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Samsung's legal defense against Apple includes wisecracks, the LG Prada, and a 1994 tablet newspaper concept

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Samsung's legal defense against Apple includes wisecracks, the LG Prada, and a 1994 tablet newspaper concept
During the two-day hearing in a Dutch court regarding the pan-European Galaxy Tab 10.1 sales ban, which only excluded the Netherlands, Samsung's lawyers managed to achieve a stalemate, since it has filed a counter-case against Apple in the country for violating some 3G patents. The Samsung Galaxy Tab 10.1 tablet will be selling freely there until at least October 13th, even if an injunction takes place on September 15th, as outlined in the statement below:

"In order to allow for an orderly proceeding, Apple and its Affiliates and Samsung Korea and its Affiliates agree that they will not file or seek ex parte or inter partes actions in the Netherlands against any of the others' products or entities until the decision is issued by the Court in the Apple v. Samsung preliminary injunction action in the Netherlands, which is expected to be issued by Judge Brinkmann on September 15, 2011. This stipulation shall be without prejudice to any party with respect to any claim of urgency for any action taken after September 15th for the time period during which this stipulation is effective."

How did Samsung get to that impasse? Thanks to tweets by a local journalist from the courtroom, we know that its lawyers fought the Apple case, partly based on Community Design sketches from 2004, with wise remarks like "According to Apples standards every digital photo frame is an iPad", "we also have a lot of patents, but on real technology", "Apple wants to stop anything thin" and so on. The judge had already dismissed as proof an online poll, commissioned by Apple, where 80% of the people find the Galaxy Tab and the iPad "identical" or "similar in general impression", saying the methodology was questionable.

Samsung also showed 20 cases of prior art of tablets and smartphones, resembling Apple's vague patent and Community Design drawings, including a 1994 tablet newspaper concept, called the Knight Ridder, a video of which we are embedding below, and the lawyers' goal was to show that the idea had been out there long before the iPad.



Now the battle has moved over to Korea, where Samsung and Apple presented their cases at a preliminary court hearing in Seoul last Friday. On its home turf Samsung used similar defense as in front of the Dutch court, showing the LG Prada as proof that rectangular touchscreen-equipped handsets existed before the first iPhone.

Looks like Samsung has a fine-tuned defense tactic, the part left now is to convince the judges as well. The Dutch judge has commented with a smile that both companies have "real terriers" for lawyers, so this could only get better.

source: Twitter & SammyHub

25 Comments
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posted on 15 Aug 2011, 05:13 8

1. PeterIfromsweden (Posts: 1230; Member since: 03 Aug 2011)


Hmm, why refer to a competitors prada phone ?
does that allow Samsung to make thin tablets and touchscreen phones, in the judge's eyes ?
I think that what Apple is doing is ridicoulus.

posted on 16 Aug 2011, 06:55 1

22. Si_D (unregistered)


LG not a Samsung competitor - they work together in many areas such as LCD/plasma TV's:)

posted on 15 Aug 2011, 05:16 6

2. dhruba (unregistered)


After all, this is a good news

posted on 15 Aug 2011, 05:17 11

3. xenover (Posts: 174; Member since: 27 May 2011)


Go uncle Sammy! You can beat down that over-ripened Apple!

posted on 15 Aug 2011, 05:57 9

4. dionddc (Posts: 129; Member since: 19 Jul 2011)


Samsung isn't afraid of Apple. At all.

posted on 15 Aug 2011, 07:30 7

5. Sniggly (Posts: 7177; Member since: 05 Dec 2009)


Go Samsung. Show those anti competitive bastards why you got into the smartphone business in the first place.

posted on 15 Aug 2011, 07:34 2

6. PeterIfromsweden (Posts: 1230; Member since: 03 Aug 2011)


How you doing with your response to my email ; )

posted on 15 Aug 2011, 07:38 3

7. NieuweMobiel.NL (unregistered)


Not this one again !?
The LG Prada was announced after the iPhone. The Prada may have been available in shops earlier than the iPhone, it wasn't announced before the iPhone.

jan 07; iPhone announced
may 07; LG Prada announced

posted on 15 Aug 2011, 08:58 2

10. Joshing4fun (Posts: 1052; Member since: 13 Aug 2010)


Actually the Lg Prada was announced Feb. 7th. and the iPhone Jan. Less than a month. And samsung is only arguing that the prada existed before the iphone and having the prada released before the iPhone helps.

posted on 15 Aug 2011, 10:12 6

11. AppleFUD (unregistered)


The LG Prada won the IF design award in September. . .the year before the iPhone was released. Please do a little research before saying such things.

posted on 15 Aug 2011, 15:24 2

14. jroc74 (Posts: 5192; Member since: 30 Dec 2010)


LG Prada

Yes it did win a design award based on it being shown in 2006. Smart move Samsung. Was wondering when the Prada was gonna come up.

http://mobile.engadget.com/2006/12/15/the-lg-ke850-touchable-chocolate/

Check the date of the Article....2006. It says Design Award for 2007...but the article is in 2006. It won the award in 2007. But he 2007 award is based on it being shown in 2006.

My...my...my....

