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UK Judge Deals Apple an Embarrassing Blow in Galaxy Tab Infringement Case

Tony Simons   /  July 18, 2012
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17b7e690b336012f5a2812313d050007Before I get started here, I’m just going to go ahead and say one thing. This is definitely the laugh of the week — and possibly even the whole damn year.

It appears that Apple has been dealt a devastating and embarrassing blow by a UK judge presiding over one of a multitude of lawsuits revolving around iOS devices. As per the judge’s orders, Apple is now required to publicly post on the UK version of its website that Samsung did not copy the iPad. Now, forgive me while I get this ridiculous pun out of the way, but how about those apples?

Unfortunately, Sammy also got a bit of embarrassment from the ordeal, too. The judge who issued the punishment is also the same person responsible for saying that the Galaxy Tab roster was “not as cool” as Apple’s tablet offering, so there is a slim-to-none chance of consumer confusion when distinguishing the two devices.

Apple has yet to make the required adjustments to its page, as far as I can tell, but now we have a reason to bookmark the page and check back frequently. Even though this is limited to the United Kingdom, don’t think for a second those screenshots of Apple biting the bullet aren’t going to circulate the Internet, becoming viral almost immediately.

So, we can strike one up for Android in this particular scenario, but this is only one battle in the ongoing war for smartphone supremacy. In case you missed our post early this morning, Motorola wasn’t nearly as lucky in its Exchange Sync patent lawsuit against Microsoft, and 18 Moto devices are now officially banned from import into the United States, as of today.

Needless to say, we’re still 100% #BoycottApple.

Source: Bloomberg Via: Android Police

 

 

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By Tony Simons
Tony is a mobile enthusiast with a passion for Android smartphones and tablets. He is the Site Founder and Editor-in-Chief, and can typically be found lurking in an Android development forum near you.

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  • Chandler Bailey

    Win!

  • David Meckes

    Awesome!!!!!!!!!!!!!!

  • Matt

    I wonder what size the type will be. Will there be a hyper link to the Samsung Galaxy Tab product website? ;)

  • Pingback: Nexus 7 - Page 6 - DesignersTalk

  • Cloudy

    So what! It doesn’t change the facts. The question is whether there really is a patent infringement or not? If the iPad was first on the market, and then the Samsung product followed and looks remarkably similar, doesn’t that look like a copy? Isn’t Samsung trying to look like its competitor in order to attract some of that market? Sounds like copying to me.

    In the end the consumer will choose what they want to buy and are motivated by their own set of values and judgements. Their choice will be made irrespective of what some UK judge decrees.

    • weegie-boy

      I don’t agree on the copying issue. Look back on the history of Apple and all you will see is copying! The mouse and the GUI for instance. Apple is great at finding existing ideas and then marketing them better, that’s all. They are the ones copying the ideas! :o )

      • Cloudy

        So Apple copied Xerox concepts for Windows Icons Mouse and Pulldown menus,, but keep in mind the product Apple produced was well past the prototype that Xerox put together. Apple put a lot of effort into iPhone development and UI design. I still assert that Samsung and Android have copied Apple in the iPad and smartphone area. We can agree to disagree if you like. It isn’t just Apple though. Do we get upset about car companies copying ideas from each other? No, we celebrate it, because we like it when something from Mercedes gets incorporated into a Toyota. The idea that something from a luxury car is now available in a more affordable car is fantastic no?

        However, my main point is that ultimately these things get resolved by the consumer. Personally I don’t care who copied whom. I buy the products that I want, irrespective of what a judge says or an apology made or not. If it doesn’t meet my requirements whether that is price, or functionality, or something else, then I simply don’t buy it.
        I’m not convinced that the average consumer cares or even knows about patent infringements when they are shopping. It isn’t part of their decision process.

        If Apple is better at marketing the “copied” idea, then all power to them! It would seem that as a company they are smarter than others in the same market. If their products were not up to the “marketing hype” that would be quickly revealed and no-one would buy their products. That doesn’t seem to be the case though.

        • weegie-boy

          Cheers. I like your reply. Constructive and no bashing either side. Thumbs up from me on this one.

    • Merle Reine

      Yes, the consumer has spoken. Android: 52% marketshare and growing. Iphone: 21% marketshare and shrinking

      • flippertie

        That’s in OS. Do you have any numbers about the top Android handset (presumably a samsung) vs the Iphone 4, or even all Samsung Android phones vs all iphone models? Would be interesting to see how those stack up too.

        • http://profiles.google.com/airtonix Zenobius Jiricek

          Such a comparison is irrelevant to the discussion of android vs iOS

          • Mattify

            “Android:52% .. iphone:21%”
            Flippertie is simply pointing out the flaw here.

          • flippertie

            Funny. I thought the article was Apple Vs Samsung… I was just after a little information not taking sides….

