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Samsung Gains a Partial But Sustantial Win Over Apple


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Posted by skblakee
Updated - German court lifts ban on some European Samsung Galaxy Tab 10.1 sales


Apple Blocks Samsung From Selling Galaxy in EU
By REUTERS
Published: August 9, 2011 at 7:33 PM ET

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SAN FRANCISCO (Reuters) - Apple Inc scored a major victory in its multi-country patent infringement battle against Samsung Electronics after a German court barred the Korean company from selling its Galaxy Tab 10.1 in the entire European Union except the Netherlands.
Reuters

Apple spokeswoman Kristin Huguet confirmed that a district court in Dusseldorf, Germany, granted the preliminary injunction.

This is the second big setback for Samsung, which has been locked in a battle with Apple over smartphones and tablets patents since April, and comes after it delayed the Australian launch of its latest Galaxy tablet because of similar lawsuits.

A Samsung U.S. spokesman did not return a call seeking comment.

Apple said that Samsung's Galaxy line of mobile phones and tablets "slavishly" copied the iPhone and iPad. It has sued in the United States, Australia and elsewhere. Samsung has countersued Apple.

"This is an intellectual property right granted by an agency of the European Union," Florian Mueller, a technology specialist and blogger on patent battles, said on his blog FOSS Patents. "It can therefore be enforced on an EU-wide basis, while European patent law is still fragmented, requiring a different lawsuit in each country in which one seeks to enforce it."

Mueller said Apple has a separate lawsuit underway in the Netherlands as well.

The Galaxy Tab 10.1 has only been recently launched in Europe and is in the early stages of being rolled out.

Samsung is one of the fastest growing smartphone makers and has emerged as Apple's strongest competitor in the booming tablet market with models in three sizes but it remains a distant second in the space.

The patent battle has the potential to cripple Samsung, Brian White, analyst with Ticonderoga, said in a note to clients.

"Samsung is one of the few OEMs in the world with ability to enjoy success in both the smartphone and tablet markets," he said. "However, if Samsung is violating Apple's IP rights, we believe Apple could enjoy even further success in these markets in the coming years."

Galaxy products use Google's Android operating system, which directly competes with Apple's mobile software.

(Reporting by Poornima Gupta. Editing by Robert MacMillan, Bernard Orr)
[ This Message was edited by: skblakee on 2011-08-17 13:39 ]



Posted by DarkKrypt
and australia. fcuking kents!

Posted by razec
Another win, now they should focus on eliminating their chinese counterparts that has perfectly copied their priced iphone4.

nice dirty but legal tactic to eliminate competition

Posted by julias
Because of these dirty tactics by Apple i'm getting a dislike for them more and more everyday.



Posted by lemmy31
I dont understand how these are 'dirty tactics' by apple . The Galaxy S & S2 range of phones and the Galaxy Tab are complete copies of Apple products.
Now im no Apple fan boy (at present i have a Desire HD and a Nokia E7) but im damned sure if i developed a product and it was plagiarised by another company (which Samsung clearly have done) even so far as to put an iphone like UI over stock Android OS i would want them stopped. You cant blame Apple for trying to protect their investments.




Posted by julias

On 2011-08-10 12:50:05, lemmy31 wrote:
The Galaxy S & S2 range of phones and the Galaxy Tab are complete copies of Apple products.


Could you please explain how they are complete copies?



Posted by skblakee
http://www.phonearena.com/new[....]rative-design-drawings_id21070

Posted by adsada
I wouldn't say they're complete copies, this is a complete copy. But yeah it's obvious they've taken the ideas from apple, but they have done so and made them 20 times better. I hate apple and cannot stand its increased popularity, and I do feel that they are just excusing this to kill competition. I mean look what apple has copied from others? All companies do it, the first to have a decent camera, a colour screen etc.

Posted by lemmy31

On 2011-08-10 12:55:46, julias wrote:

On 2011-08-10 12:50:05, lemmy31 wrote:
The Galaxy S & S2 range of phones and the Galaxy Tab are complete copies of Apple products.


Could you please explain how they are complete copies?




