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Apple Loses Bid To Exclude Evidence In Samsung Patent Trial

New submitter Shavano writes with news that Apple's attempt to block Samsung from introducing evidence of a tablet prototype developed in 1994 has been denied by U.S. District Judge Lucy Koh. Part of the reason Apple got a sales ban on Samsung's Galaxy Tab 10.1 earlier this year was that an Appeals Court said Apple's tablet design was significantly different from earlier designs. Now, Judge Koh has decided that the issue needs to be decided by a jury. "Samsung has argued the design was an obvious variation of tablets existing as early as 1994, including one made by Hewlett-Packard Co. The Korean company supported that argument at the trial with videotaped testimony by Roger Fidler, who heads the digital publishing program at the University of Missouri. Fidler said he started working on a tablet design in 1981. Apple sought to exclude the testimony based on the appeals court ruling. In a written declaration, Fidler said 'Apple personnel were exposed to my tablet ideas and prototypes' in the mid- 1990s when the company collaborated with Knight-Ridder Inc.’s information design laboratory in Colorado."

227 comments

  1. It's like Palo Alto all over again... by TWX · · Score: 0, Offtopic

    Xerox Alto anyone?

    --
    Do not look into laser with remaining eye.
    1. Re:It's like Palo Alto all over again... by MacDork · · Score: 5, Interesting

      Fidler holding both tablets. Yeah, Apple's is totally original... :-|

    2. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 5, Funny

      I also notice that Steve Jobs ripped off his trademark look from this guy in addition to the iPad design.

    3. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0, Redundant

      Whoa, those corners are round!!!

    4. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      This is the best news yet from this crazy trial. Of course, you still never know what a jury will decide or how they'll view it. This trial may come down to the jury instructions.

    5. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      Yeah except Apple had a license agreement with Xerox. So... not Palo Alto over again.

    6. Re:It's like Palo Alto all over again... by TWX · · Score: 4, Insightful

      Apple is plenty-rewarded with their profits.

      Regardless of Apple's making it work, we're talking about trademark looks and conceptual functionality. As a designer, if this man did come up with what a tablet should look like and should do, and then if someone else took his work and made it work, that would mean that the someone else has a derivative work.

      Hell, in Star Trek: The Next Generation, they had these tablet computers that they walked around with and used for data access and retrieval. They were even called PADD. They had rounded corners. Yes, they were not real. But, as we've seen, a lot of people want to make real things that work like the fake things they see in science fiction. There's no shame in that, but their works are all derivative works at best. They didn't come up with the idea. They just made it work.

      --
      Do not look into laser with remaining eye.
    7. Re:It's like Palo Alto all over again... by ThatsMyNick · · Score: 2

      It doesnt matter if Samsung was influenced by iPad or Fidler's tablet. What matters is Apple's design patent is no longer valid, and Samsung has all the right to copy the iPad and Fidler's tablet.

    8. Re:It's like Palo Alto all over again... by jrumney · · Score: 5, Insightful

      I notice one of them actually works, the other is a piece of plastic with a print of a newspaper stuck to it.

      The creator of which one should be rewarded? (think carefully before you answer)

      It is perfectly reasonable to expect both to be rewarded. What is not reasonable is to reward the creator of the second, working, tablet by blocking any competition that also produces a working tablet with a similar design to the first non-working tablet.

    9. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 3, Insightful

      You don't understand patent law very well. Being successful at bringing someone else's design concept to market does not allow you to block competitors from creating a knock-off. That's what you need a patent for. But for that, you need to show both novelty and nonobviousness, and it's not enough to be the first one to make it "actually work." If someone had the idea for the design 20 years ago, but not the technology, go ahead and patent the novel technology. But if you are using widely available technology, expect competition.

    10. Re:It's like Palo Alto all over again... by Guppy · · Score: 4, Insightful

      I notice one of them actually works, the other is a piece of plastic with a print of a newspaper stuck to it.

      The creator of which one should be rewarded? (think carefully before you answer)

      After thinking about it a bit, this would be my answer:

      For the one that came after (and actually works), I see no reason why they shouldn't be rewarded for the effort on the parts that actually made it work. Patents on novel engineering regarding the guts of the device that made it a functioning tablet? No problem.

      For the one that came first (and doesn't work), the non-functional mock-up offers only style; the external look and design. Those are the only elements he should get credit for -- but it just so happens that elements of style are among the patents at question in this trial.

    11. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      No this does not in anyway invalidate apples patent the court must rule on that first.

    12. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 1

      I notice one of them actually works, the other is a piece of plastic with a print of a newspaper stuck to it.

      The creator of which one should be rewarded? (think carefully before you answer)

      Oh to be so fucking young and ignorant :) You're shown the design prototype and you complain that it wasn't a working a tablet (this is in the eighties to early nineties). Apple used a simple existing design, added modern components and a lot of good ui/usability still doesn't mean that they own the idea of tablets with rounded corners. Did you know that there were even pre-IPad tablets which failed even though they had somewhat similar design, or were you born after them also?

    13. Re:It's like Palo Alto all over again... by cpu6502 · · Score: 4, Interesting

      >>>Put them in front of a 1984 Macintosh, and almost everything works like we have now.

      Except it doesn't have subfolders like we have now.
      Or the ability to multitask more than 1 program.
      And no right button menus (like Commodore Amiga and Atari ST).
      Users would be frustrated.

      BTW it's not the first time a patent was invalidated in court by showing the existence of prior work. In 2007 Novell and Red Hat Linux jointly fended off a patent infringement suit for virtual desktops - and several people helped in finding cases of prior art. The most interesting one of all? A carefully restored and working 1985 Commodore Amiga demonstrated to the judge and jury..... Basically they demonstrated how the Amiga could have multiple desktops and screens.

      POINT: A patent is invalidated when a piece of working hardware predates the issuance date. Apple can not claim a patent on the rounded-corners of the iPad if a piece of hardware already existed with that concept.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    14. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      I notice one of them actually works, the other is a piece of plastic with a print of a newspaper stuck to it.

      So let me get this straight: Apple claims the "look and feel" of Samsung's tablet is infringing, and it's one of the major reasons they're suing. This is despite the fact that the two devices actually function noticably different. Now we have evidence of a much earlier concept that Apple CLEARLY took a lot of design cues from. The earlier device also does not function the same way (or at all, really). But now that APPLE is the one copying, suddenly the difference in functionality makes copying design perfectly OK? Am I understanding this correctly?

      Enjoy that crow, you hypocritical, koolaid-drinking nutjobs...

    15. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      POINT: A patent is invalidated when a piece of working hardware predates the issuance date.

      This isn't working hardware.

    16. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 1, Interesting

      OK I'm going to ramble a bit here, but you got me thinking... I'm an anonymous coward anyway so what do you care?
      ( the irony of your CPU name and your harsh view of Jobs was also not lost on me )

      I am intrigued that you see all this so strongly in Samsung's favor. I guess must realize my own bias from this... I see almost everything in this trial has gone in Apple's favor, and Samsung's lawyers couldn't possibly have done worse on the courtroom.
      And yet you think that Samsung is clearly winning.
      Very interesting to me.

      Yet, I can't get past this prior art thing... I know it's not an objective question, but...
      Apple could win this on one question to the jury: Had you ever seen anything like the iPhone when it came out?
      If any of them, and any of you slashdotters say "yes" you are lying.

      For a biased, but beautiful example, go back and watch the original Apple keynote from 2007 where the iPhone debuted. Fastforward to the live demo jobs does.
      People are audibly gasping. This is Apple fanboys, of course. Fanboys will hoot and holler, clap and yell, but even Apple fanboys won't gasp at something... unless they're amazed at what they see.

      Did that happen in 1994 when Fidler's demo was shown to people? Of course not. It wasn't a real product. It was stardust and dreams.

      Samsung may well win... we'll have to just see.

    17. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      Which is quite irrelevant to the case that Apple's trying to run up the flagpole.

      Sadly, they've opened up a can of worms with this- one they didn't want to have opened.

    18. Re:It's like Palo Alto all over again... by shutdown+-p+now · · Score: 5, Insightful

      Did that happen in 1994 when Fidler's demo was shown to people? Of course not. It wasn't a real product. It was stardust and dreams.

      This matters not for the purposes of establishing prior art / originality, though. You don't get to claim "well, I started selling it first" and ignore the works that preceded you on those grounds.

    19. Re:It's like Palo Alto all over again... by theRunicBard · · Score: 5, Insightful

      While I agree with what you've said, as a programmer, I must ask you to never ever say "just made it work" again. We get enough of that shit from management. :)

    20. Re:It's like Palo Alto all over again... by ThatsMyNick · · Score: 2

      Are you intentionally being obtuse? If the patents are overturned, there is no case. It doesnt have to go to the jury, the judge will herself throw the case out.

    21. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      They were even called PADD. They had rounded corners. ... Yes, they were not real. But, as we've seen, a lot of people want to make real things that work like the fake things they see in science fiction.

      Do yourself a favor and do an image search for PADDs. NONE of them look like an iPad. You will not find one that has the twenty five similarities that the Tab has with the iPad. You're fixating on the rounded corners and the case was about many details, rounded corners being one of them, being duplicated and not just vaguely imitated.

      Samsung closely copied Apple. The other hundred tablets out there bear that out,. They did not, for example, copy some other design that Apple happened to copy as well. If I were a stockholder for Samsung I'd be pissed, especially after Google told them the design was too similar..

      I really don't have an opinion about whether or not this is substantial enough to be worthy of the two billion or so Apple's demanding (seriously, there's no f'n way the Tab could have caused anything like that amount of damage to Apple), but I do think Samsung's me-too'ism isn't helping themselves and it certainly doesn't help the Android Community who'd like to see a worthwhile competitor to the iPad take off. Why Samsung hasn't been more soundly spanked around here over this whole debacle is beyond me.

    22. Re:It's like Palo Alto all over again... by Mattcelt · · Score: 4, Insightful

      The point of contention for which this was presented is the design patent; the inner workings are irrelevant (cf. here).

      Apple is seeking to prevent Samsung (and, by extension, most other tablet manufacturers, if the case succeeds) from selling anything that resembles their design (namely, the rounded corners, form factor, etc.) based on the idea that they came up with an original, non-obvious design for the iPad and should be awarded exclusive rights to it. Samsung's evidence points to the idea that Apple were beaten to the design by almost 20 years, and were exposed to it then, and therefore their idea is neither original nor non-obvious, thus invalidating their patent.

      Again, none of this requires "working" hardware. Patents don't require it, except for perpetual motion machines; for those, a working prototype is mandatory.

    23. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      Uhmm, you do realize he has a mac on the desk, and thus might actually be a fan of jobs? (Hell, they coulda swapped reacharounds what with their locations...)

    24. Re:It's like Palo Alto all over again... by BronsCon · · Score: 4, Insightful

      I notice one of them actually works, the other is a piece of plastic with a print of a newspaper stuck to it.

