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Their argument goes into more than just rounded corners. I agree that there were other touchscreen phones out before the iPhone , the LG Prada for instance. However the argument Apple has goes into UI and UX, the skewmorphic design, and some of the details of the device.

While I see both sides, I also see an obvious mimicking of Apple’s design language with the metal bezels, the radius of those rounded corners, the app layout, and even wallpapers. They also (IIRC) uncovered evidence within internal emails (at Samsung) essentially confirming they copied the design.

http://bgr.com/2012/08/08/apple-samsung-patent-lawsuit-internal-report-copy-iphone/.

Like many legal cases, this will set a standard for how industrial design cases are ruled in the future, so, it makes sense for both Samsung and Apple to fight it to the end.

It won’t set anything because Apple has lost several cases for its patents against Samsung outside the US.
All this was about is Apple attempting to kill off some competition. Business tactics.
 
One of many... https://en.wikipedia.org/wiki/HTC_Touch This one came out from HTC right around the same time as the iPhone, and if you follow HTC's devices back they were converging to this over time... they didn't wake up one day and decide on this design.

No major function in the iPhone was new... and in fact was a step back in many areas, but it was a refinement. What really put the iPhone into the stratosphere was when the App Store came along and gave people pretty much unlimited apps at the click of a button for free or nearly free. Prior to that, adding apps was painful and expensive.

Yes, they were converging! whereas Samsung basically did appear to wake up one day and decide to totally copy the iPhone.
They had internal documents which admitted it for god sakes!!
 
No point rewriting history, the first time I and many others really heard about smartphones was when the first iPhone and iPod Touch were released. After that everyone slowly went the touch screen only route, where before they always still included keyboards. (Droid 1/2)

You can say "but random phone X was there before", but nobody remembers them very well unless you were really into tech.

Actually you are the one rewriting history, it’s like claiming cars didn’t exist until you saw one for the first time!
Their is a whole wide world outside the US that had phones other then the Motorola Startac before the iPhone!
 
It won’t set anything because Apple has lost several cases for its patents against Samsung outside the US.
All this was about is Apple attempting to kill off some competition. Business tactics.
And this case being inside the US is important in their viewpoint. If a law is upheld in the US, Samsung has to work inside the scope of the rules to sell here. As does anyone else, including Apple.

It’s a game of legal chess, and Samsung hasn’t won all cases outside the US either (IIRC).
 
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Yes, they were converging! whereas Samsung basically did appear to wake up one day and decide to totally copy the iPhone.
They had internal documents which admitted it for god sakes!!

True, they had internal documents that said they should do more like what Apple was doing, than what Nokia was doing.

(All companies write stuff like that. Heck, the trial also brought out internal documents that showed Apple decided to make the iPad mini after VP Eddie Cue used a smaller Samsung tablet and liked it. So it goes.)

But Samsung also had internal documents showing the "Ireen" UI they had been working on:

samsung_ui_concept.png


And their phone designs:

samsung_phone_concepts.png


Again, this thread is about a design patent trial, and if Apple can't keep such prior art hidden like they did last time, then the result could be quite different.

Edit: but I'm not sure prior art will get to come in, sadly. The trial looks to be only about arguing how much award should be allocated per patent. Would be nice one day to have a fair trial on this topic, but I think that ship has sailed.
 
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Yes, they were converging! whereas Samsung basically did appear to wake up one day and decide to totally copy the iPhone.
They had internal documents which admitted it for god sakes!!

And my gosh... no other company has ever had internal documents that analyze a competitor's products and lay out a strategy to compete with those products??? Shame on them. Surely Apple has never done anything like this.

Apple had never made a smartphone before the iPhone. So if anyone "woke up one day" and copied something it was Apple.

Samsung had made similar designs for years... that were "converging".

Below are two phones that I owned, one of which I still have. First, lets go back several years before the iPhone to the Samsung SPH-i700, released in 2004. https://en.wikipedia.org/wiki/Samsung_SPH-i700

1200px-Samsung_SPH-i700.png


Or go back to 2001 with the SPH-i300. https://en.wikipedia.org/wiki/Samsung_SPH-i300



i300.jpg




Samsung designs... touch screen smartphones. But change it to a rounded rectangle with icons in a row, and bam... you can't do that because Apple "invented" it. Correct me if I'm wrong, but the Palm Pilot had icons in rows in 1997.

So if Apple didn't just wake up one day, what other smartphones did Apple have prior to the first iPhone that "converged" to that design? Or maybe the "converged" Samsung's designs? Hmmm.
 
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I worked for electronics shop Dixons when I was at uni in the UK. Got one of the first 3g devices back in 2003. A920. Then a1000.

These were oblong shaped, had an arm processor, touchscreen, stylus, microsd slot, front and rear cameras, agps, apps, video calling and I was sent football highlights on video clips!

The US was miles behind europe back in the early 2000's.

Dug it out the other day. A touchscreen armpowered 3g smartphone. In 2003. Way before the iphone was even 3g. Or had apps.

Or before the iPhone existed by 4. Years.

Screenshot_20171026-201022.jpg
 
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And this case being inside the US is important in their viewpoint. If a law is upheld in the US, Samsung has to work inside the scope of the rules to sell here. As does anyone else, including Apple.

