Apple expands lawsuit to include Samsung's cases for their phones and tablets
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Since Apple objects to the physical similarity of Samsung's devices - both tablets and smartphones, it makes sense that Samsung's cases would be objectionably similar. Of course similarity isn’t the same thing as infringement – that’s something the Australian courts will have to decide. In the meantime, we can all take a moment to reflect on this new (and unpleasant) stage in the smartphone wars, as the accessories to our electronic gadgets become one more excuse to take the battle out of consumers’ hands and into a court room.
source: Bloomberg Businessweek via TiPb
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32 Comments
2. thatoneguy16 posted on 20 Dec 2011, 15:15 9 2
As much as i hate apple you got to admit that the smart case is just a total rip off, of the smart cover
3. roldefol posted on 20 Dec 2011, 15:15 5 4
"Somewhat similar"? Holy crap, it's almost identical. I'm with Apple on this one. They can't claim a design patent on every rounded-off-rectangle out there, but not all of their complaints are frivolous.
And before you all jump on me, I have no great love for Apple, but when competitors start copying distinctive design elements like this (or Apple's plugs, wall adapters, etc), I think they have a valid argument.
7. remixfa posted on 20 Dec 2011, 15:29 9 2
no, its a total rip off.. but SHHH dont tell the apple fanatics that, they think that they are logical and everyone else is an evil biased fandroid.. lol
9. Pdubb posted on 20 Dec 2011, 15:39 3 0
I was going to say the same thing. Yeah this one isn't even a question of copying.
4. davecann2 posted on 20 Dec 2011, 15:21 4 0
I was about to say "Here comes all the iHatters with their negative comments towards Apple" but its good to see support for a justified lawsuit.
5. LewsTherin006 posted on 20 Dec 2011, 15:23 4 2
those things are ugly, apple is doing everyone a favor.
6. tacohunter posted on 20 Dec 2011, 15:27 1 1
The problem with design patents is that they're subjectief. But this is identical, subjectif opinion or not it's exact the same. And also the idea of a smart cover is patented.
11. iamcc posted on 20 Dec 2011, 15:40 1 0
The only difference I can think of is this must not attach by magnet because I don't think there are magnets on the GT10.1 like there are on an iPad.
So the fact that the smart cover concept is patented probably won't apply but regardless of that they look absolutely identical.
12. tacohunter posted on 20 Dec 2011, 15:43 2 0
Finally some article where we can all agree this is justified. Why can we agree. As you said so looks identical
20. taz89 posted on 20 Dec 2011, 16:02 2 0
I think the reason everyone hear agrees with this one is that it looks pretty much exactly the same....where as with tab there was enough difference such as no home button different aspect ratio,the back was completely different,had 2 speakers etc etc that you can defend Samsung but with this even the die hard android fans have to agree that its a rip off.
8. remixfa posted on 20 Dec 2011, 15:30 8 2
in other news, Apple is suing Sesame street for saying "Today's episode was brought to you by the shape.. rectangle", without proper apple logo permission or logo display. :)
10. iamcc posted on 20 Dec 2011, 15:39 1 0
Yeah that looks absolutely identical... I wish I could get my hands on one actually because then maybe i'd actually use a case for my GT10.1
This one they will surely win, and rightly so.
13. remixfa posted on 20 Dec 2011, 15:45 4 2
u know what would be hilarious? if they lost this one some how. I dont know how they would lose it, but if they did i would fall over laughing.
14. readingthissh1t posted on 20 Dec 2011, 15:49 2 2
tsk, tsk samsung. justified lawsuit against the cases, Apple.
15. mukrenol posted on 20 Dec 2011, 15:53 6 1
unless i can use the samsung version case on an ipad, then it should not be copying...and btw, apple, might as well sue everyone that makes cases
apple need to make good products, not sue everyone
proof your products are better then people will buy them regardless
16. Dmann posted on 20 Dec 2011, 15:54 6 1
Aren´t these the third party cases that Samsung didn´t even let hit the market?
And about the design, wasn´t it originally from Incase?
http://www.engadget.com/2011/07/19/samsung-pulls-controversial-anymode-smart-case-says-it-never-re/
http://www.engadget.com/2011/03/03/apple-ipad-2-smart-cover-vs-incase-convertible-magazine-jacket/
22. tacohunter posted on 20 Dec 2011, 16:07 1 0
Yeap, For the most part the design was from incase, but the magnet system is totally apple. (I saw the vids)
They look so identically. +1 for giving a good source.
24. Dmann posted on 20 Dec 2011, 16:15 4 0
Thanks. By reading the source of this news I don´t think they even know what cases Apple is suing Samsung for.
In regard of this particular case, if the design is mostly from Incase, and it doesn´t have magnets, there is not much stolen from Apple.
It looks like they picked the case that looked the most like Apple´s for the sake of the article.
17. taz89 posted on 20 Dec 2011, 15:57 0 0
as much as I think most of apples claims are bull***t, this time I agree 100% those are complete rip offs of the smart covers....although i read somewhere its not made by Samsung themselves but it is sold in there stores.
18. tacohunter posted on 20 Dec 2011, 16:00 1 0
Guess what....I'm using the real smart cover right now.
19. buggerrer posted on 20 Dec 2011, 16:02 3 0
Samsung DOESN'T make these covers .. they are made by 3rd party .. and yet not approved by samsung as " Designed for Samsung Mobile " :)
21. taz89 posted on 20 Dec 2011, 16:05 1 0
that's what I've been reading from multiple sources that these are not Samsung/1st party cases but 3rd party cases by anymode or something...the connection anymore has is that the owner is related to the CEO of Samsung or something like that.
25. Dmann posted on 20 Dec 2011, 16:21 2 0
As I said, they probably used that picture for the sake of the article and didn´t do any background check.
27. blackrose posted on 20 Dec 2011, 17:06 1 2
Just was about to post the cases are 3rd party and not yet approved my samsung and etc. But a few got here first. Apple is just throwing things at the wall to see what sticks now.
28. Slammer posted on 20 Dec 2011, 17:33 1 1
I'm not much up on the legal aspects, but considering these cases may have a patented design by Apple and manufactured by a third party, it seems to me that it would be the third party that is more directly a target for lawsuit; Not Samsung. The third party defaulted on an agreement.
Also:
If these case designs are sole property of third party, I believe they can sell this same design to whom ever they wish unless licensed to Apple. In this case it would appear again breach of contract on third party's part.
However,
If both manufactures make their own cases, then I see a valid argument in Apple's defense.
This lawsuit smells of another attempt by Apple to stymie competition by way of frivolous game rules.
Anyone????
John B.
29. 530gemini posted on 20 Dec 2011, 18:02 2 0
This already came out many months ago. I thought it was not Samsung who copied the smartcover. But I do see them become liable if they gave it an official stamp as an official accesory for their tablets. Otherwise, Apple should go after the 3rd party maker, not samsung.
32. ilia1986 posted on 21 Dec 2011, 04:10 1 0
Well what about the zillion other 3rd party manufacturers who make non-genuine Apple chargers, data cables, adapters and whatnot - which look exactly like those made by Apple - only difference being that they are actually sold at a price which is - you know - SANE? Should Apple go after these too?
Face it - when it comes to 3rd party manufacturers of accessories and such - you can't take em all out. And that's good because NOBODY wants to pay 30$ for some "Genuine" Power plug.
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