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

Posted by samzenpus on 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."

13 of 193 comments (clear)

  1. Apple by Anonymous Coward · · 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 · · Score: 5, Informative

      It is widely known that Apple stole the design of the iPhone from LG.

    2. Re:Apple by Anonymous Coward · · 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 · · 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 · · Score: 5, Informative

      According to LG, the design was first presented in September 2006 actually.

  2. Good to hear by msobkow · · 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.
  3. who wins? by Noughmad · · Score: 5, Insightful

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

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    1. Re:who wins? by Calos · · 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%
    2. Re:who wins? by BlackCreek · · 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. As an nexus owner... by BlackCreek · · 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".

  5. Re:Any surprises here? by Rosy+At+Random · · 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,

    --
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  6. Wow.. by Adult+film+producer · · 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?

  7. Re:Any surprises here? by rtfa-troll · · 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.

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