      The creator of which one should be rewarded? (think carefully before you answer)

      Since it's a matter of trade dress (read: design) I'd say whoever designed it first. That would be the piece of plastic with newspaper stuck to it. Nice attempt at redirection, though.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    25. Re:It's like Palo Alto all over again... by BronsCon · · Score: 2

      If its purpose is to demonstrate a design concept and it demonstrates that design concept, it's working.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    26. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 2, Informative

      It's impossible to "Vaguely Imitate" a center mounted screen, or a screen made of glass (which is shiny, and transmits light from one side to the other). It is impossible to imitate the color black. It impossible to imitate a rectangle (it simply is or is not a rectangle). It is impossible to imitate quite a few things Apple has design patented, and many of them are obvious. Design patents are an abomination to human culture, and are the lowest form of filth. How is one to make a functioning smartphone or tablet without a screen that transmits light? Glass is so utterly generic, It simply doesn't matter whether it's gorilla glass or not. Using strong glass is not patentable anymore than I could patent using a hardwood floor in my house. Or wood in my baseball bat.

    27. Re:It's like Palo Alto all over again... by aztracker1 · · Score: 2

      the patent isn't on the hardware, it's on the shape of the hardware.

      --
      Michael J. Ryan - tracker1.info
    28. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 1

      C'mon, that obviously Photoshopped...everyone knows Apple invented rounded corners!

    29. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      It's impossible except for the hundred or so other designs that are on the market right now. That number 25... it's pretty important to this discussion.

    30. Re:It's like Palo Alto all over again... by ArhcAngel · · Score: 1

      That is PRECISELY why I got out of programming.

      boss walks in... "Our biggest competitor just released an update that does xyz. Please have these features added to product abc by the end of the week."

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    31. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 5, Insightful

      Every time Steve showed a feature in the iPhone in 2007, I didn't gasp, I thought "My phone does that, though poorly". The iPhone was a good product, but what it did wasn't new. It was just that they made it work. That's commendable, but doesn't make the ideas themselves original.

    32. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 1

      What about that number 25? Why not 23 or 42? I don't remember any of those actually appearing in court filings.

      Here, have a look at actual complaint, this is all that's claimed about design:

      41. The following non-functional elements of Apple’s product designs comprise the
      product configuration trade dress at issue in this case (the “Apple Product Configuration Trade
      Dress”):
                          a rectangular product shape with all four corners uniformly rounded;
                          the front surface of the product dominated by a screen surface with black borders;
                          as to the iPhone and iPod touch products, substantial black borders above and
      below the screen having roughly equal width and narrower black borders on either side of the
      screen having roughly equal width;
                          as to the iPad product, substantial black borders on all sides being roughly equal in
      width;
                          a metallic surround framing the perimeter of the top surface;
                          a display of a grid of colorful square icons with uniformly rounded corners; and
                          a bottom row of square icons (the “Springboard”) set off from the other icons and
      that do not change as the other pages of the user interface are viewed.

      Nope, not about rounded corners.

    33. Re:It's like Palo Alto all over again... by cheesybagel · · Score: 1

      Samsung sold tablet computers before Apple. The hardware did not get to the point to manufacture a low weight tablet overnight. If you actually cared to look at the news during the time a lot of people were working on tablets and had functional prototypes before the iPad was announced.

    34. Re:It's like Palo Alto all over again... by mwvdlee · · Score: 4, Insightful

      I notice one of them actually works, the other is a piece of plastic with a print of a newspaper stuck to it.

      The creator of which one should be rewarded? (think carefully before you answer)

      The creator of the idea should be rewarded for the idea.
      The creator of the design should be rewarded for the design.
      The creator of the functionality should be rewarded for the functionality.
      The creator of the implementation should be rewarded for the implementation.
      The creator of X should be rewarded for X.
      Any more difficult questions?

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    35. Re:It's like Palo Alto all over again... by R3d+M3rcury · · Score: 2

      I have a feeling you'll see something similar to Oracle vs. Google.

      The jury will be asked to determine whether Samsung copied Apple, assuming that the patent is valid. If the jury comes back and says, "Nope. They didn't," then the whole thing is over. We're done. If the jury comes back and says, "Yup, they did," (and, personally, I agree that they will) then the judge decides whether or not those patents are actually valid. If the judge decides that the patents aren't valid, then the whole thing is over and we're done, regardless of what the jury said. It's okay to copy things that don't have patent protection.

    36. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 3, Insightful

      No it isn't perfectly acceptable for both to be rewarded. In his video, Fielder talks about emergent technologies. Some things naturally come out of the combination of new technology. Why should anyone be able to patent the obvious? It's garbage - and society is hurt by this mindset and attitude.

      Now, real inventions, like compression algorithms, noise reduction algorithms, etc. deserve a patent (albeit a very limited life so that society is not hurt), but not garbage like "rounded corners". Anyone that tries to patent such garbage should be "bitch slapped" repeatedly until they admit they are being assholes - regardless of WHO it is (Apple/Samsung/Google/etc). Evil is evil.

      Having said that, if Fielder patented something that was significantly different and unlike anything around (ie. a new field or a completely new technology), then that would be fair game for some protection. Apple is NOT EVEN CLOSE to achieving this with its iPad, IMHO.

    37. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      Why not 23 or 42? I don't remember any of those actually appearing in court filings.

      That's because you were looking for 'rounded corners' and not actually reading what's there. I have no idea why you stopped where you did because the list just kept going. I stopped counting at twenty.

      You realllllly must have blinders on to have missed that.

    38. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 5, Insightful

      When Steve showed the iPhone in 2007 I felt the same.

      I then wondered where the fuck all the basic fundamental features every other phone I'd had for at least 6 years prior were, such as MMS support.

    39. Re:It's like Palo Alto all over again... by houghi · · Score: 2

      I am the creator of identical copies and thus should be rewarded for the identical copies.
      That means that all must be rewarded.

      --
      Don't fight for your country, if your country does not fight for you.
    40. Re:It's like Palo Alto all over again... by makomk · · Score: 4, Informative

      For the one that came after (and actually works), I see no reason why they shouldn't be rewarded for the effort on the parts that actually made it work. Patents on novel engineering regarding the guts of the device that made it a functioning tablet? No problem.

      Of course, Apple didn't actually do most of the novel hardware engineering that made the iPad possible as a functioning tablet - in that regard Samsung actually did more to make the iPad possible than Apple did. The touchscreen display and CPU chip in the iPad are both engineered and built by Samsung.

    41. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      Samsung has clearly demonstrated that the ipad is nothing new, and that Apple cannot claim to own something that they did not invent.

      But you are right. It really comes down to whether or not there are Apple zealots on the jury or not. If there are, Samsung might very well be hooped. It doesn't really matter how good their lawyers are. The decision would have been made before the trial ever began.

    42. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      I usually reply back with... "Out biggest competitor pays their developers $x per month.. Please adjust my salary by the end of the week..."

    43. Re:It's like Palo Alto all over again... by Troed · · Score: 1

      The most interesting one of all? A carefully restored and working 1985 Commodore Amiga demonstrated to the judge and jury.....

      Carefully restored? My 198x Atari ST machines (including an MFM RLL harddrive) were just unpacked from storage a few weeks ago and still work just fine.

    44. Re:It's like Palo Alto all over again... by aix+tom · · Score: 1

      Well, if ideas not important a all, only the actual product made, then Apple shouldn't sue Samsung in the first place.

    45. Re:It's like Palo Alto all over again... by indeterminator · · Score: 2

      I usually reply back with... "Out biggest competitor pays their developers $x per month.. Please adjust my salary by the end of the week..."

      And if he would give you a raise (I'm assuming you wouldn't ask your salary adjusted downwards), could you finish the features he wants in time?

    46. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      The creator of the idea should be rewarded by the company he works for. The idea itself should not be possible to patent.
      The creator of the design should be rewarded by the company he works for. The design should not be possible to patent.
      The creator of the functionality should be rewarded by the company he works for. The functionality should not be possible to patent.
      The creator of the implementation should be rewarded by the company he works for..
      The company should be rewarded by the product by getting people to buy it.

      What should be possible to protect is not the idea or functionality itself... It's the way the device solves a specific issue, not that it just solves the issue. The way it solves it should also be required to be documented in a very strict way..

      Design should also not be possible to patent, for that you have copyright.. If someone imitates you can then sue for trademark infringement...

      This is the way i would like to have the patent-system work, but quite far away from the current workings.. :P

    47. Re:It's like Palo Alto all over again... by chrb · · Score: 4, Interesting

      I notice one of them actually works, the other is a piece of plastic with a print of a newspaper stuck to it.

      Tablet Newspaper (1994). Note that the depicted design includes tablet with full-color reactive touchscreen (CRT, not LCD), it is not just "a piece of plastic with a print of a newspaper stuck to it". Also note that this case is about design patents, not functionality, and therefore the fact that Fidler didn't have a fully functional iPad in 1994 is irrelevant.

    48. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      Indeed. As long as it's been looked after, the only component in a 1985 Amiga that's likely to have failed would be the floppy drive. Oh, and the plastic will have gone that horrible yellow shade :(

    49. Re:It's like Palo Alto all over again... by TFAFalcon · · Score: 1

      Did Apple develop the technologies to turn Fidler's design into a working product? Or did they just use technologies that were developed by others, then package them into a form also designed by another persons? Yes, they should be rewarded for the work they did - the packaging itself is still a valuable service. But they should not be able to prevent OTHERS from doing the same thing.

    50. Re:It's like Palo Alto all over again... by Plumpaquatsch · · Score: 0

      Did that happen in 1994 when Fidler's demo was shown to people? Of course not. It wasn't a real product. It was stardust and dreams.

      This matters not for the purposes of establishing prior art / originality, though. You don't get to claim "well, I started selling it first" and ignore the works that preceded you on those grounds.

      Yeah, what matters is that Fidler's mock-up misses many characteristics from Apple's design patent. Too bad for Samsung really.

      --
      Of course news about a fake are Fake News.
    51. Re:It's like Palo Alto all over again... by sonamchauhan · · Score: 1

      Quick, someone pay Gene Rodenberry's estate off, and launch a StarPADD

      I'm typing this on an IPad (oh, the irony!)

    52. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      Or the ability to multitask more than 1 program.

      And no right button menus (like Commodore Amiga and Atari ST).

      While the ST's mouse had two buttons, the OS only used one. And it also couldn't multitask - and unlike the Mac it never gained the ability (unless you used a different OS).

      POINT: A patent is invalidated when a piece of working hardware predates the issuance date. Apple can not claim a patent on the rounded-corners of the iPad if a piece of hardware already existed with that concept.

      Well, good thing for Apple then that non of Fidler's designs ever worked. Or even tried to work. Not to mention that Apple never claimed to have a patent on rounded corners. Only a moron would claim that.

    53. Re:It's like Palo Alto all over again... by fast+turtle · · Score: 4, Interesting

      Samsung's Lawyers are not playing to the judge but to the Jury. That is their audiecne and if they can convince them that Apple's Design Patents shouldn't have been issued to begin with, they solve the problem not only for themselves but for every other company that Apple has sued using those design patents. Simply put, Samsung's lawyers aim to kill Apple's entire legal strategy in all of the U.S. Courts being pursued by Apple.

