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Samsung Lawyer Fails To Differentiate iPad and Galaxy Tab In Court

Soulskill posted more than 2 years ago | from the shouldn't-you-know-these-things dept.

The Courts 495

Several readers sent in a story that's sure to be embarrassing for Samsung. The company has been involved in a drawn-out patent dispute with Apple over similarities between the Galaxy Tab and the iPad. Today, during a court session, U.S. District Judge Lucy Koh held up both objects and asked one of Samsung's attorneys whether she could identify which was which. The attorney replied, "Not at this distance, your honor." The distance was roughly 10 feet. The judge then quizzed the rest of Samsung's lawyers. After a brief hesitation, one of them was able to correctly identify the Galaxy Tab.

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Not allowed to look closely? (4, Insightful)

bhagwad (1426855) | more than 2 years ago | (#37718760)

Two rectangular slabs are supposed to be perfectly distinguishable at 10 feet? Perhaps Apple wants Samsung to make round tablets. How bout trapezoidal? I'm sure that's not patented...

Can't differentiate between the two? (5, Funny)

Cryacin (657549) | more than 2 years ago | (#37718780)

How about turning them on? The one that works is a Samsung.

Re:Can't differentiate between the two? (-1)

Anonymous Coward | more than 2 years ago | (#37718958)

Fucking troll.

Re:Can't differentiate between the two? (-1, Flamebait)

BitZtream (692029) | more than 2 years ago | (#37719020)

I'm sorry, I missed the joke. What is it exactly?

Your statement seems odd for a joke considering that the iPad sells a order of magnitude or 3 more units than the tab, so what did I miss? You got something funny or are you just an ignorant fanboy?

Re:Can't differentiate between the two? (-1)

Anonymous Coward | more than 2 years ago | (#37719198)

So he made a funny joke, but you don't get it, because you have no sense of humor about something about his joke. My guess would be that you like the iPad and are the real ignorant fanboy. Or perhaps you're bitter that you're iPad never worked right. Or any of probably a million other reasons that you would not get the humor in this guy's joke.

Statistics of how much one sells versus the other is fucking stupid to bring up to this joke. It's not a serious post. Don't take it so damn seriously and have to throw every little bit of reality. It's funny because it's an exaggeration of one person's reality, which is not necessarily actual, real reality.

Or maybe now I'm feeding a troll...

Re:Can't differentiate between the two? (1)

Toonol (1057698) | more than 2 years ago | (#37719194)

Heh. You touched some nerves with that.

Other way? (3, Insightful)

SuperKendall (25149) | more than 2 years ago | (#37719256)

For something to be funny, it has to be based in truth... an Android tablet having run out of power rings far more true than the iPad having failed for some reason.

But part of the point of the lawsuits is that even on, most would be hard pressed to tell them apart...

Re:Not allowed to look closely? (3, Insightful)

Dyinobal (1427207) | more than 2 years ago | (#37718830)

pft I doubt I could tell them apart I've only ever really seen either in a store and they have plenty of signs around them that lets me know just what tablet they are. At ten feet I doubt I could tell them apart, unless the apple one has a logo on the front. After all what's the tell apart, from them? They are both rectangular with rounded corners.

I also couldn't easily identify a Chevrolet Silverado from Ford F150 with out their freaking symbols plastered all over them. I don't see Ford suing Chevy though.

Re:Not allowed to look closely? (3, Insightful)

Rubinstien (6077) | more than 2 years ago | (#37719086)

I could. Easily. I can tell them apart by the sound of the engine, sight unseen, by the shape and spacing of their headlights in my mirrors at night, or by a raft of stylistic details from several blocks away. But, then, *I* like automobiles. These lawyers probably don't care at all about technology. Hold up a $50 and a $5 at 10 feet and I bet they have no trouble at all distinguishing the two.

Re:Not allowed to look closely? (0)

Anonymous Coward | more than 2 years ago | (#37719306)

Yes, yes, yes. And if I spent as much time memorizing the look of tablets as you apparently spend memorizing the look of cars, I could tell the Galaxy Tab apart by sight too.

