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US Judge rules that Samsung has infringed Apple patents

Posted: , by Victor H.

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US Judge rules that Samsung has infringed Apple patents
The long lasting legal battle between Apple and Samsung is right at its most heated point as a US court judge in California ruled that Samsung has indeed violated Apple's patterns, but at the same time Apple itself had a problem proving the patents valid.

The ruling was announced yesterday by US Judge Lucy Koh, but we're yet to hear the final word about injunction on sales for some Samsung Galaxy devices. Judge Koh however did say that she felt "tentative" for Apple's toughest claims for injunction based on "utility" patterns. There are three other claims based on design which the judge is yet to give a decision on.

Earlier, in Australia, Samsung faced a temporary ban on selling its latest Galaxy Tab tablet – a win for Apple.

Back to the ruling, Judge Koh reportedly pointed out the striking similarity between the iPad and Samsung's Galaxy Tab 10.1. Apple attorney Harold McElhinny mentioned that before the iPad, tablets had a radically different design.

At some point during the hearing Koh raised both tablets in her hand and asked Samsung attorney Kathleen Sullivan whether she could identify which was the iPad and which was the Galaxy Tab.

US Judge rules that Samsung has infringed Apple patents
"Not at this distance your honor," Sullivan replied. Was she that far away? Not at all, she reportedly stood only around ten feet away.

Not the best thing to say when you're defending your company is it?

Luckily, Koh extended the same question to the rest of Samsung attorneys in the court room and one of them could tell both apart and save Samsung from a huge embarassment. 

Apple accused Samsung of “slavishly copying” its iPhone and iPad in Samsung's own phone and tablet lines. After the hearing, Apple's spokeswoman Kristen Huguet said: "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad ... This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

Samsung's spokesperson Kim Titus, on the other hand, found the injunction request by Apple “groundless.”

source: Reuters

109 Comments
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posted on 14 Oct 2011, 03:38 3

1. nastynaps (Posts: 93; Member since: 16 Aug 2011)


Bad news

posted on 14 Oct 2011, 03:44 5

2. bigboy029 (Posts: 74; Member since: 03 Jan 2011)


Any company would do the same thing. If samsung created a hugely popular tablet, and any other major company created a tablet strikingly similar, they would sue. All Samsung needs to do if indeed their products will be banned is keep the same software that galaxy users love and just switch up the design a little. This is not a business killer for samsung.

posted on 14 Oct 2011, 04:06 2

3. cncrim (Posts: 879; Member since: 15 Aug 2011)


Well!!! 3 out 3.

Now I do believe Samsung did copy Ipad design on purpose.

posted on 17 Oct 2011, 01:27

106. vmaster (unregistered)


So can you be specific what Samsung copied?? The size dimensions are different, there is no physical button, the back design including camera location is completely different. So is it the color that apple patented?? The curve measurements on the edges, or the thickness of the edge bezel around the glass??? Oh its probably the glass on the screen, Samsung should have used wood instead since that's not patented by apple!

posted on 14 Oct 2011, 04:07 5

4. goflet (unregistered)


on iphone 4s apple uses notification just like in android.what about that?.

posted on 14 Oct 2011, 04:17 3

6. Thump3rDX17 (Posts: 2160; Member since: 10 May 2010)


heh, stay tuned.

posted on 14 Oct 2011, 04:31

7. Eingild (Posts: 203; Member since: 19 Apr 2011)


Android is an open-source platform, so they cannot sue the hell out of Apple instantly.

posted on 14 Oct 2011, 04:35 8

8. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


Apple can copy. They did since the first days of apple.
But if you try to do something that looks like an apple product, apple will spend lot of money in lawsuits.
First time in history
Apple is not a cool company and their products are prisons
Anyway it is also the first time they make successful products
They have a long story of failures
So normal they defend their business, its the first time they earn money

posted on 14 Oct 2011, 05:29 12

11. Stoli89 (Posts: 333; Member since: 28 Jun 2010)


Open source doesn't mean unlincensed.

posted on 14 Oct 2011, 11:53 3

42. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


What????

Ivanko you embarrass all of Europe

posted on 14 Oct 2011, 19:52 1

75. Penny (Posts: 1661; Member since: 04 Feb 2011)


Ivanko's kinda right.

Apple does "expand" on other people's ideas, something Jobs did proudly admit in a 1997 interview. Nothing wrong with it as long as it serves a purpose and differentiates itself from the original idea.

Apple's ecosystem is very closed, and the only thing that works property with an Apple product is another Apple product (hyperbole, but you get the point).

