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Apple wants December 6th motions hearing moved up

Posted: , by Alan F.

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Apple wants December 6th motions hearing moved up
Originally, Judge Lucy Koh was to hear on September 20th, Apple's motion for a preliminary injunction on the Samsung devices that the jury ruled had infringed on Apple patents. But when the judge discovered that Apple would be seeking a preliminary injunction on 8 Samsung devices, she decided that other post-trial motions should be listened to first and pushed back Apple's hearing to December 6th. The judge decided that September 20th would be the date when Samsung requests that a preliminary injunction on the Samsung GALAXY Tab 10.1 be dissolved. The judge had placed the ban on the tablet pre-trial, based on her decision that a jury would probably find that the device copied Apple's design. Instead, the jury ruled that the tablet did not violate Apple's design patents for the iPad, although it did find that the unit infringed on Apple's software patents.

Can you tell which tablet is which?

Can you tell which tablet is which?

Apple is upset with the change in the hearing dates because it would allow Samsung to sell some of the products in question during most of the holiday shopping season. The company also says its motion for "injunctive relief" is more urgent that Samsung's request to dissolve the preliminary injunction on the Samsung GALAXY Tab 10.1. Apple says that Samsung's motion should not be heard before its motion.

Both sides have their Rule 50 motions to argue. These are motions heard by the judge, requesting changes in the jury verdict.  For Samsung, it is seeking to overturn the jury's decision. For Apple, it will argue that the Samsung GALAXY Tab 10.1 is an Apple iPad look-alike and would like the judge to direct a verdict against Samsung for infringing on Apple's design patents. That would allow Apple to keep the U.S. sales ban on the tablet. That injunction not only blocks Stateside sales of the GALAXY Tab 10.1, but also "any future products that are no more than colorably different," which is why the Samsung GALAXY Tab 10.1N can't be sold in the States. That tablet was rolled out by Samsung in Germany to get around an injunction in that country. The difference between the two tablets is the metal trim that was added to the Samsung GALAXY Tab 10.1N.

Additionally, citing Judge Koh's pre-trial decision that the Samsung GALAXY Tab 10.1 infringes on Apple patents, and the words of Circuit Court Judge O'Malley's dissenting opinion that the tablet did infringe on Apple's IP, the iPad manufacturer is seeking a permanent injunction on Samsung's tablet.

source: FOSSPatents via electronista

69 Comments
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posted on 01 Sep 2012, 02:57 37

1. Savage (Posts: 431; Member since: 28 Jul 2012)


Of course I can tell which tablet is which. Look at the Samsung logo plus the screen on the Galaxy tab isn't wasted by just displaying 5 icons per row.

posted on 01 Sep 2012, 03:23 29

6. SlimSoulja86 (Posts: 642; Member since: 03 Nov 2011)


I just wonder if all this will ever stop and we are allowed to just enjoy innovative technology that will make our lives easier. I'm embarrassed for Apple. They are loosing our support as Apple products lovers, bcos if they keep winning, they will not have competitors, and without competitors, there is no one to compete with, which means you dont bring your A game into the field (with your USP), which means less exiting innovations.

posted on 01 Sep 2012, 06:27 19

20. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)


It could have ended. But, nine morons let it continue on.

posted on 01 Sep 2012, 09:22 1

32. serious9010 (Posts: 254; Member since: 20 Jul 2012)


@SlimSoulja86: You have the Apple profile pic only because it seems to add more weight to your anti-apple comments. You might as well put your fandroid profile pic back on. Fraud.

posted on 01 Sep 2012, 10:35 8

40. Googlethis (Posts: 168; Member since: 05 Jul 2012)


How is he a fraud when he is correct it is embarasing that apple keeps getting into lawsuits. He supports apple but dose not want the compition to go away cause it will mean they don't have to work as hard to show up the compition each year. it also tarnishes there public image as well. Apple the great patent troll is that what you want your company to be known as a patatent troll or how about anti competative. i can understand the fact why they are sueing but not how they got some of there patents in the first place such as a patent on rounded edges and swipe to unlock etc.

posted on 01 Sep 2012, 12:37 2

52. jroc74 (Posts: 4076; Member since: 30 Dec 2010)


You dont have to worship and kneel before Apple and their products to like and use em.

