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  1.    #1  
    I cant help but think if Apple went after Samsung for similarities of their iPhone and tablet, they would go after HP?

    Similar size, colors, design, etc.

    To an average person I am sure at first glance they would think the Touchpad is an iPad.
  2. Ulairi's Avatar
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    #2  
    No. Because they don't want HP/PALM to go after Apple for the patent silo that they are sitting on. There are so many ways to build a tablet and webOS doesn't offer the same GUI that iOS does and Steve Jobs is already on the record of praising Palm for doing something new and different in the space.
  3. #3  
    Actually these large corporates do it all the time - they employ full time Patent lawyer/attorneys -its viewed as protecting intellectual property. Just most of the time we don't get to hear about it.
  4. ijip's Avatar
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    #4  
    if they do, Hp can probably get a court injunction on iphone sales. palm had many of the original pda patents that can certainly cause a big headache for apple if they choose to go down that road.
    Want to help design and write an app?
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  5. #5  
    Would we really want to see how this ends?

    Just look at what happened to Apple when they tried to bully Nokia.

    Apple's had enough chances to put down Palm since that iTunes synching debacle, but did that bear any fruit?

  6. #6  
    webOS isn't a big enough player in the market where Apple could sue for enough damages to make it worth their while. Just my take on it.
  7. #7  
    It has nothing to do with how big a player someone is, or whether or not it's profitable for one company to sue another.

    A suit over size and appearance would be quickly dismissed, unless it was easily discernable that one is trying pass itself off as the other.

    That doesn't apply here. The TP is obviously not trying to "look" like an iPad, or be passed off as an iPad.
  8. #8  
    Quote Originally Posted by hparsons View Post
    It has nothing to do with how big a player someone is, or whether or not it's profitable for one company to sue another.

    A suit over size and appearance would be quickly dismissed, unless it was easily discernable that one is trying pass itself off as the other...
    I can't disagree more with you, and I believe Apple's lawsuit history backs me up pretty strongly.
  9. #9  
    Quote Originally Posted by EvilKell View Post
    I can't disagree more with you, and I believe Apple's lawsuit history backs me up pretty strongly.
    Excellent, show me where.

    Please note especially the notorious "look and feel" lawsuit agains Windows. Granted, that was software, but much the same issue.

    Find me a device that was heavily marketed under its own name, where Apple successfully sued because it looked too much like their product.
  10. #10  
    Quote Originally Posted by hparsons View Post
    Excellent, show me where.

    Please note especially the notorious "look and feel" lawsuit agains Windows. Granted, that was software, but much the same issue.

    Find me a device that was heavily marketed under its own name, where Apple successfully sued because it looked too much like their product.
    I anticipated this from you.

    Apple sues Samsung for 'copying' the iPhone and iPad -- Engadget

    Have a nice day.
  11. #11  
    Quote Originally Posted by EvilKell View Post
    I anticipated this from you.

    Apple sues Samsung for 'copying' the iPhone and iPad -- Engadget

    Have a nice day.
    Attached Images Attached Images
  12. #12  
    This article from Engadget is a decent take on it:

    http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/?m=false

    Obviously nothing to do with the look of the Touchpad but I don't think Apple would go down that avenue, especially when both sides have some pretty heavy hitting patents.
  13. #13  
    Quote Originally Posted by EvilKell View Post
    I anticipated this from you.

    Apple sues Samsung for 'copying' the iPhone and iPad -- Engadget

    Have a nice day.
    Did you read the details about the lawsuit? Pay special attention to the bold (from the article quoted):

    Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple's technology, user interface and innovative style in these infringing products.
    HP didn't copy Apple's technology, didn't copy their user interface. At most, Apple might could make the claim against HP over style (though users are quick to point out the difference between aluminum and plastic), but that wouldn't get them far, (which was my point, sorry you missed it).

    I'll also point out, from the same article:
    Lest we forget, the rarest outcome in such legal tussles is for an actual judgment to actually be handed down, so the greatest likelihood is that this will just lead to another round of grudging handshakes and licensing going one way with money going the other way, but still, it's fun to see the big dogs barking at each other.[
    and I'll refer you back to what I actually wrote:
    Find me a device that was heavily marketed under its own name, where Apple successfully sued because it looked too much like their product.
    And yes, I'm having a nice day, getting nicer by the moment.
  14. #14  
    Quote Originally Posted by sketch42 View Post
    Just because I anticipated the "prove it" from hparsons even though the recent Samsung lawsuit was talked about in this very forum, and referenced in the topic title, doesn't mean I was looking to set him up or that I'm not correct. The honest truth is that I was just too lazy to look up the lawsuit article at the original post time
  15. #15  
    It's always Samsung products that people confuse with Apple products. I don't think people will confuse the Touchpad with the iPad, though.
  16. #16  
    Quote Originally Posted by EvilKell View Post
    Just because I anticipated the "prove it" from hparsons even though the recent Samsung lawsuit was talked about in this very forum, and referenced in the topic title, doesn't mean I was looking to set him up or that I'm not correct. The honest truth is that I was just too lazy to look up the lawsuit article at the original post time
    Of course the Samsung lawsuit doesn't mean you're not correct. The Samsung lawsuit has no bearing on the what I said, for two reasons:

    • It's not a successful lawsuit by Apple, it was only recently filed
    • It's primarily over the technology, and the user interface (both of which are patented), not the styling.
  17. #17  
    To be fair, I should have read more of your request for proof. Since you say a lawsuit based on a competitor making a product look or function like an iOS product would be quickly thrown out, here is how Apple has already won a big part of the Samsung lawsuit.

    ...SAN JOSE (CN) – Samsung Electronics was told Wednesday to fork over five of its not-yet-released mobile phones to Apple. Sitting in Federal Court in San Jose, Judge Lucy Koh ruledthat Apple deserves the quick production of cell phone samples three months earlier than usual in the litigation process, though she drew the line at requiring testimony from Samsung executives...
    ...“Although the Court expresses no opinion on the merits of Apple’s claims, the Court notes that Apple has produced images of Samsung products and other evidence that provide a reasonable basis for Apple’s belief that Samsung’s new products are designed to mimic Apple’s products.”...
    Apple Wins Lawsuit Against Samsung; Our Jaws Drop At the Ruling YS Tech- Technology News

    I'm not inclined to say a lawsuit against HP for copying iOS devices, more specifically the TouchPad copying the iPad/iPad2 would be successful. There is no requirement for a lawsuit to be successful, though. You can file a lawsuit regardless of whether or not there is merit, and many of the problems that Apple has with Samsung's devices would apply to the TouchPad vs. the iPad.
  18. #18  
    Quote Originally Posted by EvilKell View Post
    To be fair, I should have read more of your request for proof. Since you say a lawsuit based on a competitor making a product look or function like an iOS product would be quickly thrown out, here is how Apple has already won a big part of the Samsung lawsuit.
    You should go back and read what I really said.

    I never said anything about a competitor making a product that "functions" like an IOS product. We're talking about the similarity in appearance of the device.

    That said, you should also go back and reread the article you reference. Apple didn't win the lawsuit (in spite of the attention grabbing headline), they won a motion for discovery.

    Keep trying though, it's amusing.
  19. #19  
    dont go scrounging for titles... read the article.. and the source article which can be found HERE

    Hmmm and what is that source article about???

    Apple wins early access to Samsung phones/tablets in copycat case
  20. #20  
    Aren't roughly 50% of apple's workforce lawyers?

    -- Sent from my Palm Pre using Forums
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