1. You want that $100.00 in your pocket or an Amazon Fire TV don't you? Well here's the deal. With our new updated look we are in desperate need of an updated logo. The 'old' one has certainly served us well, but it's time. Find all the details here: bit.ly/1q0k6Wa
  2. DroidForums.net is currently undergoing a major software upgrade. If you are experiencing any problems logging in please: Contact Us

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

Discussion in 'Android News' started by dgstorm, Oct 14, 2011.

  1. dgstorm
    Offline

    dgstorm Editor in Chief Staff Member Premium Member

    Joined:
    Dec 30, 2010
    Messages:
    6,823
    Likes Received:
    1,164
    Trophy Points:
    113
    Location:
    Austin, TX
    [​IMG]

    Things are looking pretty grim for Samsung in their ongoing legal trouble with Apple. They were recently dealt three serious legal blows in cases around the world.

    First, the Judge in the Australia case ruled that Samsung's Galaxy Tab 10.1 was infringing on Apple patents and banned all sales of the device in Australia. Here's a quote from the Sydney Morning Herald with Samsung's response to the defeat,
    Second, the last part of Samsung's statement segues into their next defeat. A dutch court just turned down Samsung's counter-suit to ban sales of certain Apple products (although it did reject Apple's counter-counter-claims). Here's a quote from the Engadget article,
    Third, it looks like things are actually starting to turn bad for Samsung here in the United States too. United States District Judge Judy Koh, ruled just yesterday that the Galaxy Tab 10.1 does infringe upon some of Apple's patents. Furthermore, she took it a step further with a demonstration of the similarity of the devices. Here's a quote from the BGR article describing the demonstration,
    Interestingly, the only bright spot was that Judge Koh chose not to order an injunction blocking sales of the tablet in the States. She indicated that Apple must first establish the validity of the patents in question.

    What do you guys think of these reports? It seems like dire news indeed for Samsung. It appears that Apple's attempt to hinder sales of the Samsung device this holiday season could prove successful, and that may have been their primary intent all along.

    Source: GalaxyForums.net and Android.net via Sydney Morning Herald and Engadget and BGR and Reuters
    Last edited: Oct 14, 2011
  2. sloppy
    Offline

    sloppy New Member

    Joined:
    Nov 19, 2009
    Messages:
    30
    Likes Received:
    0
    Trophy Points:
    0
    Personally I am tired of hearing all of the crying. Its competition, get over it. I'm sorry but anyone that can't tell the difference between the two has some issues. Apple has a button on the front, Samsung doesn't, Apple has a smaller screen, different camera placement. Personally Apple is scared to death, Which they should be. They have been riding the same technology for years now. While I respect there innovation there latest products have to me always been nothing more than app launchers where android came in and made an experience. I'm not trying to be a fan boy but the more Apple cries foul, The less use I see for there app launchers in my home. If they put an android OS on an ipad 2 I might buy one of those, until then I'll stick with my 10.1. To clarify I have an OG ipad that my 6 year old now uses and there was an iphone in my household but the user has recently seen the light and it is now gone. I'm thankful that apple got all this started but they have certainly fallen behind.
  3. kodiak799
    Online

    kodiak799 Well-Known Member

    Joined:
    Feb 20, 2010
    Messages:
    4,752
    Likes Received:
    204
    Trophy Points:
    63
    "Apps launchers" vs. an experience. Really a very succinct, and accurate, assessment.

    I don't really care about the tablets. Just so long as we get our Nexus!
  4. Beardface
    Offline

    Beardface New Member

    Joined:
    Apr 2, 2010
    Messages:
    600
    Likes Received:
    4
    Trophy Points:
    0
    Location:
    Raleigh, NC
    Samsung brought this upon themselves for practically copying the look of the Apple devices.

    Its very telling that Apple is only singling them out, and hasn't gone after HTC and Moto in this regard, because their devices are far different from the Apple ones. Sure, there might be small infringements here and there, but nothing as egregious as Samsung.
  5. czerdrill
    Offline

    czerdrill New Member

    Joined:
    Jan 2, 2010
    Messages:
    4,828
    Likes Received:
    12
    Trophy Points:
    0
    Agree. While there might not be a million and one ways to make a tablet, samsungs offerings look like direct ripoffs both in presentation and advertising. Its not really a question of whether or not ppl buy ipads and then get home and realize they actually bought a galaxy tab. Our resident armchair patent lawyers don't seem to get that...but glad the courts see past the "is it fair" crap and go with what's right.

