back to article Apple wins US ban on Samsung's Galaxy Tab 10.1

A US judge has granted Apple's request to ban Samsung Galaxy Tabs 10.1 in the US over a single patent. Judge Lucy Koh had previously denied the request for a preliminary injunction on the fondleslabs while the two tech giants duke it out in the patent arena, but an appeals court instructed her to think about it again. Her …

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Alert

Ouch!

That's gonna hurt.

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Anonymous Coward

Re: Ouch!

Not much as Samsung is already selling the Tab 2 10.1 which isn't covered by this injunction.

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Re: Ouch!

Plus if the main thrust of Apple's argument ("OMG - it's a rectangle with rounded corners", or whatever the "design patent" states) fails, then Samsung get the $2.6M bond as damages. Don't know if that would be the limit of those damages, though. Note that the original ruling stated that "Cupertino has yet to demonstrate those patents are valid" (from the old Reg coverage).

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FAIL

Re: Ouch!

sssshhh, don't spoil the Apple fanboy baiting party game....

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Re: Ouch!

I don't think it will hurt Samsung but Apple may feel some pain from the bullet in the foot. Banning anything is usually a good way to get people interested - especially teenagers.

"Look kids! The Tab 10.1 was so good, Apple had it banned - but we do have another one that's almost identical: the Tab 2 10.1. Get it before they ban it!"

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Pffft...

Can I just take this chance to say I really, really, really, really despise Apple and can't wait until karma hits them hard. Complete assholes!!

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Linux

Re: Pffft...

I am sitting in a room with 10 pc's. Some are Gateways, some Dells, and one Sony. They all look about the same (rectangle shape) and do essentially the same function. Perhaps if I patent a box shaped device that functions like a computer, I could shut down every computer maker in the world. I wonder how many of Apple's millions(billions) went into the pockets of corrupt US politicians.

Personally, because of this, I will never allow an Apple product into my house!

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Anonymous Coward

A favour to the consumer

Finally a judge who has done the consumer a favour by banning such an inferior product and saving many many people from iPad envy and disappointment.

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Re: Ouch!

Actually, that was 2.6 BILLION, not million.

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Anonymous Coward

Make the most of the tablet experience

20 years from now they will be an extinct concept, we will instead have embedded chips in out brains that will automatically switch your eyes from sight to Internet by pressing a button on the back of you head and turning your ear to move the pointer.

Embedded thought mouse will be banned because of serious concerns that men think about sex every 17.5 seconds and all we would watch would be porn films while working at our desks.

I have no idea who will hold the patent for this but I believe that Apple will have the best designed back of head buttons and ear-mice whereas Samsung will make huge jug ears, Apples will be proportionate and pretty, the others will be open to ridicule in the street suffering cat calls such as,'we won the cup'.

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Anonymous Coward

Re: Pffft...

Like you would have before? lol

"Because of this" what tosh...

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Trollface

Re: Ouch!

Probably not, given how few people are buying Samsung tablets they would make more money by making less.

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Happy

Re: Make the most of the tablet experience

Quick Patent That Idea! You dont have to actually make it to patent it!

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Flame

Enough.

They should both be sent to bed without any supper if they are going to be that childish.

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Silver badge

Re: Enough.

I wonder how childish you'd be if there were billions of dollars on the line.

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Gimp

$2.6m

Rather a cheap way for them to buy what is an effective monopoly.

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Anonymous Coward

Re: $2.6m

Not a monopoly by any stretch of the imagination. Samsung already sells an fully equivalent alternative with a slightly different design, the Tab 2.

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Re: Tab2

But.. the Tab2 doesn't sell as well as the Tab 1.

Could it just possibly be that its because it doesn't look like an iPad, so the buyers aren't misled?

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Linux

Re: Tab2

Are you seriously trying to imply that people buy this thing without knowing what it is?

Even if that is the case, they can still RETURN IT.

What everyone is really saying here is that Apple doesn't have any thing that distinguishes itself. The best it can do is compete on looks. There are no real substantive differences. There's no real reason for someone to buy an Apple product.

Otherwise, the fact that the Samsung device is a copy cat is meaningless.

Either the Apple product is good enough to compete on it's own merits or not. If it's good enough, the legal dirty tricks are simply unnecessary. Although they quite nicely demonstrate just what kind of scum Apple is. Just in case anyone had been duped into believing otherwise.

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Re: Tab2

The look of something clearly isn't obvious otherwise pc manufacuters wouldn't have been make butt ugly systems until they decided to copy apple.

And looks do matter or are you telling you'd happily drive a car that looks like a big hot pink dildo or wear clothes that look like stole them from a tramp.

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Re: Tab2 @toadwarrior

Looking arond, say, Dell's website or maybe Alienware I see... nothing that looks like Apple. My little Zbox looks nothing like apple. The various cases I can buy for my home-assembled boxes look nothing like apple.