The Galaxy S is clearly an iphone 3GS copy and Touchwiz is clearly influenced shall we say by IOS, and i am obviously not the only one who thinks so. Its just my opinion on your statement about dirty tactics by Apple. Samsung make great phones and tablets....ive had a Galaxy Tab an a Galaxy S & S2.....

Posted by mriley
I don't know how Apple get away with doing this

Posted by goldenface

On 2011-08-10 13:30:35, mriley wrote:
I don't know how Apple get away with doing this




and lots of it.

Posted by julias

On 2011-08-10 13:26:57, lemmy31 wrote:

The Galaxy S is clearly an iphone 3GS copy and Touchwiz is clearly influenced shall we say by IOS, and i am obviously not the only one who thinks so. Its just my opinion on your statement about dirty tactics by Apple. Samsung make great phones and tablets....ive had a Galaxy Tab an a Galaxy S & S2.....



I don't see any resemblance between the iphone 3GS and the galaxy S having had both in the past. If you going to nitpick like then there are so many touch screen smartphones on the market from almost all manufacturers that look similar.

What's clear in mind mind that designs between the two are not that similar and run on a completely different OS and again any similarity's are purely coincidental. The same with the Galaxy Tab nothing like the ipad apart from the tablet PC form factor which again many tablet PC's share.

Posted by masseur
lets not forget though, that Apple can make all the claims they like against patent infringement, but it takes a special patent court to agree they have a case. Indeed now 2 separate patent courts have done so and this afternoon I wouldn't be surprised if a 3rd also makes the same decision.

Posted by goldenface
I do see a lot of resemblance between the two devices but is that not sharing a form factor?

Posted by lemmy31

On 2011-08-10 13:41:11, julias wrote:

On 2011-08-10 13:26:57, lemmy31 wrote:

The Galaxy S is clearly an iphone 3GS copy and Touchwiz is clearly influenced shall we say by IOS, and i am obviously not the only one who thinks so. Its just my opinion on your statement about dirty tactics by Apple. Samsung make great phones and tablets....ive had a Galaxy Tab an a Galaxy S & S2.....



I don't see any resemblance between the iphone 3GS and the galaxy S having had both in the past. If you going to nitpick like then there are so many touch screen smartphones on the market from almost all manufacturers that look similar.

What's clear in mind mind that designs between the two are not that similar and run on a completely different OS and again any similarity's are purely coincidental. The same with the Galaxy Tab nothing like the ipad apart from the tablet PC form factor which again many tablet PC's share.


Then i suggest you open your eyes and take a good look .....as i said im not the only one who thinks this is the case, people far more important than me have concluded that they are very similar. Plagiarism i think is the word. And your right they are running completely different OS's, until Samsung make them look very, very closely related that is

Posted by julias

On 2011-08-10 14:36:42, lemmy31 wrote:

Then i suggest you open your eyes and take a good look .....as i said im not the only one who thinks this is the case, people far more important than me have concluded that they are very similar. Plagiarism i think is the word. And your right they are running completely different OS's, until Samsung make them look very, very closely related that is



Told you i've had both phones and more than a few iphones and i don't still don't think there is any resemblance apart from the fact that both are touch screen smartphones of which there are many that look similar and i don't see Apple suing them.

Lets not forget here that Apple are quite big liars, they claim to have invented everything from Video Calling to the App Store and Multi-Touch and steal copyrighted names like iCloud which do not belong to them and was never their ideas. I really hope that these things are brought up in court over these patent disputes.

People need to wake up and realise that Apple are not whiter than white and what people think they are.

Posted by adsada

On 2011-08-10 14:56:48, julias wrote:

On 2011-08-10 14:36:42, lemmy31 wrote:

Then i suggest you open your eyes and take a good look .....as i said im not the only one who thinks this is the case, people far more important than me have concluded that they are very similar. Plagiarism i think is the word. And your right they are running completely different OS's, until Samsung make them look very, very closely related that is



Told you i've had both phones and more than a few iphones and i don't still don't think there is any resemblance apart from the fact that both are touch screen smartphones of which there are many that look similar and i don't see Apple suing them.

Lets not forget here that Apple are quite big liars, they claim to have invented everything from Video Calling to the App Store and Multi-Touch and steal copyrighted names like iCloud which do not belong to them and was never their ideas. I really hope that these things are brought up in court over these patent disputes.