      By invalidating these patents entirely, they kill Apple's biggest legal threat against Samsung with the added benefit of doing the same for most of the other defendents in the States. Hell it may even benefit them in Germany, France other EU countries and such if the patents are invalidated in the States. Thus those lawyers will have definately earned their money for the case.

      --
      Mod me up/Mod me down: I wont frown as I've no crown
    54. Re:It's like Palo Alto all over again... by Cwix · · Score: 1

      Oh, and the plastic will have gone that horrible yellow shade :(

      Hydrogen peroxide and leave it in the sun for a few days.

      Don't use a high concentration and be careful it will burn. Gloves and goggles are a good idea.

      --
      You are entitled to your own opinions, not your own facts.
    55. Re:It's like Palo Alto all over again... by Anonymous Coward · · Score: 0

      Kudos to people who "make it work" but respectfully, THAT is the value added. In contrast, what Apple patented was the idea of a black rectangular computer, not the work of making it happen. The legal technicality that got it through the patent office is no excuse for obviousness. They deserve the beating they're gonna get over this.

    56. Re:It's like Palo Alto all over again... by __aaltlg1547 · · Score: 1

      It's SUFFICIENT EVIDENCE for them to rule that way.

    57. Re:It's like Palo Alto all over again... by UnknowingFool · · Score: 1

      Agreed. I had a company issued WinMo phone. Sure it could do everything that an iPhone could and more but it wasn't very easy or intuitive. When I first saw the iPhone commercials, I thought: They must have been rigged. It can't be that easy.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    58. Re:It's like Palo Alto all over again... by UnknowingFool · · Score: 1

      Only the Patent Office can invalidate a patent. The jury can however rule that the patent can be ignored in this case.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    59. Re:It's like Palo Alto all over again... by UnknowingFool · · Score: 1

      The touchscreen was made by LG and the CPU was an A4, designed by Apple and manufactured by Samsung. Various components like RAM, flash RAM, etc. were engineered and manufactured by Samsung.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    60. Re:It's like Palo Alto all over again... by Vapula · · Score: 4, Informative

      The A4 (like some samsung's processors) is comprised mostly of "IP-Cores" from various companies.

      IP Cores are electronic designs sold like the ARM processor (which is present in all the iPhone/iPad/... processors), the grephic accelerator (PowerVR, nVidia,...), the RAM block, the FLASH rom, the USB interface, the wifi system (Broadcom and other), ...

      So, no, Apple did not design the A4... they designed a VERY SMALL part of it. Some people did "decap" (cur the plastic box around the processor) both an A4 and a Samsung processor and, using microscopes, were able to identify these common parts which covered more than 90% of the chip (well, Samsung chip had some extra IPcores which were useless for a phone and are not present in the A4)

      When Apple boast about their "brand new magic A(n+1) processor", it makes me laugh... because there is nothing magic, nothing new... they just updated the CPU cores to a newer version from Acorn (which designs ARM) and the graphic cores... Some glue electronics to bind all these parts and it's done...

      And ARM cores were used in later Palm devices (first were using a 68000 variant), on iPaq (from CompaQ) and other windows mobiles PDA as well as in Embedded systems.

    61. Re:It's like Palo Alto all over again... by davydagger · · Score: 1

      I am hapilly looking up phone numbers, texts, and calling people with voice activation

      on my motorola razr v3.

      As I have been doing for years before the iphone.

    62. Re:It's like Palo Alto all over again... by davydagger · · Score: 1

      forgot to added shared libraries.

      windows had them from the start, so did UNIX, apple didn't get them until OS 8 and they sucked

    63. Re:It's like Palo Alto all over again... by davydagger · · Score: 1

      IP law rewards the company and stockholders for the design, the creator(s) usually get nothing, save mabey a small bonus.

      then they can be sold off to company Y, which will do nothing to actually promote, or make devices or technology, but just sue the piss out of unrelated creator Z which never heard of creator X because the product never really went anywhere, simply because he made the same discoveries as someone else did 5 years later.

    64. Re:It's like Palo Alto all over again... by celle · · Score: 1

      " a rectangular product shape with all four corners uniformly rounded;
                                              the front surface of the product dominated by a screen surface with black borders;
                                              as to the iPhone and iPod touch products, substantial black borders above and
      below the screen having roughly equal width and narrower black borders on either side of the
      screen having roughly equal width;
                                              as to the iPad product, substantial black borders on all sides being roughly equal in
      width;
                                              a metallic surround framing the perimeter of the top surface;
                                              a display of a grid of colorful square icons with uniformly rounded corners; and
                                              a bottom row of square icons (the âoeSpringboardâ) set off from the other icons and
      that do not change as the other pages of the user interface are viewed."

          My god!! You've just described CDE on a monitor. Ahhhhhh!!!!!

    65. Re:It's like Palo Alto all over again... by tgibbs · · Score: 0

      Don't tell me that there are still people around who buy the silly notion that Apple is suing Samsung just for producing touch pad with rounded corners? Apple is not suing Samsung for being similar in any one respect, but rather for a pattern of copying numerous design features of Apple's products.

    66. Re:It's like Palo Alto all over again... by UnknowingFool · · Score: 1

      To my knowledge only Qualcomm makes modifications to the ARM core. Everyone else: TI, nVidia, Samsung, Apple, etc. makes changes to everything around the cores. Part of it is that Qualcomm pays extra for the license (and has the expertise) to do it. Pretty much everyone in the space takes ARM cores and pairs it with their choice of GPU and voila: a new chip design.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    67. Re:It's like Palo Alto all over again... by Insanity+Defense · · Score: 2

      The early part of SCO vs Novell and SCO vs IBM was all in SCO favour too as they were allowed to get away with a great deal. As the cases progressed the Judge(s) reined them in harder and harder. The case vs Novell (Novell won), a retrial was ordered and they won again. The IBM case may never get to trial as TSG (formerly SCO) is trying to get into Chapter 7 Bankruptcy (liquidation) while still being allowed too continue the trial, which was gutted of most of their claims by the loss to Novell.

      My point if you haven't understood it is that you can "win" early in the case but decisively lose later when it matters.

    68. Re:It's like Palo Alto all over again... by TENTH+SHOW+JAM · · Score: 1

      What matters is that Fidler's mock up hits so many of the characteristics from Apple's design patent thus eliminating them from being claimed, because now they are "obvious". This leaves Apple with Losenge shaped speaker holes. (similar to an old Kenwood car speaker I had back in the day) and a shiny apple logo. (Samsung surprisingly left this feature off their product.)

      Now the jury might be affected by the "JobsRealityWarpField" (TM) But Apple have some real arguing to do to get this patent over the line.

      --
      A sig is placed here
      To display how futile
      English Haiku is
    69. Re:It's like Palo Alto all over again... by Compaqt · · Score: 1

      It's funny how people are now starting to think voice activation is an Apple invention.

      Even cheap Nokia S40 phones can recognize your voice and make phone calls, activate profiles, and do other stuff.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    70. Re:It's like Palo Alto all over again... by Plumpaquatsch · · Score: 0

      What matters is that Fidler's mock up hits so many of the characteristics from Apple's design patent

      No what matters is that it doesn't. Which anyone can tell who ahas actually seen the evidence given.

      --
      Of course news about a fake are Fake News.
    71. Re:It's like Palo Alto all over again... by hazydave · · Score: 1

      ( the irony of your CPU name and your harsh view of Jobs was also not lost on me )
      The 6502 was designed at MOS Technology by Chuck Peddle, and powered not only Commodore's own computers and the Apple ][, but a good deal of the early personal/home computers. There's no need for a 6502 fan to have any love for Jobs.

      Yet, I can't get past this prior art thing... I know it's not an objective question, but...
      Apple could win this on one question to the jury: Had you ever seen anything like the iPhone when it came out?

      That doesn't win it for them. The only basis for their lawsuit is the design patent. If real prior art is exposed here, doesn't matter if it was know to millions or just a handful, that could easily invalidate Apple's design patent. And keep in mind, it's not just Fidler's tablet being presented here... Samsung has a number of different people presenting visually similar devices.

      It is necessary for the validity of a patent to be based on something unique and not obvious. If similar enough prior art exists, it doesn't have to be identical -- Apple's stuff compared to that might be obvious tweaks to the earlier design, and thus, not patentable.

      --
      -Dave Haynie
    72. Re:It's like Palo Alto all over again... by hazydave · · Score: 1

      There's a big difference between the whole thing and the very tiny pieces of that thing Apple has seen to patent. Of course it took years of real work to deliver an iPhone or iPad... or a Galaxy S2. In fact, it took Samsung the same level of hardware design work, even having seen the iPad (and the other similar tablets) before they did.

      There is no requirement that a patent itself be the result of lots of hard work. And in fact, it's specifically precluded from being tied to commercial success... you have exactly one year from introducing your new thing in any way (previews, research papers, developers conferences, or actual shipments) in the USA to file the patents. All that's required is that your invention be an actual invention, something at the time unique. If it's too similar to other things that already exist, it's simply not that class of invention -- not patentable.

      And a patent is another thing -- very, very specific. No one's claiming the sum of the many things that lead to your iPod experience were obvious looking at Fidler's work, the very iPhone-like Japanese phone that Samsung also introduced, etc. All that's at stake here are very specific, very individual patents, such as the shape of the iPad, entirely independent of what it does when you turn it on (that's the main thing being held against Samsung).

      --
      -Dave Haynie
    73. Re:It's like Palo Alto all over again... by hazydave · · Score: 1

      Yup.

      And in fact, seeing it portrayed is often the genesis of a real world deisgn. Go back to 2002's "Minority Report", where Tom Cruise is controlling a computer with his hands, waving arms around. Five years later, Apple's released the touch-based iPhone, Google's purchased the touch-based AndroidOS and is getting that ready to launch, Microsoft's working with the touch-based Surface. In fact, Apple representatives were claiming "It'll feel like 'Minority Report'" at the launch of the iPhone. (see http://en.wikipedia.org/wiki/Technologies_in_Minority_Report).

      I wouldn't claim "Minority Report" as prior art.. if for no other reason than none of these things were good enough. But it's often some work of fiction, a presentation as a futurist conference, or some other thing that gets all sorts of engineers and designers, working independently, thinking in very much the same direction. When you factor in pre-existing UIs like the PalmOS, with it's rows of rounded-edge square icons, it's actually kind of surprising that the touch-screen phone and tablet OSs are as different from one another as they are.

      --
      -Dave Haynie
    74. Re:It's like Palo Alto all over again... by hazydave · · Score: 1

      No, actually, it's a bit different than that.

      Qualcomm actually makes their own designs -- their ARM cores (Scorpion, Krait) are really their own designs, not modifications of the ARM core of the day.

      Everyone who delivered an ARM Cortex A8, such as the one in the Apple A4 chip, that ran over about 600MHz did some work on it themselves. Whether you're Qualcomm or Samsung or one of the others, you can do this with an "Architecture" license from ARM, which lets you make changes, and presumably, requires a level of architecture conformance to be shown.