Are you trying to claim that apple invented industrial design? That's probably the statement of greatest hubris I've heard all year.

Speaking of cars, most do look very similar. The 2012 Ford Focus looks a lot like the Audi A8, which looks like the BMW 5 series, which looks more than a little bit like the Rover 75. They're all 4 door saloons, similar profiles, similar sizes, similar design features, but do you see BMW suing Ford or Audi over that? No? No. Because that would be STUPID.

Apple's entire complaint is that the Samsung Tab looks a bit like an ipad, as long as you ignore the different dimensions, the different shape and the different design features. By that merit every car manufacturer in the world should be suing every other. They don't because the functional requirements of a car force it to be within a certain range of shapes that look very similar. In the same way, a tablet has to be a certain shape to be viable. That would be a rectangle with round corners, a few buttons, a screen and a case. Apple's argument is that the samsung tab is a rectangle with round corners, a few buttons, a screen and a case.

Do you see the problem?

Possibly not, considering your entire argument seems to be that nothing good came before Apple, and everything bad is someone else's fault. That's possibly the most insane and ridiculous argument anyone can make. It's the literal definition of cultic behaviour.

If you actually place the tablets side by side (without photoshopping them) the differences are immediately obvious, not least the shape of several main features, the difference in size and the fact that it says SAMSUNG on it in bloody great letters. Only an idiot could mistake one for the other.

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Re: Tab2 @toadwarrior

Looks a bit like an ipad? They're practically separated at birth.

https://www.focus.de/fotos/apple-ipad-links-und-samsung-galaxy-tab-10-1-im-vergleich_mid_932032.html

You can search google for something generic like android tablet. Every single one will be black, rectangular and most will have rounded corners yet none of them would be mistaken for an ipad. Samsung on the other hand wants their to look like an ipad.

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Happy

Re: $2.6m

It's not hardly a monopoly. There are tons of 10in tablets in the market, and the Tab itself is already obsolete. My guess is that the market at large won't even notice.

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Re: Tab2

What everyone is really saying here is that Apple doesn't have any thing that distinguishes itself. The best it can do is compete on looks. There are no real substantive differences. There's no real reason for someone to buy an Apple product.

You aren't really just figuring this out, are you?

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Re: Tab2 @toadwarrior

Samsungs lawyers when asked by the judge, could not tell the difference between the Galaxy Tab and a iPad. That's why Samsung lost the court case and why Apple got a ban. What you didn't mention is that Apple didn't sue HP over the TouchPad, RIMM over the Playbook, Asus over the Transformer or Amazon over the Kindle Fire but of course those tablets aren't blatant rip-offs.

Do you see the problem?

Possibly not, considering your entire argument seems to be that nothing good came from Apple. That's possibly the most insane and ridiculous argument anyone can make. It's the literal definition of cultic behaviour.

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Anonymous Coward

Re: Tab2 @toadwarrior

People shouldn't be drinking in their 4-door cars.

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Re: Tab2 @toadwarrior

Compare like with like. Opening the app drawer and comparing that with the iOS home screen is a huge con.

Also the dimensions are different, like I said, and then there's the camera, and the buttons on the side, and the status bar across the bottom, the lack of a "home" button...

The fact that it's designed to sit horizontally.

Face it, your entire premise is bunk.

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Re: Tab2 @droid on droid

Amusing. Silly, but amusing.

I own, or used to own I should say, an iPod touch. I had one of the old iPod minis. They were very good devices (the touch in particular got me through many a slow day at work when wifi was available). Apple are good at design, however they are not above using conniving tricks and gotchas as part of a concerted effort to use the force of the state to crush their competition. They are using the courts to prevent a fair market. That is not justifiable in any way and I don't understand why people are continuing to claim otherwise.

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Re: Tab2 @toadwarrior

Even IF we presume the devices look identical, is that really a patent infringement?? I thought patents were there to protect genuinely clever technological innovations, not inconsequential details like the width of the black border around the glassy rectangle...

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Re: Tab2 @toadwarrior

Wow, what a fraud. Why did they pull up the app tray on the Galaxy Tab? It is kinda fitting, since iOS is nothing more than a glorified app tray, but it's hardly fair or honest.

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Anonymous Coward

Re: Tab2 @toadwarrior

"Wow, what a fraud. Why did they pull up the app tray on the Galaxy Tab? It is kinda fitting, since iOS is nothing more than a glorified app tray, but it's hardly fair or honest."

It looks nothing like an iPad! The dimensions are *slightly* different! It has round corners that's all - like my table - LOL

*Here is a picture of it side by side looking like an iPad*

Wah! But ... but... you cheated! wah! normal people wouldn't run that app! wah!

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Anonymous Coward

Re: Tab2 @toadwarrior

The difference was that from where the judge was sitting even the Samsucopy lawyers could not tell which was 'theirs' - now that IS a shot in their own foot.