Re:Not allowed to look closely? (2, Informative)

MobileTatsu-NJG (946591) | more than 2 years ago | (#37719166)

I have both a Tab and an iPad and they are hard to tell apart sometimes. I can think of a couple of times where I've reached for one thinking it was the other.

They are pretty simliar, even at distances closer than 10 feet.

   

Re:Not allowed to look closely? (2)

blind monkey 3 (773904) | more than 2 years ago | (#37719322)

Totally different dimensions

Re:Not allowed to look closely? (2)

Wyatt Earp (1029) | more than 2 years ago | (#37719330)

An F150 has more 90 degree angles, the Silverado has more curve to the hood and truck bed.

http://www.chevrolet.com/silverado-pickups/ [chevrolet.com]
http://www.ford.com/trucks/f150/ [ford.com]

The Tundra has more front end fender flare.
Rams have more open grills and try to look more like a tractor rig than a pickup.
The Titan has much more arc to the cab and windshield.

Thats how to tell the five full sized trucks apart.

I've been driving full sized Chevys since '85, I can identify pretty much every Chevy or Ford model since '71 by year.

Re:Not allowed to look closely? (1)

Wyatt Earp (1029) | more than 2 years ago | (#37719246)

I can tell an iPad and iPad 2 apart at ten feet, Samsung needs lawyers with better perception skills.

Big whoop (3, Insightful)

Moheeheeko (1682914) | more than 2 years ago | (#37718762)

Black slate of plastic with rounded corneers, like every other tablet on the market. Its like trying to identify between name brand and generic cereal by looking at a bowlfull.

Re:Big whoop (0)

Anonymous Coward | more than 2 years ago | (#37718862)

"like every other tablet on the market"

yep... that ripped off Apple.

Re:Big whoop (2)

h4rr4r (612664) | more than 2 years ago | (#37718888)

Tablets existed long before apple made one.

Re:Big whoop (2)

bennomatic (691188) | more than 2 years ago | (#37718948)

Yes, that's true, but Apple's doesn't look like any tablet that existed as a commercial product before it, and the "rip offs" the GP poster is referring to is all the tablets coming after Apple who have copied Apple's successful design. Why couldn't they have instead copied other designs like the one that featured a convenient carry handle? Sony's got an interesting wedge design that is totally unmistakably not a rip-off of Apple's, for example.

Re:Big whoop (1)

unity100 (970058) | more than 2 years ago | (#37719010)

bullshit. apple's tablet looks like many other tablets before it from the front. apple is only riding on the shiny rounded metallic corner shit from the back.

Re:Big whoop (1)

BitZtream (692029) | more than 2 years ago | (#37719062)

Theres a difference between 'looking like a tablet in general' and 'looking like an iPad'. The difference is much like the difference between a Chevy Impala and a Fiero as a Ferrarri kit car. One is just a fact of design, the other is a blantant attempt to look exactly the same as the superior product.

Re:Big whoop (1)

Joce640k (829181) | more than 2 years ago | (#37719274)

The difference is much like the difference between a Chevy Impala and a Fiero as a Ferrarri kit car.

Have you actually seen the 'design' this court case is revolving around?

Here ya go: http://www.scribd.com/doc/61944044/Community-Design-000181607-0001 [scribd.com]

A pencil sketch of a rectangle with rounded corners and a square drawn on the front.

Yeah, that could only have been done by an utter design genius.

Re:Big whoop (1)

Joce640k (829181) | more than 2 years ago | (#37719296)

PS: Is that even an iPad? Where's the button?

Re:Big whoop (2, Interesting)

bennomatic (691188) | more than 2 years ago | (#37719104)

Look at this URL [osxdaily.com] and tell me you don't see a radical shift in design thinking after the iPad. Can you not tell the difference at all?

Re:Big whoop (1)

h4rr4r (612664) | more than 2 years ago | (#37719290)

That is fanboy cherry picking. Go google tablet PC and check out all the old XP running tablet PCs that looked basically just like an iPad years ago.

Re:Big whoop (1)

Altesse (698587) | more than 2 years ago | (#37719028)

Well, then I guess it's a fscking chance for us all that the SRI or Xerox did not sue Apple to death to enforce the licensing of the concept of a mouse-driven windowed OS...

