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dgstorm
09-09-2011, 12:43 PM
http://static.droidnetwork.net/dgstorm/df/SamsungAppleLawsuit.jpg

It's rather surprising that we get something new about the Apple vs. Samsung lawsuits everyday. It's not surprising from a journalistic point-of-view, but it is surprising because usually court cases take a lot longer than this. At any rate, after Samsung scored a pseudo-victory against Apple in the Netherlands, now they have scored a stinging defeat in Germany. The Dusseldorf court ruled in favor of the Apple ban on the Samsung Galaxy Tab 10.1 in Germany.

Originally, this was a preliminary injunction to bar Samsung from selling the device in all of Europe except the Netherlands. Then, the lawsuit was downgraded by the court to include just Germany. The judge in the proceeding upheld the preliminary injunction. Now it must go before a Higher Regional Court to determine if it should become a permanent ban.

Here's a quote from the TalkAndroid article with some details and comments from the judge,
Presiding Judge Johanna Brueckner-Hofmann said the following when delivering the verdict:

“The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible. For the informed customer there remains the predominant overall impression that the device looks like the design Apple has protected in Europe.”

The judge said the court didn’t compare the Galaxy Tab 10.1 with the actual iPad, but instead focused on a design Apple filed with the European Union intellectual property agency in Spain.

“Samsung’s tablet didn’t keep enough distance from the Apple design,” the judge said. “While the back of the Galaxy is different from Apple’s registered design, the important feature is the front, which is nearly identical,” she said.

“The crucial issue was whether the Galaxy tablet looked like the drawings registered as a design right,” she said. “Also, our case had nothing to do with trademarks or patents for technology.”

Samsung will appeal the ruling. Their statement indicated that the ruling “severely limits consumer choice in Germany,” and “restricts design innovation and progress in the industry.”

Source: GalaxyForums.net (http://www.galaxyforums.net/forum/galaxy-news/3728-apple-succeeds-getting-samsungs-galaxy-tab-10-1-banned-germany.html#post45644) and GalaxyTabForums.net (http://www.galaxytabforums.net/forum/galaxy-tab-news/1230-apple-succeeds-getting-samsungs-galaxy-tab-10-1-banned-germany.html#post5418) via TalkAndroid (http://www.talkandroid.com/59443-breaking-apple-is-victorious-in-getting-samsung-galaxy-tab-10-1-banned-in-germany/) and Bloomberg (http://www.bloomberg.com/news/2011-09-09/apple-wins-ruling-for-german-samsung-galaxy-tablet-10-1-ban.html)

gbrinn
09-09-2011, 12:56 PM
Pretty pathetic...

dig'em
09-09-2011, 01:38 PM
Yeah, it is pathetic for a company to become successful by legally wiping out its competition. If I'm not mistaken, isn't that the definition of "monopoly ?"

Its just like Harley Davidson, if they had more engineers than lawyers, they may actually make a product that people buy because its better than the competition.

froyo crusaider

nemosfate
09-09-2011, 01:46 PM
Yeah, it is pathetic for a company to become successful by legally wiping out its competition. If I'm not mistaken, isn't that the definition of "monopoly ?"

Its just like Harley Davidson, if they had more engineers than lawyers, they may actually make a product that people buy because its better than the competition.

froyo crusaider

Your analogy is spot on
This makes me hate apple more and more each day

root, roms and themes oh my!

Revenant0101
09-09-2011, 01:52 PM
Hate Apple!

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saul1991
09-09-2011, 02:03 PM
Haha apple trying to start a monopoly lol

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gbrinn
09-09-2011, 02:33 PM
Haha apple trying to start a monopoly lol

Sent from my DROIDX using Droid X Forums

Basically, yeah. If I'm not mistaken, they've lost market share to Android phones and there are 500k new Android activations on a daily basis world wide. So, Apple is trying to shut down the competition by using the legal courts rather than proving product superiority in the court of public opinion.

hlaalu
09-09-2011, 02:47 PM
Cool. Next lawsuit from crapple will be over any devices with rectangular screens.

gbrinn
09-09-2011, 02:49 PM
Cool. Next lawsuit from crapple will be over any devices with rectangular screens.
Or larger screens (screen envy from iPhone users)...

dig'em
09-10-2011, 08:42 AM
Cool. Next lawsuit from crapple will be over any devices with rectangular screens.

Or phones with no hard buttons...

Its just stupid. That is one of the two main reasons that I will not own their products, especially phones. The other reason is that I absolutely loathe iTunes.

froyo crusaider

gbrinn
09-10-2011, 08:52 AM
crApple: If you can't outsell 'em, sue 'em!


Or phones with no hard buttons...

Its just stupid. That is one of the two main reasons that I will not own their products, especially phones. The other reason is that I absolutely loathe iTunes.

froyo crusaider

I like iTunes as a music platform, but being locked into it for doing anything to my phone (like adding/removing files/photos, etc)? P.A.S.S. I love the plug-n-play of my DX.
Locked into taking my phone to an Apple store to have the battery changed? Pass.
Locked out of OS upgrades because Apple says my 2yr old phone is too old? Pass. (3rd party developers, FTW!)
Locked out of expanding the memory of my phone?

