Posted on 08/14/2012 6:00:08 PM PDT by SmokingJoe
Samsung today brought out early technology relics in hopes of busting Apple's design patents for the iPhone and iPad — the very ones Apple has pointed at it like howitzers.
The South Korean technology giant called upon a pair of experts — one in person, another by video deposition — to make the case that others had beaten Apple to the punch, effectively rendering those patents useless.
Samsung’s argument relied mainly on foreign patent designs and an early prototype for a tablet that never made it into commercial production. However, Samsung also brought out a real product, Hewlett-Packard’s TC1000 tablet, which the company argued made Apple's tablet design patent obvious.
Making that case for Samsung was Itay Sherman, chief executive of the multi-touch company DoubleTouch and an inventor with 20 patents to his name. Sherman brought out the same trio of smartphone design patents Samsung used earlier in the case, two of which are Japanese and another that's Korean. In short, Sherman said that features like big screens, rounded corners, and “lozenge” speaker holes in these designs predated what Apple brought out with the iPhone.
When it came to tablets, Sherman suggested that HP’s tablet had many of the same features named in Apple's design patent though it was released as a commercial product in 2002, two years before Apple would apply for its tablet design patent, and nearly eight years before the first-generation iPad went public.
Sherman paired that example with the Fidler, .......early 1990s tablet prototype designed by Roger Fidler ......
Fidler had appeared just before Sherman in a brief video testimony explaining that he had actually shown the device to Apple in 1994, the same year the company would apply for the ‘889 patent, which covers the look of the iPad.
(Excerpt) Read more at news.cnet.com ...
Every Apple thread you’re making up untrue allegations against Apple that have no relation to the facts at hand. Read the case, and discover that they’re not even accusing Apple of copying anything - and Apple didn’t. Samsung is trying to get out of being caught copying numerous design elements that Apple has the patents on.
You hate Apple so much that no one believes what you say.
The more I read these anti-Apple threads, the more I support the company.
If it isn’t the liberals lying and fabricating stories about Apple simply because they hate all things non-union, it’s the (or what appears to be) envious/jealous anti-Mac types who will post non-sense.
Incidentally, we own a Mac as well as another brand PC.
Only Linux is acceptable for FR.
Gates and Ballmer gave big bucks to the Wash St. gay marriage initiative, and Apple is run by a gay guy.
Well, present the facts if that’s the case. I’m fairly familiar with patent requirements and the process, and everything I’ve seen Apple claim, at least what is reported in the news, are design and function claims which are either demolished by prior art or as this article states “obvious” which is enough to take away patent protection (which frankly should not be granted in the first place).
It is true Apple was the innovator in this category from a market perspective (i.e. they created the smartphone market), and there are a lot of companies riding their coat tails, but that is not the same as violating intellectual property rights. Protection requires either valid patent claims, trade secret status, or contractual obligations to prevent potential competition. Otherwise there is no point of intellectual property laws. They exist to promote innovation. Apple and many other large corporations are using ip to stifle innovation. They used their first-to-market advantage and then squandered it by sticking to a closed system with profit margins that left too much room for competition (aka Google) to come in and swoop up market share.
Copying is the greatest form of flattery. There is no reason Apple or any other company should be able to prevent someone from copying them except where they have a specific, legitimate claim to innovation. Rounded corners does not fit the bill. Sorry.
Our patent system already gives far too much advantage to big corporations that gobble up patents and use their vast capital as a war chest to maintain illegal and unethical monopolies. If you want a monopoly, do it right by true innovation that is original and un-obvious or by contract or by trade secret or by simply doing such an incredible job that no one can compete.
This is the last year for little guys to file provisional patent applications, then we go to the way the rest of the world does it - first to file.
Thanks for another Obama innovation. /s
You wouldn't know the facts in the case or the truth if they hit you on the face. As far as Applebot crazies like you are concerned, Apple invented everything, and everyone else copied from Apple. Unfortunately for you, the reality is quite different.
“Read the case, and discover that they’re not even accusing Apple of copying anything “
You obviously haven't been following the case or even brothered to read the link in this article. No surprise there. Samsung’s case is that there was “prior art” in the case of both the iPhone and the iPad in that others had made similar products that Apple's engineers looked at (Samsung has brought witnesses who actually SHOWED their similar poducts to Apple BEFORE the iPad patent applications were filed by Apple), before they designed their own products.
” Samsung is trying to get out of being caught copying numerous design elements that Apple has the patents on.”
# 1. Samsung(which is busy clobbering Apple in the smartphone market, currently selling TWICE as many smartphones as Apple), is trying to prove that Apple copied from others before thy designed the iPhone and iPad, and that some of the patents granted Apple for the iPhone and iPad, shouldn't in fact hav been granted at all .