Re:Big whoop (1)

bennomatic (691188) | more than 2 years ago | (#37719248)

Dude, it's good that [car analogy] and [Godwin comparison] and [Rule 34 example] didn't happen either! That and [open vs. walled garden/jail comparison] and I can win any argument! And did I say "open"? Open!!!

Re:Big whoop (2)

h4rr4r (612664) | more than 2 years ago | (#37719090)

Because maybe anyone would tell you a carrying handle is a stupid idea?

Apples tablet is a total clone of the old HP Compaq Tablet PC TC1100 without the keyboard. Which slid behind the screen. A silver round cornered tablet.

Re:Big whoop (1)

bmo (77928) | more than 2 years ago | (#37719112)

The problem is that Apple's form factor and "blank rectangular slab" is not unique nor creative. All you have to do is watch 2001:A Space Odyssey to see a design that is 40 years old. And I'm not talking about the Monolith.

And even then, it's not as if the Dynabook, another 40 year old design, was unknown to Jobs.

And here we are arguing about rounded corners. What the FUCK is so creative about rounded corners and form factor?

There is no IP stealing here because there was no I and no P to steal.

That's what's so galling about Apple suing anybody that makes a rectangular slab computer.

--
BMO

Re:Big whoop (3, Informative)

narcc (412956) | more than 2 years ago | (#37719158)

Copied Apple's design?

The ill-fated CrunchPad and JooJoo Pad look nearly identical, black rectangle, rounded corners, etc. Both long before the iPad.

Let's not forget the equally ill-fated HP Slate which looks like a CruchPad or JooJoo tablet -- which we saw at CES 2010 a couple weeks before the iPad made an appearance.

Here's a picture for you: http://www.2imgs.com/6c941c36e5 [2imgs.com]

Are you still sure that they copied Apple? Did they steal a time-machine as well?

Re:Big whoop (1)

CheerfulMacFanboy (1900788) | more than 2 years ago | (#37719060)

Tablets existed long before apple made one.

And they didn't look nor work like an iPad.

Think different (1, Insightful)

0xABADC0DA (867955) | more than 2 years ago | (#37719286)

It's amazing to me to what extremes people can go to justify their tribes. Here we have college educated people who's job it is to show the differences in the products not being able to recognize their own product. If these people can't tell the difference from a reasonable distance then the general public 10' away in Starbucks sure the hell isn't going to.

It's patently obvious (har har) that Samsung set out to clone iPad, the packaging, the icons, the charger, the IO port, etc. They're going to lose these cloning suits and for good reason.

It's sad that Microsoft is now one of the more morally upstanding corporations (by comparison only) in the industry. At least they create things and with Zune, WP7, etc they do it their own unique way instead of just blindly copying like Google (copying the OS) and Samsung (copying the product).

At least guess randomly (1)

Anonymous Coward | more than 2 years ago | (#37718764)

That way you have a 50% chance of not being embarrassed.

Re:At least guess randomly (1)

CheerfulMacFanboy (1900788) | more than 2 years ago | (#37719106)

That way you have a 50% chance of not being embarrassed.

And a 50% of making a complete ass of yourself by claiming the competitor's product (you claim doesn't look like yours) as your own.

Good Times. (3, Funny)

Wovel (964431) | more than 2 years ago | (#37718768)

No matter how you feel about patents, Apple, or Samsung, this is funny.

Re:Good Times. (5, Insightful)

Nadaka (224565) | more than 2 years ago | (#37718930)

It is funny that lawyers are that clueless.

The galaxy tab has a dramatically different aspect ratio.

Can you identify the difference between an old fashioned tv and a widescreen tv?

I can and I don't even need to have them sitting next to each other.

Re:Good Times. (0)

Anonymous Coward | more than 2 years ago | (#37718986)

Yep. I would have thought aspect ratio would be the clear giveaway here. Even though some of us might not be able to identify then at 10ft a lawyer who has properly studied the patents and designs should easily be able to.

Re:Good Times. (2)

BitZtream (692029) | more than 2 years ago | (#37719092)

You can, 99% of the population, probably not as the rest of the population doesn't know what 'aspect ratio' even MEANS for the most part.

