Apple has been defeated in a court case against Samsung in the UK - Galaxy Tab 8.9 General

Samsung had requested this voluntary trial in September 2011, in order to oppose Apple’s ongoing efforts to reduce consumer choice and innovation in the tablet market through their excessive legal claims and arguments. Apple has insisted that the three Samsung tablet products infringe several features of Apple’s design right, such as 'slightly rounded corners,' 'a flat transparent surface without any ornamentation,' and 'a thin profile.'
"However, the High Court dismissed Apple’s arguments by referring to approximately 50 examples of prior art, or designs that were previously created or patented, from before 2004. These include the Knight Ridder (1994), the Ozolin (2004), and HP’s TC1000 (2003). The court found numerous Apple design features to lack originality, and numerous identical design features to have been visible in a wide range of earlier tablet designs from before 2004."
[Source]
www.androidcentral.com/british-high...nizable-differences-between-ipad-and-galaxy-t
Sent from my GT-I9300 using xda premium app

That's good. All this patent trolling is getting ridiculous, and it ain't just Apple either.
But the details there, it just goes to show how vague they can make these claims. There really needs to be some kind of reform of patent laws, particularly in this part of the industry which is only just finding its feet. Everybody seems to want to exclusively own this new big thing. Sure the iPad was the first system to take the tablet idea, merge it with a smartphone OS and capacitive touch screen etc. and use it in such a way but it most definitely wasn't the first attempt at a tablet/slate computer.
This really isn't what Steve Jobs would have wanted at all. He always celebrated his competitors and the drive they gave his company to do better. If people just crushed any competitors which came up in their industry, power users would still be using BlackBerry phones...

I'm glad there is a court that sees through Apples BS.
I know trade dress is easier to defeat then bs patents but it is a nice start

I hope that this time Apple won't ask for Samsungs technology one month later...

http://www.lockergnome.com/news/2012/07/10/corporations-into-causes/
Either way, patent disputes have been going on for as long as patent law has existed. Corporations buy companies explicitly for the patents they posses, because patents are the new product. If you develop a new way of overcoming a technological hurdle, you’re almost guaranteed a buyout these days if you have the foresight to patent your idea. The rights to that idea are far more valuable than the products themselves (for some reason) thanks to the way the current patent system exists.
Apple has been called out for achieving an injunction against the Galaxy Nexus. This isn’t the first time Apple has taken legal action to protect its patents, and the reasoning behind these actions can be a much deeper rabbit hole than it might appear on the surface.
For starters, if you don’t defend your patent in one case, you may lose any legal grounds you have to defend it in another. It’s not like other companies aren’t suing to protect their own properties. Apple just happens to be the one that received an injunction.
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Pretty interesting article.
I can't see how they managed to get the injunction though. I could understand with the Galaxy S1 or the Galaxy Ace (they pretty much copied the whole design there), or even the Tab 10.1, but the Nexus barely even resembles an iPhone. But this is why Google bought Motorola - did anybody think Motorola had anything going for them, really? They just own a tonne of patents Google want. Sammy have been constantly trying to sue Apple at the same time, this has been going on for ages, just for some stupid reason they got an injunction here.

Related

Apple is suing HTC

Apple has filed a lawsuit against Taiwanese manufacturer HTC, citing 20 patent infringements including UI and hardware as well as architectural design.
Apple has filed suit in the US District Court, as well as the US International Trade Commission (ITC): the latter presumably in the hope of blocking HTC from importing patent-infringing electronics into the USA, but the details of the offending patents aren't yet clear.
"We think competition is healthy, but competitors should create their own original technology, not steal ours," says Steve Jobs in the canned statement from Cupertino. The statement goes on to point out that Apple "ignited the personal computer revolution in the 1970s" and "reinvented the personal computer in the 1980s" - just in case anyone had doubts about who was the most innovative company.
HTC has its own user interface, TouchFlo, which is used across its own-brand handsets, but Apple's beef is more likely to be about HTC's role in the production of Google's Nexus One. Earlier this month the Nexus One got a software update which enabled multi-touch, including an implementation of "pinch to zoom" - something much admired on the iPhone and well protected by Apple's patent library.
Quite where HTC is infringing with regard to "underlying architecture" and "hardware" we're not clear. HTC isn't commenting and Apple is mysteriously quiet for us as ever, but once we find out we'll be sure to let you know. ®
http://www.theregister.co.uk/2010/03/02/apple_patent_htc/
LOL apple must want to offset nokia suing them
its all a bit ridiculous really, Nokia are suing Apple and Apple are also suing Nokia over various patent infrigements.
HTC Statement: "We only learned of Apple's actions based on your stories and Apple's press release. We have not been served yet so we are in no position to comment on the claims. We respect and value patent rights but we are committed to defending our own innovations. We have been innovating and patenting our own technology for 13 years."
via engadget.
Double thread.

