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German Appeals Court Confirms Galaxy Tab 10.1 Ban
New submitter Killer Panda sends word that a German Appeals Court has upheld the injunction prohibiting sales of Samsung's Galaxy Tab 10.1 in Germany. Apple convinced lower courts to issue and uphold the injunction last year by making the case that Samsung's devices "slavishly" copied the iPhone and iPad. "Samsung, which is Apple's supplier as well as a competitor, has been trying to have the German decision overturned while also seeking other means to fight Apple. It redesigned the Galaxy Tab 10.1 for the German market only and named it Galaxy Tab 10.1N to get around the sales ban. Apple challenged the reworked version but a German court last month rejected Apple's claims in a preliminary judgment." The European Union announced some more bad news for Samsung: they'll be investigating the company to see whether its use of patent lawsuits is illegally hindering other companies' use of standardized 3G technology. "Under EU patent rules, a company that holds patents for standardized products is required to license them out indiscriminately at a fair price."
Why is it that the most popular girl at the dance is usually the biggest douchebag?
I've seen this behaviour time and again, if it's pretty or popular, it's easier to let all manner of misdeeds slide.
Apple begins a very anti-competitive, design infringement lawsuit against everyone. Samsung fights back to try and protect it's market share. Samsung gets investigated for anti-competitive behaviour.
Popular kid abuses geek, geek fights back, geek gets sent to the principals office. WTF!?
I expected (not accepted) this sort of blatant ignorance then, but when it comes to an entire governing body (excuse my ignorance of EU policy) this sort of nonsense should not be tolerated.
Isn't there some manner of oversight for something like this.
If my son were to insult another student repeatedly, without offending the teacher, that later resulted in said student having a violent outburst, not only would my son be brought up on bullying charges (legit in my state), but so would the teacher for ignoring the bullying.
But corporations are fully allowed to do this without repercussion.
That upsets me.
Shame on them.
"Helping to keep you two steps ahead of the Thought Police!"
Apple begins a very anti-competitive, design infringement lawsuit against everyone. Samsung fights back to try and protect it's market share. Samsung gets investigated for anti-competitive behaviour.
Popular kid abuses geek, geek fights back, geek gets sent to the principals office. WTF!?
I expected (not accepted) this sort of blatant ignorance then, but when it comes to an entire governing body (excuse my ignorance of EU policy) this sort of nonsense should not be tolerated.
If the popular kid abuses the geek, and the geek comes to school with a pipe bomb, you better believe the geek is going to the principal's office... Or worse.
In this case, regardless of the merits of Apple's design patent infringement suit, Samsung fought back in a way they aren't allowed to: they helped establish the 3G standard, apparently withheld certain key patents from the licensing pool for the standard, and are now asserting those patents against a pool member. That's an almost textbook antitrust violation in this country, and Europe apparently has a similar law.
I thought the EU was moving away from copyright trolls ruining everything through the court system? Seriously, this is a big step in the wrong direction!
This has nothing to do with copyright. On the Apple hand, it's a design patent infringement suit. On the Samsung hand, it's an antitrust violation investigation.
Under EU patent rules, a company that hold patents for standardized products are required to license them out indiscriminately at a fair price.
but the problem with Apple is, they think they are special and want to pay less as all the other companies, as Samsung is having them pay exactly the same as the rest..
The 10.1 is banned while the 10.1N is allowed.
http://www.mobile88.com/gen/news/articles/2011/11/21/_11212011125638.jpg
Talk about marginal court decisions. If you put a protective case on it, no one could tell the difference. Lawyers for the win!
That's more about how narrow design patents are. Which is kinda the point - Samsung really had to work hard (or, rather, not work at all) to infringe the iPad design patent.
Bullshit. Motorola Xoom, Asus Prime (from original Joaha Heffner Megajudge POV) look exactly the same, hence infridge. She agreed with the point that "plain design can be patented" when refering to a device with front end dominated by screen. I guess she has never walked into a TV store. Thing black bezels, slightly rounded rectangles all over the place. Oh, and without "innovative apple" this time, quite naturally.
The Galaxy Tab 10.1 - being an Android, rather than iOS device - looks and feels nothing like the iPad 2 when its switched on. Completely different UI/graphic design look. In fact it doesn't look remotely similar. Samsung also doesn't call it the sPad or something. They call it Galaxy Tab, which bears no resemblance to "iPad" whatsoever. Try it out yourself. Go to a store that has both the Samsung tablet and the Apple tablet, try both, and come back and tell me that they look similar. They don't! As for whoever modded my original parent post "Troll" - you Apple freaks are the worst fanboys of all. Samsung's tablet is technically superior to iPad 2. Pointing that out - that Apple doesn't have the best device on the market - is stating the facts, not trolling.But go on. Keep living in your twisted little fanboy world where Apple is the greatest computer company on the planet, and its products are the only ones that are great or groundbreaking. You Apple fanboys will grow older and wiser someday, and look back and wonder precisely what it was that was so "amazing" about Apple's products.
Why did the chicken cross the road? Because Elon Musk put an AI chip in its head.
What is a tablet supposed to look like? A tire iron? I can easilly tell the difference between a galaxy, and an ipad, with my eyes closed.
Furthermore, Apple did not "invent" rectangles, icons, or rounded corners.