But here's the thing, one other company does not = other companies. Furthermore, the phones Apple is claiming are infringing their patents do not look like the Prada, they look like the iPhone almost to a T, as does their OS environment.
The Patent in question in this case is design. so yes, the look and feel. if the iphone looks like the prada, and the samsung looks like the iphone... its not a far stretch to think that in fact, the design elements amongst the 3 phones are similar, and since it was Prada who possibly had the initial design, it is not apples design to sue upon.
That is why LG prada keeps being brought up. LG has never sued apple. So we can only assume that LG doesn't believe apple infringed (or doesn't care).
"oh, we didn't copy Apple, we copied LG", but I don't think that would make for a persuasive defence.
actually, would be a decent defence against apple. Though it would open up possible litigation from Samsung. Not a wise defence, IMHO, but would put a wrinkle up apples nose.
But Apple has designs going back as far as 2005, meaning they didn't have the Prada to influence it.
we have no evidence for or against when LG prada was in design. Therefore we cannot make any claims that the LG prada wasn't in developement long before, or immediately before. All we know is that the release date to the consumer for the LG phone was prior to the iphones release, And thus, could possibly have invalidating affects on the patent.
Were the patents granted to them? If yes, the question is why?
The patent system is horribly flawed and extremely open to those who have the most money. Apple historically, Even back in their early days have had a shotgun approach to patents. File for everything. Attach with everything, And see what sticks. In the long run, Apple has had a lot of patents invalidated. The patent office isn't some infallible organization that knows everything. They award patents often frivolously for those who are willing to pay.
Apple abusing that doesn't make them anymore right.