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

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

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25 Comments

1. PeterIfromsweden

Posts: 1230; Member since: Aug 03, 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.

22. Si_D unregistered

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

2. dhruba unregistered

After all, this is a good news

3. xenover

Posts: 174; Member since: May 27, 2011

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

4. dionddc

Posts: 129; Member since: Jul 19, 2011

Samsung isn't afraid of Apple. At all.

5. Sniggly

Posts: 7305; Member since: Dec 05, 2009

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

6. PeterIfromsweden

Posts: 1230; Member since: Aug 03, 2011

How you doing with your response to my email ; )

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

10. Joshing4fun

Posts: 1249; Member since: Aug 13, 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.

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.

14. jroc74

Posts: 6023; Member since: Dec 30, 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...

16. sweetgreggo

Posts: 2; Member since: Aug 15, 2011

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

18. Joshing4fun

Posts: 1249; Member since: Aug 13, 2010

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

24. darth8ball

Posts: 520; Member since: Aug 02, 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.

8. som

Posts: 768; Member since: Nov 10, 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

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

12. luis_lopez_351

Posts: 951; Member since: Nov 18, 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!!!

15. remixfa

Posts: 14605; Member since: Dec 19, 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

13. sgogeta4

Posts: 394; Member since: Feb 02, 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.

17. Stuntman

Posts: 843; Member since: Aug 01, 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.

19. gallitoking

Posts: 4721; Member since: May 17, 2011

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

20. ridania unregistered

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

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?

23. ibap

Posts: 870; Member since: Sep 09, 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?

25. darth8ball

Posts: 520; Member since: Aug 02, 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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