    But yeah as long as I get my nexus I'm happy haha
  6. djsiva
    Offline

    djsiva New Member

    Joined:
    Aug 21, 2010
    Messages:
    344
    Likes Received:
    26
    Trophy Points:
    0
    Location:
    Jacksonville, FL
    Makes me want to buy a Samsung product even more.
  7. MadDroid
    Offline

    MadDroid New Member

    Joined:
    Apr 6, 2011
    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    Same here.

    Sent from my ADR6300 using DroidForums
  8. wicked
    Online

    wicked Administrator Staff Member Premium Member

    Joined:
    Oct 11, 2010
    Messages:
    3,987
    Likes Received:
    315
    Trophy Points:
    83
    Location:
    San Jose, CA
    Didn't Apple try to go after Motorola for the Xoom aswell?
  9. sloppy
    Offline

    sloppy New Member

    Joined:
    Nov 19, 2009
    Messages:
    30
    Likes Received:
    0
    Trophy Points:
    0
    I see the likeness and the point but for Apple to throw the tantrum to the point they have is ridiculous. If you go to the back wall of any Best Buy there lyes the example of my case. Take a look at all those televisions and tell me how many of them you have to look at the tag to find out what name brand it is. We are surrounded by likeness' every where we turn. These two particular items set down side by side, the difference all though similar are night and day. Apple is out of ideas and is obviously going to do all they can to salvage the ride a little longer, I don't blame them but am disappointed in them, their latest release speaks for the company as a whole.. I think this entire thing has deeper issues internally between the two vs what the public is actually seeing.
  10. WildcatRudy
    Offline

    WildcatRudy New Member

    Joined:
    Aug 15, 2010
    Messages:
    105
    Likes Received:
    3
    Trophy Points:
    0
    Location:
    Near the lake in SCS, MI
    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.
  11. garrett
    Offline

    garrett New Member Theme Developer Developer

    Joined:
    Oct 31, 2009
    Messages:
    2,017
    Likes Received:
    4
    Trophy Points:
    0
    Location:
    In a van by the River......
    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.


    Click on this image for a larger version.
    View attachment 41342
  12. OneTenderRebel
    Offline

    OneTenderRebel New Member

    Joined:
    Mar 31, 2010
    Messages:
    3,326
    Likes Received:
    63
    Trophy Points:
    0
    Location:
    Hampton Falls, NH
    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.
  13. czerdrill
    Offline

    czerdrill New Member

    Joined:
    Jan 2, 2010
    Messages:
    4,828
    Likes Received:
    12
    Trophy Points:
    0
    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" :icon_eek:....really?
  14. kodiak799
    Online

    kodiak799 Well-Known Member

    Joined:
    Feb 20, 2010
    Messages:
    4,752
    Likes Received:
    204
    Trophy Points:
    63
    That's my issue. I can't really tell tablets apart, or most phones for that matter LOL
  15. Oowoon
    Offline

    Oowoon New Member

    Joined:
    Mar 23, 2011
    Messages:
    54
    Likes Received:
    0
    Trophy Points:
    0
    Most people can't. Unless people have a good eye for technology.

    Sent from my DROID2 using DroidForums
  16. medicdave
    Offline

    medicdave New Member

    Joined:
    Dec 16, 2009
    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    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.

    [medic]Dave
  17. kodiak799
    Online

    kodiak799 Well-Known Member

    Joined:
    Feb 20, 2010
    Messages:
    4,752
    Likes Received:
    204
    Trophy Points:
    63
    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.
  18. Oowoon
    Offline

    Oowoon New Member

    Joined:
    Mar 23, 2011
    Messages:
    54
    Likes Received:
    0
    Trophy Points:
    0
    Maybe giving it a red border will make Apple be quiet.

    Sent from my DROID2 using DroidForums
  19. czerdrill
    Offline

    czerdrill New Member

    Joined:
    Jan 2, 2010
    Messages:
    4,828
    Likes Received:
    12
    Trophy Points:
    0
    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....
  20. kodiak799
    Online

    kodiak799 Well-Known Member

    Joined:
    Feb 20, 2010
    Messages:
    4,752
    Likes Received:
    204
    Trophy Points:
    63
    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-...d-on-samsung-as-sides-square-up-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: Oct 14, 2011
Search tags for this page

applecases+for sch-i500