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Thread: Samsung Dealt 3 Blows in Apple Case: Banned in Australia, Looks Bad in U.S. & More

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    #11
    Samsung is definatly trying to copy apple in more ways then one in a failed attempt to get a piece of apple's pie.

    the microphone image is kind of pushing it because that's pretty standard but the rest is a definite copy.


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    Samsung Dealt 3 Blows in Apple Case: Banned in Australia, Looks Bad in U.S. & More-tmuj2.jpg
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    #12
    Patents are different for every product so all the TV and car analogies hold absolutely no weight in this case. The fact that literally every court is ruling against Samsung says a lot, and don't give me any Apple bought the courts out garbage.

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    #13
    Quote Originally Posted by OneTenderRebel View Post
    Patents are different for every product so all the TV and car analogies hold absolutely no weight in this case. The fact that literally every court is ruling against Samsung says a lot, and don't give me any Apple bought the courts out garbage.

    To be or not to be........................wait what was the question? This signature has been Tapatalk approved.
    haha you would think something like that would never be suggested, but I actually did see a comment on an article that said "all these judges are apple fanboys" ....really?
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    #14
    Quote Originally Posted by WildcatRudy View Post
    Do any tablet makers have a choice though? How many ways can you package a flat-screen television and make it look unique? They all look the same to me. Or toilet paper, for that matter? If it were a flat-out clone, yeah, I'd be a bit upset also. But it's what happens on and behind the screen that counts. I'd rather see both companies innovate than litigate, personally. Samsung certainly has room for improvement to step out ahead of the competition. That R&D money is going to the attorneys.
    That's my issue. I can't really tell tablets apart, or most phones for that matter LOL
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    #15
    Quote Originally Posted by kodiak799 View Post
    That's my issue. I can't really tell tablets apart, or most phones for that matter LOL
    Most people can't. Unless people have a good eye for technology.

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    #16
    Considering all this litigation seems to simply be related to Samsung's customization of Android's appearance, why not just switch to stock Honeycomb? I realize they perceive some value-add in their TouchWiz interface, but it's getting them in a lot more trouble, costing them a lot more legal fees, hindering sales and tarnishing their reputation a lot more than it's worth.

    Push Honeycomb out to all currently-unsold tablets as a mandatory update upon activation. Offer it as an option to current customers, so you don't get them all riled-up. Then let's get on with our lives.

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    #17
    Quote Originally Posted by Oowoon View Post
    Most people can't. Unless people have a good eye for technology.

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    Which is why this is all so silly to most people.

    I'm not sure what patent law is around the world, but in the US it's supposed to be "non-obvious". I simply don't get what is so "non-obvous" about a rectangular screen with a black border. My laptop screen has a black border. My plasma tv has a silverish/black border.
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    #18
    Quote Originally Posted by kodiak799 View Post
    Which is why this is all so silly to most people.

    I'm not sure what patent law is around the world, but in the US it's supposed to be "non-obvious". I simply don't get what is so "non-obvous" about a rectangular screen with a black border. My laptop screen has a black border. My plasma tv has a silverish/black border.
    Maybe giving it a red border will make Apple be quiet.

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    #19
    Quote Originally Posted by kodiak799 View Post
    Which is why this is all so silly to most people.

    I'm not sure what patent law is around the world, but in the US it's supposed to be "non-obvious". I simply don't get what is so "non-obvous" about a rectangular screen with a black border. My laptop screen has a black border. My plasma tv has a silverish/black border.
    I think the problem is most people, including myself, have no idea what apple is actually arguing. It sounds great to say "haha apple is patenting rectangles" and "maybe oems should make triangle tablets so apple won't sue them" but I think its obvious its a little deeper then that.

    As mentioned, the fact that samsung is repeatedly being ruled against in several countries says something. There's only two possible reasons: samsung is in fact infringing, or the judges are apple fanboys haha. I think logic dictates that its the former....
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    #20
    Quote Originally Posted by czerdrill View Post
    I think the problem is most people, including myself, have no idea what apple is actually arguing. It sounds great to say "haha apple is patenting rectangles" and "maybe oems should make triangle tablets so apple won't sue them" but I think its obvious its a little deeper then that.

    As mentioned, the fact that samsung is repeatedly being ruled against in several countries says something. There's only two possible reasons: samsung is in fact infringing, or the judges are apple fanboys haha. I think logic dictates that its the former....
    Maybe, but an preliminary injunction is not a ruling of fact. There seems to be some disagreement on the Supreme Court over whether an substantial issue of invalidity is still grounds for denying a preliminary injunction, because even a substantial challenge does not mean the plaintiff won't win. These judges are not ruling on the validity of the patent, but merely whether undue harm results lacking clear evidence of invalidity.

    I always assumed there was more to it than Apple patenting a rectangle, but a judge holding them up side-by-side for comparison would appear to indicate otherwise.

    Also don't read too much into the lack of challenge of other manufacturers. Samsung is rapidly gaining on Apple's smartphone share, and you don't sue all potential infringers at once. You try to get a favorable judgement and use to leverage license agreements with other potential infringers. I think Apple targeted Samsung because of additional claims with the icons and UI - i.e. the most likely target to get a favorable judgement on.

    Looks like the ruling in Australia has to do with "touchscreen technology and other features". Samsung could very well be infringing on the architecture Apple patented (but otherwise I doubt touchscreen interface is patentable, Apple wasn't even the first). As a key supplier, Samsung could very well have stolen or piggy-backed some underlying Apple engineering or software to power various functionality.

    In the Netherlands, they've apparently modified banned phones and are set to release them. According to Reuters, the patent at issue was a method of scrolling through photos!

    http://paidcontent.org/article/419-a...-on-u.s.-soil/
    "
    Patent blogger Florian Mueller points out that the patent in question that was exercised in the case is one registered to the late Steve Jobs (among others) and concerns “heuristic touchscreen” technology.
    The generality of the patent, he speculates, could be applied to a number of other tablets, not just Samsung’s, and the fact that the Australian court has chosen to support it means that Apple may now have the legal ammunition to go after other competitors looking to launch products in Australia."


    Anyway, it seems like all the hub-bug over Samsung getting taken to the woodshed for "copying the look" has been a little off-target.
    Last edited by kodiak799; 10-14-2011 at 04:06 PM.
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