People need to wake up and realise that Apple are not whiter than white and what people think they are.




+1

Posted by lemmy31
Ivd had both phones also....you seem to be taking this personally, its all a matter of opinion.....not that mine or yours is of any consequence. The people that matter have decided that they are similar enough and thats the end of it.

Like i said dont take it so personally you'll give yourself an ulcer

Posted by julias

On 2011-08-10 15:37:36, lemmy31 wrote:
Ivd had both phones also....you seem to be taking this personally, its all a matter of opinion.....not that mine or yours is of any consequence. The people that matter have decided that they are similar enough and thats the end of it.

Like i said dont take it so personally you'll give yourself an ulcer



erm i've not taken it personally at all

Was just stating the facts that Apple are not exactly in the right on this when they themselves have stolen many ideas from others and have claimed it to be there own and now that others have taken some inspiration from them they are getting all hot and bothered about it. Its market competition and as long no one stealing brand names and software i don't see a problem and many companies for centuries have taken inspiration from each other and still do today its the nature of the game.Apple need to get over it and stop being so greedy and childish because that's exactly what they are doing.
[ This Message was edited by: julias on 2011-08-10 16:08 ]


Posted by jj03
i'm sure an investigation into apple themselves would reveal a less than honest company...what goes around comes around...apple will get whats coming to them...

Posted by jplacson
Patents are NOT like copyrights. You have to file for a patent.

Most tech companies are either too lazy or too paranoid to file a patent... so when someone does file for it and no prior cases have been filed, that person WILL be granted the official patent and be OFFICIALLY recognized as the inventor.

This is not new. As early as patents have been around, patent races have existed.

If Apple has a patent, and Samsung doesn't... that's the end of it. If Samsung's lawyers aren't good enough to argue the differences, then that's not Apple's fault. If Apple stole someone's idea and had the smarts to legalize it, that isn't Apple's fault. Google and Intel know how to guard their secrets well... this is a tech war... not sandbox playtime.

Just cuz Apple has found both legal and creative ways to sell ideas (whether they are theirs or not) ... the BUYING public has spoken and bought.

It's a consumer market... people FLY to other countries to buy Apple products not found in their own. In the Phil, flights to Hong Kong and Singapore are common for Apple fanboys that want the latest product without having to wait a few weeks to get it here.

If people really wanted the Samsung Galaxy Tab in the EU, a Thalys ticket isn't that much to get a product that will never be sold in your country.

It's a marketing game... if Samsung can't spin this restriction to their advantage, that's their marketing dept fault... not Apple's. Samsung is getting so much publicity from this whole lawsuit, publicity you can't buy. It's up to them to capitalize on that.

We all vote with our wallets.

Posted by Miss UK
Sometimes I wished Apple had only kept there iPhones
In there own Country.

I really dont like seeing them Suing other manufacturers
This is bound to upset alot of ppl plus make them dislike Apple.

Besides appart from look a like devices Android isnt anything on iOS
Apple just want to proceed all these ongoings cos Google is making
Money with more devices ones that suit all ages.

Apple havent got cheaper devices if they had then it might be different.

Another thing if Apple produced more devices instead of 1 a yr
Then yes they would have the right to argue but they dont.

So basically devices coming out now have better specs then something from
A year ago.

I would love if The Companys that Apple take action against
Would all gang back on them

Posted by julias
Samsung can sell its latest iPad rival in most of Europe again after a German court yesterday lifted most of an injunction it had imposed at Apple's request.But just hours after the ban was lifted, Apple faced accusations of misrepresenting the Galaxy Tab's similarity to its iPad in a legal document that helped gain the original injunction.

A comparison image taken from page 28 of a filing made by Apple's lawyers featured a 'squashed' picture of the Galaxy Tab that looks identical in size and shape to the iPad.In reality, the Galaxy Tab is far narrower than the iPad.

Posted by skblakee
Yes, good for Samsung. Apple is being ridiculous. I hope that Apple loses the whole case and is forced to pay Samsung something very substantial for their misrepresentations.

Now Samsung, make a Tab with Super Amoled plus screen and a microSD slot.

Posted by julias

On 2011-08-17 14:27:37, skblakee wrote:
Yes, good for Samsung. Apple is being ridiculous. I hope that Apple loses the whole case and is forced to pay Samsung something very substantial for their misrepresentations.



