Slashdot Mirror
Apple Can't Block US Sales of Samsung Devices
An anonymous reader snips this good news (for Samsung fans) from Edible Apple "In April of 2011, Apple kicked off what would soon become a global and complex series of litigation disputes when it sued Samsung in the U.S. claiming that its line of Galaxy smartphones and tablets infringed upon Apple's intellectual property and were nothing more than 'slavish' copies. As part of its suit, Apple requested a preliminary injunction that would bar Samsung from selling said products in the U.S. This past Friday, Judge Lucy Koh denied Apple's motion for a preliminary injunction."
do they make ceiling fans or something?
Finally some judges are realizing they are being used for judgements to enforce business ^H^H^H^H^H...monopoly by via litigation.
Beware of those who profit off the docile and persecute the unbelievers.
This is similar to the recent reversal of the Apple-Samsung injunction in Australia - there, the court said that an injunction was unwarranted, but that Samsung would have to keep detailed records of every penny earned on the products, because they could be on the hook for all of them. Same thing here - if the patents are found valid and Samsung is found to have infringed, they'll owe damages to Apple... but there's no reason to preemptively make those damages $0 by stopping the sale of the product.
Plain and simple.
"Oh my god, their tablet is like ours! Ban it!"
Phone Arena:
Apple gives Samsung advice on non-patent infringing designs
In order to disprove Samsung’s claim, Apple needed to provide alternate design options to prove that Samsung did, in fact, blatantly copy Apple’s design. Some samples from these suggestions include:
Smartphones:
* Front surface that isn't black.
* Overall shape that isn't rectangular, or doesn't have rounded corners.
* Display screens that aren't centered on the front face and have substantial lateral borders.
* Non-horizontal speaker slots.
* Front surfaces with substantial adornment.
* No front bezel at all.
Tablets:
* Overall shape that isn't rectangular, or doesn't have rounded corners.
* Thick frames rather than a thin rim around the front surface.
* Front surface that isn't entirely flat.
* Profiles that aren't thin.
* Cluttered appearance.
They also have a great depiction of what such a tablet may look like
Fuck apple. Fuck steve nuclear jobs. Fuck apple lawyers. Fuck apple apologists. Fuck apple squares and rounds patents.
I don't want some muslims ripping off American technology and implementing a Muslim Caliphate. Did you know that in the Muslim World, women are raped if they drive a car? That young girls cannot go to school or their heads are cut off and fed to dogs?
This is what is at stake, when terrorist groups like Samsung attack our American values. We have to defend America first, and to hell with everyone else.
The worst part of these preliminary injunctions is they kill the biggest sales time - pre-Christmas.
While there may be merit on both sides, aborting the product in it's first large sales growth period is a sure-fire way of killing off a competitor.
What Apple has done, is polarise a significant portion of people against them. It's almost as if they modelled themselves on Microsoft...
"We know what happens to people who stay in the middle of the road. They get run over." - Aneurin Bevan
Well, this explains the delay in the Galaxy Nexus from Verizon.
Damn you Apple! Now I can assure you I'll never buy one of your damn devices ever.
Apple is scared to death, because they know Samsung is making a better product.
Apple can control its sheeple users, but they have no right to control other companies or the right to block buyers from the competition.
When will Apple be called out for doing all the horrible shit people think Microsoft does?
What a bunch of horseshit. It would be come immediately clear how stupid those guidelines were if Apple ang Samsung were both car designers squabbling over a car model. I mean, you don't see Bentley suing Chrysler.
When you're pimping a Chrysler, people know it's a Chrysler. Despite the similarities, there's no way in hell anybody with half a brain would confuse a Chrysler with a Bentley. And Bentley, being classy, is aware of that and that suing Chrysler would be a very tacky and un-classy move.
Apple could learn a few things from that little case study, but they want to be tacky and don't have enough faith in consumers to be able to distinguish the two.
Oh, I just clicked preview and saw that you're now at +5 funny and I've been trolled. I may be too dumb to get sarcasm, but I'm still not dumb enough to confuse a Galaxy with an iPad.
