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142014-apple_samsung_lawsuit.jpg

Former Engadget editor Nilay Patel lays out a thorough analysis of Apple's newly-filed lawsuit targeting Samsung for allegedly copying the "look and feel" of iOS devices with its "Galaxy" line of smartphones and tablets. Patel offers an excellent look at the overall lawsuit, as well as a claim-by-claim analysis of each of Apple's sixteen claims against Samsung.Taken as a group, it feels like a remarkably solid case - Samsung can't just up and countersue Apple with its own patents and hope to walk away with a handshake and a cross-license because of the various trademark, trade dress, and design patent claims. How the company decides to deal with those issues remains to be seen; there's no question in my mind that Samsung designed TouchWiz to look and feel as much like iOS as possible, and then marketed it as such.The entire report is a solid read for those looking to understand more about how Apple is approaching the issue.

Interestingly, the background portion of the lawsuit also provides total sales numbers for various iOS devices "as of March 2011". Comparing those numbers to known sales as of the end of 2010, asymco's Horace Dediu has calculated minimum unit shipments for the various devices during the first quarter of 2011.

In the lawsuit, Apple variously notes that either "as of" or "by" March 2011, Apple had sold more than 108 million iPhones, over 60 million iPod touches, and over 19 million iPads.These numbers are material because we know units sold prior to CQ1 and can derive the minimum units sold for these three product lines during Q1.

Namely:

- Total iPhones sold before Q1: 89,971,000 implying a minimum of 18.1 million sold during the quarter (my estimate is 18.4)
- Total iPod touch sold before Q1 (estimated): 55.5 million implying a minimum of 4.5 million iPod touch sold during the quarter (my estimate 5 million)
- Total iPads sold before Q1: 14,789,000 implying a minimum of 4.2 million iPads sold during the quarter (my estimate is 7.3 million).The question becomes whether the implied level of 4.2 million iPads sold during the first quarter of 2011 is an accurate number, in which case Apple's performance would have fallen well below expectations, or simply an understatement by the company.

Apple is set to announce official figures for the quarter at its earnings release tomorrow. The release should include specific sales figures for the iPhone and iPad, but Apple generally does not issue specific numbers for the iPod touch, instead reporting total sales for all iPod models and then sometimes breaking out a rough share for the iPod touch or stating the device's growth as a means of highlighting its performance on the earnings conference call.

Article Link: Analysis of Apple's Lawsuit Against Samsung, Includes iOS Device Sales Numbers
 

NightFox

macrumors 68020
May 10, 2005
2,463
2,186
Shropshire, UK
I'm surprised to see iPhones have outsold iPod Touches by so much; I've never really considered the figures but just assumed that there would be way more iPod Touches around than iPhones.
 
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0997853

Suspended
Feb 5, 2011
125
110
Europe
I understood one post about this,the second, but three for the same stupid lawsuit? Have you heard about updating a post? :) When you're out of ideas, bringing the same news over and over again it just denotes being unprofessional.
 
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Daremo

macrumors 68020
Jul 3, 2007
2,163
290
Chicago
Some advice to those who make these images about "LOL'ing at Apple"... Try proof reading so we don't LOL at you.
 
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Funkymonk

macrumors 6502a
Jan 7, 2011
773
0
I'm surprised to see iPhones have outsold iPod Touches by so much; I've never really considered the figures but just assumed that there would be way more iPod Touches around than iPhones.

why? iphones outselling itouches by so much makes sense to me.
 
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Tones2

macrumors 65816
Jan 8, 2009
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0
I'm sure quite sure what Apple hopes to accomplish here. Every smart phone steals from every other one. I don't know if you can differentiate design "concepts". It's like suing someone because the chords for his blues song goes in a 1-4-5 pattern like yours does. It's just part of the genre.

Tony
 
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dethmaShine

macrumors 68000
Apr 13, 2010
1,697
0
Into the lungs of Hell
I'm sure quite sure what Apple hopes to accomplish here. Every smart phone steals from every other one. I don't know if you can differentiate design "concepts". It's like suing someone because the chords for his blues song goes in a 1-4-5 pattern like yours does. It's just part of the genre.

Tony

You failed to read the blog. Wanna try again?
 
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Tones2

macrumors 65816
Jan 8, 2009
1,471
0
You failed to read the blog. Wanna try again?

What, that ONE GUY thinks Apple has a solid case? Yeah, I got that part. :rolleyes:

The point being that almost EVERY smart phone even before the iPhone has a black, rectangular shape with square application icons on the Home Screen and a button or three at the bottom. Some closer than others to the iPhone and to EACH OTHER. Jeez...
 
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Funkymonk

macrumors 6502a
Jan 7, 2011
773
0
Couldn't Samsung just claim that the Galaxy S line is an evolution of the Samsung F700? Pretty strong argument for samsung.
 
