Apple Loses German Court Bid To Ban Samsung Galaxy Tab 10.1N, Nexus Phone
chrb writes "Apple has failed to get a patent ban on Samsung's Galaxy Tab 10.1N and the Nexus phone in Germany. Presiding Judge Andreas Mueller stated, 'Samsung has shown that it is more likely than not that the patent will be revoked because of a technology that was already on the market before the intellectual property had been filed for protection.' The patent in question covered list scrolling and document translation, scaling, and rotation on a touch-screen display. This news follows the recent Appeals court ruling that upheld the original Galaxy Tab 10.1 ban."
Apple patents technology that they didn't invent and tries to stop samsung nexus and fails
It's not Apple. It's not Samsung.
Their customers however...
I am also a retard and visually impaired
Most consumers don't really give a damn about these petty fights: we just buy things that better fit our pockets not perfect/secure solutions. If I really need to buy something banned I will (and sometimes at a better price too :P).
Motorola bans Apple from seling Ipads and Iphones and Germany :D
Sorry, german only: http://www.heise.de/newsticker/meldung/Motorola-erwirkt-Vertriebsverbot-fuer-iPhones-und-iPad-1427712.html
It's good to hear the courts are not letting Apple leverage a patent that's expected to be invalidated in order to damage a competitor's business. Samsung did, after all, modify the "N" design to get around Apple's patents that applied to the 10.1, so they did their due diligence.
I do not fail; I succeed at finding out what does not work.
It's not Apple. It's not Samsung.
The lawyers however...
PlusFive Slashdot reader for Android. Can post comments.
Just like in the SCO vs World case, we all know what the eventual outcome will be - it will just take time, thats all, before Apples worthless patents to be deemed as such in all courts. Patenting Black-Rectangular-with-rounded-Corners-computing-Device was never going to turn out well.
I'm a minority race. Save your vitriol for white people.
As the owner of a Galaxy Nexus bought from Amazon.DE and as a person that makes a living writing software, I am delighted to hear that Apple (or any other company) will have to make their 'buck' by making awesome products, and will not be allowed to curb competition because some idiot allowed them to patent 'list scrolling', or "whatever-shit-we-did-before BUT NOW ON A TOUCH-SCREEN MOBILE PHONE".
Is that they get to see what's coming in their handsets a year from now by looking at the current top end Android models on sale. I hear NFC is undergoing the usual transformation from "iPhone users don't need that" to "our amazing innovation" in the next model, the same way multitasking, speech recognition, widgets and usable notifications did.
Wait! iOS 5 has usable notifications? You could have fooled me!
So it's merely claimed that Samsung took the idea from Apple.
This case is a farce. The claim is related to a patent on multiple pager (yes, those things that display a phone number) synchronization over wireless networks. Motorola claims that iCloud on cellphone network infringes this patent. It illustrates so well the fabulous world of patent infringement court cases.
In other news, apple was banned from selling the all iphones except
the 4s because of Motorolas lawsuit.
in the german apple online shop, the iPhone 4s is the only availible iPhone.
store.apple.com/de
http://translate.google.de/translate?sl=de&tl=en&js=n&prev=_t&hl=de&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Fwww.heise.de%2Fnewsticker%2Fmeldung%2FMotorola-erwirkt-Vertriebsverbot-fuer-iPhones-und-iPad-1427712.html&act=url
google translation of german it news
Apple is now a Patent Troll... have they so given up on innovation that they can on live on shady backroom deals and the charity of a judge?
Ok but apart from that
Well there's regular OS updates. And no malware.
Ok, but apart from that
No fragmentation
Ok but..
Siri
Basically the choice is an emotional one, not a logical one. It comes down to whether you value hardware features/tinkering or content/UI/general slickness more. Me, those days I *much* prefer the latter, but then I'm quite old by geek standards. 20 years ago I'd probably have preferred a phone I could tinker with more for one that just does what I want. But hen I ran feeBSD as my desktop OS for a while, and I wouldn't do that now either...
Android is a copycat OS. To pretend otherwise is stupid. Equally, whilst I can see why Apple might be pissed that one of their main clients has ripped off their designs and sold them as their own, I don't think a patent war really helps anyone. Time to settle on sums of money and move on, I reckon.
omg. you live with them don't you? they got you as you were going through the terminal after your flight landed. What's your name I'll try and contact your parents for you so they can come rescue you.
IT Admins Group: Where you decide the content
Tsssh.
*applause and cheers from hardcore Apple fanboys' seats, awkward silence from the rest of audience*
You totally should go touring with this stand-up act.
FYI, Samsung's R&D funding is somewhere in $7e9-9e9 range, while Apple's is in $1.5e9-3e9. Surely all those are going into advanced copy paper research.
Umm apple is samsung's client. Apple buys stuff from Samsung not the other way around.
