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

[KnightWRX]

Yes, really.. it's no coincidence everything is 98% identical.

Well, just to name a few :

- The covers are not made by Samsung but a 3rd party
- The store is not a Samsung store, it's an Italian mobile device vendors where Samsung happens to have a kiosk. The decor is the store's, not the kiosk's.

So yeah, pretty much all those things are coincidence or irrelevant. So much so, Apple isn't suing over any of those.

 

[ivan2002]

? did you look at the photo?

At some point, you have to protect your intellectual knowledge and what you've CREATED, not copied.

Created? Seriously?

Honestly, some of you people should Google "LG Prada". Apple did not invent a touchscreen no-physical-keyboard smartphone, and it's a given that they will all look alike.

 

[Deedlez]

Obviously the change in design direction was no coincidence.

Seeing those images reminds me that there are still no widgets on the iPhone, despite them being part of OSX...

 

[Bubba Satori]

Radical shifts should be against the law.

 

[sazivad]

Image that supports Apple's claims

Image that supports Samsung's counterclaims

What I'd like to know is the amounts of each kind of phone (flip, candybar, touchscreen candybar) were sold before and after iPhone, as well as how many models of each kind were manufactured (e.g. there may have been one or two candybar touchscreen models before iPhone, but after iPhone, the market may have been flooded with them).

 

[Waxhead138]

The Judges Instructions and Definitions

Click the link at the bottom of the article and read.

Granted, we haven't seen all the evidence, but based on the judges instructions and the timelines / evidence / documents that have been leaked, It looks like Samsung is pretty well screwed. Stranger things have happened though, juries don't always do as instructed. The irony is...I don't think Apples lawyers have to really lie or misrepresent much at all...it all seems clear.

Samsungs biggest problem is the "You did it too!" defense is going to be a horrendous flop. Even "You did it first!" isn't going to work. They better provide some documentation of actual work or this will be the Yankees vs the tee ball team at your local elementary school.

This all does kinda remind me of Something about Mary...when the stalkers realize who each other are and start determining who is the worst stalker

 

[samcraig]

Yes, really.. it's no coincidence everything is 98% identical.

Actually - it is.

For one - the picture of the trade show booth wasn't an official samsung booth. It was a vendor promoting Samsung.

Second - the old style microphone has been used/an icon for recording years WAY before the iPhone. And has appeared on phones before the iPhone. So I guess Apple copied someone else there buddy.

I'm not going to go through all of the images. Point is - your post can be found dozens if not hundreds of places on MR and it's still meaningless

 

[AustinIllini]

Created? Seriously?

Honestly, some of you people should Google "LG Prada". Apple did not invent a touchscreen no-physical-keyboard smartphone, and it's a given that they will all look alike.

Since I know people won't look.

 

[denaliOnDubs]

I was a sales manager for one of the big four before the iPhone and after... So I've seen a few phones. Samsung made a huge change after the iPhone came out.

 

[.Joel]

It would if they actually won them. As it stands, they're losing more than they're winning. Shows their arguments and false pretentions of being the sole industry innovators are just that : arrogance on their part.

They claim to be sole industry innovators? Correction, they have brought technologies to the industry that have been ripped off by others. There are essential patents, clearly which each and every manufacturer uses. Last time I checked making your phone look like an iPhone is only essential when you can't come up with original ideas.

 

[samcraig]

Samsungs biggest problem is the "You did it too!" defense is going to be a horrendous flop. Even "You did it first!" isn't going to work. They better provide some documentation of actual work or this will be the Yankees vs the tee ball team at your local elementary school.

Actually - Samsung's biggest problem are notes from Google stating that Samsung's devices look similar to Apple's and they urge Samsung to do something about it.

 

[Bug-Creator]

A good test is say a car. Can you cover up the branding logo/ornament on a say BMW 3 sedan nd an say an Audi 4 sedan and tell the difference from a distance, even though they are both cars and in the same class segment?

I'd say 90%+ could easily distinguish due to differing 'design' elements and schemes.

I could telly them apart, just like !I! could do for unbranded Apple & Samsung phones.

My mother on the other hand would surely fail on both cases...

Just ask yourself, how often do you see "custom" car with the badge removed coming up in the rear-view-mirror and how often do you have to change your 1st guess after it has passed you (or after you passed an unmarked car from behind).

Cars also leave much more room for design, with a touch-based phone one will ALLWAY end up more or rectangular design where most of the surface is covered by a display (wether the content on the display is a "ripoff" is something that Apple has to discuss with Google not Samsung).

 

[ivan2002]

I was a sales manager for one of the big four before the iPhone and after... So I've seen a few phones. Samsung made a huge change after the iPhone came out.

Yeah, they stole Apple's idea to steal LG's idea. The nerve!

 

[JohnDoe98]

That's not gonna go far as an argument in light of Samsung's internal documents about the F700 design, it's 2006 design registration, and frankly, their entire brief :

http://www.osnews.com/story/26230/Samsung_reveals_its_pre-iPhone_concepts_10_touchscreen_devices

Maybe Apple's lawyers should have familiarised themselves with this little nugget :

View attachment 350866

Seriously, do Apple's lawyers even read court briefs ? This is gonna be interesting.

Where are the keyboards in those graphics? And how many keyboards are on the post-iPhone models? The images from both sides are severely lacking and manipulated. I'd like to see an honest graphic showing the phones from all angles pre iPhone and post iPhone.

 

[gwelmarten]

His images are too big.

They were to start with, but he resized them.

 

[Zwhaler]

Looks like a pretty solid argument.

 

[Apple Key]

It's quite obvious Samsung copies Apple in almost everything:

Wow! I didn't know it was that bad. This is enough evidence for me.

 

[JohnDoe98]

Created? Seriously?

Honestly, some of you people should Google "LG Prada". Apple did not invent a touchscreen no-physical-keyboard smartphone, and it's a given that they will all look alike.

The LG Prada is the closest pre iPhone iphone lookalike, I'll grant you that. But Apple's "purple" design antecedes the LG Prada, and given the Prada was not a huge success, it is likelier it was the iPhone that was copied by everyone else and not the Prada design.

 

[Blackbook Pro]

It's quite obvious Samsung copies Apple in almost everything:

samsung are pathetic.it is normal in korean Copycat culture to leach of others for profit.

 

[samcraig]

I was a sales manager for one of the big four before the iPhone and after... So I've seen a few phones. Samsung made a huge change after the iPhone came out.

Don't care who you "claim" to be - but you're wrong or lying. Have a nice day.

 

[guspasho]

I notice at least one touchscreen Android phone missing from before iPhone came out.

What are you talking about? The first Android phone to come out - ever - was the G1, a year and a half after the iPhone came out.

 

[samcraig]

I swear this thread is a rerun.

Those icons look nothing alike.

And if images posted by forum members convince you Apple is right. It's really telling on how limited some are in what they read and how the process it.

 

[ivan2002]

The LG Prada is the closest pre iPhone iphone lookalike, I'll grant you that. But Apple's "purple" design antecedes the LG Prada, and given the Prada was not a huge success, it is likelier it was the iPhone that was copied by everyone else and not the Prada design.

The point is: there is no "design" here! That's simply how the phone MUST look like if it's going to have a touchscreen in place of a keyboard (without intentionally going crazy with shapes for no good reason).

 

[Anlino]

No matter the outcome, this will be very, very interesting to follow.

 

[prezasti]

That photo seems like a good example of selective evidence. Hopefully the court will delve a little deeper than one picture of a handful of models.

The photo may be an example of selective evidence, but I think the article said Apples layers had a slideshow of all their phones pre-iPhone?