The list goes on and on...

3rotorRX8
09-10-2011, 09:00 AM
Absolutely BS!!! I hope every manufacturer that has a product that uses android sues the brakes off crapple for ISO 5!!! Apple can't handle that there phones and tablets are garage and they are period!!! Apple has absolutely no inivation!!!! Bring out something fresh apple not the same played out junk then u might can sell something!!!

Macbook air and pro now for sale

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dig'em
09-10-2011, 11:59 AM
I would have to agree that crapple did put put the first touch screen phone that had a powerful and polished os, but the Wright brothers were the first in flight, and they were by far the "best" airplanes forever. It was pretty good for the time, but eventually it was hung up in a museum... where the iPhone needs to be.

froyo crusaider

Like_A_Boss57
09-10-2011, 02:21 PM
The Iphone was top notch back when it's only competition was RIM (Blackberry).

I remember back when the Iphone 3G came out back in 2008, Apple had claimed that it was 5 years ahead of it's time....I think Apple is just scared Android powered phones still have 2 years to "catch up" and they are already outperforming any Iphone without a struggle.

gbrinn
09-10-2011, 02:43 PM
Could very well be.

Leach19m
09-10-2011, 02:56 PM
I love the statement that the judge made about the minimal design not being the only way to make a tablet. How many buttons does a tablet need before it's asimilar enough? Should it have a row of useless, non-functional buttons? The point of tablets over laptops is that they're streamlined, efficient, easy to use and carry...so really, yes, the minimal design is pretty much required to make a tablet that people will buy. And since that's the reason apple won, why aren't they suing every single manufacturer of phones and tablets everywhere (likely just a matter of time) since that design is a functional mandate (almost) so you see it on almost all mobile devices.

Worst judge ever.

My name is Mike, and I'm a flashaholic. But thanks to my sponsor, MIUI, I've been clean for weeks.

gbrinn
09-10-2011, 02:57 PM
I love the statement that the judge made about the minimal design not being the only way to make a tablet. How many buttons does a tablet need before it's asimilar enough? Should it have a row of useless, non-functional buttons? The point of tablets over laptops is that they're streamlined, efficient, easy to use and carry...so really, yes, the minimal design is pretty much required to make a tablet that people will buy. And since that's the reason apple won, why aren't they suing every single manufacturer of phones and tablets everywhere (likely just a matter of time) since that design is a functional mandate (almost) so you see it on almost all mobile devices.

Worst judge ever.


This^, +1. Terrible opinion and the wording should fail on appeal if the appelate judges have any sense.

Chocobubba
09-10-2011, 03:00 PM
Apple's policy must be just like Andross.

"If I go down I'm taking you with me"

~PheoniX the Droid X relayed this for me.

firefighterguy
09-10-2011, 03:14 PM
So basically, Jobs steps down and crApple decides that the only way they can keep themselves going and getting money is petty lawsuits and judgements? That's mature. I know phone companies do this type of thing to eachother all the time. But usually its like, "whatever." But this is going way over the top. My hatred toward Apple just got even bigger and stronger.

____________________
"King of the Self-Edit'"

"Patriotism is supporting your Country at all times. And your government only when it deserves it" --Mark Twain

gbrinn
09-10-2011, 03:16 PM
Jobs/Apple used to whine and moan about monopolistic behavior on the part of Microsoft. Pot, meet Kettle...

Like_A_Boss57
09-10-2011, 03:29 PM
Apple's policy must be just like Andross.

"If I go down I'm taking you with me"

~PheoniX the Droid X relayed this for me.

Haha so true.

There was a similar situation in the hookah community not too long ago. One tobacco brand called Starbuzz used to be #1 when it came to hookah flavors, but many other brands began to take over their market share when they started putting out superior products and Starbuzz actually lowered the quality of their product, but kept the same price (which, to this day, is one of the more expensive brands). Not too long ago Starbuzz started to sue other brands for the names of their flavors being SIMILAR. One of my favorite brands called Social Smoke was a large target due to their popularity growing by an insane amount, and one of the flavors they were being sued over is called "Baja Blue". Starbuzz has a similar flavor (which is a blueberry, with a hint of chocolate flavor) called "Blue Mist".

Pretty ridiculous that companies nowadays are suing other companies for petty stuff just because they are offering a superior product and consumers are recognizing that. Instead of improving, they just sue.

skooter16
09-10-2011, 04:35 PM
Oh look the iPad 2 and iPhone 5....same product but we updated it to say 2 or 5 in your settings! Be superior to the iPad and older iPhones because your new device does the same thing!

Boo on you Apple, your just like other big businesses in the fact that you turn out the same **** every year, then get mad because no one wants it.