Basically the claim is that all phones and tablets after the iPhone and ipad must look nothing like the phones and tablets that existed prior to the iPhone and iPad. Apple has retroactive inventors rights.
Pity really, I like Apple products (other then iOS which is too restrictive for me) but they seem to have some crazy people working there these days.
"Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
Shape that isn't rectangular and cluttered appearance :-D Brillant!!!!
The people at Apple aren't the crazy ones. No, the crazy people are a) the legistlators who made the laws that Samsung is (supposedly) infringing on, and b) the judges who allow the laws to stand. In the US, at least, judges can invalidate laws if they find them bad enough (not sure how bad they have to be) and I imagine they can in other countries was well.
Apple is just using the system to get an advantage. Unfair, of course, but they don't care.
"None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
this is how Hitler was allowed to invade the Sudetenland, annex Austria, and crash those planes into the Trade Towers.
I'm waiting for Apple to produce its 'bigger' iPhone and then for all the other manufacturers to use litigation to argue that Apple has copied them. They won't happen of course but the idea is no less absurd than the current wave of Apple litigation which is an attempt at restricting trade.
I will be filing patents tomorrow for:
1) An electronic device who's case is made from black plastic.
2) An electronic device who's case is made from aluminum.
2) An electronic device in a rectangular case, with rounded corners.
3) An electronic device with an entirely flat screen.
Using these I will be able to sue every manufacturer of every laptop, tablet, smart phone, LCD display, and probably far more, and $$$PROFIT!!!
Shape that isn't rectangular and cluttered appearance :-D Brillant!!!!
Stupid you. Google for "sony tablet" or for "toshiba tablet" and you will find two nice tablet designs that are rectangular and look nothing like an iPad. If Sony and Toshiba can do it, then surely Samsung can do it.
As a fellow Korean American, I'm wondering what kind of position she would've been under; with her husband (assuming he's also of Korean extraction), her relatives, classmates (if she was educated in Korea), and perhaps church (if she had been going to, as is often the case, a Korean church); if she had blocked Samsung.
Samsung is widely regarded (whether deserved or not) as a national treasure in Korea with a HUGE percentage of the ENTIRE ECONOMY (I think it's something crazy like 25%!). So I can guarantee that a decision against them would not be looked upon kindly by the average Korean.
Shape that isn't rectangular and cluttered appearance :-D Brillant!!!!
Stupid you. Google for "sony tablet" or for "toshiba tablet" and you will find two nice tablet designs that are rectangular and look nothing like an iPad. If Sony and Toshiba can do it, then surely Samsung can do it.
Actually, the iPad also doesn't look all that much like whatApple filed in its design patent paperwork either.
But, anyway, many of the Toshiba tablets look similar to the iPad (because they iPad has a very generic design)
http://www.reviewphones.net/wp-content/uploads/2011/07/toshiba-thrive-tablet-vs-ipad-21.jpg
And here is one from Sony:
http://www.gayakuman.com/uploads/2010/02/sony-tablet.jpg
Should investigate Apple for monopolistic practices, then they should split the company into multiple smaller ones like they wanted to do to MS.
Apple's OS business should be separated from its Hardware business. They should be forced to sell OSX and iOS to clone builders.
Maybe it's just me, but those two vehicles don't look similar. From a broad point of view, they might both be trying to convey the same ideas through their design, but they're different in so many individual aspects that I think it's a poor comparison for the point you're trying to make. Then again car analogies on Slashdot have never been good, so perhaps I'm judging too harshly.
I normally would assume you are kidding, but in this case I'm not sure. This is the perfect material for a satire, and there are certain authors (for some reason Phillip Roth comes to mind) who have made careers developing exactly this kind of humor. But I think you are serious -- but I'm just not sure. What a surreal world we live in!
What if Henry Ford had complained that other cars had four wheels, claiming that they had infringed on his patent, even though everyone knew that he didn't invent the idea of cars that have four wheels and it was all but impossible to imagine a car that didn't run on four wheels?
