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Apple wins preliminary judgement against Samsung in tablet case

Wed 10 Aug 2011 9:02am GMT / 5:02am EDT / 2:02am PDT
HardwareLegal

Distribution of Galaxy Tab 10.1 in Europe outlawed by IP infringement case

Apple has won a significant victory in a series of legal cases against Samsung which is currently preventing the distribution of the company's Android-based Galaxy Tab 10.1 in Europe.

The action is based on an intellectual and design patent, rather than a technical or product patent, which claims that Samsung have imitated the iPad 2 to the point of illegality. Samsung is expected to appeal against the decision.

"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging," said an Apple spokesperson.

"This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

Apple is pursuing similar actions in the US, Asia and Australasia, but the current ruling, exempt in the Netherlands, takes immediate effect. Apple is also pursuing similar actions against other Android device manufacturers.

Generally, when such preliminary injunctions are granted, it means that the plaintiff has exhibited evidence which shows it is very likely to win a full case, reports Foss Patents.

The case could potentially have a knock-on effect for the tablet and smartphone market should the accusations of imitation gain further legal traction, but could still be settled out of court.

15 Comments

Alan Pierce
Programmer

63 19 0.3
A rectangular tablet? OMG!

Posted:3 years ago

#1
Disgraceful Apple. How is the iPad vrs Galaxy Tab, any different from the iPhone vrs every-other modern smart-phone?

The software and interface is significantly different, as is the hardware. Of course its still rectangular, has a screen, and can be touched - maybe thats enough :P. How I look forward to the importing of my Galaxy Tab, and the demise of Apple...

Posted:3 years ago

#2

Lee Walton
Co-Founder & Art Director

33 4 0.1
Immitation is surely the highest form of compliment?

Strange that no car tyre manufacturers sue other car tyre manufacturers... I mean surely, Pirelli make a circular black ring of rubber and so do Goodyear- how dare they!! We need triangular, square, star-shaped tyres etc. Otherwise how will consumers tell them apart?! The copying is blatant and must stop....

Posted:3 years ago

#3

John Donnelly
Quality Assurance

313 38 0.1
On a tire its more the brand that has the value rather than the shape/look of it.
For most people they dont care about tires but consumer electronics where a products casing is part of its wow factor or identity is an issue.

Apple want to protect the design so you can see someone with one and think 'O look there is someone with an Ipad' so you keep the brand in your head.

I think that in some ways its a sign of the times where branding is sometimes more important than the phsical product at times.
But a company must make effrots to protect its product identity or they lose the abality to do so in the future so Apple probally need to take this action least everyone starts to make IPad clones rather than rectangular shaped touch screen tablets that make look somewhat alike but yet has little differences.

Posted:3 years ago

#4
I don't think it's a matter of "brand". Sounds to me like a matter of "protecting market share" for Apple.
Their products are mid-high priced, so they're ok as long as "you" don't include in your tablet quite every feature they have in iPad - but significantly cheaper.
Especially during "crisis times" that could potentially annihilate Apple's market share.

My2c

Posted:3 years ago

#5

Neil Hall
Senior Lecturer in Games Animation

22 16 0.7
Let them do it. It might make the other manufacturers come up with better ideas of their own instead of just following Apple.

Posted:3 years ago

#6

Kessia Thomas
Studying 3D Computer Animation

16 1 0.1
Bring your prices down in line with the Androids then Apple then I think you will earn the right to complain. And to be quite frank, features wise the Androids win hands down in terms of connectivity and expandability.

@Niel um I think you'll find Samsung did the tablet thing first with the Q1. Admittedly it wasn't rectangular and touchable etc but Apple doesn't have exclusivity over the concept.

Posted:3 years ago

#7

John Donnelly
Quality Assurance

313 38 0.1
Doug, the dispute is over the design and look of the unit, not its features or hardware.

While there are patent disputers over the technology behind some phones going on with Apple and others in this case none of those are a factor.

It makes this more like a trademark than a copyright dispute

Posted:3 years ago

#8

Jonathan Doyle
Writer

6 0 0.0
@John I was walking down the road the other day reading my B&N nook. Just a wee e-reader but the gaggle of kids going the other way started pointing. "Look at him, he's got an iPad"

My nook does not look like an iPad but the brand identity has been established. Going against Samsung over "rectangular, black and you poke it" feels wrong.

Posted:3 years ago

#9

Paul Baker
Game Designer

13 0 0.0
I think Apple can suck my big toe.

Posted:3 years ago

#10
Not sure I see the value in bashing anyone trying to protect there IP rights, especially on a gaming industry website. Valuing originality and protecting creative work whether it be a musician an engineer and even, hesitation, Apple, can only be a good mantra to uphold. No?

Posted:3 years ago

#11

Laura Roberts
Manager

6 0 0.0
Steve Jobs has managed to retain his contrived anti-establishment image that began with clever branding done by the great ad agency Chiat/Day in the 80's. Advertising is a powerful thing indeed, and people still do not view him or judge Steve Jobs as they do Bill Gates. I think they are two peas in a pod.
I was just in Verizon's store 2 days ago looking at the Galaxies, and they did not look like ipads to me. They are super thin and maybe that's what bothers Apple, they want all droid tablets to look ugly like the Xoom. If Samsung had slapped a big fat picture of an Apple on it, that would be a clear violation of IP, but to me this is akin to saying only Apple can have a thin white laptop and everyone else has to manufacture laptops that look like big chunky black thinkpads from the early 90s...

Posted:3 years ago

#12

Stefano Ronchi
Indie Game Developer

50 0 0.0
@ Jonathan: you were brave, I'm surprised those little kids didn't mug you instead! Sounded like they were marking you -but I guess one of em spotted that it wasnt an ipad, so you got away with it ;P
Yea I was thinking about let's say why they didn't sue HTC or whatnot, but I guess it's more the case that they are the first with the pad -but weren't they the first with the iphone? Oh well: they've got 60billion in reserves, gotta spend it on something!!

Posted:3 years ago

#13

Andrew Ihegbu
Studying Bsc Commercial Music

439 146 0.3
Apple is simplicity, right?

Make anything complex and you must build on simplicity. The touchscreen would not exist without the screen for example. There for the black rectangular tablet with a complex four button OS would not exist without the black rectangular tablet with the simple OS and the one button.

It's about as stupid as Nokia suing the world for making brick shaped phones. Screw you Apple, favouring profit over genuine product advancement.

Posted:2 years ago

#14

Tom Keresztes
Programmer

633 239 0.4
The Galaxy 10.1 look strikingly like an ipad2 - at least from the front.

http://cellphonesvideos.com/wp-content/u...

Posted:2 years ago

#15

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