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U.S. Judge Grants Apple Injunction Against Samsung Galaxy Tab
Bill Dimm writes "Apple scores a win against Samsung over a design patent. U.S. District Judge Lucy Koh issued a ruling granting Apple's request for a preliminary injunction preventing Samsung from selling its Galaxy Tab 10.1 in the United States. She wrote, 'Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products. ... While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court."
People must be blind if they can't see how much current intellectual property regulations are stifling innovation.
vos nescitis quicquam, nec cogitatis quia expedit nobis ut unus moriatur homo pro populo et non tota gens pereat.
I.e. who's wining? Because customers are surely on the losing side.
Questions raise, answers kill. Raise questions to stay alive.
Perhaps Samsung should sell the German version, the Galaxy Tab 10.1N which passed the 'think different' test in German courts.
When the copyright term is "forever minus a day", live every day like it's the last.
Yes, I am. If Samsung's tablet was green, this case wouldn't be happening.
Then why is it happening even though the size and aspect ratio is different? And the existence of button and branding on the front? If you're going to assert that a change like color is what the whole case hangs upon then surely you can quantify the weight of that one element to the case with regard to the others. For example what about if they changed the corner radius? And how much would they have to change it for that element of the design patent to not be considered infringing, and at that point would the lack of consideration of that part of the design patent invalidate the case as you suggest would happen with the color of the device?
Is that really the argument you want to make? Is this the rally call that'll get all the IP haters out there lighting torches and sharpening their pitchforks?
Fuck Yes.
There is not anything about rounded edges, thin tablets, flat displays, edge to edge display screens, etc. that are purely ornamental and deserving of protection under IP law. It's incredibly obvious, functional, and fundamental to the very idea of a tablet.
If Apple wants legal protection, they can innovate inside the fucking casing. Better battery life, sharper and higher PPI screens, better touchscreen, faster processors, etc.
Or as part of the casing with stronger glass, lighter materials, etc.
Fuck. With your support of their bullshit the next thing we will know is that Apples owns the color white.
Wow, big surprise!
American judge awards American company an injunction against an overseas competitor. Again. We (the rest of the world) never saw that coming...
And yes, I know to Americans this comment is going to seem trolly but I am willing to risk karma over it because this is precisely how these cases are viewed, outside your borders. For right or wrong, we see it that the US controlled ITC and US court system are used to prop up US companies against competition.
"If you're going to make a statement about how IP regs are stifling innovation you should come up with an example that doesn't involve a company lazily duplicating 25 details of a competitor's design."
You're confused because those same 'design ticks' are not unique in any fucking way and are a natural expectation in most things. Would you want an iPhone with corners that stabbed you? No? That's pretty fucking obvious. Certain OS design parts might be infringing, but the PHYSICAL part is total bullshit and you fucking know it, you apologist.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
No, they created a device that looks like an iPad because anything that does the same job will look pretty much they same. Hammers, for example, tend to have a heavy end that hits and a handle end that you hold.
The things Apple are crying about are practical and part of its functionality. Design patents cover the decorative aspects. Should everyone else have to build heptagonal tablets with bayonets sticking out of the corners?
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
While companies need to enforce their patents to protect their IP Apple and Microsoft use them to bully others because they can't compete on their products own merits. Software patents need a much shorter expiration date. I would say a patent is invalid after 4 years (even that is too long).
"Don't Panic!"
What was so "innovative" about the shape of the corners on the iPad that it needs this much legal protection?
No sig today...
What was so "innovative" about the shape of the corners on the iPad that it needs this much legal protection?
Nothing, but patent trolling is one of the fastest growth industries in the US. In addition, it prevents newer, more agile companies disrupting established revenue streams with novel products. It's no surprise companies like Apple are joining in.
Patent trolls curb innovation and cost the U.S. $29B in 2011
A new study shows that patent lawsuits are not only costing the country billions of dollars but are also placing the burden on small and medium-size companies, which slows invention.
http://news.cnet.com/8301-1023_3-57461110-93/patent-trolls-curb-innovation-and-cost-the-u.s-$29b-in-2011/
"I've got more toys than Teruhisa Kitahara."