German court upholds Samsung Galaxy Tab 10.1 injunction
0. phoneArena 09 Sep 2011, 08:39 posted on
The seemingly endless legal fight between Apple and Samsung has taken yet another turn as a German court in the western city of Dusseldorf has upheld the preliminary injunction issued last months…
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1. ilia1986 (unregistered)
Apple will be remembered as the company who sued Samsung - and then went down because of the public's negative reaction towards it.
4. kainy (Posts: 165; Member since: 10 Aug 2011)
Don't think so ... But i think Apple do this because the Galaxy tab is the only real competitor to the iPad and I guess that Apple are defending it's market share by this moves as they have silly design patents they will sue because they basically have the right to do so ... if you ask me I don't like neither the iPad, neither the Galaxy tab. I'm waiting for a Win8 tablet but i think that this is not right, that's not defending intellectualism property but pure milking money... and that's sad.
36. The_Miz (Posts: 1496; Member since: 06 Apr 2011)
Oh yeah, because Apple being the company with more money in the US than any other company and the US itself means they will go down. How dare Apple sue to protect their products.
49. jbash (Posts: 342; Member since: 07 Feb 2011)
its not hard to have more money than the US, I have more money than the US, I'm not trillions in the deficit. =P
95. remixfa (Posts: 14255; Member since: 19 Dec 2008)
ya, were about to be even more poor with obama demanding that we pass another 500 billion stimulous union spending fund for "job creation". ya know, cuz the last 3 trillion did so much.
101. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)
haha isn't it 200 billion? but i agree.. its sad that obama adds government jobs which are payed by taxes which do nothing at all for the economy.. only private jobs do stuff which he sucks at fixing... we need a businessman as president... and no not steve jobs.. if meg whitman had gotten california and been successful, she could have been a good candidate
109. remixfa (Posts: 14255; Member since: 19 Dec 2008)
im in the "anyone but obama" club right now.. well, except for Bachman who is a lunatic. I'd love Cain to be the nominee. Send a business savy and intelligent (without the teleprompter) black man up against obama. That would scare the bejeezus out of liberals because it would split up the minority vote.
72. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
@illa....by android fanboys. But the rest of the world will always remember Apple as a company that revolutioned smartphones in 2007 with their iphone, and again revolutionized the tablet with their ipad, and as a tech company that went into oblivion and was able to rise up as one of the world's most poweful and lucrative tech company :)
Oh, and not to forget that they also revolutionized mp3 players with their ipods :)
2. whattheheck (unregistered)
This is a global disgrace. SMH!!
42. corps1089 (Posts: 492; Member since: 20 Jan 2010)
"“minimalist, modern form,” and both shared common elements like the flat screen and round edges"
How can you make a tablet that doesn't fit that description!!!!!!!!!!
~include 4" spikes of razor sharp glass on the touchscreen?
88. cheetah2k (Posts: 1248; Member since: 16 Jan 2011)
So let me get this straight.. One Judge has the power to make a decision on behalf of millions of consumers...
Thank God for grey imports :)
114. darkkjedii (Posts: 17057; Member since: 05 Feb 2011)
Unfortunately yes. Especially in europe :(
3. Tre-Nitty (Posts: 462; Member since: 16 Nov 2010)
Yeah, they wont. Just admit it, Samsung clearly copied Apple in certain things. Take your fanboyism outta of it. The courts are clearly seeing it different than the average consumer. I think Samsung makes great products but this ruling is gonna hurt.
6. ilia1986 (unregistered)
Ok.. well I think I'm beginning to see the light here. I now understand that the judge said that the Tab looks a lot like the iPad because of the hardware - and not because of the software - which is obviously totally different. That is because he said that other tablets from Acer or Asus are not similar to the iPad.
Now let me get this straight:
I still think that the G-Tab doesn't look like the iPad at all - and obviously I think that the decision to ban it in Germany is wrong - but it IS a relief that that judge is not completely blind - and he recognizes the fact that Android looks absolutely nothing like iOS - unlike Apple which continues to be ignorant as ever.
73. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
@illa. The light that you're seeing are fires from hell, coz that's where haters like you are heading to, bwahahahahaha
103. ilia1986 (unregistered)
Right.... Hell is where Apple is heading to, you ignorant stupid troll.
Oh but I worry not. Now that we know that even the most Apple-biased judge in the world recognizes that Android\TouchWiz is nothing like iOS - Apple will not have any further luck in other stupid injunctions vs other manufacturers.