Apple has gone through a rollercoaster ride, and they were close to failing until the release of the iPod. They have been extremely successful since.

posted on 14 Oct 2011, 04:11 8

5. Whateverman (Posts: 3283; Member since: 17 May 2009)


Wow, were these lawyers public defenders, pro-bono lawyers or what? Samsung just got screwed big time, but some of the fault belongs to Samsung themselves. Althought i think the look of the Tab and the iPad are very different, I've always said that those blocks behind the icons makes TouchWiz look too much like iOS. My question here is what is the judge ruling on? The physical look or the software? Either way, Samsung better do something, because they have lost every case since Steve Job's untimely death. Kinda weird how soon after all these judges are ruling within a week or so after. Could empathy be effecting the outcomes? IDK.

posted on 14 Oct 2011, 11:42 1

39. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Both the software and the physical design look e same. Damn even Samsungs lawyers couldn't tell them apart. But according to you only a moron couldn't tell them apart. These are high priced educated lawyers. Did Samsung hire morons?


I love the excuse that these are sympathy victories. Especially since Apple was winning these before Steve died. Pathetic.

posted on 14 Oct 2011, 12:22 2

48. hepresearch (unregistered)


Well, by this logic, it looks like Apple will defeat all who oppose it, crush Google and inherit all of Motorola's patents, perhaps also buy all of Nokia's patents, and then they can defend their new-found patent right for the design and sale of mobile phones... they will be the last mobile phone/tablet designer left in the world.

posted on 14 Oct 2011, 12:42 1

49. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Ok sure by your fandroid logic

posted on 14 Oct 2011, 13:09 3

53. Xpple (unregistered)


Just a minor correction. . .
Some of the most educated people I know are THE stupidest people I know. PhD professors that have been using computers for 20 years can't can't even use copy/paste/cut properly, have no real understanding of what a browser is and what the internet actually is, etc. . . they are "educated" like a parrot and can't even think. Just regurgitate what's been fed to them. . . the perfect apple customer lol

posted on 14 Oct 2011, 13:12

54. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Sure keep telling yourself that while you mow their lawns.

posted on 14 Oct 2011, 13:15 2

55. hepresearch (unregistered)


Hahaha... Taco, do you really think I am a "fandroid"? LOL!

Seriously, though, Samsung can not pay Apple enough to license the patents necessary to continue the manufacture and sale of the entire Galaxy line, including both phones and tablets. Even if they do offer Apple an exorbitant amount of money, Apple can, and I think will, still say "Nope".

The way I see things going, I think that in the next three years you will find that 1 out of every 2 phones in the US will be an iPhone of some sort. There will be no successful tablets other than the iPad series. Feature phones, as we know them, will cease to exist. Google will be about to divest itself of the Android OS altogether. By the end of the decade, Samsung will be a memory module and integrated-chip manufacturer only, Google will be the search-engine/email/"cloud solutions" provider of choice, LG will be the maker of IPS displays, which will push OLED and LCD technology out of existence, and Apple will, having bought out all remnants of phone manufacturing and patents across the world, be the one and only phone/tablet manufacturer in the world. Samsung will make the chips, LG will make the screens, everything on the hardware end will still be assembled at Foxconn, and Apple will hold the patents, make the software, and ship the devices. By then, Apple will also be able to afford to buy back its own shares from Microsoft, and their unholy alliance will, no doubt, have come to a bitter end.

You want an MP3 player? Apple makes the iPod in many different varieties. You want a phone? Don't worry, Apple makes a high-end and a mid-range variant of the iconic iPhone these days. You want a tablet? Yeah, the iPad now comes in different sizes, too. You want a computer? No worries, Apple makes iMac laptops and desktops of all sorts of varying hardware designs. Need a television? Oh yeah, there is also the Apple TV. Since it all runs on LTE these days, there are two choices as well; AT&T or Verizon... one flat rate gets you your monthly data ration, unlimited voice, and makes sure that your FCC-mandated GPS connection works so that the government can keep you "safe" at all times.

"But I can't afford an iPhone, or an iPad, or an iMac!" you say. Well, if you must have electronics and/or internet, but can't afford Apple's many choices and alternatives of wares, then you might be able to find one of those cheap Windows/"Metro UI" thingies that Microsoft still makes... but it won't be compatible with much, and it will be terribly unstable, and it will be easily hackable... all "very bad" things in our day and age.

