back to article US court lifts ban on Samsung Galaxy Tab 10.1

Galaxy Tabs will go back on the shop shelves in America this week, as Samsung got one piece of good news from the patent court in California where its battle with Apple saw it handed a $1bn fine. Samsung's Galaxy tab was banned in June following a ruling that it infringed a key design patent - D’889. That ruling was overturned …


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  1. This post has been deleted by its author

  2. dssf

    Now, let this be a precursor to ending

    patent madness and abuse, and a unwinding of other, issued patents based on undisclosed awareness of prior art.

    1. jai

      Re: Now, let this be a precursor to ending

      Ending? You missed the part in the article where it said Samsung's case to ban the iPhone 5 will be in 2014?

      This isn't ending any time soon, the lawyers and courts are making far too much money. $2.6m held by the courts? How much interest do they make out of that while it sits in their bank account?

  3. Timmay

    "Samsung has gone on the offensive again today adding the iPhone 5 onto a list of Apple devices that it wants to see banned. Sammy argue that the new Jesus mobe infringes two standards patents and six features patents. That case is scheduled to be heard in 2014."

    Haha, that's another subtle way to help Apple out; delay any cases against it until the product in question is no longer relevant.

    1. Mark .

      Shouldn't the products be banned until the trial is held - I mean, isn't that what happened to Samsung's products here? Or is it one rule for them...

      Samsung can simply pay a few million to Apple if it turns out they lose the case.

    2. Shagbag

      I'd argue that the iPhone 5 is irrelevant today.

      While it's 'new' to the Apple faithful, technology-wise it's competing with last year's handsets. 'Incremental release' is the euphamism used by the media for 'lack-lustre'. This is the second such 'incremental release' for the iPhone (4 => 4GS then 4GS => 5) and I expect those who 'upgraded' to the 4GS will be asking why they want to spend £s on just another 'incremental release'.

      iOS6 may have some technical 'improvements' but these have been struggling to get any press having been overshadowed by Apple's absurd Maps App. What were they thinking? Someone just took a massive dump in the walled garden.

      1. sisk

        Re: Shagbag

        I agree with you. I looked over the feature list for the iPhone 5 and can't for the life of me figure out why even a hardcore Apple fanboi would bother lining up for the things. I mean other than the fact that hardcore fanbois line up for anything with an Apple logo. I didn't see anything it offers over the iPhone 4 (let alone the 4S) that would be worth the upgrade for me.

        Then again, I'm perfectly happy with my Galaxy S2, so maybe I just don't get it.

      2. Steve Evans

        Whilst I agree with your sentiment Shagbag, it would carry a little more weight it you actually got the model names correct. There was a 3GS, but no 4GS.

        I believe you intended to say:

        4 => 4S => 5.

        What you've got to remember is many of the Apple faithful are tied into 24 months paying for their shiny fruit themed toy. So those buying a 5 will currently have a 4. Those with a 3GS bought the 4S.

  4. David Knapman

    Who edited this?

    "following a ruling that it infringed a key design patent - D’889" - no, the ruling in June was that there was a strong *liklihood* that it would be found, by a Jury, to infringe that patent.

    It was the fact that a jury has now *not* found it to be so that leads to the ban being lifted.

    1. Shagbag

      Who edited this?

      A total and complete fuckwit.

  5. Julian 3

    Pocket Money

    $2.6 Million is pocket money to Apple. They wont care.

    1. MissingSecurity

      Re: Pocket Money

      Hardly...Just because they have been making record profits doesn't mean that this is compromise cash. Apples not throwing Samsung a bone.

      It may end up insignificant if Samsung ends up paying the full amount of the billion dollars, but I can't think of any company that wants to forgo capital now in hopes of revenue later to their competitor.

      I doubt in the end samsung will end up paying that full amount. Hell 2.6 million might have been what s suppose to be used for maps...

  6. Only me!

    Apple have already won

    By keeping the Galaxy Tab off out of the shops for months, Apple have done what they wanted. People will have already purchased their iPad and that will do most people for a couple of years after which many of the people with stick with what they know and buy Apple again. Plus of course they will be trapped in the walled garden and climbing over the wall could be painful and expensive!

    1. g e

      Re: Apple have already won


      Surely the reason people would buy a Galaxy or other droid tab is exactly because they DONT want apple - in my case I'd just buy nothing if what I wanted were unavailable. If you're OCD enough to have to buy something regardless of whether it's what you want or not then actually, apple is the perfect place for you to be.