Apple, the stupid never ends - CALL FOR BOYCOTT

Apple has patented the look of the tablet, and has already won an injunction in Germany:
http://www.zdnet.com/blog/hardware/...-oems-from-building-tablets/14175?tag=nl.e550
Apple has successfully blocked one tablet, and their so-called patent in Spain (a crude drawing) could ban all tablets other than Apple there.
America, boycott Apple if you have a brain (or even if only half). This is what this country fought against, and all you Apple fans, get your frickin heads out!!
Apple is going for technological dictatorship at the hands of an egotistical, psychotic, megalomaniac who is pulling no stops at dirty patent tricks across the globe.
As if the global economy wasn't bad enough, Jobs has to get his grubby little fingers into the pot in a grab to try to take over and crush the entire tech industry and progress across the globe.
F Apple. F Jobs.
I will NEVER EVER buy an Apple product, as it goes against everything this country stands for. I could give a rat's patootie if it is an American company... That just makes it worse!
Well said. I too support your ideas.
majorpay said:
I will NEVER EVER buy an Apple product, as it goes against everything this country stands for. I could give a rat's patootie if it is an American company... That just makes it worse!
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I agree with everything you're saying except for one thing...it's exactly what this country now stands for.
But I have never bought an Apple product and I never will.
It seems like every day, A new Apple story pops up with Apple attempting to shut down world-wide industries.
I am wondering when the PC will come under fire? If the legal system throughout the world and this nation is this broken, will they find a way to ban PC selection throughout the world? Their server products have been a flop since their inception, will they go after Dell next?
Maybe I better patent this idea before Apple gets it's hands on it:
A box, with a power button on it, that has microprocessors on the inside in some sort of a configuration that allows computations to be performed, and from applied pressure from a body appendage to said button can cause power to be applied to the box resulting in a display (with potential words or graphical images on it) to activate as a result of the box interaction.
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Quick, someone draw a box with a circle on the center, and lets get this submitted to the patent office! Picture plus vague description = PROFIT!
Apple isn't doing anything differently from any other company in the world. They all guard their interests as best they can. The thing with Apple is, what they do is highly publicized. But they are far from being the number one litigator. And the attention they get is because they are an American technology company that is doing business better than the Asian businesses. That alone earns Apple a lot of hate. I will say this, though, the Asian businesses are masters at creating hate.
MartyLK said:
Apple isn't doing anything differently from any other company in the world. They all guard their interests as best they can. The thing with Apple is, what they do is highly publicized. But they are far from being the number one litigator. And the attention they get is because they are an American technology company that is doing business better than the Asian businesses. That alone earns Apple a lot of hate. I will say this, though, the Asian businesses are masters at creating hate.
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There's no interest here, and the reason it is highly publicized is because Apple was successful in the first stage of getting every tablet removed from every country in the EU by producing a picture of an Etch-A-Sketch without knobs, and they are ACTUALLY WINNING!!
Companies protect I.P.. Apple is out to play the system for global domination using the dirtiest of patent tricks I have ever seen (aside from dirty IP companies that have been patenting everything under the sun for the past decade, but unlike Apple, they normally get shut down eventually). The worst part about this is that Jobs has made no bones about the fact that he has no intentions of licensing out his patents. His intentions are CLEARLY to eliminate the global market.
There's a big difference between protecting one's company intellectual property, and just being downright OBVIOUS about invalid and anti-competitive patents.
MartyLK said:
Apple isn't doing anything differently from any other company in the world.
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Baseless claim and completely untrue.
too right!
I completely agree and am boycotting apple products and no longer using iTunes.
Join this Facebook group if you agree it needs as many members as it can get!