      Anyway, Samsung's processor core was called Hummingbird. That's the exact version of the A8 core used in the A4. But it's even weirder than that. Samsung worked with a design firm called Intrinsity on the development of the Hummingbird; Intrinsity was a small design firm dedicated specifically to making designs go faster, using a variety of novel approaches. At point after the work with Samsung, Apple bought Intrinsity. So Apple can, retroactively, claim to have done design work on the CPU core in the A4. But that wasn't true at the time. The A4 is essentially a customized version of the Samsung SOC used in the Galaxy S... they used a different (slightly slower) PowerVR GPU, and the various other periperals were absolutely tailored to Apple's needs. But Samsung did most of the work.

      That is not true of the more recent Apple SOCs -- by all accounts, they're being designed by Apple's chip teams, the former PA Semiconductor and Intrinsity people. And still made by Samsung, though there are continual rumors of one of the big silicon CMs, such as TSMC, being tapped at least as a second source. Given the wars Apple's launched against Samsung, that would seem prudent.

      --
      -Dave Haynie
    75. Re:It's like Palo Alto all over again... by hazydave · · Score: 1

      This isn't a hardware (utlilty) patent being discussed, either -- it's a design patent.

      --
      -Dave Haynie
    76. Re:It's like Palo Alto all over again... by hazydave · · Score: 1

      No.. well, they may have some other patents involved. But the main one -- it's just the look they're claiming, not the look and feel. That's kind of the point of a design patent in the USA, or the "Community Design" patent-like thing they filed in Germany. I haven't seen the US design patent; the one from Germany doesn't look much like either the iPad or the Galaxy Tab.

      --
      -Dave Haynie
    77. Re:It's like Palo Alto all over again... by Shagg · · Score: 1

      If those "numerous" design patents can't each stand on their own, then they should be invalidated. The "rectangle with rounded corners" just happens to be the most ridiculous one, so it's often used as the example.

      --
      Unix is user friendly, it's just selective about who its friends are.
    78. Re:It's like Palo Alto all over again... by yakovlev · · Score: 1

      Based on a reading of the design parts of the Apple complaint, here is my take:

      1.) A significant part of this most definitely IS about rounded corners, but it isn't only about rounded corners.
      2.) I am unconvinced by most of the hardware arguments.
      3.) The various software arguments are far more damning.
      4.) The "Springboard" is by far the most interesting software item, but I wonder about prior art. I've seen similar behavior in, for instance, CDE virtual desktops.
      5.) Some of the icons do look a bit slavishly copied, especially in the colors. Others, I think Apple is fishing. If I were Samsung, I think I would have been more careful in my choices.
      6.) I also find the packaging arguments to be damning, though I would not award a significant amount of damages based on it. I think there is real "design innovation" (blech!) there.

  2. Trial testimony is over by Anonymous Coward · · Score: 0

    This is almost old news. The trial testimony is over and both sides (Apple/Samsung) are too each commence a 2 hour closing argument statement on Tuesday.

  3. Can we just agree by Dyinobal · · Score: 4, Insightful

    Can we just agree that neither company were all that original and that the progression to today's design was a natural and obvious path given the technology that became possible?

    Or are we going to start calling in the Science fiction writers next? Because what ever Samsung or Apple might of designed an SF writer likely wrote about it first.

    1. Re:Can we just agree by Anonymous Coward · · Score: 1

      Obviously not. The only thing that has changed is nowdays, n
      obody cares.

    2. Re:Can we just agree by jbolden · · Score: 0

      natural and obvious path given the technology that became possible?

      I'll agree partially. The path we choose was one natural and obvious path. I'm not sure it was the only one. N9 / MeeGo proves there was an alternative path. As IMHO do devices like Samsung's own F700 prove the path they were on with a focus on PIM type functionality rather than web type functionality.

    3. Re:Can we just agree by cpu6502 · · Score: 3, Interesting

      >>>Or are we going to start calling in the Science fiction writers next?

      We could just show a still image from TNG with Wesley holding his school PAD. Not only does it have a similar anme to iPad, but it's also rectangle with rounded corners : http://www.newfangled.com/stuff/contentmgr/files/2/516f36353ced7a44696bdaaffbc0f7f0/misc/star_trek_padd_3.jpg

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    4. Re:Can we just agree by Anonymous Coward · · Score: 0

      How is something that looks nothing like an iPad, evidence of anything?

    5. Re:Can we just agree by shutdown+-p+now · · Score: 4, Insightful

      It's evidence that the notion of a flat tablet-like device with a screen flush fit with the bezel, rounded corners, and a touchscreen, is self-evident due to form following function.

    6. Re:Can we just agree by Anonymous Coward · · Score: 0

      It looks just like it. :)

    7. Re:Can we just agree by Anonymous Coward · · Score: 1

      Star Fleet Technical Manual, early 1980s.
      Detailed technical drawings of everything you ever saw on the show as well as a whole lot that you didn't, quite a compilation of sci-fi geekery.
      There's a tablet in there.
      Believe there was a stylus also.
      William Shatner could testify like nobody else ;)

    8. Re:Can we just agree by cheesybagel · · Score: 1

      As screen resolution and bandwidth increased the web functionality would become more pervasive. Windows Mobile phones already existed and had browsers. Even so called dumb phones usually had WAP browsers.

    9. Re:Can we just agree by Anonymous Coward · · Score: 0

      >>>Or are we going to start calling in the Science fiction writers next?

      We could just show a still image from TNG with Wesley holding his school PAD. Not only does it have a similar anme to iPad, but it's also rectangle with rounded corners : http://www.newfangled.com/stuff/contentmgr/files/2/516f36353ced7a44696bdaaffbc0f7f0/misc/star_trek_padd_3.jpg

      Sorry to be pedantic, but the PAD picture is actually from a DS9 episode, it has Chief O'Briens scribblings on it from when an afasia-virus has just struck him.

    10. Re:Can we just agree by Anonymous Coward · · Score: 0

      Your 'evidence' proves that it's a trivial matter to make a tablet with its own distinct look. It actually hurts Samsung's case!

      The dumbshits with mod-points to blow can't seriously claim that looks just like an iPad.

    11. Re:Can we just agree by shutdown+-p+now · · Score: 2

      Galaxy Tab doesn't look "just like an iPad", either. But Apple claims that it looks similar enough - and having seen it, I would be inclined to agree. This prototype, similarly, does not of course look "just like an iPad", but it seems to have all design elements in it on which Apple has previously claimed design patents.

      We'll see how this goes in court now. Given that Apple resisted introducing this evidence to court as hard as they could, it seems they're worried. Time to fetch the popcorn.

    12. Re:Can we just agree by Anonymous Coward · · Score: 0

      Yes, it does. It looks almost exactly like an iPad ESPECIALLY when sitting next to a PADD from Star Trek.

      That photo clearly summarizes the conflict of this case. It doesn't show. at all, the absurdity of one bit of it. Well.. I take that back, it does show that it's easy enough to make a tablet that nobody would mistake for an iPad. I mean, if an Illustrator can do it in under a week....

    13. Re:Can we just agree by houghi · · Score: 2

      A black 1:4:9 black rectangle is not the same as a white one with rounded corners. Sorry.

      --
      Don't fight for your country, if your country does not fight for you.
    14. Re:Can we just agree by StripedCow · · Score: 1

      What Apple did was merely to see a business opportunity. They did not invent any enabling technology. They just figured: hey, if people can use a small form-factor computer without a keyboard, that would be useful. Then they hyped that idea.

      I do not think patents should be rewarded for these business opportunities. It obstructs the free market. Patents should, at most, be rewarded for the underlying hard science.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    15. Re:Can we just agree by Anonymous Coward · · Score: 0

      You and I can agree, but their lawyers are not paid to agree.

    16. Re:Can we just agree by Anonymous Coward · · Score: 0

      Sony Ericsson P800 - full web, full touch, apps and app stores - 2002

      http://www.flickr.com/photos/andyrkett/4368260369/

      Disclaimer: I worked on the software, Symbian Quartz/UIQ, between 1999 and 2001.

    17. Re:Can we just agree by Anonymous Coward · · Score: 0

      Given that Apple resisted introducing this evidence to court as hard as they could, it seems they're worried.

      Lawyers resist introduction of evidence by the opposing side like a two-year old resists anything suggested by their parents - automatically and often with little regard for whether they really care about it.

    18. Re:Can we just agree by cheekyboy · · Score: 1

      Color is irrelevant , you cant patent black or white.

      All corners are round, at the atom level.

      Besides walk into a tv retailer, 99% of tvs look identical, 100% black, 100% same shape.

      Just border sizes are diff.

      --
      Liberty freedom are no1, not dicks in suits.
    19. Re:Can we just agree by jbolden · · Score: 2

      Certainly. But as resolution increased so did CPU.. Things like voice dictation which are just emerging now could have been the focus. Things like Evernote but more advanced instead of being side features could have been principle systems. Its not clear to me that it was obvious that people wanted to use the browser on their phone rather than organize their life. Think about the information / channel apps on iPhone imagine if this break out a year or two before the browser rather than a year or two after.

    20. Re:Can we just agree by jbolden · · Score: 1

      Patents weren't awarded for that. They were awarded for things that like over-scroll bounce or swipe to unlock. Those are the things this suit is about.

    21. Re:Can we just agree by jbolden · · Score: 1

      Right but the Ericsson was not a huge success it didn't change the direction of phones. It certainly sounds like an interesting predecessor. But the point was that at 2006 the ideas that most companies had were not not, "lets continue to advance on the P800's design". If it had been then a web based system would have been inevitable.

    22. Re:Can we just agree by Anonymous Coward · · Score: 0

      can we just agree that neither company was all that original but that Samsung was the only one that made a legitimate, concentrated effort to be confused with an Apple device, in order to capitalize on Apple's investment in advertising the iPhone and iPad brand and getting customer recognition of it high? I have never in my life mistaked one brand for another except for a samsung that I recognized as an iPad.

    23. Re:Can we just agree by Anonymous Coward · · Score: 0

      They used these tablets all the time in Star Trek The Next Gen.

    24. Re:Can we just agree by Xeranar · · Score: 1

      MeeGo proved nothing, blackberry OS is a better argument due to the nature of North American adoption driving world markets over the last 50 years. I would even argue the sidekick OS "Danger" was viable but the iOS took it to an already primed pump and took the revolutionary step. Android democratiized it. Going back more than about 5-8 years muddies the vision of where we were clearly going. It's like referring back to the earliest mobile computer as a laptop, it's mobile but nobody could use it in their lap or really want to.

    25. Re:Can we just agree by hairyfeet · · Score: 1

      Hell why call the writers, ST:TNG was from 87-94 and the current tablets look a hell of a lot like the standard PADD minus the LCARS UI.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    26. Re:Can we just agree by jbolden · · Score: 1

      The problem with BlackberryOS is that it lost to iPhone so a case can be made it was more primitive and the evolution from BBOS to iOS was inevitable. I don't agree, I think it had a lot more to do with BlackBerry's failure to help create value adds for their corporate customer base; but that is a reasonable case to be made.

