Apple vs. Samsung

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  • HoriZon 23 Aug 2011 22:59:40 13,526 posts
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    Apple and Samsung are currently engaged in a high-stakes intellectual property battle, with Apple seeking injunctions in a number of countries to prevent Samsung from selling its Galaxy Tab and other Android-based products. Apple claims that Samsung has infringed upon Apple's intellectual property rights by copying the designs of popular Apple devices such as the iPhone and iPad.

    In a curious turn of events noted by FOSS Patents, Samsung has turned to the film industry in its defense against Apple's request for an injunction in the United States and pulled this out of the bag!

    :)


    According to court filings, Samsung has presented a scene from Stanley Kubrick's 1968 film 2001: A Space Odyssey as evidence of prior art that should invalidate Apple's design claims on the iPad. From the filing:

    Attached hereto as Exhibit D is a true and correct copy of a still image taken from Stanley Kubrick's 1968 film "2001: A Space Odyssey." In a clip from that film lasting about one minute, two astronauts are eating and at the same time using personal tablet computers. The clip can be downloaded online at http://www.youtube.com/watch?v=JQ8pQVDyaLo. As with the design claimed by the D'889 Patent, the tablet disclosed in the clip has an overall rectangular shape with a dominant display screen, narrow borders, a predominately flat front surface, a flat back surface (which is evident because the tablets are lying flat on the table's surface), and a thin form factor.

    The patent in question is a design patent covering the ornamental design of the iPad, with Apple claiming that the Samsung Galaxy Tab is substantially identical to that design. By pointing to an example of a similar design made public in 1968, even if not an actual functioning tablet device, Samsung hopes to demonstrate that there is little variation possible when designing a tablet and show that the general concept used by Apple for the iPad has actually been circulating for decades.



    ah got to love lawyers! ;)

    I used to be a gamer like you, then I took an arrow in the knee.

  • dominalien 23 Aug 2011 23:06:40 6,848 posts
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    A good move by Samsung.

    PSN: DonOsito

  • Chopsen 23 Aug 2011 23:07:13 15,834 posts
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    I do like the Reg's headline:

    'I'm sorry, Dave. I'm afraid I can't run Adobe Flash'
  • Psychotext 23 Aug 2011 23:17:37 53,918 posts
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    This little film is full of prior art too: http://www.youtube.com/watch?v=JBEtPQDQNcI

  • HoriZon 24 Aug 2011 17:49:43 13,526 posts
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    Its getting fun now!

    Last week, we noted that a Dutch court was weighing an infringement claim by Apple against Samsung over the Galaxy line of smartphones and tablets, with Apple requesting a complete ban on the sale of Samsungs products in the European Union. A decision in that case was to be handed down on September 15th.

    FOSS Patents and Tweakers.net now report that the case has been decided ahead of that timeline, with the judge ordering that Samsung's subsidiaries be banned from selling Galaxy smartphones (but not tablets) in many European Union countries as of October 13th. The ban applies to the Samsung Galaxy S, Galaxy S II, and Ace phones.


    http://www.macrumors.com/2011/08/24/ban-on-sale-of-samsung-galaxy-smartphones-in-eu-set-for-october-13th/



    Dont Samsung make most of the screens in Mac's, iPads and iPhones ??

    I used to be a gamer like you, then I took an arrow in the knee.

  • rock27gr 24 Aug 2011 17:59:32 5,561 posts
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    That's interesting; seems Apple won based on the photo browsing features, of which the patents they failed to assert in most countries by not paying the required fees!
  • CharlieStCloud 24 Aug 2011 18:08:22 5,202 posts
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    I have a few Apple things in my household... but I kind of wish Samsung would just say 'no' if Apple request for their parts and materials!

    Apple have all the money in the world and yet, they are still throwing their toys out of the pram over this. Silly sods.
  • Deleted user 24 August 2011 18:12:57
    Ha that is a brilliant attempt at prior art. Not been following this much recently so will need to catch up. I want apple to get spanked just for that!
  • oceanmotion 24 Aug 2011 18:15:48 15,770 posts
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    Best thing Apple did last week was resize the Samsung products to look more like theirs and use the non default screens. Wankers.
  • rock27gr 24 Aug 2011 18:16:52 5,561 posts
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    TBF to Apple they did create a wonderful OS that revolutionised smartphones, and then did get copied left,right and centre, so fair game to them trying to protect their investment.

    Though it took them a long time to do so.
  • Deleted user 24 August 2011 18:22:35
    oceanmotion wrote:
    Best thing Apple did last week was resize the Samsung products to look more like theirs and use the non default screens. Wankers.
    Nah, not really. But I'm on my phone on the train so I'm not up for explaining this, sorry!
  • Dirtbox 24 Aug 2011 18:33:40 77,653 posts
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    rock27gr wrote:
    TBF to Apple they did create a wonderful OS that revolutionised smartphones, and then did get copied left,right and centre, so fair game to them trying to protect their investment.

    Though it took them a long time to do so.
    Then why are they going after the product manufacturers and not google, who made the interface?