http://www.facebook.com/pages/Boycott-Apple/350260026008?sk=info
If they are the stupidest company in the world, then why are they number 1 in the public stock market? Why are they still getting so many sales? Why are they beating every other device out there? They know how to design and make a fast and reliable product. No other company can do what Apple can. Just because Apple is better, doesn't mean you have to hate on them.
I guess we will have to import the Tabs from Holland. I guess Amsterdam will now have one more attraction going hand in hand with smoking pot ))). Can you believe this? People will be actually "illegally" smuggling GALAXY TABS to the rest of European Union .. Fu..k APPLE
savage24x said:
Just because Apple is better, doesn't mean you have to hate on them.
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Apple should take your advice.
Ill reword it slightly and direct it at Apple:
"Just because other products are threatening you in the market and you can't compete doesn't mean you should sue"
savage24x said:
If they are the stupidest company in the world, then why are they number 1 in the public stock market? Why are they still getting so many sales? Why are they beating every other device out there? They know how to design and make a fast and reliable product. No other company can do what Apple can. Just because Apple is better, doesn't mean you have to hate on them.
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Apple isn't better. People are stupid. Stupid people think that if you pay more for the same thing it makes you cool. Stupid people want to be cool, probably in hopes that other stupid people won't think they are stupid.
Apple makes nice stuff. They do. But they charge 2x too much, at least for their computers. They parlay this into a "designer" brand (Like Calvin Klein or Hilfiger etc.) and then EVERYONE "has" to have their stuff. Doesnt matter if it costs more or less or whatever. Sheeple. Listen to the bleat!
savage24x said:
If they are the stupidest company in the world, then why are they number 1 in the public stock market? Why are they still getting so many sales? Why are they beating every other device out there? They know how to design and make a fast and reliable product. No other company can do what Apple can. Just because Apple is better, doesn't mean you have to hate on them.
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Exactly.
But you have to understand that the production of "hate" for a successful business is the Asian companies way of competing. Instead of litigating, which they have no excuse to do because they infringe the products of non-national companies, they resort to inflammatory tactics. It takes a lot longer and is very unreliable, though.
MartyLK said:
Exactly.
But you have to understand that the production of "hate" for a successful business is the Asian companies way of competing. Instead of litigating, which they have no excuse to do because they infringe the products of non-national companies, they resort to inflammatory tactics. It takes a lot longer and is very unreliable, though.
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You are completely bonkers, aren't ya, guy?
majorpay said:
You are completely bonkers, aren't ya, guy?
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No, I think that gives him too much credit.
Wtf at that patent
Sent from my HTC Vision using Tapatalk
mattykinsx said:
No, I think that gives him too much credit.
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He had a thread last night that virtually equated Google to the Jesus of technology. I can't find it now.
...Weird how this was moved. I know it's not relating to "phones," but XDA has discussions on tablets as well as phones, right?
dknox1 said:
I completely agree and am boycotting apple products and no longer using iTunes.
Join this Facebook group if you agree it needs as many members as it can get!
http://www.facebook.com/pages/Boycott-Apple/350260026008?sk=info
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liked
/10chars
United vs the fruit
As a Mod:
Normally all fruit company threads end badly, hope this one can be the exception, let´s try to keep on topic (even if off topic).
As a regular member:
I believe in fare competition but what is doing that fruit is not fare, it deserves all my hate
orb3000 said:
As a Mod:
Normally all fruit company threads end badly, hope this one can be the exception, let´s try to keep on topic (even if off topic).
As a regular member:
I believe in fare competition but what is doing that fruit is not fare, it deserves all my hate
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They do seem to ignite an almost religious debate; however, Apple is deserving of a strong message.
I had once contemplated purchasing an iPad. I contemplate no longer...

HTC Phones Banned in the USA?