>8-P

posted on 14 Oct 2011, 13:26 3

56. hepresearch (unregistered)


Wow, these folks must be really special to you, taco... apparently, all us "common folk" mow their lawns, while they do great acts of service to all humankind by using their esteemed iPhones while we "commoners" languish ignorantly in the brutal world of "non-Apple products"...

Maybe if I get enough money some day, I can elevate myself from the brutal "non-Apple" world to one of "true" productivity and greatness with my glorious and trusted iPhone/iPad by my side...

Oh, my... just a daydream. I better get back to mowing the iPhone-holding boss-man's yard...

L... O... L... ! >8-D

posted on 14 Oct 2011, 13:53

62. Thump3rDX17 (Posts: 2160; Member since: 10 May 2010)


i'd say they hired Morons because they're pretty easy to tell apart if you at least know what an iPad is and who doesn't know what an iPad is? xD

posted on 14 Oct 2011, 14:46 1

66. Xpple (unregistered)


You may be mowing someones lawn but I sure the hell ain't. . . but way to show what a dip @#@$ you constantly are. Or did I hurt your feelings. . . are you one of those idiots that can't figure out copy/paste/cut etc. . .????

posted on 14 Oct 2011, 15:42 1

67. Whateverman (Posts: 3283; Member since: 17 May 2009)


Taco to Apple's rescue, again... Even though Apple isn't being attacked...again! If you hold two iPads up from ten feet away and asked the average person, "Which one is the iPad?", I garantee you that most people will pick one on the other, while the people who are really into tech are the only ones who would say "both". My point... ten feet away isn't how people shop for their gadgets. People are usually more hands on than that, so judging the case based on that just seems odd to me.

Also, I would imagine any good lawyer would study the device inside out, upside down, on, off, front and back to make sure THEY would know the differences between the two devices, seeing as though that's what's in question here!

If I recall correctly, Apple won one and lost one decision before SJ died, but these last few seem to be coming really soon after. I haven't offered any excuses for either company, I just asked the question. If you don't like the question, to bad. Pathetic.

posted on 14 Oct 2011, 22:58 1

79. RageQuit (Posts: 41; Member since: 05 Sep 2011)


That would never happen. that whole scenario is just illogical. 1st lets start with carriers. if it gets to the point where their are just 2 then they will be forced to break apart again bust as Ma bell did before. I highly doubt Sprint is going anywhere, they are currently on a pretty good up swing, gaining customers.

Next computers, Macs haven't been able to pass windows in the past years people arnt just suddenly going to throw out their PC's and buy Mac's. you fail to realize that A lot of people prefer Windows. Sorry mate the world just doesn't work that way.

iPod is already pretty much the only real MP3 player to get but a lot of people are starting to use streaming services on their phones too like Slacker and Spotify. MP3 players are getting less popular now that you phone can do it.

Samsung isnt going to stop making Screen panels, i think you fail to realize the size of the company and large company's don't just stop making something they are know for and get large profits from. I Prefer OLED over IPS anyway.

You are also missing that a massive number of people who have androids got them because they want androids not iPhones, you seem to be missing the fact that many people can choose what they want they don't just dive for an iPhone(although there are plenty that do). android having a bunch of cheap phones makes up for some portion of sales but not the majority.

I cant really make a argument with the tablets, because currently that field is really new and things change fast so its difficult to make a assumption. My guess is iPad will dominate for a while. Although Windows 8 is right around the corner and Android makers are starting to figure out how to market their products to compete .

posted on 15 Oct 2011, 00:01

82. hepresearch (unregistered)


Fortunately, my comment was laced with a great deal of sarcasm...

Yet, I still foresee the market on the carrier end of things narrowing down once Sprint begins competing on LTE with Verizon and AT&T. If the FCC allows the T-Mobile acquisition by AT&T, then I am nearly certain that Sprint will get acquired at some point, as well. In the FCC's rules it is only necessary to have two major competitors on any given network technology... hence with CDMA and GSM we ended up with four national competitors (T-Mo, AT&T, Sprint, VZW)... once everyone is on LTE, we will only need two at minimum... the largest and most set of which are AT&T and Verizon.

As far as Mac's go, I happen to know a lot of people and organizations that are switching over to Mac-based computing. I personally am not a fan, but I have to acknowledge that those who already have Macs tend to stick with them fanatically because they work exceptionally well at what they can do. Windows 8 will further more be afflicted with Metro UI, which is a significant turn-off for me... I will stick with Windows regardless, but I know a number of folks who are making the switch once this comes to pass, if it indeed happens.

