Apple must show patents valid in Samsung case, says judge

By Jos · 23 replies
Oct 14, 2011
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  1. In the latest courtroom fight between Apple and Samsung, US District Judge Lucy Koh has said that Galaxy tablets have indeed copied Apple's iPad, but added that Apple has a…

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  2. gwailo247

    gwailo247 TechSpot Chancellor Posts: 2,010   +18

    Go into any electronics store and look at the LCD TVs, then tell me, from a distance, which one is made by which company. They're all big, rectangular and have shiny bezels.

    WTF is any company supposed to do, come up with a tablet shape other than a rectangle? Or make it bulkier on purpose?

    It's very simple, Apple is afraid of Samsung, otherwise they wouldn't have bothered with the injunctions. If they were really so secure in their position they'd let market forces decide.

    Only imbeciles would think that the success of a tablet is based on it's shape. Its the hardware and software that counts. You can have the most beautiful tablet in the world, but if it runs a crappy OS and has crappy hardware, it won't sell a bit.

    Android will overcome iOS in the tablet sphere, just as it did in the smartphone sphere. That's just inevitable. Suing a company for having a similar shape is pretty pathetic. The Apple that innovates and leads would let their products, not their lawyers do the talking. They should focus more on their next game changing product, that's what kept them in the top spot, not litigation.
  3. mario

    mario Ex-TS Developer Posts: 399   +17

    "Android will overcome iOS in the tablet sphere"

    I'll take that bet, I say by the end of 2012 the iPad will still be "the tablet market".
  4. gwailo247

    gwailo247 TechSpot Chancellor Posts: 2,010   +18

    You want to take a bet on an open ended statement that you twisted around to suit your own ends? Good luck in Vegas...I don't quite see where I said they'd be ejected from the Android market, but we see what we want to see.

    Sorry they won't hold their dominance forever. If Amazon was Apple, they'd twist the definition of tablet around to have the Kindle count as a tablet. But in any case, in a few years, Android will come to match iOS, and who knows maybe even Windows may make a dent in it.

    The point is that Apple used to not worry about what the competitors were making, they were successful enough launching their own products.

    This BS about the tablets looking similar, Apple photoshopping legal evidence, and claiming to have invented the rectangular hand held tablet, even you have to start seeing through that. They're going for injunctions based on dubious premises because they no longer can stand just on their products. I can understand software patents or even hardware patents, but going after looking the same? Sorry, that's pathetic. If that's the case, then the estates of Kubric and Roddenberry have a valid claim to go after Apple as well...
  5. Vrmithrax

    Vrmithrax TechSpot Paladin Posts: 1,352   +293

    At least we finally have a judge that seems to get patents, and is forcing someone to actually PROVE a utility patent is valid (which, honestly, should have been done before it was ever granted in the first place). Would be nice to see this happen more often, it might actually deter some of these huge patent troll companies from throwing lawsuits around left and right - finally a possible consequence to your actions, if you have the possibility of shining too bright a light and invalidating your own patent.
  6. Cota

    Cota TS Enthusiast Posts: 513   +8

    Sadly for you and i imbeciles rule the world.
    Welcome to the real world ಠ_ಠ
  7. soliozuz

    soliozuz TS Rookie

    I think I'm inclined to agree with you here, Apple's iPad's aren't all that they are cracked up to be but perhaps Samsung could have made a difference in the shape, not by a great deal but something that says Samsung. Other than that, Apple's only strength with the iPad seems to be lawsuits and injunctions. Perhaps, if they didn't cheat in the lawsuit in Germany, Samsung would still have Galaxy-based phones/tablets there.
  8. To bad the Judge does not watch "2001: A Space Odyssey" which contains a couple of minutes that clearly show tablet devices in the same shape as an iPad.

    Also, maybe the Judge should go shopping sometime and purchase a writing tablet. Oh! My! It is rectangular and about 8 1/2 by 11. It has the same shape (called rectangle) as an iPad.

    But of course, when the Judge goes shopping for a writing tablet, it is probably round.
  9. princeton

    princeton TS Addict Posts: 1,676

    I agree. Companies can't compete in a market that DOESN'T EXIST. If there was anything more than an iPad market Android tablets would be growing a lot faster than they are now.
  10. Rick

    Rick TechSpot Staff Posts: 4,572   +65

    I still don't agree with all of this nazi patent stuff over the minutiae of design... But I do believe its a "whole package" thing.

    The Galaxy S is certainly an embarrassingly similar device, if not the Tab. Check this out:




    Honestly, the similarities are embarrassing and ridiculous and as much as I don't like to stick up for Apple, they did it before Samsung. Maybe Apple's ideas weren't "original" enough to be patented, but there's no excuse for Samsung to produce something so closely to Apple's design(s) per mere random chance...
  11. gwailo247

    gwailo247 TechSpot Chancellor Posts: 2,010   +18

    And again, where did I give some kind of deadline for Apple to be removed from the tablet market?

    I'd take that bet too, that's a pretty safe statement to make.

