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I can see Apple's point that the post-iPhone Samsung phones are identical to the iPhone's design, but these lawsuits are getting ridiculous and making Apple look bad in a lot of people's eyes. I don't get why Apple is focusing on Samsung so much, pretty much every smartphone out there now is an iPhone ripoff.

The VAST majority of people have no idea that these lawsuits are even happening. The percentage of the population that spends time on tech news websites is minimal.
 
Click the link at the bottom of the article and read.

Yes, people should definitely read and understand the jury instructions. The part about trade dress (aka the look) is especially pertinent to this thread:

“Apple accuses Samsung of diluting Apple’s Registered Trade Dress No. 3,470,983. This trade dress relates to the iPhone. Apple also accuses Samsung of diluting two unregistered trade dresses relating to the iPhone. Finally, Apple claims that Samsung has diluted and infringed its unregistered trade dress relating to the iPad.

“For each of Apple’s trade dress dilution and infringement claims, the first issue you will have to decide is whether the Apple trade dress is protectable. An asserted trade dress is only protectable if the trade dress as a whole is both distinctive and non-functional.

“For Apple’s dilution claims, the next issues you will decide are whether Apple’s trade dress was famous before Samsung started selling its accused products, and whether Samsung’s accused products are likely to cause dilution of the asserted Apple trade dresses."

- Judge Koh

So, what the heck is Trade Dress #3470983 ? It's this design trademark, which of course was written to be quite specific to the iPhone:

iphone_trademark.png

"The mark consists of the configuration of a rectangular handheld mobile digital electronic device with rounded silver edges, a black face, and an array of 16 square icons with rounded edges. The top 12 icons appear on a black background, and the bottom 4 appear on a silver background.

  • The first icon depicts the letters "SMS" in green inside a white speech bubble on a green background;
  • the second icon is white with a thin red stripe at the top;
  • the third icon depicts a sunflower with yellow petals, a brown center, and a green stem in front of a blue sky;
  • the fourth icon depicts a camera lens with a black barrel and blue glass on a silver background;
  • the fifth icon depicts a tan television console with brown knobs and a gray-green screen;
  • the sixth icon depicts a white graph line on a blue background;
  • the seventh icon depicts a map with yellow and orange roads, a pin with a red head, and a red-and- blue road sign with the numeral "280" in white;
  • the eighth icon depicts an orange sun on a blue background, with the temperature in white;
  • the ninth icon depicts a white clock with black and red hands and numerals on a black background;
  • the tenth icon depicts three brown-gray circles and one orange circle on a black background with a white border, with the mathematical symbols for addition, subtraction, multiplication, and the equal sign displayed in white on the circles;
  • the eleventh icon depicts a portion of a yellow notepad with blue and red ruling, with brown binding at the top;
  • the twelfth icon depicts three silver gears over a thatched black-and-silver background;
  • the thirteenth icon depicts a white telephone receiver against a green background;
  • the fourteenth icon depicts a white envelope over a blue sky with white clouds;
  • the fifteenth icon depicts a white compass with a white- and-red needle over a blue map;
  • the sixteenth icon depicts the distinctive configuration of applicant's media player device in white over an orange background."
 
So when a touch screen phone takes the world by storm, such as the iphone did, of course everyone will implement touch screens.

Apple, how many ways do you expect a touch screen phone to look like? Apple is overreaching and it coms off to me that they think they should be the only ones able to use a pure touch phone:rolleyes:

Many Android makers have their own designs (though ugly), but only Scamsung choose to copy Apple, completely to packaging and accessories.
 
Uh ? When did this even happen ?

Because Rob Enderly pretended so ?

Eric resigned from Apple's board because he would recluse himself from meetings about iOS, the iPhone and the iPad. The problem was that these meetings became more and more prevalent.

Apple, Steve Jobs, no one ever accused Eric of anything. Only forum goers and Apple media shills do.

Well, they can't openly accuse Eric Schmidt of this because they don't have proof and therefore it's slander. However, the timeline of events fits in perfectly.

2006: Android prototype

android.JPG


Clearly here they were imitating Blackberry.