      As for where we were going. Remember the first 6 years just take us back to 2006 when the iPhone was being designed. Were their other paths before iPhone 1 is the argument.

      As far as MeeGo proving nothing. I don't follow. The phone and the UI are excellent. It just didn't make it out in time.

    27. Re:Can we just agree by MobileTatsu-NJG · · Score: 0

      We could just show a still image from TNG with Wesley holding his school PAD. Not only does it have a similar anme to iPad, but it's also rectangle with rounded corners : http://www.newfangled.com/stuff/contentmgr/files/2/516f36353ced7a44696bdaaffbc0f7f0/misc/star_trek_padd_3.jpg [newfangled.com]

      When I hold my Tab next to my iPad, I see two devices that look as though they could be from the same product line. It's like I'm holding the 'iPad Widescreen" Even the bevelling around the edges is the same. I don't think you could count 20+ vague similarities on the PADD to the iPad, let alone get the dimensions on each of those details like what happened with Samsung.

      We're talking about design patents, here. This image doesn't do anything at all. The PADD doesn't even have a centered screen!

      Seriously, why is this considered 'off-topic'?

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    28. Re:Can we just agree by Theaetetus · · Score: 1

      >>>Or are we going to start calling in the Science fiction writers next?

      We could just show a still image from TNG with Wesley holding his school PAD. Not only does it have a similar anme to iPad, but it's also rectangle with rounded corners : http://www.newfangled.com/stuff/contentmgr/files/2/516f36353ced7a44696bdaaffbc0f7f0/misc/star_trek_padd_3.jpg

      Would you confuse Wesley's PAD with an iPad? Like, if they were sitting on two tables in a room, you wouldn't know which one is which and would have to do a detailed examination?

    29. Re:Can we just agree by Anonymous Coward · · Score: 0

      >>>Or are we going to start calling in the Science fiction writers next?

      We could just show a still image from TNG with Wesley holding his school PAD. Not only does it have a similar anme to iPad, but it's also rectangle with rounded corners : http://www.newfangled.com/stuff/contentmgr/files/2/516f36353ced7a44696bdaaffbc0f7f0/misc/star_trek_padd_3.jpg

      Look - go back further - before the moon landing ... watch the film 2001 the iPad like device is there ... playing a video news feed from the BBC.

      Next!

    30. Re:Can we just agree by celle · · Score: 1

      "Right but the Ericsson was not a huge success it didn't change the direction of phones."

          Irrelevant!! The Ericsson is just proof Apple wasn't first with anything for the iphone and its support structure.

    31. Re:Can we just agree by Anonymous Coward · · Score: 0

      -1? Why?

      Because Fandroids hate facts. Especially when they are paid.

    32. Re:Can we just agree by jbolden · · Score: 1

      He's arguing natural and obvious not first. That's a different argument.

      First he had already conceded with things like slide to unlock.

    33. Re:Can we just agree by Anonymous Coward · · Score: 0

      So Samsung is in the clear then according to you? They don't make a white one.

    34. Re:Can we just agree by Raenex · · Score: 1

      Seriously, why is this considered 'off-topic'?

      Slashdot groupthink in effect. The site has never managed to get moderator abuse of this fashion under control.

    35. Re:Can we just agree by Anonymous Coward · · Score: 0

      Agreed.
      I don't know why on earth anyone would let "evidence and fact" get in the way of truth anyway.

      Samsung took some inspiration from Apple and many others and brought some new things into play as well. Both Apple and Samsung are on par on this one, but it's a shame Apple insists on this course.

      Let's take a look at Apple patent claims: pinch'n'zoom (Patent #7,812,826, from Dec. 2006), one could claim prior art and normal evolution from the 2002 movie Minority Report for example (the computer interface, has pinch'n'zoom and everything else, but with both hands instead of two fingers, and well, not a portable device, hence expected evolution). The design, normal evolution of a rectangular device and that now seems more and more obvious that Apple wasn't the only one who thought about it (and wasn't even the first).

      But then again, they are just trying to cash in as much as possible and to thwart competition.
      So yeah, we can agree that "innovation", on both parts, has nothing to do with it, and also that evidence and facts play little on this charade.

    36. Re:Can we just agree by AmiMoJo · · Score: 1

      Apple didn't invent most of that stuff though, did they? Google pioneered voice control and Apple just bought Siri. All those useful apps were written by 3rd parties, as are all the useful web sites that make having a browser worth while. Besides which lots of phones and devices had browsers before the iPhone. Remember Nokia and their "it's a computer, not a phone" thing?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    37. Re:Can we just agree by Anonymous Coward · · Score: 0

      "Can we just agree that neither company were all that original and that the progression to today's design was a natural and obvious path given the technology that became possible?"

      The whole battle is about enstablishing who invented the most (of what comprises today's cellphones/tablets etc). Owning as many pieces of the stack if you wish. Then cross-license deals will be negotiated. But with soft patents allowing the slide to unlock to be considered inventions, it's going to be a long battle. And open hardware manufacturers will be patent-sued to oblivion. There is no nice way to say this.

    38. Re:Can we just agree by jbolden · · Score: 1

      Apple didn't invent most of that stuff though, did they?

      No they are suing for things they did invent like slide to unlock or bounce on over swipe for browsing. The original claim above was those things were inevitable because smartphones couldn't have possibly evolved any other way. I'm disagreeing by saying that even the very core ideas of browser based were not inevitable.

      Google pioneered voice control and Apple just bought Siri.

      I don't know what voice control does Google provide? In any case Siri so far is not in the lawsuit.

      . Remember Nokia and their "it's a computer, not a phone" thing?

      No I'm American until recently they don't advertise here :) But the N900 OS wise is very different. Pointing to the N900 undercuts the case the iPhone's UI was inevitable.

    39. Re:Can we just agree by Anonymous Coward · · Score: 0

      On that point, if the rest of the world worked like Apple, every car company could sue every other one, because the other cars have four wheels and a curved windshield.

  4. We are blessed by Taco+Cowboy · · Score: 5, Insightful

    We are blessed that back in the 1970's, 1980's and in early 1990's there were many inventors decided to share their incredible inventions with the world, and they also decided against patenting their inventions

    That is why we got what we got today - from hypertext to web2, web3

    If the inventors of yesteryears were as greedy as Apple - We are sure going to miss out on the many things that we are enjoying today

    Hooray to the generous inventors !!

    Pox to those greedy patent trolls !!!
     

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:We are blessed by interkin3tic · · Score: 1

      I've heard it mentioned here before that touchscreens were really held back from blossoming in the 80s and 90s due to patents. In any event, people don't change, nor do corporations. There were corporations that were just as greedy as apple is now. I'd guess, again based on what I hear here on slashdot, that it's because the patent office got lazier, not because corporations used to be more selfless.

    2. Re:We are blessed by cpu6502 · · Score: 5, Informative

      >>>If the inventors of yesteryears were as greedy as Apple -

      Ahahahahahahahaaaha. Let's see. Bill Gates complained in a newsletter circa 1980 about people copying software and ideas without permission. Apple sued Microsoft in the mid-80s for making an OS too similar to their own (which led MS plus other makers like Atari and Commodore to deliberately change their OSes appearance). Activision was sued by Atari in 1980 for making cartridges without permission. Nintendo was sued in the late 80s for not sharing their cartridge patents with Atari & other 3rd-party vendors. NCSA Mosaic sued Netscape for copying their browser concepts in the early 90s.

      Yeah. Sure. "Open and willing to share". Not.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:We are blessed by cpu6502 · · Score: 4, Interesting

      I used touchscreens in both decades, and they were held back because they sucked. You had to press hard to get your input to register. (Also people weren't sure what input would be best... touchscreen, mouse, touchpad, or lightpen.) Just as none of the home computers of the day could play DVD-quality video prior to 1995, neither could they do multitouch. The technology simply wasn't there.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    4. Re:We are blessed by fustakrakich · · Score: 5, Insightful

      If the inventors of yesteryears were as greedy as Apple...

      Please pick up the white courtesy phone. Thomas Edison and some guy named... Westinghouse? and a couple of folks from RCA and GE would like a word.

      I said, pick up the white phone...

      --
      “He’s not deformed, he’s just drunk!”
    5. Re:We are blessed by tsotha · · Score: 1

      You know British Telecom tried to patent hypertext, right?

    6. Re:We are blessed by Sun · · Score: 4, Informative

      Ahahahahahahahaaaha. Let's see. Bill Gates complained in a newsletter circa 1980 about people copying software and ideas without permission.

      I have no recollection of the "ideas" part of your statement. Care to cite your references?

      Apple sued Microsoft in the mid-80s for making an OS too similar to their own (which led MS plus other makers like Atari and Commodore to deliberately change their OSes appearance).

      No. Apple sued Microsoft for developing an operating system based on information they received under NDA. Microsoft did, in fact, stab Apple in the back on that occasion. The only reason Apple lost is because the key innovation wasn't theirs to begin with (i.e. - taken from Xerox).

      Yeah. Sure. "Open and willing to share". Not.

      Okay, I'll grant you this. GP's statement was going too far. Still, things that back then were considered fair game are today causes for multi-billion dollars suites. IBM did not sue Compaq when they created a clean room re-implementation of their BIOS, despite the huge economical impact it had on IBM's market. Amiga, and later Commodor, never had to ask anyone for permission before creating an OS with windows, icons and menus, and suffered no consequences for it.

      Heck, the Amiga even had an "emulator" for the Mac. It would do some Amigaish tricks with the hardware to cause it to be a Mac, and then had a special hardware solely so there'd be a place to put your (presumably legally obtained) Mac BIOS ROMs. In fact, the hacked version did not require that hardware at all, as people who don't care about A-Max's copyrights don't care about Apple's either. The result was a 7.2Mhz Amiga emulating an 8Mhz Mac at 120% speed. Nobody sued anyone, as far as I know.

      Contrast the story above with Apple's treatment of Pystar and see whether things have changed or not.

      Shachar

    7. Re:We are blessed by Tastecicles · · Score: 5, Informative

      Citation: Patent 4,873,662, Informaton for display at a terminal apparatus of a computer is stored in blocks the first part of which contains the information which is actually displayed at the terminal and the second part of which contains information relating to the display and which may be used to influence the display at the time or in response to a keyboard entry signal. For example, the second part of the block could include information for providing the complete address of an another block which would be selected by the operation of a selected key of the keyboard. The second part of the block could alternatively influence the format and/or color of the display at the terminal. When a block is read from the store of the computer the second part is retained in another store which may be located in the terminal or in the computer itself or perhaps both. The invention is particularly useful in reducing the complexity of the operating protocol of the computer.

      This was the basis for their 2000 claim on the patent (filed 1976, granted at the USPTO 1989) which they subsequently lost. IBM and Lockheed-Martin also tried to lay claim on hyperlinks, which they both also lost.

