Samsung denied seeing the next iPhone and iPad, Apple denied banning Samsung's new gear
Samsung was said to "overreach" in its request to see the next iPhone and the next iPad for possible patent infringements. That must have come as an answer to the Samsung "harassing" Apple comment. The court said that while the idea of "parity" is understandable, given that Apple was granted the permission to see the Samsung Galaxy S II and Samsung Galaxy Tab 10.1 last week, these are now on sale nationwide anyway, whereas the next iPhone and iPad have not been even announced yet. And the above sentence in legalese:
"It is true that if Apple eventually introduces an iPhone 5 or an iPad 3 that diverges from the overall consistent look of the existing iPhone or iPad products, Apple might not be able to claim trade dress protection as to its entire line of products. As discussed above, however, Apple’s decision to limit its claims to its trademarks and trade dress as embodied in products currently in the market is not unreasonable, and Samsung points to no authority suggesting that the Court must look ahead to unreleased, and possibly not-yet-developed, products in order to evaluate the overall look of an existing product line.Finally, the Court notes that the relative burden of producing unreleased products may be somewhat greater for Apple than for Samsung. When the Court considered the potential prejudice to Samsung of producing unreleased product samples, the Court emphasized that Samsung had already released significant information about its forthcoming products into the public domain.Indeed, in addition to the images and information released to the media, Samsung had recently released 5,000 samples of its Galaxy Tab 10.1 to members of the public.
Considering that images, descriptions, and actual samples of Samsung’s forthcoming products were already publicly available, the Court found that the burden to Samsung of producing the latest iterations of those products, along with their packaging, was minimal. In contrast, Apple maintains a strict policy of not commenting on future products and takes extensive measures to protect information about its unreleased products. Unlike Samsung,Apple has not publicly announced or described the products Samsung seeks to obtain. Instead,Apple closely guards this information as a trade secret. However, while this difference carries some weight, the Court agrees with Samsung that the strict protective order required by the Court and stipulated to by the parties would provide adequate protection to both parties. Apple’s contention that this protective order is sufficient for Samsung, but not for Apple, is not well-taken.The Court will not assume that outside counsel and experts who agree to strict confidentiality will nevertheless leak information about Apple’s products, nor will the Court assume that Apple would face greater harm from the release of confidential information than would Samsung."
The court, on the other hand, denied Apple's request for the allegedly-infringing Samsung gear to be banned from selling nationwide, thus evening things out, and wiping everybody's tears. This is getting better by the day, we have to stock on popcorn.
1. android_hitman (unregistered)
i sure hope someday someone will put apple on their knees ... apple wants more and more MONEY...
15. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
And others are making money by copying Apple. Think about what you're saying. If not for Apple, you'll be stuck with your N95.
17. stealthd (Posts: 1067; Member since: 12 Jun 2011)
I think you've confused Apple with EVERY COMPANY.
20. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
Nope. Everyone is imitating Apple. From the iphone to the ipad to the ipod to their cloud services to their app store, etc.
21. stealthd (Posts: 1067; Member since: 12 Jun 2011)
I wasn't replying to you, but remember that super successful mp3 player the iPod copied, or that tablet everyone loved before the iPad? Oh yeah, those don't exist.
2. clevername (Posts: 1435; Member since: 11 Jul 2008)
Perhaps this os the reason for the delay of the next iPhone. By delaying it they cam keep up a facade of a product line that's being ripped off. They also might not completely redesign th next iPhone so that they don't lose that edge in court. Just speculation though
13. box (unregistered)
Their products are ripoffs of other products, so trying to maintain that their products are being copied, while correct, is only true because their products were originally copies of other existing products. And the wheel keeps on spinning....
3. aimbdd (unregistered)
Maybe they wouldn't want more money if Samsung's products looks and software design weren't such blatant rip offs. At least htcs products look like their own. I'll be sticking with htc.
5. AppleFUd (unregistered)
yeah, cause apple never blatantly rips anyone off. . . never. . . ever. . . their the only company that is 100% original all the time.
7. Slammer (Posts: 1402; Member since: 03 Jun 2010)
If you ever hold and use both products, you will see there is a distinct difference between the two. I just don't see a direct copy. I do see a resemblance but no "blatant copy". Samsung may be outlandish in their request, but Apple is simply trying very hard to hold onto a proprietary design so they don't have to make changes for competing in a more aggressive competitve market.