      • Cloudy

        Thats an interesting stat, and lets assume its true. Whats more interesting is that from a user engagement perspective IOS leaves Android a very long way behind the pack.

        According to Chitika who track ads on over 200,000 websites more than 72% of the traffic comes from IOS devices. Android only account for <23%. Yes its a limited dataset but it is interesting. What are the Android users doing with their gear?

        So maybe the Android consumers are just buying phones (after all they are much cheaper the an iPhone). This would in my humble opinion make the marketshare irrelevant and what the users do with their smartphones more important. Why? There is more profit in it.

      • Waldo

        I guess the same way employers have spoken about you, by firing your dumb ass. What a Moron Merle.

    • Dwight Trimble

      It’s all about “prior art.” The judge rightfully looked back over the last 15 to 20 years and cited numerous examples of tablet style devices with rounded corners and little or no front facing ornamentation. She basically stated the iPad is NOT unique, nor was it first with this design idea. You can’t/shouldn’t be able to patent a freaking shape.

      In the end it’s the patent system that is broken, along with copyright law.

      These patent suits are frivolous, wasteful and harm both competition and innovation. Half the time patent suits are filed by a group of attorneys with nothing to do with the product itself. They simply hold the rights to a patent filed by some tech often decades earlier.

      • Cloudy

        Interesting. I agree that the system is probably broken. Patenting a shape is an interesting idea. I think that it could be an important part of the overall design of a product and therefore warrant having a patent on it, particularly if no-one else has a product like it.

        Just thinking outside the square for a minute….Hypothetically, what if I invented a brick that when connected to other bricks of the same type rendered the building earthquake proof. Without getting into the complexities of construction and whether this is possible or not. It would seem that there are certain characteristics of the brick including its shape that I would like to patent because a) no-one else has, b) no-one else has the product. Is that not what patents are about?

        You can even patent an idea. It doesn’t even have to exist. As long as it can be described you can patent it. Whats wrong with patenting a shape if its relevant to a specific function?

        Just food for thought.

  • http://twitter.com/nza1 Steve

    I bought an iPod Touch 2nd gen. Being shackled to iTunes on a single PC was more than enough to make me swear “Never again”. That was before iTunes barfed and “forgot” I had bought $150 worth of music…..telling me I had to buy it again.

    Apple’s gear may be great…..but the infrastructure they wrap around it makes it completely undesirable for me.

  • chipselect

    There’s only so many ways a tablet can look you don’t get this shit with different models of cars they all look the same apart from the badge on the front?

  • zembelicious

    whose fooling who?

  • Chris LyDay

    Fuck you apple!

  • iRob

    Oh yeah. A company with quality products, quality staff, and though they have a set of sharp teeth, an amazing work ethic. Let’s boycott! Idiots. Break out of your pc comfort zone.

  • kikiwins

    I’ve been waiting for this!

  • http://www.facebook.com/mrguajardokings Oskar G. Kings

    I love both devices… apple was first on the market coming out with an iPad..then after a while Samsung comes out with a device looking similarly to iPad..ive got nothing against t it, at the end its all about each one’s preferences…
    The 2 companies are in conflict because of that, while the consumers keep buying Samsung tablets whether they look alike the iPad or not, most of them do because it looks like an iPad but they’re not being fooled ,theyre aware its an Android device, and so what??
    At the end as I said, its all about what you like…each device has its pros and cons..
    I like both, I’m just a gamer and this is just my humble opinion..

  • Arbiter

    Misleading title that conveniently misses out the key point of android being noticeably ‘less cool’.

    • willow mouse

      It’s not really the key point though, is it.

  • Bilbo

    So what is the difference between all this pointscoring and the pseudo-religious wars over the centuries? The christians are no better than the muslims are no better than the jews…they are all parts of the historical development of a mind game some people need to lean on. Samsung is no better than Apple is no better than any other OS…they are all parts of the historical development of a technology which still has a ways to go…

    • http://www.facebook.com/kamaut.longbabilon Kamaut Longbabilon

      Glad you used the word “Psuedo-religious” as all churches since 231AD have not followed the Rules For Mankind set by The Creator (YHVH) and the Laws relating to proper acknowledgement of God in His Laws. So the churches were “cursed” by their own hypocrisy, and just kept getting worse. The Dark Ages were called that because there was no light of TRUE knowledge therein. Samsung v Apple…. sounds like a mismatch, doesn’t it?

  • http://www.facebook.com/kamaut.longbabilon Kamaut Longbabilon

    Steve Jobs (Apple founder) got involved in the politicking of Gay Marriage, and so are blacklisted by families and normal hetero couples who care to protest, so I think this may be just another lil ol headache pill needed for Apple CEO’s … unless they quit pushing the barrow of 1% of the citizens against the Majority, fo an issue that usually has disastrous consequences anyhow*… (* remember Hitler used certificates and background records to weed out and execute gays in his military b4 WW2? – It can / will happen again, if and when the reaction begins.)