As if HTC doesn't have enough to deal with concerning Carrier IQ and the boot unlocker, now a pending court ruling in favor of Apple could stop importation of HTC phones into the U.S. Basically, Apple's complaint is that the Android operating system "borrows" from Apple patents.
http://news.cnet.com/8301-1035_3-57...nned-from-the-u.s.-faq/?tag=mncol;mlt_related
The article doesn't address the possibility of HTC developing its own operating system (long rumored and mentioned in this forum in the past day or so), but the proposal makes sense (no pun intended) in light of the possible legal ruling.
Htc has been around longer than apple in the phone business and holds plenty patents that apple can't touch. Apple still has Carrier IQ installed on some of their devices even though they claim they are not using their services. Android is open source and does not infringe on apples OS. Let them cry all they want, they couldn't even touch Samsung.
Sent from my HTC PH39100 using xda premium
Ok it is a simple fact that Apple is Very Very sue happy right now (Started when Jobs was Diagnosed with Pancreatic Cancer as far as I have noticed). I mean hell they just got done trying to bury Samsung because "Apple sues Samsung again for copying the iPhone's design, this time in South Korea" etc. Apple came out with a statement after Loosing saying well Samsung could go around our patents by just making their phones look different and making them have a more cluttered UI. The general idea here is that rather than dealing with the changing markets Apple wants to have the market cornered and have No competition so they can charge an insane amount of money for their devices, at least that is how it looks to me with all their stupid lawsuits they have going on right now. Next they will start suing TV Companies and Cable Box Manufacturers because the Cable Boxes look too much like the Apple TV boxes. I mean really Apple needs to come to grips and just Deal with it.

Apples new tactic in patent wars

mobile.theverge.com/2012/2/18/2808281/apple-investigate-Motorola-eu-frand-abuse
Apple yet again have asked the eu to start another antitrust investigation into another android rival. This time its against Motorola.
Is this apples new tactic...when you sue and lose, get the eu to do your dirty work for you?
Seems apple have really sunk to a new low.
Dave
Sent from my LG P920 using Tapatalk
It's complete bulls*** because android is taking over almost 80% of the market for mobile phone sales by the end of this year. They're trying to do anything to slow down the process but they can't stop android no matter what they do. They go after the dumb corporations who don't have that many android builds, I don't see anyone going after Samsung until just recently over the Nexus... It's so ridiculous because Apple is losing money over these sales.. then more money over court? The only reason why Apple, IMO, is doing the suing is because they want to say "Hey you do know Apple still exists right?"
Apple OS is lightyears from Android in my opinion in the simple fact that the community creates builds and anyone with almost no knowledge can learn and become a developer... Whereas Apple also expects $100 for an app? Just... give up.. jeez. I hate Apple. They only corner the App marketplace sales.
Unfortunately, when you have as much money as Apple, it begins to be cheaper to fight rivals in the courts rather than in the marketplace.
money.cnn.com/2012/01/24/technology/apple_earnings/index.htm
It makes manufacturers nervous that their phone will be blocked from sale, customers nervous that they wont' be able to get support, and which veers them to other offerings (like an iphone coincidentally). Apple will need to feel public backlash and a big drop in sales before they will stop using this tactic.
It also doesn't help that someone keeps issuing apple these ridiculous patents.

"Samsung Galaxy S5 Comes Early, And With A Hint Of Desperation"