Square, black surfaces! I haven't a clue as to whether you are kidding or not, but I suppose that is the your point. At least I hope it is.
- Charlie
im glad it half-way entertained one person
although it was over the top and completely irresponsible
I'll give you the SONY Tablet S - that's definitely quite different. At least, from the side. From the front it's just like most other tablets.
Which brings me to the "Toshiba Tablet". You're saying it looks "nothing like an iPad".
http://cdn.cbsi.com.au/story_media/339308309/toshiba-tablet-10-inch_12.jpg
Looks pretty similar to me. Yes, it's a different aspect ratio - but Apple has already demonstrated in court that aspect ratio alone is not enough of a differentiation.
You could say it's the sensors in the top right, or the buttons in the bottom... but the Galaxy S has much the same;
http://www.2-soft.com/wp-content/uploads/2010/09/iPad-vs-Galaxy-tab.jpg
And both also have that 'silver outline' along the edge of the case that Apple has also argued to be too similar to their designs.
If the Toshiba Honeycomb tablet is nothing like an iPad, then, imho, the Galaxy Tab is nothing like an iPad. Conversely, if the Galaxy Tab looks too much like an iPad, then so does the Toshiba Honeycomb.
That said, that's only regarding the visual look of the device, front-facing - while Apple's cases involve far more than just the aforementioned and includes things like icons, etc.
( Though I find most of their arguments there weak as well, it does all stack up. )
Comment removed based on user account deletion
When I was in university, I had a CS assignment in an assembly language course. The prof. accused about 15 people in the class of plagiarism. I got 100% on the assignment, but wasn't one of the ones accused. The assignment was quite specific about expectations, and the code size was small (about 15 lines of code). The prof. openly accused one guy, and the guy asked: is there another way of writing this code and getting a correct result? The prof. stopped and thought for a minute, then said 'no', at which point he stopped. There are lots of ways of making a cell phone. Round corners isn't proprietary. Colorful icons aren't proprietary. Clicking once or twice isn't proprietary. Apple is hoping for a judicial monopoly, but developing a market doesn't mean you get an instant monopoly on that market.
These were actually some of the design options Apple said Samsung had to make their products more differentiated, and not infringe on their design products. While some of them are just crazy, others aren't too bad. Here's the original article: http://www.theverge.com/2011/12/2/2596527/apple-samsung-design-patent-iphone-ipad-work-around
...I'm still not dumb enough to confuse a Galaxy with an iPad.
Looks like you've got Samsung's lawyers beat, then: Even Samsung’s Lawyers Can’t Tell the Difference Between Its Tablet and an iPad
i thought, therefore i was...
DaimlerChrylser (Jeep) sued GM over the Hummer's 7-slot front grill design.
Do you even lift?
These aren't the 'roids you're looking for.
Maybe it's just me, but those two vehicles don't look similar.
Really? Not similiar? Hell, they're almost IDENTICAL! Both have windshields of clear glass trimmed with chrome.
Both have round steering wheels. Both have the driver's seat facing forward. They even both have four round wheels in diametrically opposite corners. I could go on and on...
That's because I was in a hurry and couldn't readily find a picture of an older, boxier Bentley. Here are the obvious similarities:
- The headlights are recessed from the Grille. Think of the center grille section as kind of a "nose" between the "eyes."
- The fender areas are tightly "wrapped" around the wheel wells and there is a small distance between the top of the wheel and the hood. Also note that both vehicles have big, spoked rims and small street-tires, all contributing to both models' "low-slung" appearance.
- On both vehicles, the angle of the front windshield is larger than the angle of the back windshield, and the roof itself is sloping downward toward the rear.
- Both vehicles are black with silver trim, and are generally intended to evoke a luxury appearance. Chrysler is obviously paying homage to Bentley.
- An obvious difference between the two pics I provided is that the Chrysler's grille extends to the bottom, and there are fog lights on its bumper. However, using this bentley pic as a reference, once again there is more similarity.
