Apple Loses German Court Bid To Ban Samsung Galaxy Tab 10.1N, Nexus Phone

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Apple Loses German Court Bid To Ban Samsung Galaxy Tab 10.1N, Nexus Phone

Posted by samzenpus on Thursday February 2, 2012 @10:33PM from the and-the-hits-keep-coming dept.

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."

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Apple by Anonymous Coward · 2012-02-02 22:43 · Score: 5, Insightful

Apple patents technology that they didn't invent and tries to stop samsung nexus and fails
1. Re:Apple by Anonymous Coward · 2012-02-02 23:15 · Score: 5, Informative
  
  It is widely known that Apple stole the design of the iPhone from LG.
2. Re:Apple by Anonymous Coward · 2012-02-03 00:20 · Score: 5, Insightful
  
  In this case it seems very implausible that Apple copied the design, given that the LG Prada was announced the 12 of December 2006 and the iPhone was announced and demonstrated to the public on January the 9th 2007. So for them to have copied the design, Apple would have had to redesign the phone in less than a month.
  It is far more likely that they are similar looking because there are only so many ways to design a touch screen phone in a "minimalistic" way, which clearly both LG/Prada and Apple were going for.
  The Similarities between the LG Prada and the iPhone should, however, be used as evidence against Apple when they claim others have copied their design. If it is possible for two phones to be as similar as those two phones by coincidence, then Apple should have no case against the Samsung Galaxy.
3. Re:Apple by erroneus · 2012-02-03 00:53 · Score: 5, Insightful
  
  I have to go with this position (above) simply because to be minimal, there are few ways to accomplish that for any given purpose. But you know, the same goes for Samsung's Tabs... minimal, and not too many ways to be minimal without looking like other minimal devices of the same type.
  But you know, with all that said, the fact that the word SAMSUNG is in bold, right there on the front leave little question as to whether or not it can be mistaken for an Apple device. This is just ridiculous.
  I'm going to need to patent the shape of a ball and then sue every maker of balls for design infringement.
4. Re:Apple by Anonymous Coward · 2012-02-03 01:30 · Score: 5, Informative
  
  According to LG, the design was first presented in September 2006 actually.
5. Re:Apple by Joce640k · 2012-02-03 01:30 · Score: 4, Insightful
  
  Yeah, but they didn't. And Apple sued anyway.
  Presumably just to be assholes - why compete on features/price when you've got money to burn on lawyers?
  
  --
  No sig today...
Motorola bans Apple from selling Ipads and Iphones by Anonymous Coward · 2012-02-02 22:47 · Score: 4, Interesting

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
Good to hear by msobkow · 2012-02-02 22:48 · Score: 5, Insightful

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.
who wins? by Noughmad · 2012-02-02 22:48 · Score: 5, Insightful

It's not Apple. It's not Samsung.
The lawyers however...

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PlusFive Slashdot reader for Android. Can post comments.
1. Re:who wins? by rtfa-troll · 2012-02-03 00:07 · Score: 4, Insightful
  
  In some sense both Apple and Samsung win. Small startup companies coming into this area now have to explain how they would take on either of these companies in an IP lawsuit and / or get licenses which will be so expensive their products become uncompetitive. The entire group of major technology patent holders is a cartel working together to steal from consumers by increasing prices and reducing the ability of the market to change faster than they are able to keep up with. With patent lawsuits like this running around they can afford to reduce R&D and just make money together with more limited competition.
  Sure, Apple and Microsoft are deeply evil, but Samsung is a at least bit evil too, and Google is building up a huge load of patents whilst failing to give a clear statement and guarantee to protect free software companies, so even they are having evil effects. This is a bit like American Politics. Just because one side is bad, doesn't mean the other side isn't bad too. You don't become fair and balanced by asking a wolf and a hyena whether the sheep wants to be eaten.
  
  --
  =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
2. Re:who wins? by Calos · 2012-02-03 00:18 · Score: 5, Insightful
  
  Hard to benefit from the publicity when the product receiving publicity is, well, banned.
  How do the bans work, anyway? Just sale in the country, or is it illegal to buy overseas and ship one in?
  
  --
  I vote based on politicians' actions, unless contrary to my preconceptions. Often wrong, never uncertain. #iamthe99%
3. Re:who wins? by BlackCreek · 2012-02-03 00:37 · Score: 5, Interesting
  
  > Fact is that Samsung created a tablet that looks very similar to an iPad, and that similarity was intentional. Other tablets do _not_ look that similar.
  A rectangular screen with a black border around it. Do you actually believe Apple invented the design of "screen with a black border around it"? How many digital photo displays are "screens with a black border around it"? Oh, perhaps you meant "a rectangular screen with a black border around it and a single round button"?
  FYI, All older Samsung TVs (I own one) were "rectangular screens with a black border around it with a single round button in the middle". Or you are going to say that as the tablets have a touch screen, any other design without a touch screen won't apply?
  Do you also believe that mobile video calling was invented by Apple when they released the "iphone with a video camera in the front"?
4. Re:who wins? by TheDarkMaster · 2012-02-03 00:45 · Score: 4, Funny
  
  What companies like Apple spends on lawyers I spent on armaments. Since then I now own an aircraft carrier (full complement of aircraft and fully manned) and I can invade a small country, and of course give the appropriate treatment for lawyers :)
  
  --
  Religion: The greatest weapon of mass destruction of all time
5. Re:who wins? by andydread · 2012-02-03 01:19 · Score: 4, Informative
  
  .
  