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gbrinn
09-10-2011, 09:18 PM
It's not the same! They updated a corner on the shell! /sarcasm, lol

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firefighterguy
09-10-2011, 10:19 PM
AANNDD, they now have a super-uber magic case that increases their signal strength.

____________________
"King of the Self-Edit'"

"Patriotism is supporting your Country at all times. And your government only when it deserves it" --Mark Twain

naidanirt
09-11-2011, 02:33 AM
Apple seems to be taking out anyone who has better screen resolutions from them.... samsungs have the best screens out there...

naidanirt
09-11-2011, 02:37 AM
I love the statement that the judge made about the minimal design not being the only way to make a tablet. How many buttons does a tablet need before it's asimilar enough? Should it have a row of useless, non-functional buttons? The point of tablets over laptops is that they're streamlined, efficient, easy to use and carry...so really, yes, the minimal design is pretty much required to make a tablet that people will buy. And since that's the reason apple won, why aren't they suing every single manufacturer of phones and tablets everywhere (likely just a matter of time) since that design is a functional mandate (almost) so you see it on almost all mobile devices.

Worst judge ever.

judge must have been a crapple fanatic....

Chocobubba
09-11-2011, 05:08 AM
I say anyone who prefers apple over android simply lacks the mental capacity to operate an android. Let apple thrash in it's grave because we all know their swan song already came and their fifteen minutes are up.

~PheoniX the Droid X relayed this for me.

gbrinn
09-11-2011, 01:08 PM
Lol. Now let's play nice ;)

Leach19m
09-11-2011, 03:14 PM
I say anyone who prefers apple over android simply lacks the mental capacity to operate an android. Let apple thrash in it's grave because we all know their swan song already came and their fifteen minutes are up.

~PheoniX the Droid X relayed this for me.

haha I have to disagree. My girlfriend is a smart girl and she has a droid x that she can use just fine. What she lacks however is the patience to deal with its random querks. I'm thinking she's going to get the iphone 5 at her next upgrade :(

mugz91
09-11-2011, 04:07 PM
haha I have to disagree. My girlfriend is a smart girl and she has a droid x that she can use just fine. What she lacks however is the patience to deal with its random querks. I'm thinking she's going to get the iphone 5 at her next upgrade :(

+1 on this. And I feel your pain, the wifey has an iphone as we speak (type, whatever). She got hers when I got my X. We are so opposite it's scary. Lol.

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Chocobubba
09-11-2011, 04:19 PM
+1 on this. And I feel your pain, the wifey has an iphone as we speak (type, whatever). She got hers when I got my X. We are so opposite it's scary. Lol.

Sent from my DROIDX using Droid X Forums

When the war is over we will see who wins. (And how apple losses)

~PheoniX the Droid X relayed this for me.

gbrinn
09-11-2011, 06:09 PM
Well, if crApple keeps getting legal wins against Android manufacturers, there won't be any competition left. Good thing is, they've only gone after HTC and Samsung (so far) and have ignored Moto/Google.

Chocobubba
09-11-2011, 06:38 PM
Well, if crApple keeps getting legal wins against Android manufacturers, there won't be any competition left. Good thing is, they've only gone after HTC and Samsung (so far) and have ignored Moto/Google.

Can we call it motoroogle?

~PheoniX the Droid X relayed this for me.

nemosfate
09-11-2011, 06:46 PM
Well, if crApple keeps getting legal wins against Android manufacturers, there won't be any competition left. Good thing is, they've only gone after HTC and Samsung (so far) and have ignored Moto/Google.

I don't think they'd have a chance against moto/google

root, roms and themes oh my!

gbrinn
09-11-2011, 06:50 PM
Buying Moto, I think, is part of a strategic move to protect against suits from crApple: Moto has tons of software patents already and Google has very few by comparison.

dig'em
09-11-2011, 11:10 PM
If you guys keep calling them crApple, they may file suit on this site.... shhhhhh, they're watching us

froyo crusaider

3rotorRX8
09-12-2011, 07:13 AM
Just add more buttons and we should be safe :-)

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gbrinn
09-12-2011, 08:46 AM
Just add more buttons and we should be safe :-)

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Lol, yeah, since minimalism is apparently patentable...

Sent from my Droid X on CM7-GB

Like_A_Boss57
09-12-2011, 03:55 PM
One of my buddies got an Iphone 4 today. Had his OG Droid from a week after it's release until now. He said he was sick of how slow is Droid was so he wanted to try the Iphone.......we yea your phone was slow because it's old and has 1/8th of the power of the current Android phones (so 1/2 the power of an Iphone). It's a sad day.

Leach19m
09-12-2011, 03:57 PM
One of my buddies got an Iphone 4 today. Had his OG Droid from a week after it's release until now. He said he was sick of how slow is Droid was so he wanted to try the Iphone.......we yea your phone was slow because it's old and has 1/8th of the power of the current Android phones (so 1/2 the power of an Iphone). It's a sad day.

You have a week or so to change his mind, get to work!

My name is Mike, and I'm a flashaholic. But thanks to my sponsor, MIUI, I've been clean for weeks.