5. Sniggly (Posts: 7296; Member since: 05 Dec 2009)
Bulls**t decision. Apple's design is too minimalistic to ban anything that looks similar to it. This is also where Apple tried to muck with appearances by scaling down the Galaxy tab.
No matter though. Even if Apple wins right now, Samsung will still come back with new products, because they spend more money on R&D than litigation.
71. ilia1986 (unregistered)
Here is some brain tissue to put in your head. Oh wait - incompatible with Apple hardware. iForgot.
74. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
@illa. He doesn't need a tissue. Apple was victorious remember? Oh well, maybe for his tears of joy :)
7. remixfa (Posts: 14255; Member since: 19 Dec 2008)
another crap decision. The galaxy tab looks identical but other tablets look totally different? Sorry but no android tablet looks like an ipad.. they all use different aspect ratios.. but most android tablets look similar to eachother. Its just the nature of the game.
If i were samsung I would go back to the factories and make a minor modification to the outter case.. maybe put a notch in it or something, then start selling that. Let apple sue over old designs while u sell the new ones.
81. stealthd (Posts: 1067; Member since: 12 Jun 2011)
Keep pretending the aspec ratio makes it look completely dissimilar. Anyone with eyes can tell it doesn't.
94. remixfa (Posts: 14255; Member since: 19 Dec 2008)
ya.. one is a square.. one is a rectangle.. totally the same.
8. Kjayhawk (Posts: 293; Member since: 07 Oct 2010)
WOW Phonearena... Took a while for you to get this story up...
The Tab did resemble the ipad, no doubt. But to say they have the same minimalist design is pretty stupid. hopefully samsung will now create better designs. Lets be honest that button in the middle is just plain f**king stupid.. I don't think the galaxy tab had that button but still that s**ts got to be fixed.
Oh s**t this chicks about to die!!! oh man shes in the water rookie mistake indeed shes got some nice batch so I mean its cool. You can defiantly tell this was filmed in a pool, But still i would f**k the chick and the dead chick they fine as hell. like before she died not now shes all white and blue not cool you know. sorry watching a movie.
9. pongkie (Posts: 518; Member since: 20 Aug 2011)
Germany is missing......SAD
Apple can sue & win over every competition out there but in the end they will destroy themselves. People LOVE choices, if you don't have one you'll get tired of what you have. Its just human nature.
10. ilia1986 (unregistered)
Unfortunately, iSheep tend to be ignorant enough to not realize this.
75. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
@illa. While android fanboys just don't know when to accept defeat and would rather look dumb denying Apple's victories :)
104. ilia1986 (unregistered)
What defeat you ignorant moron? That they banned 2 devices from one manufacturer in one country? LOL. You really think that's going to stop Android? Or Samsung for that matter?
82. ivanko34 (Posts: 617; Member since: 04 Sep 2011)
Lucky that the german judge didnt decided to send all galaxy owners to german extermination camps
89. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
@ivanko. They really should, along with the android fanboys, hahahahaha
119. AKm007 (Posts: 108; Member since: 06 Sep 2011)
Gemini, you know what happened to the Nazis later. Thats where you isheep are heading. :)
11. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Another win for Apple while fanboys continue to deny the obvious.
12. Sniggly (Posts: 7296; Member since: 05 Dec 2009)
The obvious? You mean the obvious fact that the German judge has his head up his ass?
16. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
The obvious which is samsung copied Apple's hardware design and touchwiz copied iOS. Why is the galaxy phone the only android phone that has a middle button just like the iPhone? Why do they sell their products in black and white just like Apple. Why does touchwiz have the same layout as iOS including the 4 static icons on the bottom? Why does the music player app have the iTunes logo?
Let's be real if Apple had no case they wouldn't be winning these.
18. Sniggly (Posts: 7296; Member since: 05 Dec 2009)
Taco, the Galaxy S is not the only Android phone series to implement a middle button. Furthermore, Apple shouldn't have a monopoly on middle buttons.
Apple also does not have a monopoly on phone colors.
Apple does not have a monopoly on thin minimalistic designs.
Touchwiz is the only thing I can somewhat agree with you on. But it's not on the Galaxy Tab the way it is on the phones.
If people want an iPad or iPhone, they will buy it. They will insist on it. It's not Samsung's fault, however, if a customer decides to do some comparison shopping and ends up liking the Galaxy series better.
21. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Apple doesn't have a monopoly on any of those things you're right. But when you put them all together to try an make your product look just like an iPhone then Apple has a case.
27. remixfa (Posts: 14255; Member since: 19 Dec 2008)
you realize that samsung has been using a large middle button configuration since before the iphone existed right? Its been on their old feature and windows phones from a long time ago.
taco, like always you prove that you cant comprehend what you read (if you can even read), and ur head cant wrap around facts.