  Fact is that Samsung created a tablet that looks very similar to an iPad, and that similarity was intentional. Other tablets do _not_ look that similar. And it is obvious that Apple doesn't like it. Whether Apple has a case legally or not doesn't matter that much; the message sent is "if you try to sell devices that we think are copying our devices then you'll end up in court, and we make it as inconvenient as possible for you". There are plenty of other devices where Apple could have sued over the same patents, but they don't because the _reason_ for suing is not the patents, but the similarity of the product design.
  As far as "Other tablets do _not_ look that similar" goes Apple would beg to differ.
  Yes apple is anti-competitive in the fact that they will drag you into court over trivial similarities. They took the very common flat slate concept and filed a patent on it. One thing they are very good at is using the ideas and concepts of others and claiming them as their own while convincing the faithful that it was all their idea. Prior art be damned. Keep swallowing the talking points of Apple's PR dept. though don't let the facts get in the way.
Any surprises here? by goose-incarnated · 2012-02-02 22:50 · Score: 4, Interesting

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.
1. Re:Any surprises here? by thegarbz · 2012-02-02 23:11 · Score: 4, Insightful
  
  This isn't a "Black-Rectangular-with-rounded-Corners-computing-Device" patent suit it's a "Hey-look-touchscreens-can-also-do-this" patent suit.
2. Re:Any surprises here? by siddesu · 2012-02-02 23:24 · Score: 4, Interesting
  
  No surprise at all. But this is the goal of Apple in the first place. The smartphones and the tablets are like perishable goods -- the pace of new product development is fierce, so delaying a product by a few months has a huge impact on the bottom line. And that is what Apple is shooting for with patents that are at most borderline bogus.
  This and a ruthless, magical marketing gives them a not insignificant edge, the quality of their products notwithstanding.
3. Re:Any surprises here? by Rosy+At+Random · 2012-02-02 23:41 · Score: 5, Insightful
  
  Well, I looked at that and hoped to find much, much more. Alas, I found much, much more of the same.
  Most of the stuff they patented should be flat-out unpatentable. There were a few instances, such as in choice of icon colours, were I felt Samsung seemed to be needlessly imitating Apple's, but on the whole Apple seem to be trying to patent every nook and cranny they put on the damned iPhone. Some of these things are almost dictated by design constraints and natural analogues from prior OS, and some things are just part of a natural design trend towards minimalism.
  I just wish everyone would stop trying to sue each other. It's god-damned ridiculous,
  
  --
  Would you like a slice of toast?
4. Re:Any surprises here? by Joce640k · 2012-02-03 01:41 · Score: 4, Informative
  
  It's about much, much more than that:
  Oh, bullshit. Talk abotu cherry picking... for every feature that's listed as 'similar' there I could list another one that isn't.
  Apple:
  Home button is round
  Doesn't have camera on front
  Doesn't have 'back' and 'menu' buttons
  Samsung:
  Home button is rectangular
  Has camera on front (top right)
  Has 'back' and 'menu' buttons
  etc.
  The profile is even better - it's nothing like an iPhone from the side. But you missed that.
  
  --
  No sig today...
5. Re:Any surprises here? by rtfa-troll · 2012-02-03 02:09 · Score: 5, Informative
  
  This tired old rounded corners whine again?
  It's about much, much more than that: http://peanutbuttereggdirt.com/e/custom/Apple-vs-Samsung-1-Hardware-Design.html
  It's an interesting link; I've seen similar before but not thought about it much. When you look at it it really looks like Samsung is copying Apple. Very interesting is the change in the unboxing experience. It looks completely convincing.
  Then you remember your first Nokia N95; a product released before the iPhone was available. Look at the Nokia unboxing experience which happens to be captured on the internet. Suddenly the audacity of Apple in claiming this as their own takes your breath.
  Nothing under the sun is original; this is outrageous.
  
  --
  =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
As an nexus owner... by BlackCreek · 2012-02-02 22:59 · Score: 5, Insightful

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".
The only advantage iPhone users have over Android by phonewebcam · 2012-02-02 23:12 · Score: 4, Insightful

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.
Wow.. by Adult+film+producer · 2012-02-02 23:43 · Score: 5, Interesting

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?
Re:The only advantage iPhone users have over Andro by slydder · 2012-02-03 00:01 · Score: 4, Funny

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.

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IT Admins Group: Where you decide the content
Battle of Waterloo: Won on Playing Fields of Eton by PolygamousRanchKid+ · 2012-02-03 00:32 · Score: 4, Insightful

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!
Re:Motorola bans Apple from selling Ipads and Ipho by Walter+White · 2012-02-03 02:06 · Score: 4, Informative

English coverage at http://www.businessweek.com/news/2012-02-03/motorola-mobility-wins-second-german-ruling-against-apple.html