      --
      Operation Guillotine is in effect.
    8. Re:We are blessed by cheesybagel · · Score: 1

      Steve Jobs wasn't at Apple back then.

    9. Re:We are blessed by myowntrueself · · Score: 4, Funny

      If the inventors of yesteryears were as greedy as Apple...

      Please pick up the white courtesy phone. Thomas Edison and some guy named... Westinghouse? and a couple of folks from RCA and GE would like a word.

      I said, pick up the white phone...

      We got someone called Tesla on the other line...

      --
      In the free world the media isn't government run; the government is media run.
    10. Re:We are blessed by Anonymous Coward · · Score: 2, Interesting

      The big difference is that those patents where not granted then, but would be just rubber stamped today.

      Today you can patent even the most trivial software "invention", and use it as a weapon to destroy any form of progress unless you are payed ridiculous amounts of money. I effect you take progress as hostage and demand ransom money.

      The big difference is a few years ago it was about inventions and development (in short - competition on quality), but today the only thing that counts is greed and lawsuits...

    11. Re:We are blessed by StripedCow · · Score: 3, Interesting

      Touchscreens still suck. There is no tactile feedback, and my fingers are too big for the virtual keyboards on smartphones.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    12. Re:We are blessed by narcc · · Score: 5, Insightful

      I know that Tesla worship is all the rage, but does he need mentioned every time someone brings up Edison? Hell, bringing him up here only implies that he was a "greedy entrepreneur" -- probably not the message you wanted to send!

      I agree that Tesla isn't given the historical credit he deserves. Still, we can't go on about Tesla as if he was the genius of geniuses who did nothing but amazing work.

      The truth is that most of Tesla's inventions were squarely in crack-pot territory. From his earthquake machine to his camera for photographing thoughts, Tesla was the 19th century equivalent of the peswiki.com community all wrapped up in one crazy package.

      Let's find a little balance here.

    13. Re:We are blessed by Anonymous Coward · · Score: 0

      Sounds like a hard/stylus touch resistive screen. In theory such a screen can provide about as much accuracy as a mouse.

    14. Re:We are blessed by Plumpaquatsch · · Score: 0

      We are blessed that back in the 1970's, 1980's and in early 1990's there were many inventors decided to share their incredible inventions with the world, and they also decided against patenting their inventions

      The only reason Fidler didn't patent his "invention" is because he had nothing to patent. And his only claim to fame is that one of his mock-ups had rounded corners just like the iPad, but non of the other design elements from Apple's design patents. But the crown of his hubris is claiming alan Kay stole his idea for the tablet from this mock-up.

      --
      Of course news about a fake are Fake News.
    15. Re:We are blessed by Sique · · Score: 1

      I do think Tesla is given the historical credit he deserves. Moreso, about everyone in the U.S. you ask will probably say that Nicola Tesla is not given the historical credit he deserves. How can there be more credit as when everyone believes that Nicola Tesla doesn't get enough of it? ;)

      --
      .sig: Sique *sigh*
    16. Re:We are blessed by Sique · · Score: 1

      How is that any different than Apple in this case (except that Apple did patent where nothing was to patent)?

      --
      .sig: Sique *sigh*
    17. Re:We are blessed by Plumpaquatsch · · Score: 0

      Apple sued Microsoft in the mid-80s for making an OS too similar to their own (which led MS plus other makers like Atari and Commodore to deliberately change their OSes appearance).

      No. Apple sued Microsoft for developing an operating system based on information they received under NDA. Microsoft did, in fact, stab Apple in the back on that occasion. The only reason Apple lost is because the key innovation wasn't theirs to begin with (i.e. - taken from Xerox).

      Wrong. They lost because the judge decided the license to uses the copied elements in their programs for the Mac wasn't strict enough, and thus also gave them the right to use them in their own GUI. It had nothing to do with Xerox.

      Contrast the story above with Apple's treatment of Pystar and see whether things have changed or not.

      Shachar

      Hilarious that you defend a "company" that had to violate the GPL to violate Apple's license.

      --
      Of course news about a fake are Fake News.
    18. Re:We are blessed by cryptolemur · · Score: 1, Insightful

      Hear, hear!
      Touchscreens are great for ereaders, ok for angry birdish stuff but make pretty much everything else a PITA. On the other hand, after a generation of users forced into the captivity of "mouse only" interface, I believe there will be a CLI revival for the next generation...

    19. Re:We are blessed by Xeranar · · Score: 1

      To be completely fair Westinghouse, Edison, GE, RCA, and others from that era sued the hell out of their copiers. But that's because they built identically functioning devices. This fight is about appearance & confusion since both use off-the-shelf components. The difference is in the OS and they know it. Instead apple is hell bent on keeping the premium market to themselves for at least another few years.

    20. Re:We are blessed by marcosdumay · · Score: 1

      If the inventors of yesteryears were as greedy as Apple - We are sure going to miss out on the many things that we are enjoying today

      There mostly were. The great things we have now are here because either the patents expired or a odd inventor decided against patenting it, and overtook the entire market (composed of hundreds of inventors and dozens of corporations) because of that.

    21. Re:We are blessed by Anonymous Coward · · Score: 5, Insightful

      > Touchscreens are great for ereaders, ok for angry birdish stuff but make pretty much everything else a PITA.

      Not great for ereaders. You get fingerprints on what you are trying to read. Lots of people prefer physical buttons.

      What is so difficult about physical buttons?

    22. Re:We are blessed by davydagger · · Score: 0

      "I know that Tesla worship is all the rage, but does he need mentioned every time someone brings up Edison?"

      yes he does. He really does.

      "The truth is that most of Tesla's inventions were squarely in crack-pot territory. From his earthquake machine to his camera for photographing thoughts, Tesla was the 19th century equivalent of the peswiki.com community all wrapped up in one crazy package."

      earthquake machine is very real. Its also very simple. it was demonstrated on mythbusters actually. Its nothing more than demonstrating that theories of sinewaves on electromagnetic medium, also apply to vibrations on phsyical medium.
      the earthquake machine is nothing more than sine wave amplification on resonating frequency to building material. in the 19th century this could crack buildings. It won't work on modern buildings designed to add mechanical resistance, and absorp the energy.

      your also forgetting crackpot inventions like:

      Alternating Current, to include the AC motor
      florescent lighting
      microwave heating
      Tesla's turbine
      his work on radio frequency communications
      https://en.wikipedia.org/wiki/List_of_Nikola_Tesla_patents

      yes, he had a few crazy ideas, but the solid ideas he has have laid the groundwork for modern soceity. He also didn't hold back advancement.

      Or mabey you might want to discredit the vast tomes of work Sir Issaic Newton did on optics and balistics simply because he devoted 30 years of his life to alchemy?

    23. Re:We are blessed by Anonymous Coward · · Score: 0

      " Bill Gates complained in a newsletter circa 1980 about people copying software and ideas without permission."

      Bill also was published around then providing source code for a version of tiny BASIC. He didn't go downhill immediately,
      it took removing of tools like BASIC from the masses and charging for every little thing to make MS patently evil.
      Now attacking the same folks that DO give tools away (Google) makes them doubly evil.

    24. Re:We are blessed by tgibbs · · Score: 0

      And the consequence if that patent had been granted? Web browsers would likely have been dominated by one manufacturer in the early years But they were anyway--Internet Explorer.
      Or perhaps the patent holder would have agreed to license the patent, and everybody who produced a web browser would have had to pay a few bucks to that patent holder for a licensing fee, perhaps adding 5 bucks or so to the price of a computer.

      And as of about 1996, when the patent expired, there would have been an explosion of web browsers from other developers. Which is pretty close to what happened anyway.

      Gosh, patents are really awful.

    25. Re:We are blessed by Anonymous Coward · · Score: 0

      Tesla didn't invent alternating current. It existed before he was born.

    26. Re:We are blessed by Plumpaquatsch · · Score: 0

      How is that any different than Apple in this case (except that Apple did patent where nothing was to patent)?

      The difference is mostly that you are wrong.

      --
      Of course news about a fake are Fake News.
    27. Re:We are blessed by narcc · · Score: 1

      New to this reading thing, yeah?

      I agree that Tesla isn't given the historical credit he deserves.

    28. Re:We are blessed by TENTH+SHOW+JAM · · Score: 1

      Correct. But he did a lot of good work in the field, making it practicable.

      --
      A sig is placed here
      To display how futile
      English Haiku is
    29. Re:We are blessed by Raenex · · Score: 1

      And as of about 1996, when the patent expired

      It was issued in 1989, and under current patent rules would have expired 17 years later in 2006.

      Gosh, patents are really awful.

      Yes, they are, unless you think the current spate of patent trolls suing businesses for "on the Internet" patents, or similar vile stuff isn't a bad thing.

    30. Re:We are blessed by tgibbs · · Score: 0

      Yes, they are, unless you think the current spate of patent trolls suing businesses for "on the Internet" patents, or similar vile stuff isn't a bad thing.

      Frankly, I think it is a pretty insignificant thing. For the most part, it is a transient problem dating from the early days of computing and the internet, when people were still figuring out how to do things (the sort of things that now seem "obvious" in hindsight, although many of them probably weren't so obvious at the time). But most of the really fundamental or genuinely obvious ones have expired, or will do so in the near future. The nonpracticing entities ("patent trolls") don't really stop any products from reaching the public, because the trolls are not looking to block progress, and most of them don't want the expense of an actual trial, they just want a payout. So at worst, they add a buck or two to the price of a product. Big. deal. Compared to the value of providing a financial incentive for companies to innovate, that seems a very, very minor expense.

    31. Re:We are blessed by Raenex · · Score: 1

      For the most part, it is a transient problem dating from the early days of computing and the internet, when people were still figuring out how to do things

      There's always a new frontier, and a 20 year monopoly in the latest patent gold-rush is a ridiculous restriction.

      So at worst, they add a buck or two to the price of a product.

      Most open source products can't afford a "buck or two", and it completely invalidates their license.

      Big. deal.

      If it was your business being threatened by rent-seeking leeches, you would think it was.

      Compared to the value of providing a financial incentive for companies to innovate, that seems a very, very minor expense.

      Funny, in the early days of computing there were no patents on software, and yet innovation happened anyways.

    32. Re:We are blessed by hazydave · · Score: 1

      That's correct -- Commodore was never sued by Apple for anything AmigaOS related. We did it all differently (not "different") enough. Apple had a few UI patents, but the basis for most of their lawsuits was the notion of a visual copyright. If you didn't look enough like MacOS, they couldn't sue. But Microsoft WAS a special case, due to the code sharing agreement.

      In the case of the Mac emulators, it was very small potatoes... it's not as if Commodore were selling a MacOS solution. But it was kind of cool to see an A3000 running MacOS, and watch the disc performance benchmark go past all existing Macs, then off the screen.

