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Originally Posted by kartu
Are you sure about that? Considering Samsung wasn't even there, where did Apple get the device to present it to judge, I wonder.
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Here's a link to a news story showing the court and the devices.
http://www.youtube.com/watch?v=ive7rC81mQU
Yeah, I'm not sure where they got a copy of the Tab. I was under the impression that they submitted it with their original request for an injunction. Also, Samsung was present at the adversarial hearing on Aug 25. (There was an ex parte hearing on Aug 9 where Samsung was not present and where the court granted a TRO (a type of preliminary injunction granted without the other party). Then there was an adversarial hearing on Aug 25 where Samsung did appear; the Sept. 9 decision is the result of the Aug 25 hearing.
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It's she (Johanna Brukner-Hoffman), not he.
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Right. My bad. :-)
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German IP laws are nearly identical to Dutch. And court in Netherlands dismissed "oh we've registered this design", "swipe to unlock" and other claims by Apple.
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I don't really know anything about Dutch IP laws.
And I don't mean to suggest that German court's ruling was the only possible way it could have come down in this issue. I *do* want to show what the basis for the decision was, and that this was a close case. And that the judge's decision is neither moronic nor based on corruption.
And it is of course also the case that federal judges in different jurisdictions in the US reach different conclusions in similar cases.
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And it was Apple's choice, where to sue, as far as I know.
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Yes - although I think they were under the impression that suing in Germany would cover the entire EU aside from the Netherlands.
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And note that this is still not a final decision. It's just Samsung tried to lift the sanctions, but Mrs Johanna Brukner-Hoffman refused to since "minimalistic design is not the only way to do it". Not sure what she means, maybe Samsung should have made metal bezel a bit more prominent, like Motorola?
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Right, it's still just a preliminary injunction. Although with the final hearing likely set for sometime in 2012 (and the Tab off the market in Germany until then, it is a pretty big blow.
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Ipad + Motorola Xoom + Samsung Galaxy Tab
PS
Oh, and check how starting screens on these tablet actually look. I'd dare to say motorola/samsung device have a very different look.
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I'm kind of undecided on how that cuts. On the one hand, yeah, the starting screens are different, which might mean something. On the other hand, "yeah, we copied Apple's starting screen, but not on *our* starting screen" isn't the most compelling argument, particularly if both screens are used to select the apps to run.