This judgement is solely on outer design, nothing to do with iOS vs Android. And im sorry, but if you cant tell the difference between a square (ipad) and a rectangle (Tab) as an adult, u shouldnt be in a position of authority.
There is no law saying icons cant be similar looking.. hell there is only so many ways to make them different.. there is also no patent on how icons are displayed in a grid. Apple has NO legal ramifications on ANY of that.. they have been shot down every time they tried it.
I'll tell ya what, I'll be all for the samsung ban on copying if you go for an Apple ban on copying from android in iOS5.
There, now none of us have our toys because everyone was set to the same standard.
47. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
"Apple has NO legal ramifications on ANY of that"
Yet Apple continues to win injunctions in court. An adult judge who is a lot more educated and objective than you thinks Apple has a case.
20. ngo2dd (Posts: 896; Member since: 08 Jul 2011)
You know the Dutch court rule the opposition in the case of design right? So ya they don't have a case. The Dutch court even rule that because the Apple have a minimalist design that Apple should not have protection on design
22. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Right Apple has no case, but they won.
26. ilia1986 (unregistered)
By chance. Because after all this was a subjective decision, you ignorant troll.
And so far Apple didn't "win" anything. In fact they keep losing. 40% vs 28%, taco. And the 40 is the only one of the two which is constantly growing.
39. The_Miz (Posts: 1496; Member since: 06 Apr 2011)
Wow, the butthurt level with Android fans today is really high
55. Whateverman (Posts: 3237; Member since: 17 May 2009)
@"the miz". Why are you you so obsessed with other guy's butts? It just a little disturbing how yo manage to squeez the word "butthurt" in EVERY article you comment on.
As far as the ruling, this is to be expected. There are Apple fans in everywhere including the judicial system. Anytime you use "flat screen and rounded edges" a reason to uphold a patent, you are obviously a fanboy. With this kind of logic, Apple will be banning TVs, monitors, GPS navigators, DVD cases, the Touch Pro 2, even the glasse scale I bought 4 years ago. They all fit that criteria, so Germany better gets use to life in the 80's. Big clunky floor TVs and CRT computer screens...but they'll at least have the iPad.
67. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
this is what you've sunk to? The judge is an Apple fanboy now? Just wow!
91. jacko (unregistered)
i still say the judge got paid a big amount from apple coz the size is no where near the same and i know another reason the judge rule for apple coz hes a nazi that dont like freedom of the android os
93. Whateverman (Posts: 3237; Member since: 17 May 2009)
@ Taco. Or he was paid off. Take your pick.
85. The_Miz (Posts: 1496; Member since: 06 Apr 2011)
Maybe because Android fans are always whining and crying because Apple is suing Samsung for copying their designs and ideas.
107. jacko (unregistered)
hp should sue craplpple
and ban them
but when the judge is paided off u cant win
54. ngo2dd (Posts: 896; Member since: 08 Jul 2011)
In the Dutch court case they did not win on the Design side, they lost that one. They won on the gallery app. NOT the design and once that ruling going in effect the design for the iphone will no longer have protection. GOD you are stupid
76. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
@ngo2. This article is about the Germany complaint. Why are you dragging in the Dutch court? Lol. Is that to make you feel a little better? Hahahaha
28. taz89 (Posts: 2014; Member since: 03 May 2011)
lol samsung have had phones before the iphone with a middle button...please dont tell me that you thonk apple created the middle button for phones....also you say touchwiz copied ios but the judge in netherlands disagreed i think correct me if i am wrong but from what i have read they won 1 of 10 patent which can be easily changed and as you always say judge ruled apple is correct in germany so the judge in netherland agreed that touchwiz does not resemble ios...
57. darth8ball (Posts: 520; Member since: 02 Aug 2011)
I have a theme downloaded for my DroidX that let's me have 12 static icon buttons on my screen, 4 each page for a maximum of 12 even though I can make an unlimited amount of home pages if I want.
You can report back home to Apple and have them sue GO Launcher next.
77. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
@darthball. Stop being bitter that Apple won. It is your fault. If you represented Samsung in court with your smart ass logic maybe they could've won...NOT, hahahahahahaha
106. jacko (unregistered)
oh wow middle button and a touchscreen
and look was out way before the ijunk came out
13. ilia1986 (unregistered)
The only thing that is obvious, taco, is that you are full of compost.
79. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
@peter. Don't laugh. You guys just lost, remember? Hahahahaha