    +1 / Like / Tweet this post

  • oceanmotion 24 Aug 2011 18:42:39 15,770 posts
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    mowgli wrote:
    oceanmotion wrote:
    Best thing Apple did last week was resize the Samsung products to look more like theirs and use the non default screens. Wankers.
    Nah, not really. But I'm on my phone on the train so I'm not up for explaining this, sorry!

    Fair enough, something I may not have read.

    Weird how one of the patents is for sliding to unlock. Wouldn't that be Android, so Google's court or perhaps that's the problem with them, let the hardware makers fall on the sword.
  • Dirtbox 24 Aug 2011 18:44:30 77,653 posts
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    Fair enough my arse, he doesn't have any points to make other than to disagree for the sake of it.

    +1 / Like / Tweet this post

  • Psychotext 24 Aug 2011 18:48:02 53,918 posts
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    rock27gr wrote:
    That's interesting; seems Apple won based on the photo browsing features, of which the patents they failed to assert in most countries by not paying the required fees!
    From what I can see of the decision that ruling might actually be bad news for Apple. The judge threw out pretty much all of the claims except for the scrolling / image gallery ones which can easily be changed.

    That's not going to do them any favours whatsoever in other courts.
  • oceanmotion 24 Aug 2011 19:03:34 15,770 posts
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    Dirtbox wrote:
    Fair enough my arse, he doesn't have any points to make other than to disagree for the sake of it.

    Benefit of the doubt I suppose. I'm not one to remember what many forum members are like on subjects such as bias or ignorance.
  • rock27gr 24 Aug 2011 19:10:24 5,561 posts
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    Psychotext wrote:
    rock27gr wrote:
    That's interesting; seems Apple won based on the photo browsing features, of which the patents they failed to assert in most countries by not paying the required fees!
    From what I can see of the decision that ruling might actually be bad news for Apple. The judge threw out pretty much all of the claims except for the scrolling / image gallery ones which can easily be changed.

    That's not going to do them any favours whatsoever in other courts.

    That's true, so either Apple didn't cover their bases very well when patenting the iPhone and OS, or their lawyers are shit.

    Did you also notice they haven't actually paid for those patents in many countries, which as I understand makes them unenforceable?
  • morriss 24 Aug 2011 19:10:49 70,918 posts
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    I've heard that Apple had initially photoshopped the Sammy design to make it look more like the iPad. That was brought up in court.

    Well, so my old man tells me.
  • rock27gr 24 Aug 2011 19:12:33 5,561 posts
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    Dirtbox wrote:
    rock27gr wrote:
    TBF to Apple they did create a wonderful OS that revolutionised smartphones, and then did get copied left,right and centre, so fair game to them trying to protect their investment.

    Though it took them a long time to do so.
    Then why are they going after the product manufacturers and not google, who made the interface?

    I guess they though it was an easier target/had more to benefit from this. I aren't a patent expert, I just call them as I see them!
  • eleven63 24 Aug 2011 19:24:20 1,601 posts
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    Grab your Galaxy SII whilst you can - Apple don't like it up'em...

    Follow me on Twitter @mattwaring

  • mcmonkeyplc 24 Aug 2011 19:25:47 39,412 posts
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    I have mine. I have a feeling google is about to come charging into this battle with it's new found patent whore house.

    Come and get it cumslingers!

  • mcmonkeyplc 24 Aug 2011 19:25:48 39,412 posts
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    Post deleted

    Come and get it cumslingers!

  • rock27gr 24 Aug 2011 19:28:12 5,561 posts
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    Just like the article says, it's only one simple software upgrade from being "free" again.
  • rock27gr 24 Aug 2011 19:30:10 5,561 posts
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    mcmonkeyplc wrote:
    I have mine. I have a feeling google is about to come charging into this battle with it's new found patent whore house.

    All they need to do is remove the photo browsing functionality and replace it with a different gesture/presentation.

    As Psychotext says, Apple lost more, much more, than they gained from this trial.
  • mcmonkeyplc 24 Aug 2011 19:30:48 39,412 posts
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    That software in question is also the bog standard android app for gallery viewing.

    Google Vs Apple shortly. Let them wipe each other out.

    Come and get it cumslingers!

  • rock27gr 24 Aug 2011 19:34:47 5,561 posts
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    Google remains strangely distant from all these attacks on Android. You would think they'd step up to support their partners, especially given that the attacks are based on Google's software.
  • IMO 24 Aug 2011 19:35:51 5,624 posts
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    The next time someone goes on and on about how wonderful Apple are, I'm punching them.
  • oceanmotion 24 Aug 2011 19:47:05 15,770 posts
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    Google like a free lunch. I imagine if WP7 manages to gain any traction they will soon change their tune. Buying Motorola may have been the start but could be too late to stop the hardware makers giving WP7 a decent push.
  • eleven63 24 Aug 2011 19:48:32 1,601 posts
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    mcmonkeyplc wrote:
    I have mine. I have a feeling google is about to come charging into this battle with it's new found patent whore house.

    Hope so, FUCK Apple

    Follow me on Twitter @mattwaring

  • Deleted user 24 August 2011 19:49:27
    IMO wrote:
    The next time someone goes on and on about how wonderful Apple are, I'm punching them.
    Who does this then?
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