Just days after Apple CEO Steve Jobs unveiled the highly anticipated iPad, a Chinese company says the Cupertino, Calif.-based company copied its P88 tablet. Apple's iPad is a replica of Shenzhen Great Loong Brother's tablet with similar functions, Wu Xiaolong, the company's president, told El Mundo, a Spanish newspaper.
The iPad is a mix between a laptop and a smartphone with functions similar to Apple's iPhone, but on a larger scale.
Xiaolong is threatening legal action against Apple if it attempts to sell the iPad in China.
Some Key Differences
The P88's developer, which launched the tablet six months ago at the International Electronics Fair in Berlin, may be waiting for the iPad's debut in China because it may not have the right to assert a patent dispute in the U.S., according to Ilan Barzilay, an intellectual-property attorney and partner with Boston-based Seyfarth Shaw LLP. The P88 developer, however, may have the right to take legal action in China if it has the rights in that country.
"Apple is a pretty big company and if you are ready to start suit with them, you will have to be willing to go the distance," Barzilay said.
The Chinese company may have a difficult case to prove, as many observers said the tablets may look similar but have different features and functions. So proving theft of intellectual property will be a challenge.
The iPad, which is a half-inch thick and 1.5 pounds, has a 9.7-inch LCD screen and will come in 16GB, 32GB and 64GB versions. The Chinese company's P88 has a 10.2-inch screen without multi-touch functionality, uses a 250GB hard drive, and has an Ethernet port.
"Yes, Apple is selling a tablet computer, and yes, the P88 is similar, but the design is different, the interface is different, and it has different buttons," said Barzilay. "The iPad has been rumored to be in development since the Apple Newton (MessagePad) failed, and it seems somewhat unlikely that they stole particular design elements from the P88."
Publicity Stunt
"Tablets have been around for years and years and years," said Michael Gartenberg, an Interpret analyst. "Certainly the specific tablet's look and feel that Apple created is, at this point, clear that it is part of the iPhone and iPod touch family, so I'm not sure what the claim would be against them at this particular point. However, it is Apple and, of course, when Apple does something it often becomes the target of frivolous lawsuits."
It's no secret that months of rumors about Apple's tablet sparked consumer excitement. Some observers think the copycat charge is an attempt by the Chinese company to ride on Apple's coattails.
"To say anything now is to get some publicity, because everyone is talking about the iPad," Barzilay said. "And it does not sound like the P88 has been a hotcake seller. Still, {Xiaolong} may think in his own mind that Apple is trying to rip him off."
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