Re:Good Times. (1)

Joce640k (829181) | more than 2 years ago | (#37719156)

The galaxy tab has a dramatically different aspect ratio.

Depends on how you hold it.

I suspect shenanigans. Obviously the person holding them up wanted the other guy to get the answer wrong or he wouldn't have done such an obvious ploy.

Well rehearsed viewing angles to hide the aspect ratio? Covering up the logos? Maybe they found out he's short sighted and doesn't wear his glasses in court.

Re:Good Times. (1)

rahvin112 (446269) | more than 2 years ago | (#37719186)

I agree with you but it's possible the lawyers in question don't even use the tablets or have even seen them outside the case.

Had I been the lawyer I would have answered the judge's silly question with an equally silly question. "Your Honor, you aren't asking me to use the Tablet from 10 feet away are you?". Either that or asked the judge to Identify an Omega watch versus a similar Casio from 10 feet.

Re:Good Times. (1)

UnknowingFool (672806) | more than 2 years ago | (#37719236)

Define "dramatically different". Here's what I deduced the specs of the screen are:

Apple iPad: 7.76 x 5.82
Samsung Galaxy Tab: 8.35 x 5.36

So at 10 feet away, are you going to be able to tell 0.5" in either axis? With a TV, the scale is larger so the difference is noticeable. Also part of the issue is that while the screen ratio might be different between the two, the overall size isn't that that much different:

Galaxy Tab 10.1V: 9.69 in x 6.71 in
Galaxy Tab 10.1: 10.11 in x 6.90 in
Apple iPad: 9.56 in x 7.47 in
Apple iPad 2: 9.50 in x 7.31 in

Re:Good Times. (3, Insightful)

obarel (670863) | more than 2 years ago | (#37719022)

Yes, but have Apple actually patented a shape? I don't understand this story.

"Your honour, an 'oblong' appears in Euclid's Elements, Book I, Definition 22:

Of quadrilateral figures, a square is that which is both equilateral and right-angled; an oblong that which is right-angled but not equilateral; a rhombus that which is equilateral but not right-angled; and a rhomboid that which has its opposite sides and angles equal to one another but is neither equilateral nor right-angled. And let quadrilaterals other than these be called trapezia.

(c) Copyright 300 BC, Euclid"

I can hold a book and an iPad and the judge wouldn't be able to tell the difference from a distance. So have Apple copied a book? (answer: yes. That's whole point of a tablet). What did the judge actually prove? That objects with similar functionality are likely to look similar?

If Apple can patent a shape then I'll have the "heart shape" please, and Valentine's day will make me a very rich person indeed.

Re:Good Times. (2)

Bucky24 (1943328) | more than 2 years ago | (#37719204)

If Apple can patent a shape then I'll have the "heart shape" please, and Valentine's day will make me a very rich person indeed.

I'm sure there's prior art for this. Then again I'm sure there's prior art for rectangular objects with rounded corners as well so you may very well be onto something here.

Slabs with LCDs on them similar! News at 11! (1)

Hazel Bergeron (2015538) | more than 2 years ago | (#37718772)

Also lots of phones look similar, lots of cars look similar, lots of TVs look similar, lots of computers look similar, lots of monitors look similar...

Who cares?

Re:Slabs with LCDs on them similar! News at 11! (1)

Pieroxy (222434) | more than 2 years ago | (#37719058)

Also lots of phones look similar, lots of cars look similar, lots of TVs look similar, lots of computers look similar, lots of monitors look similar...

Who cares?

AppleCare.

Re:Slabs with LCDs on them similar! News at 11! (1)

rhook (943951) | more than 2 years ago | (#37719250)

Shouldn't that be "AppleCares ®"?

the lawyer is blind (0)

Anonymous Coward | more than 2 years ago | (#37718776)

I would have thought the lack of aluminum and the aspect ratio difference and the silver Samsung stamped on it would be indicators.

the lawyer needs to put some damn glasses on or something.

thats like confusing a ford fiesta and a toyota prius because they are both rounded teardrop hybrid cars.

Re:the lawyer is blind (1)

h4rr4r (612664) | more than 2 years ago | (#37718928)

The fiesta is not a hybrid.