- While we're talking about the fronts, take into consideration the logos of the Bentley and the Chrysler here. Both logos are encapsulated in an oval, adorned with wings, and located on the top center of the grille.
I was saying earlier that Apple should appreciate that others are paying homage to them instead of trying to stop their shipments. It is apparent to anybody with half a brain which is which, especially when the GUIs are visible.
If Apple still wanted to stop Samsung, they could have at least compared the radius of the corners rather than just saying, "rounded corners," for example.
It's just you. The chrysler 300 is widely regarded to be a bentley lookalike. There are even logo conversion kits out there people put on ther 300s.
I am on the sidelines, therefore I have the luxury of conviction.
Uh what tablets and phones looked and behaved like an iPhone/iPad before the two devices came out?
Those are some great suggestions. Display screens that aren't centered. Cluttered appearance. Not so thin. If Apple actually suggested those changes in any official manner it is hard for me take anything else they say seriously.
the leapfrog design is infringing
it has rounded corners
Only someone who has never seen a Bentley could possibly confuse the two. Samsung's own lawyer couldn't tell the difference.
the compaq ipaq ( note the "i" in its name ) running opie linux
http://en.wikipedia.org/wiki/OPIE_user_interface
You know, one of the great things about the Internet (and the slashdot posting system) is the relative anonymity it provides.
I'm glad because it has limited my embarrassment for making such an ill-considered statement without doing the most cursory investigation. (If you Google "Lucy Koh", the very first listing is the Wikipedia entry with her bio.). At least I don't have to face up to my mistakes in my "real" public life.
However, the other nice thing about the anonymity the Internet provides is that it helps keep one's ego from getting in the way of an admission of being wrong.
So, boy I was wrong to imagine that Ms. Koh might have been unduly influenced; with her upbringing, education and qualifications, it is very unlikely that this would've happened. My apologies to all the other posters who wasted their time on this thread.
I see Bentleys almost every day in Newport Beach. While not exactly alike they are VERY similar and could easily be confused by non-car people.
Good-bye
Next, the Court considers whether Samsung’s products, in the eyes of an ordinary observer, would likely be deemed substantially the same as Apple’s iPhone.
To this end, the Court finds that an ordinary observer would, in fact, find the Samsung Galaxy S 4G to be substantially the same as the iPhone.
But I thought the criterion was obviousness to one skilled in the art?
.: Semper Absurda
Good, Because you know, I don't need Apple devices or Samsung devices. They're a distraction from you know, that perfectly rendered and beautiful life outside of that small screen.
Particularly since the "design patent" they are whining about it violating is stupidly broad. More or less it is "A black rectangle with rounded corners." Oh wow. What an amazing design. I haven't seen that anywhere before except TVs, computer monitors, computer cases, picture frames, speakers, furniture, and so on.
I think Apple is really scared right now because Android is a major threat. It has been making big inroads on their iToy market and that is where all their money has come from. I mean they have a computer market, don't get me wrong, but their were a smaller company when that was what they did. Consumer electronics are where they've risen to massive profitability. Android is threatening that and I don't think they have a "what's next" a different market to move in to that they can try and dominate.
So instead they try and shut down competition.
I'm glad they don't design cars. Soon they would patent the usage of round wheels.....
Plait dress with replica Louis Vuitton handbags
A wave of summer dress, still in the early autumn can come in handy. While other people were left in their right to see the new ball outfit, elegant skirt to show you the small and pure and fresh. A change garments according to the dressing, when a collocation wrong at the time, may one day didn't good mood. It's autumn, but I still have a hot. This fall's conceal, absolutely don't blindly. Appropriate add thin of autumn outfit just good, also let again good summer dazzle it. Simple clothing, relaxed collocation, presents different fashion effect, whether it is elegant, sexy, leisure, or a romantic, all may achieve the effect of what you want. The replica Louis Vuitton BOETIE PM is a nice handbag , this replica Louis Vuitton handbags is made of natural cowhide leather , it is the feminine Botie PM handbag is ideal for everyday sophistication. Its soft pleats, Monogram canvas and elegant shape add a touch of glamour to any outfit. There are double handles for hand carry , this replica Louis Vuitton handbags is deserve for you have one.
