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Apple Loses Bid To Exclude Evidence In Samsung Patent Trial

Posted by Soulskill on from the don't-cloud-this-issue-with-facts dept.

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."

14 of 227 comments (clear)

  1. 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 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"
    2. 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!”
    3. 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.
    4. 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.

      --
      Required reading for internet skeptics
    5. 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?

  2. Re:It's like Palo Alto all over again... by MacDork · · Score: 5, Interesting

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

  3. 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.

  4. 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.

  5. 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.

  6. 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. :)

  7. 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.

  8. 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.

  9. 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.