Apple's Opening Court Statement Focuses on Samsung's Radical Shift in Phone Design

[Rogifan]

I'm sorry but the Galaxy Ace Plus (which is what Apple sued over) looks a bit too much like the iPhone 3G. I'm sorry but I have a hard time believing this phone, released in 2012 was just an evolution of the F700 or any other prototype Samsung allegedly had prior to the iPhone. This isn't just about rounded rectangles. If it was Apple would be suing every Android OEM. But they're not, they're only going after specific models from Samsung.

 

[sfrancis928]

Flattered?

It just seems we as a society have just become so litigious and offended at everything. How about flattered? How about we try that one on. Flattery.

Yeah, I'm sure Apple is flattered to have Samsung taking their business with their own designs. Just flattered.

 

[MacinDoc]

And a lot are off-the-shelf parts, and the Apple engineers worked with Samsung because Samsung was the *best* at producing the parts (and Apple had no ability to produce them in-house).

Samsung's point (that Apple couldn't produce Itoys without Samsung) is valid.

Valid, yes, but relevant, no. That would be like saying that it was okay to steal from someone if you worked as a contractor for them.

Now, I'm not saying that Samsung stole anything from Apple, only that whether or not Samsung is a supplier to Apple is immaterial with respect to Apple's claims.

Where it is relevant is with respect to Samsung's counterclaims that Apple failed to agree to reasonable licensing fees for Samsung's patented IP that is found in some of the components that Apple purchased from third parties. Of course, Apple is claiming that the terms offered by Samsung were not fair and reasonable. So this case may be a landmark with respect to the way that FRAND patents are licensed. Personally, I don't think that the court will agree with Samsung's argument here, because if all FRAND patents used in smartphones were licensed at Samsung's requested 2.5% of the total phone cost, then the cost of licensing the patents alone would exceed the entire cost of the phone. This would essentially defeat the purpose of establishing agreed-upon communication protocols that require the use of patented IP.

Of course, Apple will be ordered to pay for the use of Samsung's communication IP, but the rate will likely be based on the cost of the components, rather than the cost of the entire phone.

 

[faroZ06]

I'm sorry but the Galaxy Ace Plus (which is what Apple sued over) looks a bit too much like the iPhone 3G. I'm sorry but I have a hard time believing this phone, released in 2012 was just an evolution of the F700 or any other prototype Samsung allegedly had prior to the iPhone. This isn't just about rounded rectangles. If it was Apple would be suing every Android OEM. But they're not, they're only going after specific models from Samsung.

Image

That Samsung design must have been inspired a lot by the iPhone.

 

[szw-mapple fan]

The similarities are striking... lol

start innovating rather than messing with these stupid lawsuits apple!

 

[Rennir]

I'm sorry but the Galaxy Ace Plus (which is what Apple sued over) looks a bit too much like the iPhone 3G. I'm sorry but I have a hard time believing this phone, released in 2012 was just an evolution of the F700 or any other prototype Samsung allegedly had prior to the iPhone. This isn't just about rounded rectangles. If it was Apple would be suing every Android OEM. But they're not, they're only going after specific models from Samsung.

Image

IMO, you can't judge purely on the images you posted. As many others have mentioned, the failure to display relative size, as well as the way that the lighting/accentuation of the same parts of the phone can be deceptive. One example is the degree of curvature of the two devices.

And seriously? You can't see how this:

inspired what you posted?


Edit: Can you source your photo btw? I figured since people were so used to doing it for articles we might as well for images.

 

[smoledman]

I'd love to see Samsung pull the component rug out from under Apple. Let Apple scramble to replace Samsung for several quarters if they can.

 

[starstreak]

This is just getting nuts. I have a iPhone 4s. I'll buy the next iPhone. Why? I'm used the OS. My wife has a Samsung phone. The moment I turn hers on, besides it having a much larger screen, is the OS is different, and I know it if I tried to use it.

Apple needs to get off its high horse and stop complaining the other phone looks too much like theirs. Maybe Samsung didn't go far enough back in time. The Iphone looks a lot like the old Compaq PDA/phones that had no keyboard. Sould another company sue Apple because the phone is squarem has a touch display, has a camera? Sounds generic, which is what Apple is suing now for.

The shape is just to vauge.
It's like saying:
Sony's tv looks like Samsung's tv, They are both square.
I grab the wrong remote. Oh my, all my remotes are rectangular with many buttons.
Honda's car is like BMWs car because they both have 4 doors, come in same colors, has 4 wheels, they both have brake and gas pedals.
If I remove the color, my McD's cup looks like a Burger King cup. They should sue.

I could go on and on. What Apple is trying to sue on is too broad. Maybe some company should sue Apple for adding a light for the camera cause now it looks like a Samsung from the back.