Slim is an example of an Apple, iPhone user....I have a feeling you would be an example of an iFan.

posted on 01 Sep 2012, 13:36

57. serious9010 (Posts: 254; Member since: 20 Jul 2012)


Nope. I just dislike the way he tries to make his arguments more valid. It is like if I were to say to you that I don't even use Apple products, just to add weight to my comment.
I have a reason to believe, he is infact an Android user trying to sneakily hate on Apple.

posted on 01 Sep 2012, 14:16 5

61. wassup (Posts: 565; Member since: 23 Jun 2011)


You do know that even users of iproducts are starting to realise that apple is a rotten company ...
So, he might not be lying, he is just smart

posted on 01 Sep 2012, 23:45 2

67. 305Bucko (Posts: 506; Member since: 07 Aug 2011)


NGL I am an iPhone owner.
NGL I dont like apples practices and business ethics (let alone iOS)

I sympathize with SlimSoulja, and commend him on being brave enough to use that as his avatar amongst so many raging Android users.

posted on 01 Sep 2012, 03:24 23

8. neutralguy (Posts: 1152; Member since: 30 Apr 2012)


only a moron can't differentiate the two. put "i" on that moron.

posted on 01 Sep 2012, 09:28 1

34. serious9010 (Posts: 254; Member since: 20 Jul 2012)


That is not true. Sure, people interested in technology can differentiate the two, but people who don't give a f**k about tech mostly can't and not because they're stupid, they just see two extremely similar tabs infront of them.

posted on 01 Sep 2012, 11:27 8

42. MartyK (Posts: 669; Member since: 11 Apr 2012)


SO they can see the BIG AZZ PICTURE of a APPLE on the FRONT or BACK of the TABLET or Phone?.

SO when the buy a TV they don't have a clue who the manufacture of the TV, Car, Refridgerator, Blu-ray player?

Dang people are STUPID!..maybe they should be ban from buying food too (box of cereal can be confusing) SMH

posted on 01 Sep 2012, 11:46 7

44. picka_vi_materina (Posts: 157; Member since: 21 Nov 2011)


So, what your trying to say is that all tablets are the same? They have large screens, tiny bezels and rectangle designs. Also, those average Joes you refer to, know the difference between Samsung and Apple for sure. They buy a Samsung because they want a Samsung, they buy an Apple because they like fruits.

posted on 01 Sep 2012, 11:27 4

43. redsox420 (Posts: 90; Member since: 27 Aug 2012)


Apple used that same analogy in court. They blamed the consumers who bought products @ BestBuy who couldn't tell them apart. They (consumer) thought they were buying the others product. I lay blame completely on the sales people and the buyer for not verifying what you A: Want and B: What you are paying for. Consumers are dumb.. They like shiny and mesmerizing without doing their own homework.
Its no wonder why most people end up complaining about their choices, they fail to do their homework before their purchase. I can tell them apart easily. Apple uses a 3d effect dock on every iphoney and imaxipad, plus they aren't even the same physical size and the icons give it away

posted on 01 Sep 2012, 11:47 6

45. picka_vi_materina (Posts: 157; Member since: 21 Nov 2011)


It says Samsung on the device consumers bought. They sure as hell know how to read and what company Samsung is.

posted on 01 Sep 2012, 13:39

59. serious9010 (Posts: 254; Member since: 20 Jul 2012)


@pička_ti_materina

I still think the aforementioned tablets are too similar.

posted on 01 Sep 2012, 15:47 3

63. picka_vi_materina (Posts: 157; Member since: 21 Nov 2011)


I still say all humans look like me. Shall I patent my design and sue everyone that looks like a human being?

posted on 01 Sep 2012, 07:12 13

25. som (Posts: 768; Member since: 10 Nov 2009)


All people in the World must boycot and stop buying Apple is copycat company. Apple is trying to destroy Samsung smartphone business while currently Apple have no new iPhone to sale. Samsung must stop doing business with crazy rotten Apple.