Siri
Basically the choice is an emotional one, not a logical one.
Apparently. People seem to love the easy way and don't think about why it is made that way. I myself know how it could be done before the everything in my browser/cloud started. And I really don't like where it is heading. What is the difference of Siri and a keylogger? Can you be sure the data doesnt leak?
Yes, it's almost as stupid as patenting a rectangle with rounded corners and getting something banned over it!
"Is that they get to see what's coming in their handsets a year from now by looking at the current top end Android models on sale"
Not true. iPhone users always get software updates for three years after the phone was released, regardless of carrier. iOS is also still slicker than Android, and the ecosystem is more coherent.
Technology Battles Today: Won in the Courts . . . not in the labs.
The first step in creating a fantastic, new tech gadget . . . is making sure all the legal issues are worked out, even before you start developing and idea. If some court is going to block you down the road, there is no point in investing in a new project.
Ladies and Gentlemen, lawyers are now the first troops at the front of technology development!
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
It's a case of pot meets kettle.
Well there's iBooks of course.
Google Books.
And iTunes.
Google Music.
And a much better ecosystem generally.
Getting an app rejected because it competes or might compete with a future Apple app is awesome.
Well there's regular OS updates.
Just like Android.
And no malware.
And no choice.
No fragmentation
And no customization.
Siri
Aran
Eva
Evi
Iris
Omega
Risi
Skyvi
Speaktoit Assistant
Vlingo
It comes down to whether you value hardware features/tinkering or content/UI/general slickness more.
Android offers all of that.
Android is a copycat OS. To pretend otherwise is stupid.
Except the Android OS predates iOS.
How is this news? That is nothing, similar decisions have been happening every week since Apple started it's crusade against the Android.
On the other hand, Motorola, today, actually managed to ban all 3G powered, iCloud enabled iDevices, also in Germany.
http://fosspatents.blogspot.com/2012/02/motorola-wins-german-injunction-against.html
Seriously, I never thought I would see a court with balls big enough to say to Apple: "No, You didn't invent crap. Now GTFO".
You could make a list of a million gesture controls over a couple of beers.
Then make such a list, post it to the Internet, and get it into Wayback. This is the start of defensive publication.
Yes, it's almost as stupid as patenting a rectangle with rounded corners and getting something banned over it!
So you didn't read Apple's patent claims, just what was said on Slashdot. Congratulations.
Write boring code, not shiny code!
they're still dancing about trying to invalidate individual ones for things like obviousness and prior art instead of going to kill them all as they are merely mathematics and can all be reduced to mathematical expressions which aren't patentable...
Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
Well there's regular OS updates.
Just like Android.
One- and two-year-old phones are far likely to get an operating system update if they're "iPhone" or "Nexus" brand. Any other brand of Android phone is at the mercy of the often reluctant manufacturer. The iPhone 3GS was introduced in the second quarter of 2009 but still runs the latest iOS. How many phones from that era run Android 2.3 "Gingerbread", let alone Android 4.0 "Ice Cream Sandwich"? See previous Slashdot stories about abandonment and excuses.
Except the Android OS predates iOS.
In what sense? The first Android phone to be sold was HTC Dream, in the fourth quarter of 2008. The first iPhone to ship with the App Store was the iPhone 3G, introduced four months earlier.
I keep wondering what apple's drive is for stifling competition through use of litigation mired. Perhaps if they can control the mobile and tablet platforms there will be no way for any other entity to offer alternatives. Imagine the leverage you would have if you decide certain services *coughgooglecough* just don't quite work right on the platform you control. You can call the shots then.
Join the Slashcott! Feb 10 thru Feb 17!
English coverage at http://www.businessweek.com/news/2012-02-03/motorola-mobility-wins-second-german-ruling-against-apple.html
Yes, it's almost as stupid as patenting a rectangle with rounded corners and getting something banned over it!
So you didn't read Apple's patent claims, just what was said on Slashdot. Congratulations.
With that in mind, what do you think of the case of the original iPhone looking very much like the LG Prada, which was clearly the first design taking phones in the "iPhone design direction"? LG wasn't so litigious as Apple, so it haven't been tried in courts around the world, but the "rip-off" is at least on similar level as Samsung and iPads. Should iPhone have been banned?
iTunes alone is a sufficient reason for not using the iPhone. I prefer a phone that I can plug in any PC and copy files too. No software or drivers to install.
He will return one day! And when he does, you'll have to answer for this sin!!!
SJW: Someone who has run out of real oppression, and has to fake it.
Every time someone links to Florian god kills a kitten.
Please spare us.....
EU: one currency, free flow of goods no customs.
Note that GP didn't say "Android Phone was older than iPhone".
What he said was Android OS was older than iOS.
Possibly based on wiki articles about the two.