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FAIL

Re: Tab2 @toadwarrior

Sorry you are totally clueless. Maybe in your very limited world, all PCs are butt ugly, I build PC systems (gaming rigs to servers) and I can tell you this, if you look at custom cases for system builders there are some beautiful cases available. As already pointed out, "crApple" are NOT copied by many of the vendors who produce "what I deem to be nice looking systems" either.

Just because "to you" crApple products look "good?" (to me they are all the same boring light grey things with a bit of 'ooooohh-shiiiiiny' added in the mix, hardly inspiring), that doesn't mean the ROTW agrees with you, given you don't actually have any idea what alternatives are available.

I site Zalman as an example. Some of their PC cases are marvellous, not just for looks but for practical reasons.

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WTF?

Re: Tab2

I'd draw the lie at pink a dildo is certainly a statement - hot rod springs to mind.

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Mushroom

Couldn't they just compete on being good at what they do and not in the "who's got the best lawyers or chooses the most friendly court" department.

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That's just crazy talk.

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If you apply that to Samsung then that would be, copying, because that is what they do best. That company is much hated within its industry for this very reason

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Facepalm

A ban based on a design patent??

There are no words…

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Facepalm

Re: A ban based on a design patent??

Double D'oh.

My thoughts exactly. How on earth did Apple ever get a design patent on such a generic non-distinctive design. It's not like there is no prior art of tablet like gadgets that are rectangular with rounded corners.

Patents are supposed to require a creative non-obvious step. How is the iPad shape anything other than ordinary?

If I were Samsung I would start shipping my thrid quality processors to Apple. That'll shut them up.

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Bronze badge

Re: A ban based on a design patent??

Actually, there are. None of them for use in polite company, however.

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Anonymous Coward

Re: A ban based on a design patent??

I suppose it's a case 'if it's that simple, why weren't people making tablets prior to 2010?'

If you get there first, I think it's fair you should have some sort of protection.

Who's to say Apple's interpretation of a tablet is the best? Is Samsung's similar because they can't think of anything better, or because it is an intentional copy to satisfy the consumer's idea of what a tablet should look like?

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Linux

Re: A ban based on a design patent??

There was a similar tablet in 1994.

The design also showed up in a movie in 1969.

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Re: A ban based on a design patent??

It has nothing to do with just being rectangular or having rounded corners. Virtually evey tablet has those basic design principles. It's the exact look of the ipad that patented and yes the tab 10.1 looks damn near identical to the ipad which is why it was singled out.

Just like apple macbook air design patent doesn't stop a pc from having a wedge shape. It stops it from looking exactly like the macbook air. If this stuff is so generic and obvious why can't anyone come up with it before apple?

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Re: A ban based on a design patent??

Neither of which look exactly like an ipad. If you can't tell the designs apart then you probably shouldn't be commenting on them.

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Facepalm

Re: A ban based on a design patent??

BREAKING NEWS- Cupertino, CA (MCN) - Apple, Inc., the company widely known for its products in the computer field, has just announced it has completed its purchase of the Ford Motor Company. A company spokesman said, "Apple is excited with this opportunity to build "customer friendly cars" that cost twice as much as the base price of any other manufacturer's vehicles." More to follow...

BREAKING NEWS - Cupertino, CA (MCN) - Apple, Inc., having pored over the patents it acquired in its purchase of the Ford Motor Company, has just filed a design patent for "a Ubiquitous Self Powered Machine for Transportation of Well Heeled Persons". More to follow...

BREAKING NEWS - Cupertino, CA (MCN) - Apple, Inc., has announced that the "look and feel lawyers" division of Apple has filed a sweeping lawsuit against General Motors, Chrysler Corporation, Goodyear and Bridgestone for their manufacture and use of rubber tires, that they say is a clear violation of Apple's intellectual properties. More to follow...

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Re: A ban based on a design patent??

http://www.courierpress.com/news/2012/jun/19/microsofts-long-and-tortured-history-tablets/

nuff said. Go back to your hole.

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@toadwarrior

Samsungs lawyers when arguing that the Galaxy Tab wasn't a copy of the iPad were asked in court by the judge if they could tell which was the Tab and which was the iPad. They admitted they couldn't. If you can't stick to the facts then you probably shouldn't be commenting on them.

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Re: A ban based on a design patent??

Apple is moving towards dumping Samsung because they can't be trusted. As far as design goes how come all the tablets prior to Apple's iPad don't look like the iPad? Do all current tablets look like the iPad. No, but the Tab 10 looks like a twin which is why they lost.

This win is actually great for innovation and the consumer because it will force everyone to make distinguishing products.

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Re: A ban based on a design patent??

I wish they'd do that with apples and fried rice.

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Silver badge

Re: A ban based on a design patent??

>If you get there first, I think it's fair you should have some sort of protection.

Only if you have done something unique and non-obvious. IMHO making an existing device design larger so you can see more on the screen is relatively obvious, given that desktop screens have been getting larger for precisely the same reasons for many years.

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