Re:the lawyer is blind (1)

BitZtream (692029) | more than 2 years ago | (#37719110)

Do you here that noise, thats the whooshing sound that just went past you're head.

Re:the lawyer is blind (1)

bhagwad (1426855) | more than 2 years ago | (#37718942)

As a person who doesn't care about cars, I have no clue what you're talking about. Now a car is about 20 times bigger than an iPad (perhaps more.) So can you tell the difference between your two cars at 10*20 = 200 feet?

Show them the WHOLE device not just the front (1, Redundant)

DeadCatX2 (950953) | more than 2 years ago | (#37718782)

I wonder if the results would have been any different had the Judge allowed the lawyers to see all 360 degrees of the device, and not just the front. Something tells me the SAMSUNG logo emblazoned on the device would assist in differentiating it from the iPad.

iPad 2 - http://3.bp.blogspot.com/_UTeQhQcvdNU/TPGrM-2_lVI/AAAAAAAAF20/U7xNqZ0as4s/s1600/things-about-apple-ipad-2.jpg [blogspot.com]

Galaxy Tab - http://4.bp.blogspot.com/_UTeQhQcvdNU/TProAcaIpnI/AAAAAAAAF5M/wtS26PrDbeU/s1600/Samsung-Galaxy-Tab-4.jpg [blogspot.com]

Can you tell the difference?

Re:Show them the WHOLE device not just the front (1)

Archangel Michael (180766) | more than 2 years ago | (#37718954)

Yes, the Apple device is a tad wider than the Tab. I mean, besides to logos, the form factors are roughly the same, as a volley ball is roughly the same as a soccer ball.

Re:Show them the WHOLE device not just the front (1)

nullchar (446050) | more than 2 years ago | (#37719002)

Or you could look at the bottom. Only the iPad has the single square button in the center; while the Tab has the 4 android soft buttons. Perhaps the soft buttons are not distinguishable at a far distance, but you could look for the iPad's button.

Re:Show them the WHOLE device not just the front (1)

CheerfulMacFanboy (1900788) | more than 2 years ago | (#37719192)

So you are telling us that the epitome of difference between the two is the Samsung logo? Are you one of the lawyers for Samsung by chance?

Re:Show them the WHOLE device not just the front (1)

Bucky24 (1943328) | more than 2 years ago | (#37719234)

Well the fact that there's a samsung logo on the FRONT of the device as well is a bit of a tipoff.

I personally think it's a wonderful advertisement for the Galaxy Tab that Apple is filing such a rediculous suit. It means that they feel that the iPad is threatened. If the Galaxy Tab was not a good tablet they wouldn't have anything to worry about and likely wouldn't have bothered filing suit. Of course I may be totally wrong and maybe Apple just wants to spend tons of money on a lawsuit.

Re:Show them the WHOLE device not just the front (1)

crazycheetah (1416001) | more than 2 years ago | (#37719278)

TFA shows a picture of the Galaxy Tab 10 being compared in court (and this is in fact the case). Your picture of the Galaxy Tab is of the original Galaxy Tab, which does not look the same as the newer Galaxy Tab. I would suggest finding a better picture for the galaxy tab for this argument.

Helps Samsung? (0)

Phred_Johnston (530218) | more than 2 years ago | (#37718786)

Actually, wouldn't this support Samsungs case? Both devices are apparently physically similar.

Re:Helps Samsung? (1)

UnknowingFool (672806) | more than 2 years ago | (#37719266)

Wasn't the whole point of Apple's case was that Samsung's device is too similar in appearance to the iPad and that consumers are likely to confuse the two? Now it would help Samsung's case if Apple's lawyers couldn't tell an iPad from a TouchPad from a Xoom from a HP Slate.

So? (1)

Hatta (162192) | more than 2 years ago | (#37718806)

I can't tell the difference between a Honda and a Toyota 9 times out of 10, and I drive a Honda. If my GF didn't have a sun roof, and there was no hood ornament, I'd have absolutely no way of distinguishing her silver Corolla from the neighbors silver Civic. What exactly is this supposed to prove?