Large companies make whatever is in demand, and occasionally test the waters with something new. IF iPhones overtake the market, which I have calculated to be around 74% market share for iOS, plus or minus error range, in 2020, then the likelihood of a company like Samsung, who is getting the crap sued out of them and the potential for their products to be banned regardless of whether they can offer large sums of money for the licensing/royalties purpose, continuing to try to compete in a market where they have been legally excluded by the powers that be is smaller than you think. They will go where large amounts of "safe" money can be made. They will be a supplier of memory, integrated chips and hardware solutions for the companies that do have the established (aka "litigated") legal ability to design mobile devices and software, and they will make lots of money doing that... perhaps as much or more than they make from competing in the current market.

I do have a few friends who will not dive for an iPhone, and go out of their way to get Android devices. I recently helped a good IT-oriented friend of mine determine which phone he should get to allow him to use certain kinds of mods and added features... I referred him to a particular HTC Android phone that fit his needs, wants, and budget, and helped him get everything unlocked and flashed. It has turned out good for him. However, I know very few individuals who will put the effort into Android to make it the way they want it and still get it to perform up to snuff...

My experience is that people who want a phone that they don't want to have to modify, customize, tinker with, or otherwise learn how to use, end up with an iPhone because it just works, and is reliable. I am not one of them...

posted on 14 Oct 2011, 05:07 1

9. bossmt_2 (Posts: 451; Member since: 13 Oct 2009)


I don't think they look the same myself. Maybe it's cause I pay attention to detail more than most, but for starters, there's a button with a square on the iPad, what I always notice as well is the shape and size of the 10.1 androids vs iPad, aside from the physical screen being larger, iPad is not as long (or tall however you want to look at it) and it is noticeably wider. Now I will admit, that with the waste space on the front, the Galaxy probably looks more like the iPad than it does the Xoom.

I also think that it's unfair for the judge to hold the devices 10 feet from the lawyer asking her to say which one is which, it doesn't come close to the consumer process. If you hold the in your hand, taping up all logos on it, then you confuse the 2 IMO that's a great case (though still frivolous IMO)

I just don't buy a lawyer from 10 feet away not knowing for sure which tablet is which is permissible evidence.And yes there are similarities in design, both are square with rounded edges. Their overall approx areas are similar (galaxy around 68.61 in sq while the ipad is around 69.45) But the design isn't patented and the lawyer for apples line about how the reason the iPad succeeded was design. Which is simply not true at all. iPad was a perfect hit, it took on the winning features people loved in the iPhone and iPod Touch. It took the ease of use of the iOS devices, the apps, the games, the web browsing, all of those things it brought to the table that no tablet had brought before. it didn't sell cause it's squarish design

posted on 14 Oct 2011, 05:29 2

10. kaka (unregistered)


are samsung's lawyers so incompetent they keep losing cases everywhere?

we hear all of apple's cases being ruled against samsung, yet we do not hear anything about samsung's counter suit ruling? when apple file a suit, judges seems to make a decision very quick, yet when samsung files a suit, we hear nothing.

samsung, i say fire the lawyers, get new ones and stop flip-flopping. whatever happened to those 3G patent suit you filed against apple?

posted on 14 Oct 2011, 05:35

12. lubba (Posts: 1313; Member since: 17 Jan 2011)


Bad news for android. Bad news for android no matter, in relation to Samsung. Why? One they are collaborating with intel and some others for a new OS and two, Bada possibly coming to the states. Three, greater collaboration with MS. Not good signs for Google. Though they now own Motorola mobility. No worries there.

posted on 14 Oct 2011, 05:54 1

13. bossmt_2 (Posts: 451; Member since: 13 Oct 2009)


Why would Samsung just up and leave the OS that's making them the most money. Sure they'll bring bada and try to work on new OS, but they're not leaving Android. if they do HTC or Motorola will pickup the slack.

posted on 14 Oct 2011, 06:02

14. droidcandy13895 (Posts: 16; Member since: 12 Oct 2011)


how much loss can it cause to samsung.......design apart how does galaxy tab perform ? is it better than ipad.....

posted on 14 Oct 2011, 06:08 5

15. kenshiro (Posts: 42; Member since: 12 Sep 2011)


This is so retarded. First off, Apple chose a the most basic, minimalistic design for the iPad from the very beginning. It's a f***ing black rectangle with rounded corners, THAT'S IT! How is Samsung or any other company supposed to not infringe on that? Make a tablet fractal? Or how about thay just leave the corners square so people can stab eachother with them. Right? And second, how does the GS2 look like the iPhone? iPhone has distinctly different three dimensional shape. What a stupid ruling.

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