Bull-puncher skirt and cardigan combination, with color depth change the most easily to make level. Immediate effect cultivate one's morality, real cover on the five points after autumn socks are more flavor. Add more rich the whole body elements leopard grain is tie-in, autumn is worth a try. A change garments according to the dressing, when a collocation wrong at the time, may one day didn't good mood. It's autumn, but I still have a hot. This fall's conceal, absolutely don't blindly. Appropriate add thin of autumn outfit just good, also let again good summer dazzle it. Simple clothing, relaxed collocation, presents different fashion effect, whether it is elegant, sexy, leisure, or a romantic, all may achieve the effect of what you want. To be more beautiful , you may be want a replica designer bags , it may be a replica gucci , or replica Omega , they are all nice choice , whice one you like very much , you can have one , because this style jeans will become more fashion if you carry a fashione and nice handbag.
Stupid you. Google for "sony tablet" or for "toshiba tablet" and you will find two nice tablet designs that are rectangular and look nothing like an iPad. If Sony and Toshiba can do it, then surely Samsung can do it.
Then why did Apple feel like they should copy the design of tablets/phones that existed before iPhone/iPad?
They could have invented some new design too.
To me, it looks more like a Rolls-Royce Phantom. To compare:
http://www.worldcarsblog.com/wp-content/uploads/2010/12/Rolls-Royce-Phantom.jpg
http://chryforum.com/wp-content/uploads/2011/07/Black-300.jpg
The front of the car, especially. This particular comparison was immortalized in Katt Williams' "The Pimp Chronicles".
Uh what tablets and phones looked and behaved like an iPhone/iPad before the two devices came out?
The LG Prada.
The first time I saw one I went "Huh? A Bentley station wagon?"
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
It really pisses me off that Apple is trying to monopolize the market for thin, rectangular tablets and phones. They didn't invent that form factor, they weren't the first to produce devices in it, and they should not have a design patent on it.
So, I'm supporting anybody who fights Apple, including Samsung and HTC.
The law doesn't and can't define where the line is between patentable and unpatentable designs; that is for the courts to sort out, and they are trying to sort it out.
The reasons this is coming up now and is such a problem are twofold. First, product cycles and market opportunities are very short lived. Samsung had a few months to turn a profit on the 10.1 and Apple killed that. Now, the Transformer Prime is coming out and the lawsuit doesn't matter anymore. Second, most companies focus on making good products and don't, as a habit, go around suing each other over trivialities--it wastes everybody's time.
The last point may also be the solution to this problem: Samsung and everybody else being sued by Apple should tie up Apple's designers and executives in court, for years. Given how marginal Apple's claims are, the court should grant wide latitude to the defense to depose and question these people. When Apple's employees spend more time in court than doing work, maybe they'll figure out that these kinds of lawsuits are not productive for anybody.
i dont know who i should congratulate... the spambot?
but what you have here is a spam post that is somehow, bizarrely, appropriate.
also they invented the mouse, the GUI, the same-look-across-product-line, the idea that computers should be white, the educational computer, the floppy disk, bresenham's algorithm, microkernels, ..
like the other poster said below, the 'monopolism' in this case does not come from their size, it comes from their abuse of the court system and the patent system.
the AT&T splitup was supposed to promote competition. it wasnt just about 'breaking up a big company'.
if you split Apple into an 'OS' and 'hardware' busines, you arent really busting a monopoly. your action has to help competitors to have a level playing field. otherwise you aren't really 'busting' anything, nor are you helping to promote the fairness of the marketplace.
http://lmgtfy.com/?q=car+manufacturer+sues+copy
Those are some great suggestions. Display screens that aren't centered. Cluttered appearance. Not so thin. If Apple actually suggested those changes in any official manner it is hard for me take anything else they say seriously.
For years tablets were build that way, and many still are. But because Apple build their's like that, Samsung can only build their's that way?
