Linked by Thom Holwerda on Fri 14th Oct 2011 19:05 UTC
Legal Yes, I'm hearing you guys - time to tone down a bit on the patent news. Hence, a summary here of recent developments concerning the various legal cases between Samsung and Apple. Today in The Netherlands, the judge ruled [Dutch] that Samsung will not be able to block the iPhone/iPad from the Dutch market. In the meantime, the Australian courts upheld the preliminary injunction against the Galaxy Tab 10.1, while the American courts ruled that while the Tab indeed infringes upon Apple's design patents, Apple has not yet convinced the judge that that actually matters. Tying this all together with earlier rulings we already covered - it seems like judges across the world are really, really willy-nilly. Update: DailyTech has some detailed visual comparisons between Samsung's and Apple's devices, as well with the various design patents. Huh. You don't say.
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RE[3]: Feeling
by cyrilleberger on Sat 15th Oct 2011 11:49 UTC in reply to "RE[2]: Feeling"
cyrilleberger
Member since:
2006-02-01

Do you even realize what will happen if competition is eliminated?


Do you realize that judge don't make policies or write laws ? If the laws is on Apple side, the judges can't do anything else but give right to Apple. So yes, if Apple is winning trials after trials against Samsung, it is more likely that the law is on Apple side, no matter what are the consequences. And it is not being an Apple fan to say so.

Now, if you disagree with the law being on Apple side, you need to start lobbying your government to change the law.

Reply Parent Score: 1

RE[4]: Feeling
by Thom_Holwerda on Sat 15th Oct 2011 13:29 in reply to "RE[3]: Feeling"
Thom_Holwerda Member since:
2005-06-29

Well, in the end, as a Dutch guy, I only care about Dutch law. In The Netherlands, Apple has been pretty much torn to shreds in both Apple v. Samsung as well as Samsung v. Apple. I obviously studied the Dutch rulings, and both judges were incredibly fair, sane, and took the international situation into account. Both rulings were very well argued and articulate.

I'm happy with the Dutch ruling (the one about Samsung not being allowed to block iPads/iPhones) because the judge made a very strong case that Samsung's offer was way out of line and not particularly FRANd. I'm happy the judge pretty much told them they were a bunch of children and ordered them to go back to the negotiating table.

In both cases, consumers were not affected AT ALL. So, my hats off to the Dutch judges, who have the interest of the public in mind - and a big thumbs down to the Australian and German judges, who couldn't care less about the consumer.

Reply Parent Score: 3