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Apple Loses German Court Bid To Ban Samsung Galaxy Tab 10.1N, Nexus Phone 193

Posted by samzenpus
from the and-the-hits-keep-coming dept.
chrb writes "Apple has failed to get a patent ban on Samsung's Galaxy Tab 10.1N and the Nexus phone in Germany. Presiding Judge Andreas Mueller stated, 'Samsung has shown that it is more likely than not that the patent will be revoked because of a technology that was already on the market before the intellectual property had been filed for protection.' The patent in question covered list scrolling and document translation, scaling, and rotation on a touch-screen display. This news follows the recent Appeals court ruling that upheld the original Galaxy Tab 10.1 ban."
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Apple Loses German Court Bid To Ban Samsung Galaxy Tab 10.1N, Nexus Phone

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  • Apple (Score:5, Insightful)

    by Anonymous Coward on Friday February 03, 2012 @06:43AM (#38913155)

    Apple patents technology that they didn't invent and tries to stop samsung nexus and fails

    • He will return one day! And when he does, you'll have to answer for this sin!!!

    • Re:Apple (Score:4, Insightful)

      by horza (87255) on Friday February 03, 2012 @12:41PM (#38916303) Homepage

      They got the court injunction to prevent Samsung sales in the crucial run up to Christmas. Mission accomplished. They don't care that it's now thrown out of court.

      Phillip.

  • by Anonymous Coward on Friday February 03, 2012 @06:47AM (#38913187)

    Motorola bans Apple from seling Ipads and Iphones and Germany :D

    Sorry, german only: http://www.heise.de/newsticker/meldung/Motorola-erwirkt-Vertriebsverbot-fuer-iPhones-und-iPad-1427712.html

    • by geogob (569250)

      This case is a farce. The claim is related to a patent on multiple pager (yes, those things that display a phone number) synchronization over wireless networks. Motorola claims that iCloud on cellphone network infringes this patent. It illustrates so well the fabulous world of patent infringement court cases.

      • Re: (Score:3, Insightful)

        by Xest (935314)

        Yes, it's almost as stupid as patenting a rectangle with rounded corners and getting something banned over it!

        • Re: (Score:2, Insightful)

          by Pieroxy (222434)

          Yes, it's almost as stupid as patenting a rectangle with rounded corners and getting something banned over it!

          So you didn't read Apple's patent claims, just what was said on Slashdot. Congratulations.

          • Re: (Score:3, Interesting)

            by Anonymous Coward

            Yes, it's almost as stupid as patenting a rectangle with rounded corners and getting something banned over it!

            So you didn't read Apple's patent claims, just what was said on Slashdot. Congratulations.

            With that in mind, what do you think of the case of the original iPhone looking very much like the LG Prada, which was clearly the first design taking phones in the "iPhone design direction"? LG wasn't so litigious as Apple, so it haven't been tried in courts around the world, but the "rip-off" is at least on similar level as Samsung and iPads. Should iPhone have been banned?

            • by Pieroxy (222434)

              If LG didn't file a lawsuit, it's because they had no case whatsoever. Had they foreseen a potential gain, you can be sure they would have sued Apple to get it.

              The main problem being that LG did not file patents around the design of their Prada, or to be more precise, no patents that any reasonable court would have found the iPhone infringed on.

              It's not a matter of whether or not the Galaxy S II is closer to the iPhone than the iPhone was to the Prada, it's a matter of a court finding the Galaxy S II infrin

      • by sosume (680416)

        It's a case of pot meets kettle.

  • Good to hear (Score:5, Insightful)

    by msobkow (48369) on Friday February 03, 2012 @06:48AM (#38913189) Homepage Journal

    It's good to hear the courts are not letting Apple leverage a patent that's expected to be invalidated in order to damage a competitor's business. Samsung did, after all, modify the "N" design to get around Apple's patents that applied to the 10.1, so they did their due diligence.

  • Any surprises here? (Score:5, Interesting)

    by goose-incarnated (1145029) <lelanthran.gmail@com> on Friday February 03, 2012 @06:50AM (#38913205) Homepage Journal
    Just like in the SCO vs World case, we all know what the eventual outcome will be - it will just take time, thats all, before Apples worthless patents to be deemed as such in all courts. Patenting Black-Rectangular-with-rounded-Corners-computing-Device was never going to turn out well.
    • by thegarbz (1787294) on Friday February 03, 2012 @07:11AM (#38913281)

      This isn't a "Black-Rectangular-with-rounded-Corners-computing-Device" patent suit it's a "Hey-look-touchscreens-can-also-do-this" patent suit.

    • by siddesu (698447) on Friday February 03, 2012 @07:24AM (#38913331)

      No surprise at all. But this is the goal of Apple in the first place. The smartphones and the tablets are like perishable goods -- the pace of new product development is fierce, so delaying a product by a few months has a huge impact on the bottom line. And that is what Apple is shooting for with patents that are at most borderline bogus.

      This and a ruthless, magical marketing gives them a not insignificant edge, the quality of their products notwithstanding.

  • by BlackCreek (1004083) on Friday February 03, 2012 @06:59AM (#38913235)

    As the owner of a Galaxy Nexus bought from Amazon.DE and as a person that makes a living writing software, I am delighted to hear that Apple (or any other company) will have to make their 'buck' by making awesome products, and will not be allowed to curb competition because some idiot allowed them to patent 'list scrolling', or "whatever-shit-we-did-before BUT NOW ON A TOUCH-SCREEN MOBILE PHONE".

    • by dave1791 (315728)

      There should be a moratorium on gesture patents. Right now, we're in a state where we can't say that any new developments would be non-obvious to an expert. You could make a list of a million gesture controls over a couple of beers.

      • You could make a list of a million gesture controls over a couple of beers.

        Then make such a list, post it to the Internet, and get it into Wayback. This is the start of defensive publication.

  • by phonewebcam (446772) on Friday February 03, 2012 @07:12AM (#38913283) Homepage

    Is that they get to see what's coming in their handsets a year from now by looking at the current top end Android models on sale. I hear NFC is undergoing the usual transformation from "iPhone users don't need that" to "our amazing innovation" in the next model, the same way multitasking, speech recognition, widgets and usable notifications did.

    • Re: (Score:3, Funny)

      by dave1791 (315728)

      Wait! iOS 5 has usable notifications? You could have fooled me!

  • Wow.. (Score:5, Interesting)

    by Adult film producer (866485) <van@i2pmail.org> on Friday February 03, 2012 @07:43AM (#38913407)
    Apple is now a Patent Troll... have they so given up on innovation that they can on live on shady backroom deals and the charity of a judge?
    • by Osgeld (1900440)

      now? lolz

      this is the company that was patenting pull down menus back in the 80's even though they stole it fro xerox

  • by PolygamousRanchKid (1290638) on Friday February 03, 2012 @08:32AM (#38913587)

    Technology Battles Today: Won in the Courts . . . not in the labs.

    The first step in creating a fantastic, new tech gadget . . . is making sure all the legal issues are worked out, even before you start developing and idea. If some court is going to block you down the road, there is no point in investing in a new project.

    Ladies and Gentlemen, lawyers are now the first troops at the front of technology development!

  • they're still dancing about trying to invalidate individual ones for things like obviousness and prior art instead of going to kill them all as they are merely mathematics and can all be reduced to mathematical expressions which aren't patentable...
  • I keep wondering what apple's drive is for stifling competition through use of litigation mired. Perhaps if they can control the mobile and tablet platforms there will be no way for any other entity to offer alternatives. Imagine the leverage you would have if you decide certain services *coughgooglecough* just don't quite work right on the platform you control. You can call the shots then.

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