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Handhelds Patents The Courts Apple

Apple Loses Bid To Exclude Evidence In Samsung Patent Trial 227

Posted by Soulskill
from the don't-cloud-this-issue-with-facts dept.
New submitter Shavano writes with news that Apple's attempt to block Samsung from introducing evidence of a tablet prototype developed in 1994 has been denied by U.S. District Judge Lucy Koh. Part of the reason Apple got a sales ban on Samsung's Galaxy Tab 10.1 earlier this year was that an Appeals Court said Apple's tablet design was significantly different from earlier designs. Now, Judge Koh has decided that the issue needs to be decided by a jury. "Samsung has argued the design was an obvious variation of tablets existing as early as 1994, including one made by Hewlett-Packard Co. The Korean company supported that argument at the trial with videotaped testimony by Roger Fidler, who heads the digital publishing program at the University of Missouri. Fidler said he started working on a tablet design in 1981. Apple sought to exclude the testimony based on the appeals court ruling. In a written declaration, Fidler said 'Apple personnel were exposed to my tablet ideas and prototypes' in the mid- 1990s when the company collaborated with Knight-Ridder Inc.’s information design laboratory in Colorado."
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Apple Loses Bid To Exclude Evidence In Samsung Patent Trial

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  • Can we just agree (Score:5, Insightful)

    by Dyinobal (1427207) on Saturday August 18, 2012 @11:22PM (#41042423)

    Can we just agree that neither company were all that original and that the progression to today's design was a natural and obvious path given the technology that became possible?

    Or are we going to start calling in the Science fiction writers next? Because what ever Samsung or Apple might of designed an SF writer likely wrote about it first.

    • Re:Can we just agree (Score:4, Interesting)

      by cpu6502 (1960974) on Saturday August 18, 2012 @11:57PM (#41042641)

      >>>Or are we going to start calling in the Science fiction writers next?

      We could just show a still image from TNG with Wesley holding his school PAD. Not only does it have a similar anme to iPad, but it's also rectangle with rounded corners : http://www.newfangled.com/stuff/contentmgr/files/2/516f36353ced7a44696bdaaffbc0f7f0/misc/star_trek_padd_3.jpg [newfangled.com]

      • >>>Or are we going to start calling in the Science fiction writers next?

        We could just show a still image from TNG with Wesley holding his school PAD. Not only does it have a similar anme to iPad, but it's also rectangle with rounded corners : http://www.newfangled.com/stuff/contentmgr/files/2/516f36353ced7a44696bdaaffbc0f7f0/misc/star_trek_padd_3.jpg [newfangled.com]

        Would you confuse Wesley's PAD with an iPad? Like, if they were sitting on two tables in a room, you wouldn't know which one is which and would have to do a detailed examination?

    • by houghi (78078)

      A black 1:4:9 black rectangle is not the same as a white one with rounded corners. Sorry.

      • by cheekyboy (598084)

        Color is irrelevant , you cant patent black or white.

        All corners are round, at the atom level.

        Besides walk into a tv retailer, 99% of tvs look identical, 100% black, 100% same shape.

        Just border sizes are diff.

    • by hairyfeet (841228)
      Hell why call the writers, ST:TNG was from 87-94 and the current tablets look a hell of a lot like the standard PADD minus the LCARS UI.
  • by Anonymous Coward on Saturday August 18, 2012 @11:36PM (#41042517)

    When a judge, who has shown their bias already, feels compelled to go against their own bias, then Samsung must have a pretty strong case.

  • by tpstigers (1075021) on Sunday August 19, 2012 @12:26AM (#41042771)
    Every time I read something new about this case Judge Koh is more pissed off. I think everybody's going to get spanked on this one.
  • by mark-t (151149) <[markt] [at] [lynx.bc.ca]> on Sunday August 19, 2012 @02:51AM (#41043419) Journal

    I read the article linked to in the summary, but did not notice any place where it mentioned the grounds that Apple attempted to use to get the evidence excluded.

    I mean, aren't you required to give a judge a reason to not admit potentially relevant evidence?

    And really, I'm compelled to wonder what possible reason they could have given that they seriously would think had even the slightest chance of flying...

    • Reminds me of that line from Liar Liar:

      Fletcher: Your honor, I object!
      Judge: Why?
      Fletcher: Because it's devastating to my case!
      Judge: Overruled.
      Fletcher: Good call!

    • I believe it's because Samsung didn't include the physical device in its list of evidence, only the video testimony of Fidler. Apple's argument is that it did not have access to the physical device and has had no time to prepare a rebuttal. Apple didn't bother disputing the Fidler evidence because it obviously didn't believe the video testimony to be particularly compelling, but now I suspect it wishes it had spent more time on this.
    • in some courtrooms this shit is actually allowed! Totally against the rules of evidence, mind you, but they tend to ignore the Law when it suits them - by they I mean lawyers, judges, clerks...

  • by Cochonou (576531) on Sunday August 19, 2012 @03:25AM (#41043533) Homepage
    Can we stop already with these Apple/Samsung trial stories ?

    It's not that I'm not interested in the subject: I believe its outcome will have profound implications on the smartphone/tablet landscape (hopefully for the best).
    However, I am totally uninterested in every trivial aspect and "twist" of the trial, especially when I'm sure that slashdot editors/firehose cherry pick these stories, and fail to give us the greater picture of the process. Can't we just wait for the court ruling, and have a GOOD summary of it, for once ?
    • You sir are an important point of this website:

      "it's new" implies "it's news"

      and the tag line DOES say "news for nerds...."
  • by XeroSine (1067136) on Sunday August 19, 2012 @03:39AM (#41043589) Homepage
    I REALLY hope samsung wins this one....I'd rather not have to carry an iphone...My Android device is a wonderful piece of work and no Macintosh product will EVER usurp it....because i can mod mine without breaking its warranty.
  • This whole trial is ridiculous. Apple should have never have got the design patent in the first place. It has no innovation at all if you think about it logically, and most designers aren't even that logical.

    Q. Hmm what screen shall we use?

    A Oh, the cheapest ones are 16:9, next probably 19:10 then there's the good old 4:3. Whatever we use is going to make a rectangle shape.

    Q OK, how do we make the device feel nice and be safe for children to use.

    A - ROUNDED CORNERS!

    What exactly are Samsung / other

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