Android OS SDK was released on 12 NOV 2007.
iOS SDK was released on 6 MAR 2008.
Now, arguably, he should have read further and found that the first version of "what became iOS" was released on 29 JUN 2007.
Equally arguably, "what became iOS" wasn't necessarily iOS...
"I do not agree with what you say, but I will defend to the death your right to say it"
One- and two-year-old phones are far likely to get an operating system update if they're "iPhone" or "Nexus" brand. Any other brand of Android phone is at the mercy of the often reluctant manufacturer. The iPhone 3GS was introduced in the second quarter of 2009 but still runs the latest iOS. How many phones from that era run Android 2.3 "Gingerbread", let alone Android 4.0 "Ice Cream Sandwich"? See previous Slashdot stories about abandonment [slashdot.org] and excuses [slashdot.org].
There is Cyanogenmod and a whole host of other ROMs available for all but the most underpowered or obscure Android devices. Flashing a firmware is straightforward and easy, so nobody is at the mercy of their phone's manufacturer unless they choose to be.
In what sense? The first Android phone to be sold was HTC Dream [wikipedia.org], in the fourth quarter of 2008. The first iPhone to ship with the App Store was the iPhone 3G, introduced four months earlier.
In the sense that Android OS existed before iOS. Android was being developed since 2003.
It's better than someone who refuses to engage with the arguments
...relying instead on a pithy quote that the gallery approves of.
> Do you actually believe Apple invented the design of "screen with a black border around it"?
The design for the iPad was actually invented back in the 80's by Star Trek the Next Gerneration
Any other brand of Android phone is at the mercy of the often reluctant manufacturer. The iPhone 3GS was introduced in the second quarter of 2009 but still runs the latest iOS. How many phones from that era run Android 2.3 "Gingerbread", let alone Android 4.0 "Ice Cream Sandwich"?
I agree that this is a problem with Android. Unfortunately, this is caused primarily by manufacturers and carriers that insist on building their own interface but are not prepared to support it. TouchWiz is why new Samsung phones aren't getting ICS or at least not in the near future. The hardware isn't an issue and getting ICS on it isn't an issue. The problem is porting TouchWiz and testing it on each device. The same goes for Sense from HTC and Motoblur from Motorola. This gets compounded even more by the carrier-specific crap that is bundled and often baked into the ROM.
I loved my original Droid because Verizon had not yet figured out how to crap it up. The Droid X was a mess, especially the eventual 2.3 update, thanks to Verizon. This is why I opted for the Galaxy Nexus when my X finally died.
Thankfully, the relative openness of Android allows options like CM for those of us who care about getting the newer versions of the OS (and removing the extra crap from the manufacturer and carrier). This isn't an answer for the average consumer, but it is better than nothing.
Android OS existed before iOS. Android was being developed since 2003.
That depends on how you define "being developed". iOS is NeXTstep (first release 1989) customized for the iPhone and iPad. NeXTstep predates even Linux. If such customization doesn't count, look at what Android looked like before it was quickly ported to touch-screen phones shortly after iOS came out.
If LG didn't file a lawsuit, it's because they had no case whatsoever. Had they foreseen a potential gain, you can be sure they would have sued Apple to get it.
The main problem being that LG did not file patents around the design of their Prada, or to be more precise, no patents that any reasonable court would have found the iPhone infringed on.
It's not a matter of whether or not the Galaxy S II is closer to the iPhone than the iPhone was to the Prada, it's a matter of a court finding the Galaxy S II infringing on patents, while no patent holder found worthwhile to sue Apple on patents grounds. And be assured that given the success of the iPhone, if they infringed on any patent at all, someone would have asked for money.
All in all, it's Apple playing the patent game much better than LG. If you don't file patents, you can't sue on patent grounds.
And to be very honest, I think the Prada wasn't very close to the iPhone in so many ways that it is hard to see a real case here. The Prada was a piece of crap compared to the iPhone while the Galaxy S II is comparable to the latest iPhone.
Write boring code, not shiny code!
Siri
Aran
Eva
Evi
Iris
Omega
Risi
Skyvi
Speaktoit Assistant
Vlingo
Not to mention that Apple didn't develop Siri, they merely bought it out just before the Blackberry app was released and canceled on non-iOS development. So, in a sense, Apple didn't give us Siri, they took it away.
Guess you weren't notified... ...
Oh wait
I'm a minority race. Save your vitriol for white people.
Apple and Samsung both are making a mess in the marketplace by trying to sue one another
Bullshit.
If a guy gets mugged by three other guys, and the victim of the mugging tries to fight back, would you blame the victim and muggers equally?
I don't think it's a coincidence that MS, Oracle, and Apple, all attacked Android at the same time, in the same way, and for the same reason.
The only people who suffer are those of us looking to purchase products as all these legal fees go back into the bottom line price.