      1. stu_ekins

        Re: Apple have already won

        > in my case I'd just buy nothing if what I wanted were unavailable

        Ah, excellent! Let me know next time something you want is unavailable, as I often have nothing for sale and am always open to reasonable offers!

      2. Mark .

        Re: Apple have already won

        Believe it or not, some people may want some kind of device - computer, tablet, phone, or whatever - and then choose from the available options.

        Consider, what phone do you have? Now, are you telling me that if that exact model of phone didn't exist, you wouldn't have any phone?

        1. Eddy Ito

          Re: Apple have already won

          "Believe it or not, some people may want some kind of device - computer, tablet, phone, or whatever - and then choose from the available options."

          Then they are certainly less particular about what they spend their money on than I am. So far none of the tablets has the basic features I want and while the Experia S from Sony comes close they miss by slapping on a dock connector instead of standard ports and I'd really prefer a slightly smaller unit closer to 7 inch.

    2. Mark .

      Re: Apple have already won

      Indeed, I was thinking, surely any damage estimates aren't just a matter of lost sales, but also the long term effect of having reduced share in a massively growing market?

      Typically sales don't just appear out of nowhere, they grow with time, and there is a cumulative effect (more sales means more people talking about it and telling other people, more people writing software, more media coverage, which means in turn more sales). Any lost sale isn't just a loss of that profit, but a potential reduction therefore in future sales.

    3. Anonymous Coward
      Anonymous Coward

      Re: Apple have already won

      Um.. no. Apple's plan was to keep Galaxy Tabs banned over the holidays. So a win for Samsung.

    4. John 104

      Re: Apple have already won

      or perhaps Apple haven't won and people went out and bought Nexus 7 or Fire HD tablets instead, hmmm?

      1. Chris 244
        Thumb Up

        Re: Apple have already won

        Staples had the Nexus7 on sale last w/e. I made the mistake of buying one.

        Should have bought two.

  7. Anonymous Coward
    Anonymous Coward

    People keep talking of 'walled gardens' - well I've been on both sides and the Apple side is an easy to use 'garden' but still free to import your own media - no DRM on music. It's (clearly) not for everyone but for most people it makes it very easy - iTunes, iPhone, iPad and Apple TV - pretty seamless compared to the competition.

    You wait until you have a family who want to use this still - when they are not techno-whizzes - your gran can use Apple products no problems.

    1. Anonymous Coward
      Anonymous Coward

      Agree. I'd rather live in a walled garden where it all works rather than a 'desert' of incompatible formats / technologies and often just as much DRM (if you stay legal).

      1. Anonymous Coward
        Anonymous Coward

        Incompatible technologies... like those thousands of dock enabled devices that need adapters for the new iPhone? Like all those apps designed for the one true perfect 4:3 aspect ratio... that isn't on the iPhone 5? Like that perfect 4:3 aspect ratio that leaves video playback on an iPad on par with TV's from 10 years ago?

        And as for "it just works"... just how many pro-Apple rants include examples of just how great Apple are at replacing faulty and broken kit? Strangely, so few of them include any complaints about why the hell £500 phones break down after 3 months, instead focusing on how wonderful Apple are in replacing them without question.

        You stick with your "it all just works together"... I'll stand outside the walls and have a choice of hundreds of phones, dozens of MP3 players, tablets galore and set top boxes from a whole host of manufacturers.

        1. Hans 1

          "[...] I'll stand outside the walls and have a choice of hundreds of phones, dozens of MP3 players, tablets galore and set top boxes from a whole host of manufacturers."

          Which don't play well together !

          There, done, sorry !

          1. Anonymous Coward
            Anonymous Coward

            Actually they play together just fine. They all support the same formats and standards.

            Is the new Apple sales pitch really that h.264 on my Sammy tab will cause a fire on my Asus Transformer or something?

          2. Mark .

            I drag and drop music to my Sansa player or music and videos to my Galaxy Nexus (and if I wanted to use software to manage it, I could use anything of my choice that supported the MTP standard). I play music or videos across the network to my LG TV from a variety of operating systems and devices using the open standard of DLNA.

            I was horrified to read through a Richer Sounds catalogue recently, to see how many of the audio products, despite not being Apple products, catered only to the minority Apple users. There were devices that you could connect an iphone to (now incompatible!) There were mentions of Apple-specific terms that I presume was some networking thingy that gave me no idea as to how it would worth with anything else.