Announcement in Dec 2006:

http://web.archive.org/web/20070108070435/http://www.lge.com/about/press_archive/detail/AB_NARCH|MENU_1_20302.jhtml

Had to go to the Internet Archive for that one...lol

Please folks..the LG Prada is not to be dismissed.

(in a similar case with a company that actually copied the iPhone 4 to the fullest, Meizu, it got thrown out. They mentioned some HTC and LG products. Dont know if it was the Prada....but I think we can take a guess and say it was.)

I'm pretty sure Samsung also showed their own product...seeing how digital photo frame was mentioned.

http://www.engadget.com/2006/01/04/samsungs-digital-photo-frame/

http://www.engadget.com/2006/03/09/samsung-digital-picture-frame-stores-pics-movies-music/

Look at the date...2006...not sketches...an actual product...

My...my...my...

posted on 15 Aug 2011, 17:18 1

16. sweetgreggo (Posts: 2; Member since: 15 Aug 2011)


On a scale of 1-10 of being wrong, you just hit 14.

posted on 15 Aug 2011, 20:09

18. Joshing4fun (Posts: 1052; Member since: 13 Aug 2010)


So were they super right or wrong? No, seriously.

posted on 19 Aug 2011, 11:20

24. darth8ball (Posts: 519; Member since: 02 Aug 2011)


Yeah, Apple "spies" followed the progress of an upcoming phone and then right before it's release it announced the iPhone.
when since has Apple given any prior notice or hints about future products. Apple keeps its info more secret then the US Government.why? Easy who are the most untrusting people in the world....Thieves.

posted on 15 Aug 2011, 07:53 3

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


1990s

The nineties introduced smart phones and handhelds with touch screen technology. In 1993, Apple released the Newton PDA, equipped with handwriting recognition; and IBM released the first smart phone called Simon, which featured a calendar, note pad, and fax function, and a touch screen interface that allowed users to dial phone numbers. In 1996, Palm entered the PDA market and advanced touch screen technology with its Pilot series.

2000s

In 2002, Microsoft introduced the Windows XP Tablet edition and started its entry into touch technology. However, you could say that the increase in the popularity of touch screen smart phones defined the 2000s. In 2007, Apple introduced the king of smart phones, the iPhone, with nothing but touch screen technology.

http://inventors.about.com/od/tstartinventions/a/Touch-Screen.htm

posted on 15 Aug 2011, 08:27 5

9. andro (unregistered)


It is true that some apples can be rotten,Apple company has really proved its filled with worried bitter sore loser worms these days

posted on 15 Aug 2011, 11:37 5

12. luis_lopez_351 (Posts: 951; Member since: 18 Nov 2010)


"On its home turf Samsung used similar defense as in front of the Dutch court, showing the LG Prada as proof that rectangular touchscreen-equipped handsets existed before the first iPhone" :) i knew LG was going to be involved... come apple sue LG for some retarded reason so it can stop making ur Retina displays!!!

posted on 15 Aug 2011, 16:18 4

15. remixfa (Posts: 14065; Member since: 19 Dec 2008)


the prada is brought up nearly every time some iFan says that the iphone was the first to that design. nope.. no they werent. Its a good plan by Samsung to bring it up.

Notice Apple never sues LG over design.. lol

posted on 15 Aug 2011, 14:46 4

13. sgogeta4 (Posts: 392; Member since: 02 Feb 2011)


What a waste of money that could have been spent on R&D to make a better phone, faster. Eff Apple for starting this BS legal war and wasting consumer's money.

posted on 15 Aug 2011, 18:28 3

17. Stuntman (Posts: 754; Member since: 01 Aug 2011)


The past few weeks, I did some research to see which tablet I was going to get. I considered and tried a number of them. Apple's tablet came out #2. Maybe if Apple spent a little more money on R&D and a little less money on lawyers, it could have been #1 on my list.

posted on 15 Aug 2011, 23:54

19. gallitoking (Posts: 4690; Member since: 17 May 2011)


wow Sammy defense is based on the Prada opening the door for LG to sue....

posted on 16 Aug 2011, 04:41

20. ridania (unregistered)


SAMSUNG using LG Prada argument. Pathetic.
Does it mean that they want also to be sued by LG ?

posted on 16 Aug 2011, 06:12

21. SimonC (unregistered)


Samsung & LG have a joint agreement though in other technical areas which kind of makes them a team?


"The companies pledged to cooperate in various fields, ranging from patents and joint research and development. "

So LG if anything may now go after Apple, who knows?

posted on 19 Aug 2011, 10:43

23. ibap (Posts: 706; Member since: 09 Sep 2009)


Apple would like everyone to believe that they had the first touch screens in the world. I don't know what the very first touch screen phone was, but the Palm Treos certainly beat out the iPhone. Granted, it was not a slab, and the whole line (and the Pre successors) is now down the tubes, but they were really cool hardware at the time.

And I still like keyboards. Bragging about doing away with them won't get you any points with me. Want to know why so many texts that originate on phones look like they were written by a third grader?

posted on 19 Aug 2011, 11:47 1

25. darth8ball (Posts: 519; Member since: 02 Aug 2011)


you know the saying about a fool and his money.....they are soon on their way to an Apple store LOL

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