Apple Wins Appeal, Going For Preliminary Injunction In The US Against Samsung

In February, Apple tried to obtain a preliminary injunction against Samsung, which would effectively take the Galaxy Tab 10.1 and a few other devices off the US shelves. Luckily Samsung won that round. The court couldn’t see how Apple would be irreparably harmed if Samsung products remained on the shelves.

Not ones to take a loss and live with it, Apple filed for an appeal. However this time, the Court of Appeals for the Federal Circuit (CAFC) disagreed with the district court and granted Apple another chance to get an injunction. Though they agreed that three of the four patents were of questionable validity, they apparently thought Apple’s design patent was valid enough to grant them a chance to get an injunction. The lower courts felt that Apple’s design patent was invalid because it was created after both tablets were created, but the CAFC still believes that the Galaxy Tab 10.1 is similar enough to the iPad to make the patent non-obvious.

Since all tablets basically look the same from the front (unless they’re the XYBOARD), I don’t see why Apple picks on Samsung constantly. The back of the Tab 10.1 is very different from the iPad’s, while you could say the back of a Transformer Prime is a lot closer to that of an iPad. But no, it’s always Samsung. Some lawsuits were more fair than others, but going after the Galaxy Tab has always been unfair in my eyes. What do you think? Does the Tab 10.1 look too much like an iPad? Should Apple’s extremely generic design patents be upheld? Let us know what you think down below in the comments.

Source: Engadget

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GaryDownes 6 pts

I guess Samsung will be able to sue Apple if they release a TV that's rectangle right?? I can't stand Apple anyways and 100% advise people NEVER to buy their overpriced, basic pieces of crap. Any person who is slightly tech savvy will always choose Android over iOS because none of us like "parental controls" over the devices we buy! Stupid people buy Apple, just look up "herd mentality" and "social proofing" to discover why so many I sheep buy whatever dribble Apple are willing to feed their fan base lol

nick0296 7 pts

 GaryDownes i love it! it describes apple exactly, and ough i like their stuff, not a iSheep or part of that heard, i can get rid of my iPhone fine and my Mac too

tjblume1997 7 pts

What do they want other tablet making companies to do??? Start making there tablets circular?!?

 tjblume1997 I actually had an idea to design and patent that, offer it for free to all but apple, wait for apple to copy it then sue the pants off them.

drewsifer 6 pts

"BREAKING NEWS: Apple Computer, Inc. has filed a copyright infingement suit against God for creating a fruit based off their logo" -@jpobts http://twitter.com/jpobst/status/169238391882391552

Talk about "corporate greed." How come no one is setting up a protest camp outside Apple's headquarters?

Haloruler64 82 pts

I don't know. Ever think of people who are so for "just causes" yet use Apple products like they are the most innocent startup ever, not one of the greediest corporations owning more money than the government of the US? Hipsters and such? It's strange how immune to stuff like that Apple is

nick0296 7 pts

 Haloruler64 All I know is my next laptop looks to be more and more of a ThinkPad W520 every time they sue and moan

And a R400 for my other ThinkPad

nick0296 7 pts

they have too many people iSheep, so they will use them aginst us in defending these bogus lawsuits and the protest

 

iSheep, back off! this is our moment!

Makes sense to me...There are lots of ways to design a rectangle...Samsung could have done a lot of things differently, but sticking with the black and white and using the same bezel? I mean...Come on...It basically looks like Samsung was HOPING that people who weren't as tech savvy, accidentally picked this up thinking it was a cheaper variant of the iPad...

You have got to be kidding.... It doesn't look like the damn iPad!!! And I'm quite sure even the non tech savvy people can READ the big SAMSUNG printed on the front.... There's no dedicated button... and yes its a rectangle with a curved corner so are plenty of other tablets.... and what the hell they cant use whatever colors they want? Does Apple own colors too? Not to mention the backs are completely different as well.... Unless the person is blind they would notice the lack of a huge APPLE on the thing.... As far as there being plenty of ways to make a rectangle....? I'm sure they don't want pointy edges to stab their customers and whats left besides curved edges other than a flat angle at each edge which just doesn't look appealing.... I mean seriously Apples design is pretty bare minimum when it comes to design... its generic..... therefore insane to think most companies wont go this route.... They just want their competition to be gone and to be honest if their product was that superior then they wouldn't have to worry about suing anyone because it would speak for itself....

nick0296 7 pts

THANK YOU! this is NOT a copy as apple claims!

Haloruler64 82 pts

Protip: There were tablets with a clean glass front before the iPad. Bill Gates was touting tablets a decade ago, and they didn't look too different from the iPad from the front.

nick0296 7 pts

when will this madness end? this is so dumb!