No Samsung ban for Apple in US A US court has rejected Apple's bid to get an early ban on Samsung products in the country. The iPhone-maker was looking for a preliminary injunction against the Korean firm's products based on patent infringements. To succeed in winning a ban, Apple needed to show that it would be harmed more by Samsung continuing to sell …
...how long before European courts follow suit?
Of course, it's possible that having had a few court cases already, Samsung now know the exact specifications / design features that Apple are moaning about, so can pre-prepare a robust defence (including in some cases finding examples of prior art to debunk the granting of the patent(s) in the first place!)
Also, the Galaxy Tab doesn't have a white square in a depresse, iPhone black circle. In fact, the Galaxy Tab has no circle or square painted on the face to indicate portraits or landscapes up or down. The radii are different, too, last time I walked by and touched and held them.
Apple must think their iPad users are pretty damned dumb or stupid or indiscriminant to fire up a GT and BELIEVE it is an iPad or pick up an iPAD and think "Wait, I want the Galax....."
"Does your wife work as lawyer for a hatchback maker? No? How's your post relevant then?"
Because the suggestion is that if someone not necessarily well versed in the subject thinks two things look similar then they must be the same and further that one is a copy of the other. This is clearly bullshit. They are trying to suggest that the age old 'man in the street' test is applicable to IP patents. IP patents are flaky enough as they are but this is frankly laughable.
FACT: Only utter fucking idiots could not tell them apart. Those idiots include:
- A couple of Samsung's lawyers.
- Apple's entire customer base (Apple obviously think that their customers are thick as shit. That's why they took Samsung to court - to prevent the iFans from accidentally buying the 'wrong' tablet).
My recollection differs: I recall reading that the Judge held up the devices and that the *Apple* lawyer could not tell the difference, but the Samsung lawyer picked the correct one after a few seconds looking at it.
Now, according to a previous story, the law says an informed person should be able to tell them apart. However, there was nothing about how long they could spend looking at the two devices. Also, at what distance? That was missing from the previous story.
The case isn't over yet. I'm sure they will if/when it gets proven, not until then.
Samsung likes painting themselves as the underdog but they're hardly saints when it comes to litigation. Have a read of this for enlightenment:
"South Korean electronics giant's libel suit against a British columnist"
http://articles.latimes.com/2010/may/10/world/la-fg-korea-samsung-20100510
...is some of the design alternatives that Apple proposed as part of this legal farce. According to Apple's crack(pot) legal team, tablets and phones don't *have* to be rectangular - hell, they don't even need to be square shaped! It would seem that Samsung could've saved themselves a world of bother if they had just made the Galaxy tablet triangular, or circular, or trapezoidal even. Just anything but Apple's patented rectangle with rounded corners, for which no prior art clearly exists.
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