posted on 01 Sep 2012, 11:54 2

48. bucky (Posts: 1222; Member since: 30 Sep 2009)


I think a huge ruling that just came would say otherwise.

posted on 01 Sep 2012, 12:04 2

50. tedkord (Posts: 3953; Member since: 17 Jun 2009)


Let's just wait and see how much of the ruling withstands appeal. I wouldn't be surprised to see Judge Koh invalidate a good portion of it. It obvious from her warnings to Apple prior to the end of the trial that she saw merit in some of Samsung's defense, as she thought it would end badly for both sides.

posted on 01 Sep 2012, 13:25 2

55. stealthd (Posts: 870; Member since: 12 Jun 2011)


It's amazing people are this delusional. Samsung copied Apple. Get over it.

posted on 01 Sep 2012, 14:05 4

60. tedkord (Posts: 3953; Member since: 17 Jun 2009)


No more than Apple copied LG (Prada), Palm (grid of icons with several docked at the bottom), Neonode (side to unlock), the iPad design (Fidler's tablet) and so on.

posted on 01 Sep 2012, 18:21 1

65. bucky (Posts: 1222; Member since: 30 Sep 2009)


There is a 100+ page book that lets you know who copied who. Samsung even as far as to hire the same girl from apples commercials. Ever seen a Samsung store? Looks very familiar to another store but I just can't put my finger on it...

I love my sgs2 as much as my iPhone but Samsung need to work on a different image. Even htc users will tell you that.

posted on 01 Sep 2012, 07:33 3

27. Droid_X_Doug (Posts: 5289; Member since: 22 Dec 2010)


How about 4:3 vs. 16:9 (aka the Sammy tablet is taller and not as wide as iPad) form factor? It will be interesting to see how Koh decides the Rule 50 motions. Decisions for Sammy will indicate the judge doesn't agree with the jury verdict, which won't be good for Apple's chances on appeal.

posted on 01 Sep 2012, 13:27

56. stealthd (Posts: 870; Member since: 12 Jun 2011)


So you think as long as it has the Samsung logo on it, it doesn't infringe anything? So they could literally just take an iPhone, put the Samsung logo on it, and you think it wouldn't be guilty of anything? Brilliant.

posted on 01 Sep 2012, 21:35 1

66. Savage (Posts: 431; Member since: 28 Jul 2012)


Samsung's Tab looks nothing like an iPad. Plus the people have a very nasty habit of displaying the app drawers and they conveniently ignore the Galaxy Tab's home-screen. If that argument were even valid, every tablet in the market looks like an iPad. I suggest you use them both and see for yourself.

posted on 02 Sep 2012, 08:14 1

69. jroc74 (Posts: 4076; Member since: 30 Dec 2010)


Exactly. The fact that EVERY comparison pic I see has the app drawer open on Galaxy tablets....makes any look alike, copy claims invalid to me.

posted on 01 Sep 2012, 03:04 9

2. u-suck-more (Posts: 529; Member since: 26 Aug 2011)


if Apple wants things their way, they should at least learn to WAIT. nth ever comes easy Apple!

posted on 01 Sep 2012, 03:05 14

3. ddeath (Posts: 153; Member since: 14 Apr 2012)


Maybe they think everyone is an iDiot and iLliterate in US of A and thus cannot read what is printed on the Samsung tablet and the box that states Samsung Galaxy Tab.

posted on 01 Sep 2012, 11:47 1

46. bomariam1 (Posts: 30; Member since: 08 May 2012)


At least your legal system is.

posted on 01 Sep 2012, 03:07 16

4. Nookie4u (Posts: 127; Member since: 13 Aug 2012)


Apple apple, when are you going to quit this nonesense???

posted on 01 Sep 2012, 12:06 2

51. Kim_geekgurl (Posts: 3; Member since: 01 Sep 2012)


yes apple plz stop! i can't deal with this anymore.

posted on 01 Sep 2012, 03:17 17

5. AstronautJones (Posts: 169; Member since: 01 Aug 2012)


Take the brand markings off most cars and the majority of people would not know which is which.