And you watch, while I'm all for a LARGER iphone, with all the rumors pointing it to be a stretched out 4in screen, and not wider, only some apps are going to look better sideways. I hate that.
But I bet on some Apple internal memo, someone said don't make the screen bigger in LxW because we would get sued because now we're making our phones as big as Android type phones.

 

[Xerotech]

Blackberry should get a cut into Samsung's earnings prior to 2007. That is blatant copying.
Apple should take the rest of the cut of all future earnings prior to the S3. The S3 shifted from an iPhone design greatly. Sure, Android OS looks remarkably similar, but the phone's design changed quite a bit. It also has a plastic feel rather than a superb luxury feel.

I hate how these companies constantly sue each other over 'copying.' If you are the best you don't need to worry about anything. The iPad has been dominating the market. This is because it's an amazing product in comparison to other tablets. Who knows, maybe someone will be inspired by Apple's design and make the next innovative thing.

Everything has an era.

 

[MacinDoc]

I'd love to see Samsung pull the component rug out from under Apple. Let Apple scramble to replace Samsung for several quarters if they can.

That would be very bad business for Samsung. Not only would it lose its most valuable customer, but it would also make other customers nervous about signing contracts with Samsung.

Now if Samsung were to refuse to sign further contracts with Apple, that would be less harmful to Samsung, but it would still be bad business.

When it comes down to it, good business is not dictated by grudges or hurt feelings. It's just business. And honoring your contracts is good business.

 

[Xerotech]

That would be very bad business for Samsung. Not only would it lose its most valuable customer, but it would also make other customers nervous about signing contracts with Samsung.

Now if Samsung were to refuse to sign further contracts with Apple, that would be less harmful to Samsung, but it would still be bad business.

When it comes down to it, good business is not dictated by grudges or hurt feelings. It's just business. And honoring your contracts is good business.

They make a crap load of money off of Apple. If they killed Apple they wouldn't have someone to copy off of.

There are many different companies Apple could pursue to replace their parts. However, it'd be quite stupid as Samsung is basically the monopoly of all NAND flash. It'd be the cheapest option to buy from Sammy. Both ends win.

 

[Rogifan]

IMO, you can't judge purely on the images you posted. As many others have mentioned, the failure to display relative size, as well as the way that the lighting/accentuation of the same parts of the phone can be deceptive. One example is the degree of curvature of the two devices.

And seriously? You can't see how this:

Image

inspired what you posted?


Edit: Can you source your photo btw? I figured since people were so used to doing it for articles we might as well for images.

Oh for gods sake. Do a google search on the Galaxy Ace Plus. Damn near every review mentions the similarity to the iPhone 3G.

Since you asked, I got it off the website Technically Personal.

http://techpp.com/2012/01/04/samsun...the-core-with-galaxy-ace-plus-galaxy-m-style/

I'm sorry but come on. Samsung claims they employe over 1,000 product designers. Surely they can be more original than this. I'm not a fan of the Galaxy S III but it certainly looks nothing like an iPhone. So it is possible for them to be original when they're not being lazy.

 

[Technarchy]

I'd love to see Samsung pull the component rug out from under Apple. Let Apple scramble to replace Samsung for several quarters if they can.

You do know Apple is the largest semiconductor purchaser in the world currently.

You're basically asking Samsung to take a multi billion dollar hit out of spite.

And in doing so, Samsung would create powerful chip manufacturing competitors that would bite them on the ass down the road when it comes to large contracts.

The last thing Samsung wants is Apple getting in bed with Intel, Qualcomm, Texas Instruments, or Nvidia or AMD on a joint venture chip fabrication factory. You really think they want LG or Sanyo being twice as large as they are now? That is what would happen if Apple gave them all their display orders.

 

[Chrisg2014]

Tech products are not breakfast cereal. There's an enormous amount of innovation and risk associated with releasing new electronics devices. Surf on the other guy's established identity and good will and you've removed a huge amount of risk from the equation ("hey, that's just like the iPhone, it's gotta be good.")

You want to move to your example? People who like Lucky Charms aren't immediately going to pick up a bag of "Leprechaun" cereal just because it seems to be similar. But put it in the same size box with similar graphics and a closer name (e.g. "Luck and Charms") and you're inviting a lawsuit because the company worked long and hard to create a brand identity. So the food product may not merit protection but the trademark and trade dress do.

Well obviously you haven't seen crave cereal. That was an inavation lol and failed. Cereal filled with Chocolate, sounds good no one has done it. For good reason real chocolate in cereal tastes really bad! Kelloggs LOST A FORTUNE! Money is money and the breakfast cereal is a big business. Have you seen the amount of different cereals there are at your local store. Normally it's a whole isle devoted to the thing.


I took a look at the name of Samsung phones and none even has the word Phone in it. From what I can see they all are named after cosmic things. Star, Galaxy, BrightSide etc. with some exceptions like the Focus or trender.