Apple the greedy fools think they can get away with anything well this should hopefully teach them a lesson and i really hope this will bring about Samsung winning the ruling against the Galaxy phones too.
[ This Message was edited by: julias on 2011-08-17 13:39 ]


Posted by julias
Ok so Apple basically mislead the court with 'squashed' photo of Galaxy tab? If that's true then Apple are more dirty than i initially thought..

http://www.computerworld.com/[....]lawed_in_European_Samsung_case
[ This Message was edited by: julias on 2011-08-17 17:58 ]



Posted by skblakee
Apple is doggedly pursuing Samsung. Wow! They must really see Samsung as a serious threat.

Techradar
Apple chases Europe-wide Samsung Galaxy ban
Netherlands case could clinch it
Tablets News
By Kate Solomon

Friday at 10:33 BST | Tell us what you think [ 7 comments ]

could-the-end-be-nigh-for-the-galaxy-range-

Could the end be nigh for the Galaxy range?

Apple's yet-to-be-heard case against Samsung in the Netherlands could see a stranglehold placed over all Galaxy-branded tablet and smartphone sales in Europe if successful.

It's a stealth attack, with the Californian company hoping to cut off European supply of the devices by going after Samsung and its partners in the Netherlands, Europe's supply entry point for Samsung's hardware.

And it's not just the Samsung Galaxy Tab 10.1 this time; Apple's complaint lists every Galaxy device from smartphones like the Samsung Galaxy SII to the tablet line up.
End of the Galaxy

Dutch website Webwereld has extracted this information from Apple's subpoena, saying that the complaint filed extends over all Samsung's logistical affiliates responsible for distributing Samsung's products in 28 markets across Europe.

The file also includes a letter that Apple has helpfully drafted for Samsung, which demands a complete recall of stock from all European distributors and resellers.

As well as saying that Samsung will shoulder all costs, the letter drafted by Apple warns, "For the record we would like to mention the fact that by storing, offering and/or selling of the above mentioned Galaxy smartphones [and tablets], you commit infringement of the intellectual property rights of Apple Inc."

Jobs and co are not messing around here. If the courts rule in Apple's favour, the ruling could be the end of the Samsung Galaxy range in Europe and a severe blow to Android - and all because Samsung's products look a bit like Apple's.

Last week a German court granted Apple a temporary injunction banning the sale of all Samsung Galaxy Tab 10.1 slates across Europe, although this was later ruled to apply only to Germany.

The Netherlands court will rule on 15 September.

From Webwereld via ZDNet


Posted by goldenface
I don't think many people will admit that this consumer economic warfare is ultimately good for the consumer.

Less choice can't be good and I hope there is a huge backlash against them.

Posted by Tsepz_GP
This whole thing makes me sick to my stomach, especialy because Apple messed with the Galaxy S evidence as well, not just the Galaxy Tab.

Clearly they know they simply cannot compete with Samsung fairly so they do this, i realy do hope the suffer a huge backlash and learn a very valuable lesson after this, i used to have a massive amount of respect for Apple, but this has totaly put me off.

Banning Samsungs Galaxy line will ofcourse have a negative effect on Android but not a large one, there are companies like ZTE, SPICE, Huawei, BLU etc...selling tons of Androids in many devekoping economies, not to mention HTC, MOTO, SE, LG etc...at the top end, all of whom and especialy HTC are selling very well in the top end.



Posted by Bonovox
I would hardly call them complete copies. The OS is completely different for a start. Are Apple going to stop others from making tablets and phones altogether now?? Getting sick of hearing about Apple's groans as one day they will have no allies in the industry with no one to provide them with components. They even do it to HTC. Since when did Apple have the rights over everything??

Posted by goldenface
You would have to have seriously impaired vision to not know which was which if they were laid out in front of you.

I hope this turns around adn bites them in the Ass - BIG TIME!

I mean, Nokia didn't abuse it dominant position to crush everything else in sight, it struck up alliances with the aim of creating an interesting market, a plethora of devices and plenty of choice.