Samsung took an idea and capitalized on it. Enough to attract a large percentage of buyers. Apple is unsettled with this. What Apple should do now, is capitalize on their own products with hardware aesthetics and choices. This is how a business attracts customers. It seems Apple is unwilling to re-develope or come out with more choices to attract potential customers.
I hate using this analogy, but if you want to stick with serving the same hamburger, don't complain when someone takes that burger and makes it more attractive.
4. jroc74 (Posts: 5419; Member since: 30 Dec 2010)
YES!! No delay for the Galaxy S 2!!
Thats all I wanted when all this started....everything else is debate, argument fodder.
6. The_Miz (Posts: 1496; Member since: 06 Apr 2011)
Boo, the justice system is biased. They want ban Samsung despite obviously copying Apple's products. Apple should sue them.
8. jiezel91 (unregistered)
Well, I am not a Samsung hater and never an Apple fanboy ever but I personally think Samsung deserves all these! As we see it, Samsung is the only company that has the nerve to rip-off a popular product and jump onto the bandwagon by offering striking resemblance to the most popular device and then top that with monstrous specs to make sure the device being copied will be a flop. So far, they are proving to be successful profit-wise but then again, I personally think being original is much more respectable. Never even dare to call them innovators because we all know they are mere smart copycats that knows only copying strategies and offer better specs to top them all. Of course they do have some kind of unique phones (like their projector phones) but there's no denying the fact that their Galaxy line of devices are mostly resembling Apple. Just think about Samsung being a future market leader and then they continue this strategy. Do you really think you can proudly say that you are the leader when all of your devices that became immensely successful are rip-offs? If you strive to be the leader then stop being a smart copycat and be a real innovator. Play games your way and not you riding and capitalizing into someone else's success.
9. protozeloz (Posts: 5387; Member since: 16 Sep 2010)
well good to hear the wont be a ban, I don't mind Samsung loosing and paying royalties, the only thing I cant take is getting a good product banned from the market
11. Sniggly (Posts: 7281; Member since: 05 Dec 2009)
Lol. Apple just got pwned hard. Once again the legal system tells them to shove their Draconian requests up their ass.
16. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
Apple is merely sending a message to samsung to stop copying them. And sammy got their request denied, while apple is on their way to filing more patent infringement lawsuits against sammy after they have evaluated sammy's devices. So how did Apple get owned?
Also, Apple already won a patent suit today for multi touch gestures on a capacitive screen. You know what that entails right? Lol. If not, read this article.
18. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
You know what this entails right? This could lead to google and all android phonemakers to pay Apple for using multitouch technology/gestures on their devices :)
22. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)
i read that earlier... that is kinda huge cause now samsung can sue every single company that copied their tech... apple is gonna make money from every single tech device sold in the past 4 years... and the future ones...
and ya, how exactly did apple get owned when samsung got refused? haha...
23. jroc74 (Posts: 5419; Member since: 30 Dec 2010)
Specific uses with specific gestures:
Its not as big a deal as it seems...
24. Sniggly (Posts: 7281; Member since: 05 Dec 2009)
They got owned because they were looking to make it illegal for Samsung to sell their "copycat" products, and the court told them "no."
26. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)
haha sniggly i just want to point out to u that u firmly stated pinch to zoom was to general to be considered copying, but apple just won a patent for it... hahahahahahahaha
12. remixfa (Posts: 14255; Member since: 19 Dec 2008)
what could samsung possibly lose? Really? When you break it down, they are getting sued for their icons... that while they do look apple-ish, arent close enough to be called copies. Icons are Icons and apple doesnt have a lock on a design on them.
Samsung makes the hardware for the iphones anyways, so its not like they dont know whats in them. And the iphone is a generic device now. There are hundreds of other slabs that look similar to eachother. If apple wins here, it opens up the door for them to sue EVERYONE that makes a touch screen phone.
25. jroc74 (Posts: 5419; Member since: 30 Dec 2010)
I'm still trying to figure out how the message icon for iOS and stock Android are so similar that its a problem.
iOS one is a circular white thought bubble, stock Android has a green rectangular thought bubble with a happy face in it...
It doesnt even look the same.
14. samsungftw (unregistered)
APPLE COPYED SAMUNG FIRST WITH THE F700
19. 530gemini (Posts: 2198; Member since: 09 Sep 2010)
The F700 came out after the 1st iphone :)
Also, let Samsung sue Apple then :) The F700 has a resistive touchscreen right? Lol.