It’s a game of legal chess, and Samsung hasn’t won all cases outside the US either (IIRC).

It’s won the majority, because of prior art and other reasons.
It shows what happens in America does not relate to outside America. As said this won’t set anything because of those reasons. Just business tactics.
 
Earlier this week, Koh ordered that a new trial is required to determine whether Apple's $399 million award for Samsung's design patent infringement should stand or whether a new damages trial is required.

Something seems a little self-serving (for the legal profession) about all this.

Just wait till they start the trials for the iPhone 4, 5, and 6 copies! This could drag on for decades. Lifetimes even. The grandchildren of the current generation of lawyers could still be profiting from this case!
 
Where exactly are you seeing that Apple is "literally crushed" Samsung in the smartphone market. Samsung has nearly double the market share of Apple. You have a different definition of "literally crushed" than I do!

View attachment 727523

Apparently you don’t know the difference between a Corolla and a Lexus.

Samsung is like Toyota. They sell a few higher end Lexus models (Galaxy S or Note), but the bulk of their sales numbers are for cars like the Corolla, Yaris or Camry (Samsung Galaxy Star or similar).

Apple is like BMW. They sell the 3 Series (iPhone SE) up to the 7 Series (iPhone X). They don’t sell phones under $100 like Samsung does.

BMW outsells Lexus by something like 3:1, which I would consider “crushing” in terms of sales numbers. Unless you have another word that’s more suitable.
[doublepost=1509045670][/doublepost]
In America. Not elsewhere. ;)

Worldwide total sales.
 
I still remember when an expert was testifying at the original trial. She picked up an iPhone to make a point about the design of a particular icon only to discover she had accidentally picked up a Samsung phone. To me, that was the best proof of the similarity.

The trial about copying is over. The remaining court time is about damages and how much is owed.

Do you think Samsung should owe 100% of the profits from those smartphones just for violating a design patent?

Also, how much percentage of iphone profits should VirnetX get for Apple violating the patents used to run FaceTime?
 
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It's very important that this lawsuit continues indefinitely, so that we have something to remember both companies by after they are gone and our AI overlords have taken over.

What a pity they don't have AI Lawyers deciding this case... it would be over in milli-seconds. And final. This dragging on and on and resurfacing shows what is wrong with the legal systems.

Blind Freddy could see Samsung copied this design. Simple as "this is our old style phone pre-iPhone, this is our new design post-iPhone". Done and dusted. It's not like Samsung haven't had form in doing exactly the same thing with other companies products. The just wear competitors down until it isn't worth pursuing.

Lucy Koh, should put her glasses on and look at the phones from 5 feet away and admit this is a stupid waste of time, money and effort and up the award to $2B and put this behind all of us. She'll make more money presiding over the outcome than either company if this keeps dragging on...

Even better, setup an iPhone X next week with FaceID to recognise an iPhone 3GS and then see if you can unlock it with a Samsung phone from that era... then we will see how good FaceID is!
 
The trial about copying is over. The remaining court time is about damages and how much is owed.

Do you think Samsung should owe 100% of the profits from those smartphones just for violating a design patent?

Also, how much percentage of iphone profits should VirnetX get for Apple violating the patents used to run FaceTime?

How much should Xerox get for the mouse? :p
 
Apparently you don’t know the difference between a Corolla and a Lexus.

Samsung is like Toyota. They sell a few higher end Lexus models (Galaxy S or Note), but the bulk of their sales numbers are for cars like the Corolla, Yaris or Camry (Samsung Galaxy Star or similar).

Apple is like BMW. They sell the 3 Series (iPhone SE) up to the 7 Series (iPhone X). They don’t sell phones under $100 like Samsung does.

BMW outsells Lexus by something like 3:1, which I would consider “crushing” in terms of sales numbers. Unless you have another word that’s more suitable.
[doublepost=1509045670][/doublepost]

Worldwide total sales.


LOL... so basically Apple is crushing Samsung in the snob market. gotcha. I'm pretty sure Apple sells an iPhone model that is $349... not seeing how that fits your analogy. But whatever spin you want to put on it.

The one area Apple is crushing it is in profits, because they are able to sell stale designs they don't update often to people like yourself that gleefully open your wallet and pay premium dollar for them.
 
Does anyone know if Apple is also pursuing lawsuits against other manufacturers? They seem to focus heavily on Samsung but not on Huawei, for example. At least Samsung is differentiating to a strong degree. Huawei is like a carbon copy of Apple, including not only product to even marketing.

This is what I mean... MateBook X page http://consumer.huawei.com/en/tablets/matebook-x/ vs Apple MacBook Page https://www.apple.com/macbook/. How do these guys get away with it.
 
This is one of those internet scandals that no one really cares about

I don't care if Apple wants to battle others in the marketplace. I do care when they use frivolous patents to try and eliminate competition in court cases. In my eyes, I see Apple as using their huge warchest of money to try and bully the competition in the court system.
 
It's crazy how this battle is still going on over phone models that are so obsolete, hardly anyone is even using them anymore.
Yes, rapists are also still prosecuted even when the victim is not attractive anymore. Thank God that is the way it works, your society would be terrifying and horrible...
 
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