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

[dgstorm]

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,

In a statement, Samsung Electronics said it was disappointed with the ruling and would be seeking legal advice on its options.

"Samsung will continue its legal proceeding against Apple's claim in order to ensure our innovative products remain available to consumers," it said.

"This is a part of our ongoing legal proceeding against Apple's claim. Samsung is also confident it can prove Apple's violation of Samsung's wireless technology patents through a cross-claim filed on September 16, 2011 with the Federal Court of Australia, New South Wales.

"Our wireless standard patents are essential for mobile business. We will continue to legally assert our intellectual property rights against those who violate Samsung's patents and free ride on our technology."

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,

According to Reuters, a Dutch court has turned down Samsung's request for a ban on certain Apple products, and rejected claims that they infringe on Samsung's patents (it also rejected Apple's counterclaims in the case). The particular patents in question here are not related to software or the design of the devices, as in other cases, but rather their 3G capabilities, which Samsung had claimed Apple was infringing on with the various iterations of the iPhone and iPad.

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,

The preliminary hearing took an interesting turn, Reuters reports, when judge Koh held both tablets above her head and asked Samsung attorney Kathleen Sullivan if she was able to distinguish one from the other. “Not at this distance,” Sullivan replied, reinforcing Apple’s claim that Samsung’s tablet is a “copycat” device. Another Samsung attorney was able to distinguish Samsung’s tablet from the iPad.

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

 

[sloppy]

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.

 

[kodiak799]

"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!

 

[Beardface]

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.

 

[czerdrill]

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.

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

 

[djsiva]

Makes me want to buy a Samsung product even more.

 

[MadDroid]

Makes me want to buy a Samsung product even more.

Same here.

Sent from my ADR6300 using DroidForums

 

[wicked]

Didn't Apple try to go after Motorola for the Xoom aswell?

 

[sloppy]

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.

 

[WildcatRudy]

Samsung brought this upon themselves for practically copying the look of the Apple devices.

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.

 

[garrett]

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

 

[OneTenderRebel]

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.

 

[czerdrill]

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" :icon_eek:....really?

 

[kodiak799]

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

 

[Oowoon]

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.

Sent from my DROID2 using DroidForums