As I understand it, Apple made about $14 billion last quarter, and Apple's legal fees were about $100 million. And Samsung is a bigger company than Apple.
For Apple, legal fees spent on bogus lawsuits are a great investment. Are you kidding? Banning the competition for about what they spend making, and airing, one TV commercial?
They can now all go out and buy a Galaxy device to see what Apple was so afraid of. It must be better than Apple's product or they wouldn't have been scared shitless by it.
As I understand it, Apple earned about $14B last quarter, and only spent about $100 million on lawyer fees.
Forcing the competition out of the market for $100M is a huge bargain. Apple won.
Apple earns about $14B in a quarter, and only spends about $100M on legal fees.
Banning the competition with bogus lawsuits is huge bargain for Apple.
When IP laws where first conceived it was to protect book manufactures durring the enlightenment. It protected the author against larger corporations with no ideas who could mill out books faster, and made it unfeasable to pay authors to write books without such protections.; Now, this is just the inverse, IP is used to strip inventors and authors from their rights, and suppress competition from distinct and seperate products. Of course IP law is tricky and difficult to manuver through. They have created a system where content, device and inovation is only legally acomplishable by those who have a lawyer corps large enough to win. big corporations, government research. Everyone else just gets sued out of their own ideas by frivolous law suits.
The main problem being that LG did not file patents around the design of their Prada, or to be more precise, no patents that any reasonable court would have found the iPhone infringed on.
So let me get this straight: it's ok for Apple to be a dick to LG and steal their shit because LG didn't have the foresight to think that patenting something as stupid as a rounded-corner rectangle and an icon-grid-based UI should be patentable, but it's *not* ok for Samsung to be a dick to Apple and 'copy' their shit because Apple patented said shit?
--Jeremy
Jesus was a liberal
If LG didn't file a lawsuit, it's because they had no case whatsoever. Had they foreseen a potential gain, you can be sure they would have sued Apple to get it.
Everything is a set of trade-offs, by being so litigious apple have a lot of well deserved hatred. For the most part their users are too naive to care. Sometimes good will is worth more in money in the long run than money gained from lawyers in the short term.
Imagine if google tried pulling the same crap, the people who care would be the fastest to bail just like apple products, but those that don't give a crap and willfully take it stay, different demographics different values. Some people don't care for freedom or choice.
be a dick to LG and steal their shit ...
... has no legal meaning. So yes, from a legal standpoint what Apple did is OK and what Samsung did is not.
That said, hold an iPhone 4 and a Samsung Galaxy S II apart and you will notice *A LOT* of similarities. Hold an iPhone 1st gen and a Prada, and there is almost nothing to compare. So I guess the legal standpoint is not the only standpoint here.
Write boring code, not shiny code!
It's hard to compare long term vs short term here. If anything, Apple's actions will deter further competitors to get their products to close to theirs. This might be seen as a positive long term action. It also make some people go away from the Apple platform, but they are probably the most tech-oriented people, the same group that provide the Jailbreak ecosystem. That might also be seen as a good thing from Apple's perspective.
I'm just throwing wild guesses here, to illustrate that before making any long term vs short term analysis, there are *a lot* of variables to consider.
As far as freedom and choice are concerned, if you think choosing the Apple platform is turning your back on any, then you have fiercely misunderstood what the free market is. ALL Apple customers are free to leave the Apple platform any time (unless they're getting stuffed by their carrier, but that's not an Apple thing). The fact that they don't is in not an indication that they don't care. Only a retard or an Apple hater will pull that of his ass. Pick yours.
Write boring code, not shiny code!
There are many aspects of freedom, I agree you are welcome to vote with your wallet any time you like. But by choosing apple you are limiting your freedom to tinker and load arbitrary applications etc. Freedom is being restricted, but it might not necessarily be a freedom that some people want or need.
Funny, freedom for me is not to have to know how all the parts of my vehicle work in order to operate it. You should just accept that freedom is a relative term, especially when it comes to commodity goods.
I have an iPhone and I had the freedom to choose a platform with which I can't tinker. I did not restrict myself, nor my SO, by choosing Apple. I just gave myself some more free time. That's my choice, and it may not be yours. I am no less free than you are.
Write boring code, not shiny code!
Funny, freedom for me is not to have to know how all the parts of my vehicle work in order to operate it.
Lots of people get by using android without knowing how it works... but you have the freedom to learn how it works if you wish, which you do not with iOS
You should just accept that freedom is a relative term, especially when it comes to commodity goods.
To have freedom is to be unrestricted, there are many ways in which people welcome restrictions, but to say a restriction itself is freedom is a bit silly.
I am no less free than you are.
You are less free to tinker, you may not care for that particular freedom, and that is your choice, but it is a restriction of freedom that android does not have.