Samsung Lawyers Also Struggle to Tell iPad and Galaxy Tab Apart

by

Developments continue in the wide-ranging patent dispute between Apple and Samsung, with judges in both the United States and the Netherlands making statements in favor of Apple although questions still remain.

samsung logo
Reuters reports that U.S. District Court Judge Lucy Koh yesterday ruled that Samsung's Galaxy Tab devices do infringe upon Apple's iPad patents, but noted that Apple must still show that its patents are valid in order for any action to be taken against Samsung. Koh repeatedly cited the distinct similarities between the iPad and the Galaxy Tab, even challenging Samsung's lawyers to differentiate between the two products.

Koh frequently remarked on the similarity between each company's tablets. At one point during the hearing, she held one black glass tablet in each hand above her head, and asked Sullivan if she could identify which company produced which.

"Not at this distance your honor," said Sullivan, who stood at a podium roughly ten feet away.

"Can any of Samsung's lawyers tell me which one is Samsung and which one is Apple?" Koh asked. A moment later, one of the lawyers supplied the right answer.

Meanwhile, Reuters also reports that a Dutch judge has denied Samsung's request for an injunction barring sales of Apple's iOS devices utilizing 3G technology. Counterclaims by Apple were also denied, with each party ordered to pay the other's court costs.

According to NU.nl, the judge indicated that the 3G patents cited by Samsung cover essential technologies that must be licensed under FRAND (fair, reasonable, and non-discriminatory) terms, but the terms Samsung had reportedly proposed to Apple were seen as high enough that they were not compliant with FRAND requirements.

Top Rated Comments

thewitt Avatar
121 months ago

To be fair I doubt Samsungs lawyers give a toss about the tablets. They are just there to win and paid.

The point here is that the average user cannot tell the difference, therefor copying is clearly evident - which is the point of the lawsuit to begin with....
Score: 19 Votes (Like | Disagree)
Formul Avatar
121 months ago
so basically courts across the globe are saying:
1. samsung is ripping off apple
2. samsung is trying to bully apple with their 3G patents

and yet its the apple that gets the most flak :confused:
Score: 12 Votes (Like | Disagree)
*LTD* Avatar
121 months ago
The more Samsung's legal moves are reported, the more they seem like clowns with a legal team made up of dancing bears.

Correction as per the response to my post:

It all starts with management. The lawyers simply do their bidding, which is in general true of retained lawyers.
Score: 7 Votes (Like | Disagree)
gnasher729 Avatar
121 months ago

To be fair I doubt Samsungs lawyers give a toss about the tablets. They are just there to win and get paid.

This case is about whether an ordinary consumer could be confused by similarities between an iPad and a Samsung tablet. A well-prepared Samsung lawyer should be able to keep them apart from two hundred yards away, blindfolded, or he isn't doing his job and should be fired on the spot.


I'm not agreeing with either side (as I haven't read enough about the patents in question), but if someone was to pick up two similarly sized black HP/Compaq/Dell laptops or black Sony/Samsung/Toshiba TVs, I wouldn't be able to tell them apart from 10 feet.

Owning a Samsung TV, I can say that it looks definitely different from a Sony TV (haven't ever looked at Toshiba closely). Different enough that a Samsung lawyer should recognise it from quite a distance.


And held above head height, I doubt most people would be able to distinguish between the two devices.

Exactly Apple's point.

Hardly a scientific or legally valid test.

It's not whether you can distinguish between them. If a friend visits you with an iPad shortly before your birthday, and you tell your mother that you would like an iPad just like that for your birthday, what are the chances that she would buy the wrong one for you? Or if your mother watched you using your iPad and tried it, and she goes to a store to buy one for herself? If she goes to a Sony store, and the Sony salespeople convince her that the Sony tablet, which looks very much different to her, will serve her just as well or better than an iPad, and she buys it, that's proper competition. But if she buys a Samsung tablet _thinking_ that she is getting an iPad, that is a rip-off.
Score: 6 Votes (Like | Disagree)
FNi Avatar
121 months ago

The point here is that the average user cannot tell the difference, therefor copying is clearly evident - which is the point of the lawsuit to begin with....

I'm not agreeing with either side (as I haven't read enough about the patents in question), but if someone was to pick up two similarly sized black HP/Compaq/Dell laptops or black Sony/Samsung/Toshiba TVs, I wouldn't be able to tell them apart from 10 feet.

Not sure why tablets should be the unique flower here, but I'd be happy to be corrected by someone with more knowledge of the lawsuit(s).
Score: 6 Votes (Like | Disagree)
valkraider Avatar
121 months ago
No matter what we think about this particular comparison, Samsung has screwed themselves.

Not only is Samsung starting to lose (or at best "tie") these battles in courts all over the globe - but they have pissed off Apple.

Samsung makes memory and processing chips. Apple was Samsung's largest customer. Apple has already started shifting to other vendors, and ultimately Samsung is going to lose significantly more than they stood to gain by suing Apple.

Samsung cut off their nose with no consideration for their face...

----------



To be fair an average person compares TV's in stores as well with the TV's being labeled.

The Lawyer was not in a situation that an average person would be in. He was 10 feet away from both devices. OF COURSE you wouldn't be able to see the difference.


My brand new LG TV and my year old LG TV both have nicely visible "LG" logos on the front. Even though there are only so many ways you can style a TV and they all kind of look alike, LG made a bezel that was styled in a particular way to call out the TV as an LG.

Samsung could have done so with their bezel. They could slap a nice prominent Samsung logo and maybe change the color fade or style just enough. But they didn't. They released the tablet looking *exactly* like an iPad.