# 2. The other part of the case is that Samsung is in turn accusing Apple of violating several Samsung cell phone patents, and is seeking damages for those.
“You hate Apple so much that no one believes what you say”
Chortle!
You wanna bet?
Read the comments in this thread, matey boy.
http://www.freerepublic.com/focus/f-news/2916010/posts
I wouldn't support Apple if I had a gun pointed at my head, given how virulently vicious, nasty and anti-Microsoft the Applebot crazies have been on this site, and on and any other internet technology site one cares to look at, for decades.
“If it isn’t the liberals lying and fabricating stories about Apple simply because they hate all things non-union, it’s the (or what appears to be) envious/jealous anti-Mac types who will post non-sense.”
You mean kinda like how Applebots have been posting anti-Microsoft threads and posts on any internet site you care to look at for decades?
“Incidentally, we own a Mac as well as another brand PC”
So what?
Even Applebots sometimes have to use Windows PC’s at work because Microsoft owns the corporate enterprise, servers and desktops.
As you can see, I’ve been lurking, and a member, of FR for quite a few years now. From what I’ve read here, there are for more caustic and fanatical anti-Apple Freepers than there are anti-Microsoft posters. A perfect example are our posts on this thread. All one has to do is read and compare our posts. Freepers will notice a striking difference between your comments and mine.
The quote is a stretch and lacking in trying to prove your point. I can easily sight quotes from anti-Apple, or as you like to label them, “Applebot crazies”, to illustrate how fanatical anti-Apple folks are.
FYI, we’ve owned our Mac for about a year now. In other words, my comments here are not motivated by years of experience as a Mac user.
Correction:
We’ve owned our Mac less than a year.
Care to supply any figures to back up your claims?
It's not my fault if you are blind and biased as well as lazy and simply can't be bothered to research the very long list of nasty, caustic anti-Microsoft posts from Applebots on practically every single Microsoft thread going back decades on here and on practically every tech site is it?
“A perfect example are our posts on this thread. “
So far, you haven't posted anything worthwhile, apart from insisting that people are “lying and fabricating stories about Apple”, when in fact, Samsung has shown clear evidence showing prior art (in court no less) to back up their claims. Far from bringing up any evidence to counter the facts as stated in the article, you came up with the standard Applebot people are “lying and fabricating stories about Apple” whine.
“All one has to do is read and compare our posts. Freepers will notice a striking difference between your comments and mine”
Yup.
My posts was backed by a link to concrete evidence presented in court, yours consisted of calling any statements that counter Apple as “lying and fabricating stories about Apple”.
Guess who is blindly backing a company and trashing any detractors as “lying and fabricating stories” without siting any facts to back it up.
“FYI, we’ve owned our Mac for about a year now. In other words, my comments here are not motivated by years of experience as a Mac user”
LOL! First of all, even if that were true, that proves nothing. It's a strawman to say, “Hey, I use Windows PC’s so therefore you can't challenge me when I trash Apple's detractors and call them liars”(like you just did.)
And second of all, how do I or anyone even know know whether you have been using Macs for 10 year or one year? Anyone can say anything on an internet board to back up their position on an issue. That doesn't necessarily make it true does it?
Having to figure out ways to use popular programs like Flash on their equipment is tedious and unproductive.
However!
I would prefer to use their products any day over Samsuck!
35 U.S.C. 171 Patents for designs.From MPEP 1501 - Statutes and Rules Applicable to Design PatentsWhoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.
SmokingJoe said:
“...on practically every single Microsoft thread going back decades on here and on practically every tech site is it?”
Public Service Announcement: I had referred to Free Republic.
SmokingJoe stated:
“Samsung has shown clear evidence showing prior art (in court no less) to back up their claims.”
If you’ll be so kind as to note that I was rather specific in addressing the anti-Apple, or as you like to label them, “Applebots crazies”, comments, not the validity of Samsungs accusations. Frankly, if Samsungs claims are true, I hope the the courts deliver a just verdict in their favor.
SmokingJoe said:
“lying and fabricating stories about Apple” whine.”
Do you always sound like a raving lunatic, or does this penchant for using hyperbole and flailing of the hands only surfaces when the topic of “Applebot crazies” comes up? Please note that I was specific when pointing out that; “(or what appears to be)”, and, “envious/jealous anti-Mac types” focuses on just these individuals, rather than sweeping generalizations which you’re accustom to using.
My comment about owning a Mac is true.
SmokingJoe stated:
“Anyone can say anything on an internet board to back up their position on an issue. That doesn’t necessarily make it true does it?”
This is true, which leads me to wonder whether or not you’re a flaming lib. After all, you rant, take comments our of context, and freely label people just as liberals do simply because they disagree with you.