            Even if I did have some Apple products, it's still ridiculous to require *all* the devices that I might want to play from to be Apple. And even if I did, it seemed nonsensical - if I have a portable mp3 player, I'd rather let that sit in my coat pocket, not have to dig it out to play music from home, plus from at home, and I'd rather use a full size UI on computer. Nor would I want to take a tablet or phone and physically connect it to the speakers - what if I wanted to use it? Haven't they heard of wireless?

            So I thought it interesting that, due to the audio industry's obsession with Apple, I actually got far better and far more open support for playing audio, through my smart LG *TV*!

    2. Mark .

      Walled garden isn't always about DRM. It simply means being locked in, e.g., you've already invested time learning how to use it, or downloading or buying software which now won't work on anything else. (The OP didn't even say that Apple had more of a walled garden, just that it's an effect that would harm Samsung when their products were banned.)

      "but still free to import your own media"

      You do realise that with "walled gardens", the issue is getting your media etc out, onto another platform? Indeed, typically walled gardens do make it easy to _import_. The fact that you have to use their special itunes software, encouraging people to have all their media managed by Apple's software, which then makes it harder for people to transition elsewhere, is a perfect example of that.

      Not sure why a grandmother is taking as typical of a computer ignorant person, if that's what you mean - seems sexist at the least. But older people can and do just as well use other makes of products, and in fact, of all the people I see flashing Apple logos around, it's never grandparents. The "your grandmother can use an ipad, unlike other products" is just a myth.

      1. Colin Millar


        Either of my grannies would have taken one look at the price tags of iAms (isn't that also dog food) and known exactly what the deal was.

        Pickpocket icon - cos that's what the lot of em are.

    3. Shagbag

      Walled Garden

      I'd be out of a job if everyone lived in Apple's walled garden.

      Besides, with iMaps, someone just took a huge shit in that garden.

    4. Charlie Clark Silver badge

      Good for you and yours if you've got the cash and the inclination to spend it on Apple's admittedly wonderful kit. but what's all this "free to import your own" bollocks.?Please tell me how I can do this on an I-Phone via Bluetooth or WiFi? Or how about opening a file with a different program? Or do you mean the "free to lug your computer around with you just to copy something from a completely different device to your phone".

      As for the technically challenged: my mum manages her several DVRs with not inconsiderable skill and they work fine with a telly from a completely different manufacturer. But otherwise she can't even operate the microwave.

    5. John 104


      Too funny. I have a client who is a millionair. He is a very smart person who has done very well for himself over his career. He is technically incompetent, ie. gran. Outside of simple browsing and basic apps, I have to do any number of "complicated' things like setting up wireless or email, etc on his Apple products. Is it easy? Not really when compared to other systems. Installing a printer? Much easier on a PC or vanilla Linux. Setting up email on a phone or tablet? Easier on Android. Could he do these on his own like gran? Obviously not...

      Mine's the one with the extra check in the pocket...

  8. cs94njw


  9. damien c

    Ban The Iphone 5!!!

    So hopefully Apple will have the Iphone 5 banned from sale until the patent claim by Samsung is resolved, because let's be fair if Apple can have the Galaxy Tab banned for how ever long, why shouldn't Samsung be able to have the same thing happen.

    I still think Samsung should just refuse to allow Apple to use the CPU in the Iphone considering it's Samsung who makes it, and demand all offending products be removed from sale and watch Apple squirm to try and find something to replace, it with as they don't make there own chips and instead just rebrand the Samsung chips.

    1. stephajn

      Re: Ban The Iphone 5!!!

      Hate to tell you this...but iPhone 5 is no longer using Samsung CPUs anymore. I suppose if what you said happened then any 4S devices still left in the channel would be pulled. But every Apple customer I know is always chomping at the bit for the newest device anyways.

      1. sabba
        Thumb Down

        Re: Ban The Iphone 5!!!

        Erm, I beg to differ. I am an Apple customer and I have a number of their devices but I'd never rush to be an early adopter and, whilst I have Apple laptops, iMacs, iPads and iPods I have never had an iPhone and I won't be rushing to buy one either.

    2. Anonymous Coward
      Anonymous Coward

      Re: Ban The Iphone 5!!!

      sammy are just a foundry not a designer for the cpu

      1. Anonymous Coward
        Anonymous Coward

        Re: Ban The Iphone 5!!!

        >sammy are just a foundry not a designer for the cpu

        Even if you accept Apple are the 'designer' - which is not strictly the case, since it's just yet-another implementation of a third-party architecture - the 'just' doesn't really make sense in that sentence. A dozen guys prepared to mortgage their houses couldn't build a 'foundry', but would have the capital to match Apple's input into the A6.