      IBM did sue Commodore over the Amiga. In those days, IBM was really concerned about being sued themselves, so they tried to get cross licenses with everyone in the PC industry. And of course, given the patents they had on the IBM PC, getting a license from a cloner was a no-brainer.... they charged the same for three patents as 3,000. They threw about 30 patents over the wall to Commodore, most of which either didn't apply (being very IBM PC specific -- they were kind of just guessing how various parts of the Amigas worked) or were obviously bad patents. One example of the latter: they claimed to have patented cut and paste between text buffers, in 1984. They demonstrated our infringement of this by showing MicroEmacs cut and paste between text buffers. I had to point out to the lawyers that the exact same key sequence would have worked on TECO Emacs, back in the 70s.

      The thing about IBM, though... after you go through that first stack of 30, they can hit you with another, and another, and another. Early at IBM, patents were done like you might expect -- some engineer thinks they have something cool, they get the lawyers involved, and maybe a patent comes out of it. But in the early 80s, they had what amounted to a Patent Factory. Everything they did went to this huge office in Boca Raton, FL, where the lawyers had become experts at patenting anything that COULD be patented. They worked the system, knowing that the PTO had no software engineers (but were granting software patents), knowing that the PTO didn't do prior art searches outside of the pool of existing patents, etc.

      --
      -Dave Haynie
    33. Re:We are blessed by tgibbs · · Score: 0

      There's always a new frontier, and a 20 year monopoly in the latest patent gold-rush is a ridiculous restriction.

      And don't the people who create the new frontier deserve some sort of reward for opening it up? 20 years is a pretty short time in the scheme of things. Very often, patents are close to expiration by the time they come into common use. For example, the patent on the computer mouse had already expired before it became a major feature of computer operating systems. And most of the time, there are workarounds that are nearly as good--or better. So patents prevent everybody from being "locked into" a single way of doing things without fully exploring alternatives.

      Most open source products can't afford a "buck or two", and it completely invalidates their license.

      If an open-source product is really all that valuable, users will be willing to pay a few bucks for a license. And there is no reason why open-source projects--if they truly innovate and do not merely piggyback on the advances of others--cannot develop their own patent and copyright portfolios to trade.

      Funny, in the early days of computing there were no patents on software, and yet innovation happened anyways.

      But there are plenty of examples in which the true innovators never managed to profit appreciably from their inventions. I suspect that spreadsheet programs would be much better today if Bricklin and Frankson had received royalties enabling them to pursue further development. They were also early innovators in GUI development, but they were pushed out of the market by imitators.

    34. Re:We are blessed by myowntrueself · · Score: 1

      Correct. But he did a lot of good work in the field, making it practicable.

      Whereas Edison tried to get AC power banned.

      --
      In the free world the media isn't government run; the government is media run.
    35. Re:We are blessed by Raenex · · Score: 1

      And don't the people who create the new frontier deserve some sort of reward for opening it up?

      There are already plenty of rewards in place, whether it's people earning a salary, government grants, or first-mover advantage. Lots of people got rich in the early days of software without patents.

      20 years is a pretty short time in the scheme of things.

      It's an incredibly long time in the scheme of things. It's about 1/4 of the average person's lifetime. In technology terms, it's an an era.

      For example, the patent on the computer mouse had already expired before it became a major feature of computer operating systems.

      That's a failure of the people who had the technology. It took somebody like Steve Jobs to actually make it useful to the world at large.

      And most of the time, there are workarounds that are nearly as good--or better.

      Most patents these days lay claim to the most obvious solution in a general fashion, hence the gold-rush mentality.

      If an open-source product is really all that valuable, users will be willing to pay a few bucks for a license.

      If you have to pay for a license, it isn't open source, by definition.

      And there is no reason why open-source projects--if they truly innovate and do not merely piggyback on the advances of others--cannot develop their own patent and copyright portfolios to trade.

      And back in the real world, where everything and anything is patented for "on the Internet" or "social widget", it isn't so simple.

      I suspect that spreadsheet programs would be much better today if Bricklin and Frankson had received royalties enabling them to pursue further development.

      He had a company with several people, the first-mover advantage I was talking about. I don't know his personal financials, and he obviously wasn't Bill Gates rich, but I'm willing to bet he made a nice chunk of change that gave him financial independence. Spreadsheets developed just fine as it is, surely moreso than if just one company owned the patents.

      They were also early innovators in GUI development, but they were pushed out of the market by imitators.

      Boo hoo. The world moves on and is a better place without every software innovation, major or minor, being locked up in a red tape monopoly for 20 years.

    36. Re:We are blessed by uninformedLuddite · · Score: 1

      Gosh, patents are really awful.

      The most awful part of it all is the way they are written. It just makes me want to frag lawyers.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    37. Re:We are blessed by uninformedLuddite · · Score: 1

      I don't think that many advocates and or authors of open source want to spend their time trading portfolios. You're an MBA right?

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    38. Re:We are blessed by lsatenstein · · Score: 1

      We are blessed that back in the 1970's, 1980's and in early 1990's there were many inventors decided to share their incredible inventions with the world, and they also decided against patenting their inventions

      That is why we got what we got today - from hypertext to web2, web3

      If the inventors of yesteryears were as greedy as Apple - We are sure going to miss out on the many things that we are enjoying today

      Hooray to the generous inventors !!

      Pox to those greedy patent trolls !!!

      Yes, it's a true assumption. It is also the reason we are able to communicate on /.

      --
      Leslie Satenstein Montreal Quebec Canada
    39. Re:We are blessed by nobodie · · Score: 1

      i have an old-school eInk ereader with only buttons, no wifi, no DRM. the only way to go IMO

      --
      Subversion of spatial scale luxury decoration ideas.
  5. When a judge is forced to... by Anonymous Coward · · Score: 3, Insightful

    When a judge, who has shown their bias already, feels compelled to go against their own bias, then Samsung must have a pretty strong case.

  6. This old prototype by fustakrakich · · Score: 1, Offtopic

    It didn't happen to look like a Newton, did it?

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:This old prototype by Eyeball97 · · Score: 2, Interesting

      Are you perhaps referring to the Apple PDA (August '93) that they shamelessly copied from the Casio/Tandy Zoomer (June '92)

    2. Re:This old prototype by drinkypoo · · Score: 1

      Are you perhaps referring to the Apple PDA (August '93) that they shamelessly copied from the Casio/Tandy Zoomer (June '92)

      Which is basically a shrunken version of the GRiDPad 1910 (1989) running PC-GEOS (1990).

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  7. Technology 1 : Patent Troll {Apple} 0 by mikematic · · Score: 0

    A great news to the technology world. Next step is shaking up the patent office and getting rid of the clowns approving silly patents submitted by Apple.

  8. Koh is pissed by tpstigers · · Score: 4, Funny

    Every time I read something new about this case Judge Koh is more pissed off. I think everybody's going to get spanked on this one.

    1. Re:Koh is pissed by Anonymous Coward · · Score: 0

      ... everybody's going to get spanked ...

      The judge is not there to judge the lawyers. And barring them from the case, while a fast means of sending a "don't fuck with me" message, probably creates more work for the judge.

    2. Re:Koh is pissed by Anonymous Coward · · Score: 0

      I hope everyone gets spanked for this suit. Stiffling so much inovation is the worst thing apple could have done, but she ought to spank the copyright people even harder for granting the original patient idea. they are the ones who pooched it. Patents on art and thought?

  9. We Are Cursed by qbitslayer · · Score: 3, Insightful

    Either humans suck or the patent system sucks or both.

    1. Re:We Are Cursed by shentino · · Score: 4, Insightful

      Humans invented the patent system.

  10. Re:Apple is for cunts by Anonymous Coward · · Score: 0

    Who you fucking calling 'cunt', cunt!

    (Obligatory tribute to Derek & Clive)

  11. even by Anonymous Coward · · Score: 1

    even the European Union had a news tablet designed by acorn...
    Apple hasn't ever invented anything at any time in their entire history, real american innovation like digital video from the BBC in england (as is the case with almost everything Americans claim to have invented, actually always came from Europe...)

    sorry, the Russians were there before you every single time... (from the nuclear bomb to space travel, you'd have to thank the Nazi's for those...)

    1. Re:even by Anonymous Coward · · Score: 0

      Russians & Germans typo.

    2. Re:even by Anonymous Coward · · Score: 0

      sorry, the Russians were there before you every single time... (from the nuclear bomb to space travel, you'd have to thank the Nazi's for those...)

      Put down the bong and pick up a history book.

  12. STNG by Anonymous Coward · · Score: 0, Informative

    Star Trek Next Generation always had tablets. To say Apple came up with the idea is ludicrous. I was happy when Ipad type devices started coming out, because everything that gets us closer to Star Trek is a good thing in my book.

    1. Re:STNG by Tastecicles · · Score: 1

      microwave ovens (TOS)
      protein-based food analogs (Pot Noodle? Precursor to food replicators, mayhap?) (TOS "The Trouble With Tribbles": KIRK: "This... is my chicken sandwich and coffee.")
      cellphones/PMRs (TOS)
      tricorders (TOS)
      head-mounted direct-to-retina projection displays (TNG "The Game")

      just off the top of my head.

      --
      Operation Guillotine is in effect.
    2. Re:STNG by Ungrounded+Lightning · · Score: 1

      microwave ovens (TOS) ...
      cellphones/PMRs (TOS)

      The microwave oven was a commercial product 19 years before Star Trek first aired.

      The Star Trek communicator was not a cellphone. It was a handheld walkie-talkie, communicating with a single base station (the ship). Such had been in existence since at least WW II. Radio telephones also predate Star Trek by 20 years - initially as an automotive accessory with a handset in the front connected to a big box in the trunk, though getting the whole thing into a handheld didn't happen until 1973.

      Cellular telephony is a separate invention. It's about reusing the same spectrum by progressively subdividing a coordinated grid of progressively lower-powered base stations as more phones are deployed, while adjusting the transmit power of the phones according to the size of the cell they're in to avoid interference with other users in nearby cells. This handles both the issues of finding enough spectrum to serve an ever-increasing subscriber base (rather than providing a handfull of party lines per city) and matching the financing of the buildout to the revenue from subscriber fees.

      What Star Trek communicators DID invent (in addition to popularizing the idea of a handy pocket communicator) was the clamshell form factor. Motorola acknowledged this by naming the first clamshell cellphone model the "Star TAK" ("TAK" having been part of the naming scheme of their phones for some time) .

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  13. Did I miss something? by mark-t · · Score: 2

    I read the article linked to in the summary, but did not notice any place where it mentioned the grounds that Apple attempted to use to get the evidence excluded.

    I mean, aren't you required to give a judge a reason to not admit potentially relevant evidence?

    And really, I'm compelled to wonder what possible reason they could have given that they seriously would think had even the slightest chance of flying...

    1. Re:Did I miss something? by jisatsusha · · Score: 2

      Reminds me of that line from Liar Liar:

      Fletcher: Your honor, I object!
      Judge: Why?
      Fletcher: Because it's devastating to my case!
      Judge: Overruled.
      Fletcher: Good call!

    2. Re:Did I miss something? by IrrepressibleMonkey · · Score: 2

      I believe it's because Samsung didn't include the physical device in its list of evidence, only the video testimony of Fidler. Apple's argument is that it did not have access to the physical device and has had no time to prepare a rebuttal. Apple didn't bother disputing the Fidler evidence because it obviously didn't believe the video testimony to be particularly compelling, but now I suspect it wishes it had spent more time on this.