Seriously, does ANYONE think a SINGLE Galaxy Tab sold because someone thought it was an iPad?

posted on 01 Sep 2012, 03:24 7

7. mercorp (Posts: 955; Member since: 28 Jan 2012)


they are really impatient,all for the sake of getting their iphone 5 to monopolise the market.

posted on 01 Sep 2012, 03:44 8

9. J1919 (Posts: 31; Member since: 28 Aug 2012)


Why hasn't LG sued the pants off Apple yet?
http://www.gizmodo.com.au/2012/09/check-out-lgs-ip ad-from-2001/

posted on 01 Sep 2012, 03:55 9

12. jael206 (Posts: 114; Member since: 18 Jul 2012)


wow.. nice read.

i hate apple. period

posted on 01 Sep 2012, 03:55 3

13. J1919 (Posts: 31; Member since: 28 Aug 2012)


eek, broken link. just bidge the gap between ip _ ap (ipad)

posted on 01 Sep 2012, 12:44 1

53. MartyK (Posts: 669; Member since: 11 Apr 2012)


I am wonder why Samsung Atty never brought this into trial?.

Samsung really need to request a refund from these atty. hahaha

http://www.linuxfordevices.com/c/a/News/LG-demonstrates-wireless-Linux-Web-pad-at-CeBIT/

posted on 01 Sep 2012, 03:50 3

10. Bernoulli (Posts: 1403; Member since: 01 Sep 2012)


Lmao lol

posted on 01 Sep 2012, 03:51 4

11. kanagadeepan (Posts: 592; Member since: 24 Jan 2012)


Now the "scum of this world" is insulting its customers too, saying those iProducts lovers are too stup!d to find difference between iPad and GalaxyTab...

posted on 01 Sep 2012, 04:18 7

14. kombinatonz (Posts: 25; Member since: 28 Aug 2012)


I hope you apple fans realize what apple is making consumers out to be. They trying to say people (consumers) are not intelligent to figure out the difference between Apple & Samsung products. How insulting that is... The main reason the won the case in America because its a Americas best company. They cant pull this s**t in other countries. I really hope Apple Burn in the coming year

posted on 01 Sep 2012, 04:52 11

15. phitch (Posts: 214; Member since: 06 Mar 2012)


I think Apple just stole Braun and LG industrial designs and patented them as fast as money would let them. I also want to punch Samsung's legal team in the face. Galaxy S was released in 2010, iPhone 4 in 2010. The Galaxy S was found to infringe on the 3gs design, but... 1) Apple was selling phones on AT&T only, if someone wanted an iPhone they had to get it from AT&T only. Any phone on any other carrier was competing with an entirely different group of phones. 2) At release of the Galaxy S the iPhone 4 was out and it had an entirely different design. People weren't buying iPhone 3gs from AT&T still unless they were buying them CHEAP and not at full price. Therefore the amount of "profit" they could have possibly lost from the Galaxy S selling on AT&T was beyond minimal. AT&T wanted people to buy the iPhone not the Galaxy, they wouldn't push people into buying the Galaxy. Anyone who bought a Galaxy did so because they either wanted a Galaxy or the phone they wanted wasn't on their carrier, period.

posted on 01 Sep 2012, 07:57 4

29. jroc74 (Posts: 4076; Member since: 30 Dec 2010)


+1 to the Braun reference.

I have yet to see Apple fanboys explain that one..

posted on 01 Sep 2012, 10:12 5

36. Savage (Posts: 431; Member since: 28 Jul 2012)


OH MY GOD. That is actually a valid point.
How come Samsung's attorneys missed it?

posted on 01 Sep 2012, 05:30 1

16. phitch (Posts: 214; Member since: 06 Mar 2012)


Well isn't this an interesting patent:http://1.usa.gov/UimDvE Look at the front design.

posted on 01 Sep 2012, 05:40 2

18. phitch (Posts: 214; Member since: 06 Mar 2012)


http://1.usa.gov/T5ChLrhttp://1.usa.gov/PTuW0O

posted on 01 Sep 2012, 05:31 6

17. sam90 (Posts: 2; Member since: 27 Jan 2012)