    3. Anonymous Coward
      Anonymous Coward

      Re: Ban The Iphone 5!!!

      Erm, the CPU in the Iphone isnt designed by Samsung, its just manafactured by them.

      The core CPU design is owned by ARM, and the modifications are owned by Apple. According to some of the technical reviews i've seen of the silicon, they have done a damn good job of the design as well.

  10. Miek

    "Samsung has gone on the offensive again today adding the iPhone 5 onto a list of Apple devices that it wants to see banned. Sammy argue that the new Jesus mobe infringes two standards patents and six features patents. That case is scheduled to be heard in 2014. " -- 2014, wow, those patent courts are a bit busy at the moment.

    1. Arthur 1

      I wonder if...

      Samsung will be able to get the iPhone 5 banned in the meantime. High probability that it will be found to violate those patents and all...

  11. Dazed and Confused

    walled garden

    Its a walled garden in that if you want to run an app that Apple didn't want you to run, then you can't unless you want to jail break your device.

    So if tomorrow Google decided to easy your pain by writing a new Google Maps app for your iThing and Apple decided it wasn't in their interests for you to be allowed that choice (like they won't allow you to run an alternative to Safari) then you'd be stuck.

    This is what people refer to when they state that iThings are in a walled garden.

    Basically your choice is proscribed for you by Apple.

    If you are happy to only do things that Apple approve of, then that's OK.

    If you don't like the idea that any company has the right to tell you what you can do with the product you feel you bought and therefore should own. You either need to jail break it, or buy a product from someone else.

    Its about who's in control.

    1. Vic

      Re: walled garden

      > Basically your choice is pr_o_scribed for you by Apple

      I thought that was a typo at first - then realised it might be exactly what you meant :-)


  12. Anonymous Coward
    Anonymous Coward

    Who buys galaxy tabs anyway?

    meh shamsung probably made more from this bond than actual sales!

    1. Anonymous Coward
      Anonymous Coward

      Re: Who buys galaxy tabs anyway?

      According to the figures that came out in court, 1.6 million people so far. Although not even close to the 34 million that apple shifted. Of course, thats only in the US. I can see them shifting a greater proportion in the far east.

      Still, its not in inconsiderable chunk of change.

    2. Anonymous Coward
      Anonymous Coward

      Re: Who buys galaxy tabs anyway?

      Unfortunately for you, Apple thought the situation is worrying enough to justify spending money on all these stupid lawsuits aimed at stopping Samsung. Why would Apple risk and spend so much if there is no consumer interest in buying Samsung products ?

  13. Jdoe1

    So what

    The Galaxy Tab 2 10.1 has been selling In the USA in place of Galaxy Tab 10.1. It has the latest Android version and has an micro sd memory slot.

    1. Jordan Davenport

      Re: So what

      And because of the injunction, Samsung had stock they couldn't sell. Now they'll at least be able to sell off remaining stock of the older model at reduced prices to recover from some of their loss.

  14. Eguro


    I doubt that the Iphone 5 will be banned, so what happens in 20XX when the court decision comes in that the Iphone 5 did infringe on Samsung patents?

    Will Apple have to pay whatever profit they made from the Iphone 5 to Samsung, or what?

  15. Stratman

    The Grand Old Duke of York would be proud.

  16. JOKM


    Bored of these large multinationals tearing the patent system apart.

    Bored of them wasting tax payers money on taking disputes to the court.

    Bored of them telling consumers what they can and cannot buy.

    Bored of them acting like spoilt children.

    Anyone else thinking of just not buying any of their goods until they learn to get along.

  17. Alan Brown Silver badge

    I picked up a iphone5 last night

    And it had to be pointed out to me that it wasn't an iphone 4.

    "Oh yeah, it is slightly larger"

    I still prefer my sammy Galaxy2

  18. cortland

    Got my Samsung flip-phone and

    Can't see any of those that are what *I* need.

    Oh give me a 'phone

    That will leave me alone,

    For tunes used CD songs will do.

    No RIAA in my life,

    And a year without strife;

    So my part in that market


    This drivers texts in Morse Code. See ya on 40.

  19. Michael Wojcik Silver badge

    The real story...

    And it looks like Apple may lose $2.6m as a result. Koh has demanded that the £2.6m bond Apple put down

    ... is the sudden parity between the US dollar and the UK pound.

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