    3. Re:Did I miss something? by Tastecicles · · Score: 1

      in some courtrooms this shit is actually allowed! Totally against the rules of evidence, mind you, but they tend to ignore the Law when it suits them - by they I mean lawyers, judges, clerks...

      --
      Operation Guillotine is in effect.
  14. Let me be the grumpy person for a day by Cochonou · · Score: 3, Interesting

    Can we stop already with these Apple/Samsung trial stories ?

    It's not that I'm not interested in the subject: I believe its outcome will have profound implications on the smartphone/tablet landscape (hopefully for the best).
    However, I am totally uninterested in every trivial aspect and "twist" of the trial, especially when I'm sure that slashdot editors/firehose cherry pick these stories, and fail to give us the greater picture of the process. Can't we just wait for the court ruling, and have a GOOD summary of it, for once ?

    1. Re:Let me be the grumpy person for a day by Crypto+Gnome · · Score: 1

      You sir are an important point of this website:

      "it's new" implies "it's news"

      and the tag line DOES say "news for nerds...."

      --
      Visit CryptoGnome in his home.
    2. Re:Let me be the grumpy person for a day by I3OI3 · · Score: 1
      I suggest you try this new strategy: don't click on the story.

      You can amp up that strategy thusly: don't take the time to comment on them.

      Slashdot's business is a forum. The kinds of stories that get lots of pageviews and interaction breed more of their kind. Vote with your mouse.

  15. Biased or not? by Anonymous Coward · · Score: 0, Funny

    Well if Judge Koh is as biased against Samsung as so many people were insinuating, then Apple must have an *expletively* good case for her to throw out this request.

    captcha: biasing

  16. don't wanna be a hipster by XeroSine · · Score: 5, Insightful

    I REALLY hope samsung wins this one....I'd rather not have to carry an iphone...My Android device is a wonderful piece of work and no Macintosh product will EVER usurp it....because i can mod mine without breaking its warranty.

    1. Re:don't wanna be a hipster by XsCode · · Score: 0

      Lucky you. The majority of current Android phones / tablets are locked down just like apple products, just not to the same ridiculous level. I myself have a One-X, but short of changing the themes and ringtones, there's no other modification I can do without voiding my warranty.

    2. Re:don't wanna be a hipster by Anonymous Coward · · Score: 0

      ditto. Apple ought to be cut by the sword they've been swinging around. SO sick of the vaunted but false mystique.
      More broadly, it seems patent law is really damaging us. Two or three big important companies will now gore each other , draining all kinds of resources into legal entropy and, if either succeeds, reducing value to the consumer and thus their own viability. We need less potent IP altogether. Maybe patents reduced to 3 years. I'm sure that's a ridiculous hope, but generally less lucrative legal protection would, IMO, improve the situation for all.

    3. Re:don't wanna be a hipster by Anonymous Coward · · Score: 0

      This juries will make Mississippi Burning juries looks totally sane.
      Samsung (as well as all Oriental Android vendors) are screwed.

    4. Re:don't wanna be a hipster by BronsCon · · Score: 1

      Not true. HTX has replaced One X units with hardware failures, regardless of bootloader lock status. They won't replace it if it's not booting into its OS and the bootloader is unlocked (like they would were it still locked), but at that point you can just flash a proper OS onto it, so you don't need warranty service anyway.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    5. Re:don't wanna be a hipster by BronsCon · · Score: 1

      GAH! It's HTC, not HTX... I promise I'll proofread better in the future.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    6. Re:don't wanna be a hipster by Raenex · · Score: 1

      Don't worry, you'll never be confused as a hipster. Even they know how to end a sentence with a period.

    7. Re:don't wanna be a hipster by Maritz · · Score: 1

      You can install apps from other app markets without voiding your warranty. So not quite locked down the same.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  17. The more i read stories by Stan92057 · · Score: 1

    The more i read stories about patent cases the more clear it becomes that the people who decide what can be patented are being bought and paid for. Nothing else makes since.

    --
    Jack of all trades,master of none
  18. The fix is in. by Anonymous Coward · · Score: 0

    Korean judge?
    The fix is in.

  19. Dupe by Plumpaquatsch · · Score: 0

    And even the second time around, Fidler's tablet still hasn't got the flush surface of the iPad (and Samsung's Tabs).

    --
    Of course news about a fake are Fake News.
    1. Re:Dupe by BronsCon · · Score: 1

      No, but many devices before the iPad did.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    2. Re:Dupe by Plumpaquatsch · · Score: 0

      No, but many devices before the iPad did.

      So why didn't Samsung's lawyers present them instead of Fidler's? It seems they know more about design patents than you do (big surprise). Too bad the PHB that decided to copy Apple didn't listen.

      http://www.cafc.uscourts.gov/images/stories/opinions-orders/06-1562.pdf - read it before you make any more claims about "prior art". EGYPTIAN GODDESS, INC., vs. SWISA, INC. is the precedent case for prior art for design patents.

      --
      Of course news about a fake are Fake News.
  20. Ridiculous by MarlonTucker · · Score: 2

    This whole trial is ridiculous. Apple should have never have got the design patent in the first place. It has no innovation at all if you think about it logically, and most designers aren't even that logical.

    Q. Hmm what screen shall we use?

    A Oh, the cheapest ones are 16:9, next probably 19:10 then there's the good old 4:3. Whatever we use is going to make a rectangle shape.

    Q OK, how do we make the device feel nice and be safe for children to use.

    A - ROUNDED CORNERS!

    What exactly are Samsung / other competitors meant to do?!?

    I half want Samsung to develop a round screen, and for it to be a huge success, and for Apple to try to compete with it - just to see what they try to do. Just a shame a round device would be a right PITA to carry around, and an even more PITA to develop for.

    1. Re:Ridiculous by XsCode · · Score: 1

      I half want Samsung to develop a round screen, and for it to be a huge success, and for Apple to try to compete with it - just to see what they try to do. Just a shame a round device would be a right PITA to carry around, and an even more PITA to develop for.

      Hmm a hand held, touch controlled computing device in a circular format... prior art? http://retrocalculators.com/abacus_files/Round_Bagua_Chinese_Abacus_Circular_Suanpan_ChinaDaily.jpg

  21. you should have ..... by cheekyboy · · Score: 1

    Nice tho, but, if you used computers pre 1995, pre 1991, and knew the 'hacker' and 'pirate' scene, you would have seen many games and indeed consoles had cuter better interfaces, ie ps2/xbox1, and xbmc.

    Why didnt you guys get the sony ps2 game designers/graphics artists to design a futuristic GUI.

    This is why hardcore geek engineers need to branch out and at least play games often to get the feel of alternative interfaces.

    Though I can imagine the management being old farts in suits saying they want boring text on white like a paper document.

    Hell, even in 1991 I've seen better interfaces on the Amiga.

    Note: game coders can do wonders in a small amount of ram/cpu speed. (well the 1990s did)

    --
    Liberty freedom are no1, not dicks in suits.
    1. Re:you should have ..... by Anonymous Coward · · Score: 0

      Note: game coders can do wonders in a small amount of ram/cpu speed.

      (I'm the OP)

      I know, I was a demo scene coder in the 80's. Don't worry, some of that hacker knowledge was indeed used in making code as quick as possible.

  22. nah, the ipad mini, due in 4 weeks time by cheekyboy · · Score: 1

    It looks like the iPad mini about to be released.

    If every coder/geek watched startrek 5000 times, the concept of tablets + flat screen + touch screen is there in their heads.

    --
    Liberty freedom are no1, not dicks in suits.
    1. Re:nah, the ipad mini, due in 4 weeks time by Anonymous Coward · · Score: 0

      Now apple will patient the smaller screen, and claim all pads and smaller devices with a screen should be paying a royalty to them. Just like this suit, which can be show to be BS.

  23. apple cannot. by Anonymous Coward · · Score: 0

    Why? Because if they agree, then their case falls down.

  24. Fuck Apple by Anonymous Coward · · Score: 0

    Fuck Apple.

    (Score:5, Informative)

  25. Bill Gates' complaint by sgtrock · · Score: 3, Informative

    Ahahahahahahahaaaha. Let's see. Bill Gates complained in a newsletter circa 1980 about people copying software and ideas without permission.

    I have no recollection of the "ideas" part of your statement. Care to cite your references?

    You're kidding, right? I thought this was one of the most famous statements ever made by Gates. However, it was 1976 (close enough to 1980, I suppose) and it wasn't a newsletter, it was an actual letter to the Homebrew Computer Club.

    1. Re:Bill Gates' complaint by Sun · · Score: 1

      That letter is about copying software. Care to show where "Bill Gates complained in a newsletter circa 1980 about people copying software and ideas without permission"?

      Shachar

  26. Also the Borland vs Lotus lawsuit by walterbyrd · · Score: 1

    I think Lotus sued Borland over the look of the menus, or something equally silly.

  27. Perhaps we need stronger protection of design by tgibbs · · Score: 0

    So how about companies whose expertise is not in coming up with novel ideas that don't work very well, but rather in design--taking concepts that are well known and finally making them actually work well? Clearly (considering how rarely it is done) that is often harder than coming up with the original germ of an idea. And it clearly is not risk free: there are many of examples of companies that introduced original designs, but failed because they could not compete with other companies who simply copied the designs of others.

    Consider the fate of Palm, for example, who came up an original OS and user interface and produced a phone that debuted to stellar reviews, but died because they could not afford to compete with manufacturers selling cheap iClones, who could sell their phones at rock-bottom prices, because they didn't have to invest in design, or do user testing, or take the market risk of introducing a new design--they could piggyback on the design ideas already market-tested by Apple. And the same seems to be on the verge of happening to Blackberry, another company that developed its own designs and charted its own way instead of just rushing clones of "the latest thing" to the market.

    Ironically, it appears that the consequence of weak patent protection of Apple's designs will likely be that consumers have only two choices when it comes to smart phones: an iPhone, or an iPhone imitator. Perhaps Microsoft will offer a second alternative (although design had never really been one of their strengths). But it's kind of sad if a company has to have the deep pockets of a Microsoft to introduce an original design.

  28. So there's no ideas in writing software??? by Anonymous Coward · · Score: 0

    guess that means that software, not having any ideas, isn't expressive nor patentable...

  29. I can't believe that by Anonymous Coward · · Score: 0

    Apple though that trying to stifle evidence would mean they'd win. After all, the existence of the evidence means that there were events that took place in the past, and the past cannot be changed. You can say what you want all you want, but the fact of the matter is that the past happened. By trying to move to have the evidence dismissed, they're trying to deny that the events ever took place in the first place, which just goes to show how disconnected from reality things like this really are.

  30. Star Trek TNG tablets? by Anonymous Coward · · Score: 0

    Didn't Star Trek TNG invent the tablet even earlier than 1994? That show ran in the 80's, well before anyone actually build a REAL tablet, but the concept was there.