Re:So? (3, Insightful)

frosty_tsm (933163) | more than 2 years ago | (#37718854)

I can't tell the difference between a Honda and a Toyota 9 times out of 10, and I drive a Honda. If my GF didn't have a sun roof, and there was no hood ornament, I'd have absolutely no way of distinguishing her silver Corolla from the neighbors silver Civic. What exactly is this supposed to prove?

That you need new glasses? :-)

Re:So? (2)

Hatta (162192) | more than 2 years ago | (#37719284)

Really? This car [wikimedia.org] and this car [trialx.com] don't look pretty much identical at first glance? Sure, there are couple things you can pick out when you look at them side by side, but you'd have to specifically memorize the distinguishing features in order to tell them apart. That's pretty much the case with the Apple and Samsung products too.

Re:So? (0)

Anonymous Coward | more than 2 years ago | (#37719018)

I own a Ford Fusion. Every once in awhile I'll spot a car that looks like mine and think, "Oh cool, another Fusion!" Then I take a second look at it turns out to be a Scion. I'm not sure what model it is, but it gets me every time.

Re:So? (1)

BitZtream (692029) | more than 2 years ago | (#37719126)

If my GF didn't have a sun roof,

Does that mean she never wears a bra?

IP Lawyers are fucking usless morans... (4, Insightful)

The Grim Reefer2 (1195989) | more than 2 years ago | (#37718810)

...That's the real story here.

Re:IP Lawyers are fucking usless morans... (0)

Anonymous Coward | more than 2 years ago | (#37718842)

Too right. I'll bet they can't even spell moron.

Re:IP Lawyers are fucking usless morans... (1, Offtopic)

dusanv (256645) | more than 2 years ago | (#37718902)

Memeslapped! (0)

Anonymous Coward | more than 2 years ago | (#37719072)

Oh, snap!

Re:IP Lawyers are fucking usless morans... (0)

Anonymous Coward | more than 2 years ago | (#37719226)

while others are merely vulgar incompetents who can't spell moron.
Neither is really true, is it?

Ten feet (0)

Lyrata (1900038) | more than 2 years ago | (#37718822)

Hey, is that a Dell PC you have there? Oh wait, that's an HP. My bad, I was 10 feet away.

Re:Ten feet (0)

Anonymous Coward | more than 2 years ago | (#37718908)

Try the same with a laptop, or a even a cigar, or ask women using cars. This is why we have trademarks, they get to slap their badge on something that basically has a uniform shape. As to the packaging, Apple conveniently ignore decades of prior art as does the moron "judge". The boxing system they use is identical to pre CD/DVD case games for PCs, Amigas and STs, going back to the 80s.

No one is going to buy a Samsung tablet by mistake, thinking they're getting an ipad. If they did, they'd be back to the store in minutes for a return. This is BS. Apple know it, and the legal people are laughing all the way to the bank.

Re:Ten feet (0)

Anonymous Coward | more than 2 years ago | (#37719044)

You joke, but I've seen Dells that were clearly designed, at first glance, to resemble ThinkPads...

So what? (0)

dusanv (256645) | more than 2 years ago | (#37718834)

I can't tell apart my toaster from my neighbour's at any distance. I don't think the fact that Samsung blatantly copied the look of the iPad package is illegal. It speaks of a total lack of imagination and flattery but is it really illegal? A look isn't patentable, AFAIK. The Galaxy doesn't say "iPad" and "Designed by Apple in California" on the back. That would be a trademark violation.

Maybe if we have a lawyer or two here, they can chime in on this?

Re:So what? (0)

Anonymous Coward | more than 2 years ago | (#37718886)

It's called a design patent. http://en.wikipedia.org/wiki/Design_patent [wikipedia.org]

Re:So what? (4, Insightful)

mosb1000 (710161) | more than 2 years ago | (#37719004)

Apple has patents covering their design. This is what the judge is saying. The Galaxy clearly violates Apple's patents, but Apple still needs to prove that their patents are valid (Samsung claimed several instances of prior art, Apple has to show that those cases would not violate their patent).

Re:So what? (2)

Citizen of Earth (569446) | more than 2 years ago | (#37719268)

The real here deal is that Apple's design patents are completely bogus.

Maybe the lawyer was over 24 years old. (3, Funny)

Medievalist (16032) | more than 2 years ago | (#37718848)

Myself, I can't tell the difference between an iPad and a windows 98 tablet computer at ten feet.