I found this to be a very interesting read so I thought I'd share it.
http://www.forbes.com/sites/haydnsh...5-comes-early-and-with-a-hint-of-desperation/
Samsung has announced a preview of the Galaxy S5 on February 24th at Mobile World Congress in Barcelona. Sort of. Invites have gone out to the press for what Samsung is describing as Unpacked, Episode 1 with a large 5 emblazoned on the invite (twice). All a big tease. Might it backfire?
The announcement has been picked up around the world. A Galaxy launch is a big event. But there is a hint that this time round Samsung is desperate to get a new device out there and to use the attendant publicity to drive sales in a very tight market. Samsung needs this more than we do.
In the middle of last year, not long after the S4 launch I suggested Samsung had peaked in smartphones. The evidence since then has been pretty compelling. Samsung’s sales seem to have stalled more dramatically than Apple’s.
In June 2013 Samsung gave guidance on record profits. By Q4 Bloomberg reported the first drop in profits in 9 quarters.
Samsung Electronics Co. (005930) posted its first profit decline in nine quarters as new Apple Inc. (AAPL) iPhones won over high-end handset buyers and models from cheaper Chinese producers lured budget customers.
It’s clear that the Samsung pricing cascade is running out of steam. You have to go back some years, to the general consumer electronics industry and in particular TVs to see this cascade at work. Remember it?
Launch at a high price/high margin to soak the early adopters, discount to acquire market share; and when that stops working, launch a new generation product. Soon after the S4 was available the price differential in different parts of the world exceeded $300 as they played this cascade out in different markets.
Now Samsung needs sales, not least to support its vast manufacturing capacity. According to Daewo Securities, “Samsung shipped 13 million units of its S4 in the fourth quarter, down from 17 million in the previous three months.” That’s a reduction of 4 million units in the buying season.
Because of its pricing model, Samsung is also in danger of ceding high margin sales to Apple more generally.
There will be novelty in the S5 to try to win margins back, however. Leaks in January suggest Samsung will sport a new UI in the S5, possible powered by Google NOW. The two companies have been working more closely lately and more product integration would be no surprise. Samsung has also been working hard on its branding, despite being caught out manipulating social media reviews of competitors. I covered some of that brand investment here on Forbes.
Yet it is in software and services integration that Samsung still lags. Software has been named a new national priority for Korea, a move reported by The New Yorker, recently. In the software and services arena, in promoting service revenue in place of hardware margins, Samsung is a decade behind Apple. The strain of being hardware first is beginning to tell.
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Samsung's suffering the same thing Apple is - Western smartphone markets are approaching saturation which is causing a drop in margins as manufacturers turn to emerging markets where selling price and margin are lower. In quarterly revenue, market share, and margin growth Samsung still outperformed all other Android device manufacturers based on last quarter's earnings. Their revenue was actually up but their earning's were depressed because of lower margins in mobile devices. LG (who gets over half their mobile revenue from dumb phones) and the other Chinese (physically based and selling market) manufacturers showed YOY gains but everyone else is dying including Sony, HTC, and Motorola.
So if articles like you quoted predicting Samsung's death and desperation are true I hope you like Apple and iOS. Because if changing market conditions are going to kill Samsung then they'll be the last to go behind every other brand discussed on XDA.
BarryH_GEG said:
Samsung's suffering the same thing Apple is - Western smartphone markets are approaching saturation which is causing a drop in margins as manufacturers turn to emerging markets where selling price and margin are lower. In quarterly revenue, market share, and margin growth Samsung still outperformed all other Android device manufacturers based on last quarter's earnings. Their revenue was actually up but their earning's were depressed because of lower margins in mobile devices. LG (who gets over half their mobile revenue from dumb phones) and the other Chinese (physically based and selling market) manufacturers showed YOY gains but everyone else is dying including Sony, HTC, and Motorola.
So if articles like you quoted predicting Samsung's death and desperation are true I hope you like Apple and iOS. Because if changing market conditions are going to kill Samsung then they'll be the last to go behind every other brand discussed on XDA.
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Quite an intelligent response. I didn't perceive the article as pointing towards the death of Samsung. Samsung obviously isn't going anywhere anytime soon. I'd rather be without a phone than having an Apple product.
Delakit said:
Quite an intelligent response. I didn't perceive the article as pointing towards the death of Samsung. Samsung obviously isn't going anywhere anytime soon. I'd rather be without a phone than having an Apple product.
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The is the problem you going to get In an ecosystem with so many competition. Every manufacturer costs raise to compete with each other and in the end becomes a zero sum game for them. Just like sony needing to exit their PC biz, some manufacturers who can't play well in smartphone world will need to exit too.
Only winner here is Google and in some way Apple owning their own ecosystems, Consumers definitely benefit the most with the amount of choices of phones out there to tinker with
Phones are overpriced anyway. I've never seen the actual costs but it's silly.
I think if anyone's in danger Apple are in trouble. They are still overpricing. I know quite a few who have jumped ship from Apple.
Sent from my HTC One using xda app-developers app
Samsung is being force to compete now, the likes of LG has making them a little bit more competitive, which is a good thing since before Samsung was the Android king and the King of smart phone besting out Apple and Window phones. Since the LG G2 was introduce, Samsung customer have been looking toward LG direction, I am one of them and I am glad I picked the G2 over the S4. Let the two giant battle it out, the winner will be the customer.

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