Apple will even sue American farmers for using their trademarked name “Apple” for a spherical fruit....ha ha LOL

posted on 01 Sep 2012, 17:11

64. Googlethis (Posts: 168; Member since: 05 Jul 2012)


Please don't give apple ideas for there next target.

posted on 01 Sep 2012, 06:18 4

19. smithyena (Posts: 1; Member since: 01 Sep 2012)


Well... Well... I am really displeased with Apple. For all I care, they are not allowing for innovations. For this, I am not going to buy an apple product anymore.... especially with the better options out there

posted on 01 Sep 2012, 06:33 4

21. Peter27 (Posts: 233; Member since: 13 Jul 2012)


All prepare for a sickening article where Apple is adding galaxy S3 Galaxy note and galaxy note 10.1 into lawsuit. Just read it on different website. Makes me really sick.
Looking forward to read comments on that in here.

posted on 01 Sep 2012, 06:40 2

22. andro. (Posts: 1927; Member since: 16 Sep 2011)


Apple are continuing to reaches new lows. Surely they should see the very poor public PR all this nonsense is generating.

posted on 01 Sep 2012, 06:49 3

23. mukrenol (Posts: 90; Member since: 03 Sep 2011)


sure ban all you want, samsung would already have new devices out

dear apple, you are turning the states into a communist party....
block all foreign media mediums... the free states is no longer free due to your beloved lawsuits and monopolization

while the world is moving forward, you my friend is moving backwards...

posted on 01 Sep 2012, 07:01 2

24. rusticguy (Posts: 2811; Member since: 11 Aug 2012)


Perhaps this is just a reaction after getting to bear the "THERMAL" impact of their so called "THERMO Nuclear" strategy in Japan where they have lost and have been ordered to pay the legal fees. More they get beaten outside their homeland better it is. Or this could just be reaction on samsung's statement that they will sue as soon as the next iphone with LTE comes out.

It is sruprising how APPLE survives/thrives by ridiculing and insulting the INTELLIGENCE of buyers of their products. Buyers ought to be really dumb if they buy Apple's crap even after having their intelligence insulted & ridiculed.

posted on 01 Sep 2012, 07:23 6

26. som (Posts: 768; Member since: 10 Nov 2009)


iPhone lovers like to wasted money on Chinese made product. Those iPhone jobs should be in America like Samsung recently spent $4 billion expanding plant in Texas.

posted on 01 Sep 2012, 07:51 4

28. Aeires (unregistered)


Come on Alan, when you walk into a store and turn on a Tab, it doesn't go to the app drawer. Why did you post that cheap shot image?

posted on 01 Sep 2012, 08:19 6

30. jailbreakstation (Posts: 3; Member since: 01 Sep 2012)


Dear All, please stop all this because it is in a way blocking the innovation and users are unable to get what they want... Let people decide what is right and what is wrong?

posted on 01 Sep 2012, 08:38 2

31. networkdood (Posts: 5618; Member since: 31 Mar 2010)


Can I tell which is which - the one on the right is android - look at the very bottom of the screen - distinct from the ipad.

posted on 01 Sep 2012, 13:25 4

54. remixfa (Posts: 13902; Member since: 19 Dec 2008)


more icons, tighter grid, top row alerts, bottom row action bar, widescreen aspect ratio.. oh yea, and the ipad is on its home screen while the Tab is on its app screen.. the same old trick.

Yea, they are easy to tell apart to anyone thats not brain dead.

posted on 01 Sep 2012, 15:26

62. downphoenix (Posts: 2235; Member since: 19 Jun 2010)


Maybe it you were about a hundred feet away or more (or less depending on your eyesight), I can see where the distinction would be made that they look similar. Otherwise, yea.

posted on 01 Sep 2012, 10:32

39. lyndon420 (Posts: 1642; Member since: 11 Jul 2012)


I'm curious what the sales of the iPad and Tabs are like right now.

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