And at fifty feet, you could be holding an etch-a-sketch for all I know. I mean seriously, how much detail do you want me to discern from a nearly featureless slab of plastic?

Re:Maybe the lawyer was over 24 years old. (1)

Threni (635302) | more than 2 years ago | (#37719240)

He should have got them to go to a website containing Flash. That would have made the difference pretty obvious.

rectangles (5, Insightful)

rish87 (2460742) | more than 2 years ago | (#37718866)

This whole Apple V samsung debate really bothers me. Everyone here knows we need (proper) patent reform across the board. I hate trivial patents, patent trolling, and software patents....but there's just something about Apple being able to keep samsung from selling tablets because their tablet is, *gasp* a rectangular touch screen. Why aren't LCD monitor companies fighting each other in court? Many monitors look the same with trivial differences. All these tablets are are screens with a little computer on the back. I mean jesus christ, what a fucking waste of time and effort.

Idiot judge wants to be like the ones on TV (4, Informative)

artor3 (1344997) | more than 2 years ago | (#37718870)

As others have pointed out, that's a terrible test. I can't tell apart a pair of toasters or TVs or refrigerators unless the brand logo is visible. That doesn't mean they're all infringing, it just means that form follows function. But this judge wanted a bad ass moment like what you'd see on Law and Order.

Re:Idiot judge wants to be like the ones on TV (0)

Anonymous Coward | more than 2 years ago | (#37719318)

amazingly, you can see exactly what transpired from 1000 miles away and through a little tiny third-hand comment. I think you're selling yourself short!

World wisdom... (1)

lorinc (2470890) | more than 2 years ago | (#37718896)

is now higher. Or not.

And the patent covers what? (0)

El_Muerte_TDS (592157) | more than 2 years ago | (#37718904)

So, this is about the rounded rectangle that Apple patented?

The lawyer should have challenged Judge Lucy Koh to use either of the tables from a distance of 10ft.

Re:And the patent covers what? (1)

boristdog (133725) | more than 2 years ago | (#37718994)

And if Apple wins this, what happens when they next try to market something that has the same general shape and color of someone else product?

They set a precedent. Hope they can live with it.

Oh Right (1)

Haedrian (1676506) | more than 2 years ago | (#37718916)

Because we all know the usual using distance for using these things is 10 feet.

Anyone who is using the device, planning on buying the device, or even examining the device (it doesn't even need to be on) can tell the difference.

If there are people dumb enough to fork out a few hundred euros/dollars to buy an item without looking at the stats, an image, the box, the brand or the company is a giant idiot. Which is why when buying these sorts of things the standard protocol is to stand less than 10 feet away.

Dumb ass lawyers! (0)

Anonymous Coward | more than 2 years ago | (#37718940)

Of course a bunch of idiot lawyers couldn't tell the difference but ask any technologically inclined person to tell the difference and they would easily do so. The most apparent thing is the single button on the front of the ipad and the four obviously android related buttons on the front of the gallaxy tab. Granted you wouldn't be able to see the android buttons at a distance unless it was on but the indentation of the ipad button should be visible no matter what. Geeze what dumbasses!

 

To the geek, the world looks geek. (1)

westlake (615356) | more than 2 years ago | (#37719094)

Of course a bunch of idiot lawyers couldn't tell the difference but ask any technologically inclined person to tell the difference and they would easily do so.

The judge asks for a layman's opinion because the layman is the market.

This kind of demonstration is the bread and butter of trial work. You need be prepared for it because it is going to happen.

Re:To the geek, the world looks geek. (1)

h4rr4r (612664) | more than 2 years ago | (#37719210)

The layman is going to compare then at normal usage distances. Which is a lot closer to 3 feet than 10 feet. How long are your damn arms?

What are the similarities .... (1)

PPH (736903) | more than 2 years ago | (#37718962)

... claimed in the suit? Rectangular LCD touch screens? I think it goes a bit deeper than that. Its the internal h/w, but more than that, the application s/w and drivers that matter. Not something you could spot from 10 feet.

That said, too many companies are trying to copy the superficial look and feel of each other's hardware. Even though that has little to do with the underlying functionality, its asking to be sued.