Sony, Microsoft, Motorola, Amazon - they would all sue anyone who did the same to them. In fact, if you made a tablet and a company made one that looked exactly like yours - you would sue them too.

Apple is not the bad guy here, no kool-aid needed.

Samsung could have altered one of a hundred design considerations and prevented this whole mess. They didn't.
Score: 5 Votes (Like | Disagree)

Top Stories

bloodoxygenapplewatch

Apple Watch Series 7 Rumored to Feature Blood Glucose Monitoring

Monday January 25, 2021 5:05 am PST by
The Apple Watch Series 7 will reportedly feature blood glucose monitoring via an optical sensor, according to ETNews. The report, which mainly focuses on the blood glucose capabilities of the Samsung Galaxy Watch 4, explains that Apple is intending to bring blood glucose monitoring to the upcoming Apple Watch Series 7 using a non-invasive optical sensor. Measuring blood glucose levels,...
magsafecasedangle

Apple Elaborates on Potential for iPhone 12 and MagSafe Accessories to Interfere With Implantable Medical Devices

Saturday January 23, 2021 2:42 pm PST by
Since the launch of iPhone 12 models in October, Apple has acknowledged that the devices may cause electromagnetic interference with medical devices like pacemakers and defibrillators, but the company has now shared additional information. Apple added the following paragraph to a related support document today:Medical devices such as implanted pacemakers and defibrillators might contain...
14

Apple Releases iOS 14.4 and iPadOS 14.4 With New Camera Warnings and Bug Fixes

Tuesday January 26, 2021 10:04 am PST by
Apple today released iOS and iPadOS 14.4, the fourth major updates to the iOS 14 operating system that was initially released in September. iOS and iPadOS 14.4 come more than a month after the release of iOS and iPadOS 14.3, updates that brought new emojis, Intercom support, and more. The iOS and iPadOS 14.4 updates can be downloaded for free and the software is available on all eligible...
Top Stories 44 Feature

Top Stories: 'Thinner and Lighter' MacBook Air, Smaller iPhone 13 Notch, iOS 14.4 Incoming

Saturday January 23, 2021 6:00 am PST by
We continued to hear a lot more about Apple's plans for its Mac lineup this week, including word of a high-end redesigned MacBook Air and the return of an SD card slot as part of the upcoming MacBook Pro redesign. It also sounds like Apple has been working on Face ID for Mac, but it won't be appearing in a redesigned iMac this year as originally planned. This week also saw rumors about the...
14

Apple Releasing iOS 14.4 and watchOS 7.3 Later Today

Tuesday January 26, 2021 7:20 am PST by
In its Black History Month announcement this morning, Apple has confirmed that iOS 14.4 and watchOS 7.3 will be released later today. watchOS 7.3 expands the ECG app on the Apple Watch Series 4 and newer to Japan, Mayotte, Thailand, and the Philippines, while iOS 14.4 introduces a notification on iPhone 12 models with non-genuine cameras. Both software updates also add support for a new...
maxresdefault

Microsoft Touts Surface Pro 7 as 'The Better Choice' Over MacBook Pro in New Ad

Saturday January 23, 2021 11:02 am PST by
Microsoft yesterday shared a new ad on YouTube titled "Microsoft Surface Pro 7: The Better Choice," in which the company compares its tablet computer to Apple's 13-inch M1 MacBook Pro, as spotted by MSPoweruser. The ad highlights the Surface Pro 7's touchscreen and included stylus as opposed to only a "little bar" (the Touch Bar) on the MacBook Pro. Other advantages of the Surface Pro 7...
apple watch black unity

Apple Celebrates Black History Month With Limited-Edition Watch, Featured Apps and Books, and More

Tuesday January 26, 2021 6:14 am PST by
Apple today announced that it will be celebrating Black History Month with curated content that highlights and amplifies Black creators, artists, developers, and businesses across the App Store, Apple Music, the Apple TV app, Apple Books, Apple Podcasts, and more. The content will be featured throughout the month of February. Black Unity Sport Band has "Truth. Power. Solidarity." ...
7

Apple Releases watchOS 7.3 With Unity Watch Face, Expanded ECG Availability and More

Tuesday January 26, 2021 10:03 am PST by
Apple today released watchOS 7.3, the third major update to the watchOS 7 operating system that was released in September. watchOS 7.3 comes more than a month after watchOS 7.2, an update that brought support for Apple Fitness+ ‌‌The watchOS 7.3 update‌‌ can be downloaded for free through the dedicated Apple Watch app on the iPhone by going to General > Software Update. To install...
time to walk apple watch

Apple Fitness+ Feature 'Time to Walk' Launching Soon With Audio Stories From Special Guests

Saturday January 23, 2021 7:13 pm PST by
Earlier this week, Apple seeded the watchOS 7.3 Release Candidate, which is typically the final beta version of a software update. The release notes for the update list a new "Time to Walk" feature for Apple Fitness+ subscribers, described as "an audio experience in the Workout app where guests share inspiring stories as you walk." Apple Fitness+ subscribers will be able to open the Workout...
apple dan riccio

Dan Riccio Transitioning to New Project, John Ternus to Lead Apple's Hardware Engineering Team

Monday January 25, 2021 2:05 pm PST by
Apple today announced that current Apple hardware engineering SVP Dan Riccio is transitioning to a new role where he will focus on an unspecified project, with John Ternus set to take over as Apple's senior vice president of hardware engineering. In a statement, Apple CEO Tim Cook said that Riccio made Apple a better and more innovative company, and that Ternus will bring a deep expertise...