Someone else pointed out that in the early days, Apple played the David and Goliath card with itself and Microsoft - look at it now. An UGLY, lawsuit wielding behemoth, intent on crushing anything that even looks like it might compete.

That leopard soon changed it's spots and no mistake.
[ This Message was edited by: goldenface on 2011-08-22 18:23 ]


Posted by Tsepz_GP
Completely agree with both of you Bono & G-face.

Apple's arrogance will be the end of them.

Posted by Bonovox
I cannot understand any of this. I mean,Apple makes the iphone with a home key & someone else releases a phone with a touch screen with a home key too. So they then sue for rip off. So in other words anyone who releases a new phone from now on with ANY similar feature from Apple is basically f***ked!! It's like say Samsung suing Motorola cos Motorola put a side lock key like a Samsung phone has. Where does it end or am I missing something here?? I think Apple will be backed into a corner if not careful from everyone. They better not sue as they provide their new camera don't they??

Posted by Tsepz_GP
Its these dam patents, i did a bit of comm. law in my 1st year of uni and from what i remember for a patent to be valid one of the requirements is an Innovative Step, but it seems these days you can patent anything and when competition gets tough just sue the crap out of any manufacturer who uses the same basic design. Sad realy.

Lol! Doubt they'll sue SE, AFAIK Ericsson and even Sony have quite the patent portfolio.

Posted by Bonovox
Well,try suing they probably won't have enough money to sue them anyway I mean are all other manufacturers going to sue Apple for using VIDEO CALLING
[ This Message was edited by: Bonovox on 2011-08-22 20:31 ]


Posted by razec
If Apple sues i wonder how are they going to photoshop ARC/Neo/Ply/X8/Live/W8/X1/X2/X10/X10mini/X10 mini pro/ P1/W960/M600/W950 all of which came after the first gen iphone or if their dillusions were on the next level include P900/P910/P800/ and the R380 Imgine if or had patented the PDA/Phone design a long time ago, they could sue all major companies that will adopt the design and earn loads of $$$. that could've saved them from their financial troubles right now

Posted by skblakee
Apple is being ridiculous!

Posted by goldenface
Samsung Galaxy receives Euro in 7 countries BBC.

Posted by julias
In the latest twist Samsung has turned to Hollywood to help refute the claim that it copied elements of the design and user interface of Apple's iPad 2.Samsung submitted Stanley Kubrick's classic 1968 science-fiction movie "2010: A Space Odyssey" as evidence at a hearing in the U.S. on Monday to show that Apple never had a monopoly on the design elements in question.



Posted by julias
The Samsung-Apple patent war is far from over.After numerous patent lawsuits from Apple,Samsung has responded with another lawsuit of its own this time in France. Samsung claims that Apple has infringed on three of its technology patents regarding UMTS (Universal Mobile Telecommunications System) and "not" on the design of the tablets.


Posted by skblakee
This whole thing just stinks and they all should just negotiate settlements. Now HTC is also suing Apple. Apple is asking the court to drop Motorola's lawsuit because Motorola was bought up by Google. Now Samsung is suing Apple.

Just plain stupid

Posted by julias
Apple started this whole thing with claiming that Samsung are stealing their designs and now that Samsung and others are coming back fighting this is a fight Apple might wish they never started.



Posted by skblakee
It has gotten out of hand now though.

Posted by jj03
i hope apple get f***ed. greedy t**ts.

Posted by Residentevil
All that money for lawyers would be better spend on R&D and manufacturing jobs. What a waste.

Posted by goldenface
Apple now suing Samsung in the UK. zdnet

[groan]

Posted by julias

On 2011-09-16 04:28:07, Residentevil wrote:
All that money for lawyers would be better spend on R&D and manufacturing jobs. What a waste.



Or paid to the poor workers in Apple's slave factory's in China where many workers have commited suicide
through being overworked and stress!

Posted by masseur

On 2011-09-16 13:15:01, goldenface wrote:
Apple now suing Samsung in the UK. zdnet


according to that article, Apple is counter-suing Samsung against action "Samsung filed with the High Court in June", so Apple are not taking the first step in this case.

Also, the patents involved are unknown so I'm not sure this story without any real facts adds much to the discussion?


Posted by Miss UK
When is all this going to end aye masseur

Posted by masseur
When Apple buys everyone else out?


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