iPad 2 compared to Samsung Galaxy 10.1

Samsung is having a rough go against Apple in Germany, but that’s apparently not setting a precedent for the rest of Europe. The Court of the Hague, in the Netherlands, has denied an appeal from Apple to place an injunction on Galaxy Tab 10.1 sales on grounds of design patent infringement. The Dutch ruling took into account two out of six potential pieces of prior art, though they may take more into consideration later on. Apple has already been shot down once for this case in the Dutch lower courts, and having the appeal denied as well means this case is pretty cut and dry.

It's great to see Samsung is successfully defending their products against what is now amounting to a legal pissing match. Even Australia, which had initially placed a ban on Galaxy Tab 10.1, eventually relented. Can we really expect any injunction against any device to stick just because it kinda-sorta looks like a competitor in its class? Unless they're coming close to copying the name too, I don't see any consumer confusion arising from physical similarities. 

You can find the full Dutch court ruling, ripe for Google Translating, over here

Source: FOSS Patents via iMore


Reader comments

Samsung defends against Apple design infringement claim in Netherlands


1)Patents still suck the life out of innovation.
2)Lawyers are making a killing on all of this. I can't remember the figure from CNET but the amount estimated on Apple's lawyers was mind boggling.

Could you imagine what the possibility in a Price Drop would be if these companies did not have to spend Millions of dollars in legal fees.

Or imagine the possibility if all that money went to a good cause rather than to lawyers? Assuming Samsung spent half that defending, $150 million would feed and clothe a buttload of impoverished people.

Just sayin' ...

By suing Samsung, Apple is admitting that they are worried that people will like the Android experience better.

Think about it. If someone bought a Tab because it was a little cheaper than the iPad and seemed equivalent then took it home only to find that Android sucked, they'd likely return it and buy an actual iPad instead. This would end up reinforcing brand loyalty for Apple. The fact that Apple has decided to sue instead of compete shows clearly that they are afraid that instead of being turned off, that Tab user will like Android and become entrenched in the Android ecosystem.

How exactly is Apple not competing? I get that they're suing, and I don't really care for that much.

But no matter what electronics store I go into, I see a section for Apple with the iPads, and I see a section for all the other tablets, of which there are many available. That is competition.

What definition of compete are you using?

when the court said they "differ in thickness" they really mean the Galaxy tab is THINNER than the ipad - oh and it has stereo speakers unlike the iFAIL - omg I hate Apple so much! I am gonna go put music on my Galaxy tablet and NOT install iTunes lol - just drag and drop

Man I'm so happy that the courts are catching on to this BS that Apple is doing. Also I need to stop going to bgr cause most of their stories are fake and the site is full of trolls. I like that most of the comments on here are pretty intelligent.

I'd love to say that is everywhere but Germany is swinging the other direction. Consistency in legal rulings would be nice.

Apple has completely lost their minds, they're definitely afraid of Samsung grabbing hold of their market share. And now that Samsung has replaced Apple as the most popular manufacturer in the world Apple is looking for any foothold they can. If Apple truly believed their own bs they'd be going after EVERY tablet and smartphone manufacturer in the world, from Acer to ZTE. Apple thinks they invented the design styles and form factors they're fighting these legal battles over they themselves copied other manufacturers for. The nature of industrial design is that you stick with what sells, these designs have been the most popular and so have become almost a standard. Apple is batshit crazy to think they alone can capitalize on something they did not innovate

A great article here:

"The never-ending war on Android has cost Apple more than $100 million, according to latest estimates. While a huge chunk of that money was wasted in claims against HTC. So far, 84 claims have been filed against different Android manufacturers (HTC, Samsung, etc.) for patent infringements, out of which only 10 were proved to have been infringed and only one ruling has gone in Apple's favor."