Not going after Samsung isnt even an option for Apple, patent holders by law, must pursue those who infringe if they want to keep their patent rights, or at least thats what i remember from college.
Not true. You can decline to enforce your patents and not lose them so long as you pay the maintenance. You cannot, however, decline to enforce your trademarks and expect to be able to enforce them later. Trademarks must be actively enforced and protected. This case is about "trade dress" which deals with confusing customers, design patents, and some engineering patents. Nilay Patel over at
This is my next did a great
analysis of the lawsuit -- it is certainly worth the read.
If you've got a Mac, hold down CTRL, CMD & D and hover the mouse cursor over the word. All will be revealed.
Wow -- I never knew this. This rocks.
My wife's cousin works for Samsung. The last time I visited Korea:
Me: "Look what I got!"
I show off my newest (then) iPhone 3G.
My wife's cousin: "Well, look what I got!"
He brings out what appeared to be a prototype Samsung touchscreen phone with iOS loaded on it. That's right, iOS.
Apparently this is what they do.
Hillarious. This is right in line with "trade dress" lawsuits since it is about squashing folks who try to create knock-offs.
God I love fanboys....
Apple use an identical notification system to Android? No problem.
Apple use a identical messaging system to RIM? Excellent.
Samsung use a green phone icon to represent the phone app? OMGGGGZZ LAW SUIT!!!?!1
Do you not see the irony?
This topic has been done to death and is clearly not as simple as the fanboys make out. This is clear by the fact that the case(s) continue to rumble on, with no sign of resolution.
The irony I see the most is that Android completely ripped off tons of things from iOS and the one thing that Apple took back was notifications. I think that makes the score like 5000 to 1. However, I think there is a reason that the iOS notifications look so much like Android and not like WebOS. The guy who developed the WebOS notifications now works for Apple. Palm filed patent applications on some of his work. Further, by jumping ship to Apple and creating the same system for them or something based on the patents held by HP would make Apple liable. I think they copied Android because HP locked up too much IP in the area of something better and the Android stuff had no protection around it.
As far as RIM, I really don't see why folks give them so much credit for messaging. Messaging was around before RIM -- they just put it on a smartphone and locked it in to a proprietary network of RIM devices. Return receipts and delivery acknowledgement are cool and RIM is the first to do them in a smart phone, but not the first to do them. Certainly Apple did not innovate here, but they followed in RIM's footsteps for copying the innovation that came before them and trying to implement it in a successful way.
I am not a lawyer, but if I recall correctly, it is not illegal to copy the look-and-feel of another product unless you can prove that it will create real confusion among consumers, creating a potential for fraud. Although it is in bad taste for Samsung to copy Apple, I don't think that alone is grounds for a lawsuit.
What will be interesting is whether there is merit in Apple's patents.
Check out Nilay Patel's
piece over at
This is my next.
Have any of actual seen some of these devices? Why are stock android devices on the list? Why is this suit against the phones and not the UI?
.....
You are right about those devices -- they look nothing like Apple's. But I do not believe Apple is naming those devices for "trade dress" or "design patent" violations. Those must be in regard to some of the engineering patents in the lawsuit (and they just added more patents to the list).
Thats the thing. Apple is showing you a picture of the Galaxy looking like an iPhone, they aren't showing you the screen with Widgets and other Android specific features such as the Notification Sy... oops... let me guess iPhone didn't copy Android Notification system thats right. My bad.
Samsung copied the main screen of the device -- the home screen. See above for my thoughts on the Android notification copying. The score is still Google-rip-offs-of-Apple: 5000 / Apple-rip-offs-of-Google: 1. I think the Android lovers are going to screaming "they copied our notifications" until the end of the earth. But seriously, they had limited options based on who they hired to design them and HP-owned intellectual property issues.
This isn't a patent claim, which hinges on similarities in HOW they work. This is a trademark claim,which hinges on the potential for consumer confusion. The look and feel is what is relevant in a trademark or, more accurately in this case, trade dress case.
It's both "trade dress" and "patent" (no actual trademarks are named as far as I know).
How do you guys, particularly the fanboys, feel about Apple copying others?
Google is still in the lead with the number of rip-offs. Apple needs to get off their butts and steal more of Google's ideas.
