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
138 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
138 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
138 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
138 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
138 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
138 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)

Popular Stories

iOS 16 mock for article

Gurman: iOS 16 to Include New Ways of System Interaction and 'Fresh Apple Apps'

Sunday May 15, 2022 6:14 am PDT by
iOS 16 will include new ways of interacting with the system and some "fresh Apple apps," Bloomberg's Mark Gurman has said, offering some more detail on what Apple has in store for the upcoming release of iOS and iPadOS set to be announced in a few weeks at WWDC. In the latest edition of his Power On newsletter, Gurman wrote that while iOS 16 is not likely to introduce a major face-lift to...
maxresdefault

Unbox Therapy Shares Hands-On Look at iPhone 14 Pro Max Replica

Monday May 16, 2022 4:40 am PDT by
YouTuber Unbox Therapy has shared a hands-on look at the iPhone 14 Pro Max using what he claims is a one-to-one replica created by third-party case makers with access to detailed schematics and dimensions for Apple's new upcoming flagship smartphone. As with the iPhone 13 Pro lineup, in 2022, we are expecting a 6.1-inch iPhone 14 Pro and a 6.7-inch iPhone 14 Pro Max, but this time the Pro...
RIP iPod Feature

RIP iPod: A Look Back at Apple's Iconic Music Player Over the Years

Friday May 13, 2022 2:25 pm PDT by
Apple earlier this week announced the discontinuation of the iPod touch, and because it was the last iPod still available for purchase, its sunsetting effectively marks the end of the entire iPod lineup. To send the iPod on its way, we thought it would be fun to take a look back at some of the most notable iPod releases over the last 21 years. Original iPod (2001) Introduced in October...
macOS Monterey 2

Apple Releases macOS Monterey 12.4 With Support for Studio Display Webcam Update

Monday May 16, 2022 10:10 am PDT by
Apple today released macOS Monterey 12.4, the fourth major update to the macOS Monterey operating system that launched in October 2021. macOS Monterey 12.4 comes over two months after the launch of macOS Monterey 12.3, an update that added Universal Control. The ‌‌‌‌‌macOS Monterey‌‌ 12.4 update can be downloaded on all eligible Macs using the Software Update section of System...
iOS 15

Apple Releases iOS 15.5 and iPadOS 15.5 With Wallet and Podcast Updates

Monday May 16, 2022 10:00 am PDT by
Apple today released iOS 15.5 and iPadOS 15.5, the fifth major updates to the iOS and iPadOS 15 operating systems that were initially released in September 2021. iOS and iPadOS 15.5 come a little over two months after the launch of iOS 15.4 and iPadOS 15.4. The iOS 15.5 and iPadOS 15.5 updates can be downloaded for free and the software is available on all eligible devices over-the-air in...
airpodsprodesign

Kuo: AirPods, MagSafe Battery Pack, and Other Apple Accessories Also to Switch to USB-C in Future

Sunday May 15, 2022 5:59 am PDT by
Earlier this week, well-known Apple analyst Ming-Chi Kuo claimed that Apple plans to release at least one iPhone 15 model with a USB-C port in 2023. Now, in a follow-up tweet, he has claimed that accessories like AirPods, the MagSafe Battery Pack, and the Magic Keyboard/Mouse/Trackpad trio would also switch to USB-C in the "foreseeable future." Both the iPhone and all of the aforementioned...
apple tv 4k design green

Apple Releases tvOS 15.5 for Apple TV HD and Apple TV 4K

Monday May 16, 2022 9:57 am PDT by
Apple today released tvOS 15.5, the fifth major update to the tvOS operating system that first launched in September 2021. tvOS 15.5 comes more than two months after the release of tvOS 15.4, an update that brought support for captive WiFi networks. tvOS 15.5 can be downloaded over the air on the Apple TV through the Settings app by going to System > Software Update. ‌‌‌‌‌‌Apple...