Be sure to reread your irrational, uncontrollable responses to my posts. If you fail to recognize your tirade you may wish to see a counselor. You may very well be a blind liberal, SmokingJoe.
Can you read and understand English?
This is the full quote from my post:
“on practically every single Microsoft thread going back decades on here and on practically every tech site is it?”
Emphasis being on “on here”. That's Freerepublic for you mate. Get it, Mr Dummy?
“If you’ll be so kind as to note that I was rather specific in addressing the anti-Apple, or as you like to label them, “Applebots crazies”, comments, not the validity of Samsungs accusations.”
In a thread which is about Samsung stating in court that Apple's petents on the iPad should not have been granted due to prior art by other companies(which evidence Samsung produced in court), you came over and launch blanket attack with your “lying and fabricating stories about Apple” whine, without producing an iota of evidence to back it up. There was nothing “specific” about your post.
“Do you always sound like a raving lunatic”
You want lunatics, look at the Applebot posts on this site, including yours.
“This is true, which leads me to wonder whether or not you’re a flaming lib. After all, you rant, take comments our of context, and freely label people just as liberals do simply because they disagree with you.”
Nice attempt at bait and switch. Won't work though. This is about the veracity of your “I have only been using Macs for a year” claim(or was it less than a year?. You can't even seem to be able to make up your mind on that one can you?). Like I said, nothing proves that is the case. Applebots regularly say that on internet boards, in the false hope that merely saying that they use Windows, will somehow protect them from being challenged when they make blanket anti-Microsoft or pro-Apple statements. It just doesn't work that way.
As for me being a secret liberal (Chortle!)....I will match my posting record on here against yours any day on any topic.
“Be sure to reread your irrational, uncontrollable responses to my posts”
This is what an irrational, stupid, idiotic, Applebot posts looks like” Those posting against Apple on the Samsung case are “lying and fabricating stories about Apple”. And that post came from no one but you.
You may need to go get treatment for your anger management issues mate.
” You may very well be a blind liberal, SmokingJoe.”
That does it. Like a lot of Applebot fanatics, you ARE at heart, a left wing fanatic. Your tactics of bait and switch in an attempt to change the topic, and attempting to smear others without a scantila of evidence to back it up, together with your trying to project what you are onto others would make any DU and Daily Kos member proud. If it walks like a duck...
The “prior art” claim, though, is pretty ludicrous. The heirs to the creator of Dick Tracy may as well try to claim “prior art” against all self-contained, hand-held portable communication devices.
Naaaah. The US patent system is broken, and needs fixing.
The patent office granting them iPad patents to Apple, despite the Fiddler and the HP TC1000 and plenty of others having been there and done all that long before the iPsd, is what is ridiculous. Read this and look at the images.:
Apple's iPad Design Patent: Been There, Done That (Images)
http://www.zdnet.com/apples-ipad-design-patent-been-there-done-that-images-7000000404/
Apple is basically coping from others, then filing for a patent, then using those patents to sue the crap out of competitors or to try and stop them from even selling their products altogether or even compete with Apple. That hasn't stopped Samsung from clobbering Apple in the smartphone market share though. It's only a matter of time before Samsung(the P10), Google(Nexus 7), Microsoft(Surface tablets) grab the market share ledearship in tablets as well. No court is going to stop that.
Samsung Retina-like 11.8-inch tablet in the works according to court docs
Naaaah. The US patent system is broken, and needs fixing.
The patent office granting them iPad patents to Apple, despite the Fiddler and the HP TC1000 and plenty of others having been there and done all that long before the iPsd, is what is ridiculous. Read this and look at the images.:
Apple's iPad Design Patent: Been There, Done That (Images)
http://www.zdnet.com/apples-ipad-design-patent-been-there-done-that-images-7000000404/
Apple is basically coping from others, then filing for a patent, then using those patents to sue the crap out of competitors or to try and stop them from even selling their products altogether or even compete with Apple. That hasn't stopped Samsung from clobbering Apple in the smartphone market share though. It's only a matter of time before Samsung(the P10), Google(Nexus 7), Microsoft(Surface tablets) grab the market share ledearship in tablets as well. No court is going to stop that.
Samsung Retina-like 11.8-inch tablet in the works according to court docs
I won’t comment on a majority of your comments because there’s no need to respond to a list of ad hominen attacks.
Although, I will suggest that you reread my post concerning one of the false accusations you’ve directed concerning ‘’lies”. As anyone can plainly see, I was referring to liberals (surely you are aware of the story involving Mike Daisey).
When my family and I were shopping for a Mac, I posted a couple of threads on FR requesting recommendations and feedback. You’re welcome to scan my history in order to see that we haven’t owned our Mac for very long in reference to your post.
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