    Seriously, how many people here would actually be butt hurt if Windows or Android market share dropped? Say something negative about Apple, and iSheep act like you just insulted their mother.
  12. Archean

    Archean TechSpot Paladin Posts: 5,690   +96

    +1 gwailo
    For some odd reasons iSheeps are lot less likely to take any questions about Apple in a constructive way. IMO whoever is able to comeup with right tech for the right time will prosper, so no one can be sure that in few years' time they will remain dominant player or a minor player will remain at the fringes.
  13. That is exactly what I am saying. This tablet thing is a new concept and ppl, like the judges are not getting it. If these ewe TV's they wouldn't buy into it as much since they're use to the idea of it. These law ppl are so ignorant!!
  14. This is absolutely ridiculous, I thought Australian officials were smarter than this. Most people do not know that Samsung made most of the iPhone and iPads. People need to realize that Apple is just suing around because Samsung is now outselling the iproducts. Example, the superior Galaxy S2 phone, that has been released for months is outselling all iPhone 3, 3g, 4, and 4s sales in the UK. Apple's pride is hurting because they are officially behind the technology curve and is retaliating like 2 year olds and just suing around. Samsung was contracted by Apple to make their products because every needs to realize that Apple is a SOFTWARE company not a HARDWARE company. Look at Microsoft, do they build computers? No and neither does Apple. Apple laptops are made with Intel and Asus motherboards, Intel CPUs, nothing Apple. The same goes for their mobile devices. The majority of the iPhone 4 was made by Samsung, save the LCD screen which was made by Sony.
  15. cocofashionlv

    cocofashionlv TS Rookie

    Your links are what you call 'IMAGE MANIPULATION'. Check the Motorola xoom and see if u see a difference. Xoom is thicker so apple is not bothering.

    When I pad and galaxy 10.1 was supposed to be introduced together, Samsung noticed ipad2 was a bit thinner than they expected. So they went back and within only TWO weeks, they created something thinner and lighter. That is when apple got pissed off and decided to go unreasonable and sue-happy.

    Only samsung has the ability to do something like this. Give anyone two weeks and see if they can do wat they did.

    Apple's very touch screen is made my Samsung. Apple won't be successful if it ewerent for samsung. They are going down for biting ff their very own hands.
  16. cocofashionlv

    cocofashionlv TS Rookie

    They are brainwashed. They can't think for themselves anymore. Why do you think they're spending money on the iPhone 4s? Any right minded person will go through the specs before spending that kind of money. Galaxy s2 swept all the award this year including the T3 phone of the year award (Best phone in the world) IPhone got none. Most innovative phone was awarded to LG optimus 3D.
  17. cocofashionlv

    cocofashionlv TS Rookie

    Apple made a mistake by creating a world of its own that no one else can communicate. They are making money because of it in the mean time-. But soon as you can already see, they are isolating themselves. Android platform is like the world wide web. It integrates and meshes with the rest, PC's developers are happier because they are not forced like with the apple app store to make mill type low quality apps like the whole 99cent deal. Read up. There's a lot of brunt going on with apple app developers and apple's 'control' over it which is not 'quality control' but more of...lets protect our market share and not give ppl the options they deserve...ohhhh...but they're not gonna know cuz they're's innovation is that they've adopted communist ideals looks like.
  18. I agree. You said it beautifully
  19. SammyJames

    SammyJames TS Enthusiast Posts: 167

    It is possible that the tablet market is a passing trend. I believe that the whole thing is a fad. I also believe that the future of mobile computing lies in smaller and more energy-efficient technologies that have yet to make it to the market.

    I see five years from now, a new paradigm. I believe that you will be able to buy something that approximates the size of a Bluetooth earpiece that has a tiny OLED screen affixed to it. More expensive units will have stereo sound and 3D stereoscope screens. This will all be controlled by voice, or, if you still want to type, you can carry an ultra-portable keyboard/touchpad accessory.

    And I wouldn't rule out Apple jumping on that one either. But by then, there won't be any more patents to scoop up. At that point, it really will be the best product that wins -- instead of the one that got developed first using patentable technology.
  20. gwailo247

    gwailo247 TechSpot Chancellor Posts: 2,010   +18

    You are right about that. When the flexible screens come out mass market, you'll basically be attaching a CPU/storage box to a display. But they'll still have a place probably.

    We also should not forget that we're looking at this from a first world perspective. Third world people will eventually start wanting these things, once they get access to electricity anyway. If something like cold fusion, or a super efficient solar cell come out, you'll probably start seeing a market for computers in Africa and other such places.
  21. Xclusiveitalian

    Xclusiveitalian TS Evangelist Posts: 714   +75

    In my opinion Android will take over majority share of tablets because it's better. This lawsuit shows how scared Apple is. If I had a company that made a product and another company made a product and I was afraid of that product id say they copied me. Ipad isn't bad, but Android has so much more going for itself. It can do a-lot going for itself, while the Ipad is lock-down by what Apple says it can and cannot have.
  22. Archean

    Archean TechSpot Paladin Posts: 5,690   +96

    I don't think Android is as good as iOS is (and that is coming from someone who is not an Apple fanboy or an iSheep :p) ........ it will take at least a year or two for Android to get where iOS is, and Apple won't stay still during this so ............. but it will still lack when it come to stability, as in this regard even a dinosaur like WinMo seems much better (from my own experience).
  23. aj_the_kidd

    aj_the_kidd TS Rookie Posts: 555

    In terms of overall usability yeah i would agree, reluctantly, but i would still pick Android over iOS. For me things like playing flash, ability to play most movies files (avi, mp4,mkv), widgets and customization ability out of the box, is what makes me choose Android over iOS. I think both OS's are good, i just prefer Android and yes i have tried iOS

    End of 2012, Windows tablets FTW, assuming we are still alive by them :)
  24. Archean

    Archean TechSpot Paladin Posts: 5,690   +96

    Fair enough, personally I like Metro UI over Android's countless (and some useless) UI's, so I am looking forward to upcoming OS as well. Also I do agree with you point on playing movies, probably one reason which keeps me getting rid of my problematic SGS is movies (as I have to travel alot at times so it becomes useful feature) .......... ;)

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