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NightFox

macrumors 68020
May 10, 2005
2,463
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Shropshire, UK
why? iphones outselling itouches by so much makes sense to me.

Just really basing it on my own experience - I'm the only one of my close friends/family to own an iPhone, but I can count 5 iPod Touches in that same group. Also thought their would be a lot of iPod Touches owned by children rather than iPhones.
 
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cmaier

macrumors Core
Jul 25, 2007
21,232
24,085
California
Apple better not win this case and anyone who thinks that they should are a fool.

Anyone who offers an opinion that people who disagree with them are fools, without even having read the 350+ complaint, might be a fool.

Wich of apple's specific claims do you disagree with?
 
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kdarling

macrumors P6
One of the three basics that must be proven in order to win a trade dress case, is the likelihood of confusion.

In other words, would someone think they're buying one thing but really getting another, such as might happen with shoes or pills or whatever.

Does anyone think that a normal person would actually confuse a Samsung Galaxy (especially with that huge "Samsung" on it) with an Apple iPhone when they're buying it?

I mean, is Apple going to claim that they're losing sales because the Galaxy is so close to the iPhone that people can't tell the difference? If so, that sure doesn't say much for the iPhone. Or it says a lot for the Galaxy.
 
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macrumors12345

macrumors 6502
Mar 1, 2003
410
0
What is "March 2011"?

It's ambiguous whether they mean the beginning of March, the end of March, or somewhere in between. This will have a huge impact on the iPad numbers since iPad 2 didn't go on sale until March 11, and has been severely constrained since then.
 
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sittnick

macrumors member
Jan 9, 2008
84
36
Breaking news 1979 --RCA vs. GE

BREAKING NEWS --- 1979 --
3_ab121w.jpg
4_gebw.jpg


RCA Launches Suit Against General Electric for infringement of 9" b&w television interface and "look and feel."

Spokesmen for RCA maintain that GE's misappropriation of the LīfLīk® Trūwūd® woodgrain finish, leading consumers to confuse the GE imitation with the RCA original.

Also note GE's nearly identical VHF and UHF controllers ... placed in the same location on the chassis as the RCA original. Even the speaker is located in the same way.

RCA patented the use of separate VHF and UHF knobs in 1958, the click-stop UHF knob in 1972, and the ergonomically efficient upper right location of tuner knobs in 1952. The characteristics are innovations that help the consumer recognize an RCA television, and any use of these unique features without RCA's explicit permission is a breach of patent, trademark and copyright.
 
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BREAKING NEWS --- 1979 --
3_ab121w.jpg
4_gebw.jpg


RCA Launches Suit Against General Electric for infringement of 9" b&w television interface and "look and feel."

Spokesmen for RCA maintain that GE's misappropriation of the LīfLīk® Trūwūd® woodgrain finish, leading consumers to confuse the GE imitation with the RCA original.

Also note GE's nearly identical VHF and UHF controllers ... placed in the same location on the chassis as the RCA original. Even the speaker is located in the same way.

RCA patented the use of separate VHF and UHF knobs in 1958, the click-stop UHF knob in 1972, and the ergonomically efficient upper right location of tuner knobs in 1952. The characteristics are innovations that help the consumer recognize an RCA television, and any use of these unique features without RCA's explicit permission is a breach of patent, trademark and copyright.

Awww...old TV's. :eek: *tear
 
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LagunaSol

macrumors 601
Apr 3, 2003
4,798
0
wow @ post 2.

apple will have a hard time fighting this in court.

Hardly. Samsung would have been fine had they stuck to that original theme, rather than move into Apple's house as a squatter with a subsequent model:

iphone4-vs-galaxy-s-head.jpg
 
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Yamcha

macrumors 68000
Mar 6, 2008
1,810
145
Alright, I was originally going to take Apple's side on this, since I could clearly see it looks a lot like iOS, but having looked at Samsung's F700, I don' think Apple has any right to sue..

Although the Samsung F700 has very simple icons, Apple clearly has the same placement of icons, even looking at the bottom you find the four dock like icons..

samsungf700cellular.jpg


I'd say that Apple copied Samsung :p.. Honestly I'm not one to take sides just because I like Apple Products, I just think its wrong to sue since Samsung clearly had this type of UI first.. Apple has no right to sue..
 
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Yamcha

macrumors 68000
Mar 6, 2008
1,810
145
What annoys me even more is that Apple always seems to make these claims that they made such and such first, and that Windows is copying Mac OS.. What annoys me is if you know a bit of the history you'll find that Apple copied Xerox interface, with permission of course, but it's not like they came up with it first..

Now they are making another claim that Samsung is copying..
 
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Yvan256

macrumors 603
Jul 5, 2004
5,049
927
Canada
why? iphones outselling itouches by so much makes sense to me.

But it doesn't make sense to a lot of us. The monthly fees on an iPhone are just too much for a lot of budgets. You pay your iPod touch once and that's it. No more to pay every month after that.
 
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