.. The whole German case was based on above points only and nothing else (no trade dress, grid of icons, etc ).



    Moreover in the ruling it was made clear by German judge that point 1 and 2 are obvious design choices. And since no body can lay claim over thin form factor, the whole lawsuit was centered on point (iii), (iv) and (v).



    Since Galaxy tab has all above points as mentioned above, it was banned, and now Samsung has redesigned the same as Galaxy Tab 10.1N
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  • Reply 34 of 67
    Right, especially when you follow the "All Korean look alike, but deep down they are different" logic, then Australian judge did make a mistake.
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  • Reply 35 of 67
    Quote:
    Originally Posted by Dickprinter View Post


    Of course you're not. You can't fool us, you're an Android shill!



    lol, well my Android bias is definitely prominent but I'd hardly call myself a shill. I have many critiques for the platform as well as many likes. And just as I don't blindly hate Apple I don't get the blind hatred towards Android...and just as I don't misrepresent, lie, or exaggerate things negative about iOS I don't understand why people do it for Android.
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  • Reply 36 of 67
    Quote:
    Originally Posted by simpleankit View Post


    ----



    Yes I am aware of that and I still don't agree. Because each and every claim is broad as fuck.
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  • Reply 37 of 67
    Quote:
    Originally Posted by digitalclips View Post


    Hint ... Ignore list



    Yes...the answer to anyone who disagrees with you. Ignore them.
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  • Reply 38 of 67
    piotpiot Posts: 1,346member
    Quote:
    Originally Posted by AbsoluteDesignz View Post


    ...and just as I don't misrepresent, lie, or exaggerate things negative about iOS....





    Quote:

    I still am shocked that Apple managed to get a monopoly on a rounded minimalistic rectangle...





    ?????
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  • Reply 39 of 67
    Quote:
    Originally Posted by piot View Post


    ?????



    for someone who actually quoted the entire thing I said pertaining to "exaggerate" the fact that you managed to practically quote mine it is shocking.



    Quote:

    or exaggerate things negative about iOS....



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  • Reply 40 of 67
    jeffdmjeffdm Posts: 12,954member
    Quote:
    Originally Posted by quinney View Post


    That sounds right.

    Tell me something else. Does it usually benefit a lawyer, in subsequent hearings on the same case,

    to have said publicly that the judge was wrong?



    Normally, they code it in a diplomatic statement by saying that they disagree with the ruling and file an appeal. When you make it about the person, it can set you up with future trouble.
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