Re:What are the similarities .... (1)

compro01 (777531) | more than 2 years ago | (#37719334)

Rectangular LCD touch screens? I think it goes a bit deeper than that.

Nope. Here's the specific patent [google.com] Apple has on an "ornamental design for an electronic device". The claim is on the drawings as shown. Nothing about internal hardware, software, drivers, or anything else except a flat rounded box with a screen on it that one may hold and use as shown in figure 9.

Zzz.. (0)

kanto (1851816) | more than 2 years ago | (#37718964)

There's a word for this article and it isn't news and I, as a nerd, am not interested. The article and ensuing samsung vs ipad back and forth is debate for hillbillies; we've even got the chap from Missouri [urbandictionary.com] who couldn't spell moron taking part.

WOW. PATENT ?!?! (0)

unity100 (970058) | more than 2 years ago | (#37718978)

so a rectangular rounded corner shiny case has become something PATENTable ? PATENT ?!?! REALLY ?!?!

That is surprising? (0)

Anonymous Coward | more than 2 years ago | (#37719006)

How can a reasonable person expect someone who has never used a tablet before to determine which tablet is which? From 10 feet (with my terrible eyes) I can most certainly tell an iPad/iPad2 apart from a Samsung Galaxy Tablet 10.1. But then again, I've used both of them and know what they look like.

next time.. (0)

Anonymous Coward | more than 2 years ago | (#37719016)

If you are going to copy someone's product, don't carbon copy every detail down to the accessories and even the box. Sheesh.

Re:next time.. (1)

Dunbal (464142) | more than 2 years ago | (#37719068)

I hope you can tell toilet paper rolls apart from 10 feet.

That's not the correct question to ask (1)

Shienarier (185368) | more than 2 years ago | (#37719026)

The question isn't which one is which. The question is, can you reliably tell them apart?
Can you always point to the bigger of the two? Good, you can tell them apart.
Which one is which brand is irrelevant, and I think less of the judge of not realizing this.

Turn Them Around (2)

Nom du Keyboard (633989) | more than 2 years ago | (#37719032)

I'm sure that they are easily distinguishable from the back.

Also, they are distinguishable where they are sold: Apple Store or !Apple Store.

And no doubt distinguishable by price.

But most of all, they are distinguishable by the operating system they run. You either want to be in the Apple ecosystem (aka Walled Garden) or you don't. And you should be able to buy the tablet of your preference based on this fact. This whole lawsuit is as anti-consumer as it gets because Samsung isn't producing iPads. While they may still be producing the CPU of the iPad, the Samsung product is not an iPad and can't replace an iPad because it doesn't run Apple iPad software. So Apple is trying to kill a product that doesn't directly compete with the iPad because if you want an iPad than no substitute will do.

And this could go on ! (1)

obarthelemy (160321) | more than 2 years ago | (#37719034)

then, the judge help up to 21" monitors, and asked the lawyers to identify them
and then, 2 washing machines
and then, 2 cars
and then, 2 keyboards
and then, 2 cameras
and then, 2 non-smart phones
and then....

Somewhere in the process, a point has been proven. Not the intended one, though ?

What the heck? (0)

Anonymous Coward | more than 2 years ago | (#37719088)

Apple spokeswoman Kristen Huguet said, "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad ... This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

Um Idea's cant be protected and How did apple gets its start again? xerox? what was the macs first parts made of?...atari? hmmm....

Who uses a tablet from 10 feet away? (1)

NotPeteMcCabe (833508) | more than 2 years ago | (#37719150)

Neither product is designed to be used from 10 feet away. The test should be how similar they appear at the actual distance they are used, i.e. arm's length.

Perfect response would be (0)

Anonymous Coward | more than 2 years ago | (#37719160)

for the lawyer to ask if the court would permit viewing the 2 devices from a distance in which a customer or shopper might view them.

If Samsung's lawyers were clearly too stupid request this, then they should be fired.

The only thing I learned from this (0)

Anonymous Coward | more than 2 years ago | (#37719202)

The only thing I came away with from this is that I better get a Samsung tablet (or anything remotely shaped like an ipad) before Apple forces them off the shelf in my country.

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