Here is the thing, I love apple. But you can't sue someone for making a phone with a Touch screen that has a few buttons. For a good reason there are no need for any buttons, that's why there is a touch screen. Yes they look similar, but they're more buttons on it. What is Samsung going to do? Apple Makes a Black or white phone. I'm sorry they too make a black Phone or white phone. I'm sorry if they make a phone that is in the shape of a rectangle. If you look at the first samsung Galaxy, they haven strayed from the design much. Look at the Galaxy S, released in June of 2010. It still looks the same and the new ones and compared to it's old predecessor they just moved two buttons.

Apple is just getting money hungry now, there not trying to make money from the case there trying to bankrupt Samsung. I don't know why Apple by parts from samsung anymore. It's quite strange if you ask me, especially parts apple needs to make their iPhone, Samsung also uses those parts to make their. phones.

 

[Chrisg2014]

Samsung are such blatant copycats. Go Apple!!! Just look at these for blatant copying:
Image
And as if that's not enough:
Apples:Image
Image

against popular belief apple wasn't the ones who invented the 30 pin connector...

 

[Ryan John]

Those "after" iPhone Samsung phones are exactly like iPhones. Hard to distinguish...

And they look exactly like every other touchscreen phone on the market. Naturally if you get rid of the keyboard and buttons, the screen will fill the entire front facia.

This is natural design evolution. Fridges used to have square corners, TV's square corners, cars even had bits protruding all over the place.

Do they now? The answer is no.

Consumers prefer the more modern shapes so companies deliver. Just because Apple was an early adopter in the smartphone market, it doesn't make them the prime mover of the whole transition to non brick shaped items.

Look at the monitor you're reading this on (if it's not a Mac that is), imagine turning it in to portrait mode and oh my god, we have exactly the same shape. So did the monitor manufacturers copy the iPad/iPhone? Oh wait they didn't, flat screen monitors of this shape preceded the iDevices by many years.

The sooner this crap is kicked out of court the better.

 

[poloponies]

Apple is just getting money hungry now, there not trying to make money from the case there trying to bankrupt Samsung. I don't know why Apple by parts from samsung anymore. It's quite strange if you ask me, especially parts apple needs to make their iPhone, Samsung also uses those parts to make their. phones.

Bankrupt Samsung? Samsung is pretty massive, earning nearly $6 billion last quarter. They're not a little mom & pop operation.

 

[hugothomsen]

Good news for the legal profession

The more lawsuits, the better the news for the legal profession. And for BMW, yacht makers, and the champagne and oyster industry. But I suppose that then keeps the food chain of people working to produce all these luxury goods going, so that must be a good thing...

 

[Tussen69]

"As we all know it is easier to copy than to innovate," he told the court. "Apple had already taken the risks."

How well is that argument going to hold up when it's easy to show how Apple copied and stood on the backs of several companies to produce the iPhone and other devices.

p.s. you can copy AND innovate at the same time. Because unless Samsung actually produced an iPhone - it's not a 1:1 copy

A 1:1 Copy is not a stolen idea ..

a 1:1 Copy is called a counterfeit ..

Samsung does not produce counterfeits .. (tought they are getting verry close to that).. thats not what this is about

its about Samsung stolen or borrowed to much .. way to much ...

thats whats this is about . There are other android mobile phone munufactures who dont do that ... and thats what this is about

for f%€" ske they even stole ideas from the Think Different Campain

 

[bs-2010]

Apple needs to get over it. Every smartphone looks like the iPhone now anyway. I understand wanting to protect your IP but competition is good for us consumers. Apple stole the Android notification drop down...no big deal. The entire consumer tech market has been driven by innovation followed by "copying" for years.

 

[kot]

IMO, you can't judge purely on the images you posted. As many others have mentioned, the failure to display relative size, as well as the way that the lighting/accentuation of the same parts of the phone can be deceptive. One example is the degree of curvature of the two devices.

And seriously? You can't see how this:

Image

inspired what you posted?

Too bad Samsung ripped off the iphone's design for their F700.

 

[hilaile]

Android is free...

Adriod not completely free, Google will charge mobile phone manufacturer of royalty!

 

[kot]

Apple stole the Android notification drop down...

Apple "stole" it from Cydia by hiring the guy who created it in the first place. It 'd been there in Cydia for months before it appeared in Android.

 

[Oletros]

Adriod not completely free, Google will charge mobile phone manufacturer of royalty!

No, they don't charge for Android

----------

Apple "stole" it from Cydia by hiring the guy who created it in the first place. It 'd been there in Cydia for months before it appeared in Android.

False, it appeared in Cydia in August 2.008, in Android appeared in the February SDK

 

[numlock]

did apple licence the wooden shelf look from delicious library?