Why can Samsung (let alone others) still make phones (Android even) that don't like iPhones if there is no way to do it? http://farm7.static.flickr.com/6119/6351394329_549cd8a502_o.png?__SQUARESPACE_CACHEVERSION=1321492746269
Apple is the new Microsoft.
Samsung > Apple and thus Samsung
Ignore all the articles! and say Apple are trying to copyright a rectangle.
ergo everybody is a fanboy!
Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
Not a rubber stamp office. .... very limited. Right handers (the majority of humans) will hold the device, likely, in their right. Buttons bezel, left would have to be used by the left hand. Not human intuitive choice. ... limited. See left. Now your only going after right handed people. ... I'm not so sure).
I looked over the article. The issue about hand held 'ness', bezel, speakers. You have to be kidding!
I have a twenty year old HP 32S II calculator. Short of the speaker, the device is as obvious as can be by design
1) Size. Fits the palm of an adult hand. That's about 3.5 to 4.5 inches wide. Wider is better (larger buttons and working surface).
Button pad. Question Top, bottom, side or middle?
OK
Top. No. My hand is over the display.
Left.
Right
But left or right. There is a drawback. Wasted space. The left or right hand defines the width. Now you are wasting it on buttons on the bezel face? No. That's not going to happen. Engineers are smarter than that (lawyers
So, button are left with bottom. So, not an 'ecstatics' choice. Just a functional one. Zing! On Apple and Sharp patent gone. You just need to hold up an old calculator in court to figure that one out.
Now onto speakers. ... it's a point. So if my neighbor has stereo on his phone, I need it too. Stereo is not patentable.
Why more then one? Stereo is the only reason. OK. So I think stereo on a device under five feet is probably pointless, from a sound quality point of view (excepting ear plugs where separation is about infinite). But for selling creeds
Therefore I look at my 3.5 to 4.5 wide handled 'widget' see the fingering end is the bottom. Where to but the two speakers.
Again let's look at the possible locations. (Top, Bottom), (Left, Right), (Upper, Lower). ... you guessed it, the obvious. (Left, Right). Just like ever stereo device sold on Earth.
OK. The idea behind stereo is to 'address' my ears. (Top, Bottom) is perpendicular to my ears. That might be considered 'ecstatics', but it would be a sales failure.
Again, addressing my ears. Let's look at (Upper, Lower). This should be an obvious failure. Speaker on the bottom? How is that stereo? Again, some fool might sell this as 'ecstatics', but it wouldn't sell.
So we are left with
Now that we have the only practicable location, how about where on the (Left, Right)?
OK. Side. Left and Right.
So at the base, midway or the top?
base, that would be where your hand is holding the device. So my hand is masking the speakers?
That would be a no.
Mid body. Thumbs are here. Besides covering the speaker with the thumb, there is the loss of utility of the thumb. So, not so bright. A reasonable engineer would say no. An 'ecstatics' professional, I would hope, would say no too.
So we are left with the upper corners. What Apple says is a 'design' choice from the 'ecstatics', not the practical point of view.
OK. Rounded corners. Sharp corners hurt! I'm looking at the devices before me. HP Printer (Office Jet), brother printer (inexpensive laserwriter) DVR, cisco router, monitor (the computer is on the floor), computer and Sony receiver. The two components (DVR and receiver) are meant to be in a cabinet. Only their front edges ever touched, if that. The remotes are the most common surface to touch. I haven't touched the receiver in many, many months. Printers ... every day, or few days As I pick printouts up. There smooth rounded surface never hurt my hand. I see that as an obvious selling point. Not an original idea.
Don't get me on a jury Apple. You are going to loose. I just need that old calculator to see you are lying about these 'design' choices as being 'ecstatics' not functional.
However, if it's proven that Apple's patents were invalid and their claim was frivolous, won't they be on the hook for $$big damages$$ to Samsung?
stone crusher
coal mill
Chancador
Machacadora
mobile crusher
Choice between top quality American product or shitty korean piss, who would even pick the samsung bullshit anyways?