The patent wars rage on as a new chapter in legal copyright claims is beginning to flare up after the long tension between Apple and Samsung continues in court. Leading design patent experts believe that with the recent court hearings on patent right claims from Apple, the tide could likely turn in favor of Samsung’s bid to sell its Galaxy Tab series.

Last October, U.S District Judge Lucy Koh waved two tablets in the air asking for Samsung’s attorney to point out which was the iPad and the Galaxy Tab.  Surprisingly, the attorney replied, “Not at this distance, your Honor.”  With that statement, news agencies began spreading the word that Apple has potentially gained leverage in its ongoing dispute over copyright claims, in which Samsung was accused of “slavishly copying” many of Apple’s designs.

The news backfired, as the tablet-waving session turned out to be in favor of Samsung’s crusade in bringing down Apple’s patents altogether. According to Christopher V. Carnai, chair of the American Bar Association’s Design Rights committee, the crucial moment came when Judge Koh related Apple’s tablet to the 1994 Knight Ridder tablet, along with the judge’s remark, “I think that invalidates.”

Judge Koh’s statement gave a devastating blow to Apple’s copyright claim over the iPad design, stating that the patent was invalid as it reflects Samsung’s defense raising an art reference of the design, specifically the Knight Ridder.

An unsealed court filing shows that Samsung’s primary argument is based on the fact the iPad design is obvious:

In 1994, the publisher Knight-Ridder produced and distributed a video that showed such a device with many of the elements embodied in Apple’s later D’889 patent application, including an overall rectangular shape with four evenly rounded corners, a flat clear surface on the front of the device, a rim surrounding the front surface, a substantially flat back panel that rounds up near the edges to form the rim around the front surface, and a thin form factor. Apple failed to disclose this device to the PTO during the D’889 patent’s prosecution, even though Apple knew of its existence directly from Dr. Fidler, with whom Apple worked.

In order for Apple to likely succeed in the preliminary injunction stage, the company must prove whether or not the iPad design is obvious when being compared to the Knight-Ridder tablet and other past designs. Apple and Samsung’s legal battle continues globally as Apple fights it way to maintain control over its tablet market share.

Who do you think is right in this battle between Samsung and Apple?

Paul Nuñal
Paul and I.T. are synonyms. If you need help with I.T.-related stuff, call on Paul. His experience with Android phones goes way back to the ancient single-core-phone days. But, he keeps himself up to date, so now he has a dual-core beast in his pocket, and is looking forward to getting his first quad-core monster, and when it comes, his first eight-core phone. Perhaps he should be called Mr. X-Core, where "X" equals the number of CPU cores.
  • Tom Hermans

    If you say tablet, you immediately think of something thin, rectangle etc.. Mozes has that patented imho ;) rounded corners are no specific feature to something like this.

    It’s not only about who’s right or wrong, it’s time that the ridiculous/obvious patents and the patent trolling of Apple over it are being halted.

  • AppleFUD

    Software patents need to die!

    Apple & MS build their companies on stealing other people’s ideas at a time when software patents weren’t allowed–now they get to turn the tables on everyone else? BS!!!

  • Irhuntly

    This focus patents is a joke, instead of wasting money on lawyers, use it fix the issues with both devices and make them more usable. I am sure that for the costs these seemingly endless litigations, we should have devoice that could do a week of work without needing a recharge or extra weight by now.

  • OptimusNext

    There is also this: The Crunchpad is proof of obviousness in the iPad design from – You should have a read!

  • I use the samsung tab, I also prefer android operating system compared to IOS, so I support the samsung android to defeat Apple’s dominance

    if you need a tablet android quality please visit

  • peegeta

    It is very sad that Apple is trying to claim they have innovated everything. WWDC 2012 was a joke their new features are what I have been using on my S2. I had a iPhone 3gs but found it was very limited to use and the amount of purchased music I lost on iTunes is unknown but I had a suspicion that something was wrong. My experience with iTunes was frustrating. I now have GS2 and I have no complaints but next phone will definitely be a Nexus phone and I hope Google gets all manufacturers to make a Nexus phone. I have read the comments and Apple are fighting a futile war. I will not pay for an overpriced product when I can get better for less. Some very cool innovations came with the GS3. Next WWDC 2013 Apple will say they invented all of these. Oh yes the scrolling patent this should be a standard function on all smartphones because it has been on PCs for years. Bringing it to t smartphone is not an innovation. Apple are patenting everything because they know that they are not innovating and this is the only route they can take. The next iPhone will have a new connector and their followers will have to buy an adapter or new iPhone to use their products.As long as the fools pay Apple will make loads of money but its a slap in the face really. I’m happy with android. Peace!!