Jan. 2007: Apple unveils the iPhone

Early 2007: Eric Schmidt is given a prototype iPhone to use and it is not to be used by anyone else

Feb. 25: Valleywag posts an article about how Schmidt's mistrss was bloggin about using an iPhone

http://gizmodo.com/5479684/google-c...rototype-iphones-and-steve-stoned-jesuit-jobs

Nov 2007: Google demoes a touchscreen Android device and it is ROUGH. The scrolling isn't fluid and multitouch performance is lousy. It looks like it was cobbled together in a couple of months

http://www.youtube.com/watch?v=1FJHYqE0RDg

Now, the original ANdroid prototype was never released. I find it hard to believe that Google was working on this without:

1. Telling the world because they don't have a problem showing off Google Glasses two years before it was to be released

2. When Google wasn't working on touchscreen technology and neither was the Android team that Google bought which originally created the sidekick.

3. That Google would base their OS off of native applications, which the can't access, especially when they were always about the web.
 
Apple didn't innovative. The technology was already there but they packaged and presented the best. Most do not know LG was the first to release a touch screen.

These law suits have nothing to with protecting ideas and designs. It has everything to do with apple losing money to Samsung. I don't know anyone who confuses an iPhone with a Samsung phone .
 
What about the fact that it was Apple that invited him in the first place? What about the fact that he would recluse himself from meetings where his position at Google placed him in a conflict of interest?

Why ignore some of the facts that don't support the theory? Why must Eric Schmidt be some evil guy?
Didn't Apple invite hime before they stared their multi-faceted competition (mobile OS, desktop OS, Web documents, and now even ads and mapping)? And didn't Eric choose to leave once his company entered in earnest many of the areas Apple was already a major force in?

Besides, he could have attended the early iPhone meetings before Google really started working on Android, because in the early stages of iPhone development, no Android phones had been released, so it wasn't a conflict of interest at that point in time.
 
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I could list a 100 things that look similar in almost every industry.
They never go lawsuit happy on each other.
The photos that are shown are examples of phone evolution.
Look at landline phones. They all evolved over time to look similar, same with cars, washing machines, refridgerators, ovens, ranges, TV's, Computers, etc, etc....

Apple needs to focus on innovation and stop these dumb lawsuits.
If you spent half the time you spent on these lawsuits on improving on the iPhone, you would not have to worry about the competition.
 
The silver samsung phone is the I700 and was announced in 2003 so it was not a 2006 phone and phones did evolve very quickly as the consumer focus shifted more towards a desire for touch screen phones. This is something PPC had before an iPhone was ever conceived.
 
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).

But I think that's the point being made by Apple, whether we agree with it or not. No one, except for perhaps LG, had designed models illustrating a touchscreen device with no keyboard prior to the iPhone. Now the reply comes "but that's where devices were going", and in retrospect that's easy to claim, but if that's really where things were going then you'd think there would be more evidence of designs indicating this is where things were going. I remember vividly everyone thinking the iPhone would be a huge failure precisely because it had no keyboard, so it wasn't at all obvious at the time that a touchscreen phone without a keyboard was the direction of where things were headed. And the LG Prada, which was the only other model without a keyboard, was a failure. Good thing the industry didn't rely on LG on that one. I'd hate to appeal to Balmer in any context, but he tends to represent the "party lines" of the industry and you will surely recall his remarks in this context.
 
counter point is Samsung was really only making WinMobile smart phones before hand and that OS just was not really designed for a good touch interface.

But just by coincidence, following the introduction of iPhone, touch support on the Android platform got increasingly better.

It's worth a sell. Not sure I buy it though.
 
I can see Apple's point that the post-iPhone Samsung phones are identical to the iPhone's design, but these lawsuits are getting ridiculous and making Apple look bad in a lot of people's eyes.

Most people don't really know, nor do they care about any of this.
 
It's a simple case really, did Samsung copy Apple ? YES.

HOWEVER

Apple changed the game so much their basic design became the fundamental footprint for all smart phones from that point onwards.

I have no issued with the external design Samsung have copied my issues are with Apples IP in the SW. things like pinch to zoom, universal search ect, These should be heavly defended. If a company comes up with a feature like this they must be defended. These are the areas that give them an edge and competition.
 
Yes, people should definitely read and understand the jury instructions. The part about trade dress (aka the look) is especially pertinent to this thread:



So, what the heck is Trade Dress #3470983 ? It's this design trademark, which of course was written to be quite specific to the iPhone:

View attachment 350881

Based on the first line of "The mark consists of the configuration of a rectangular handheld mobile digital electronic device with rounded silver edges, a black face, and an array of 16 square icons with rounded edges." I have to ask how can a company register a rectangular handheld mobile digital device when in fact every phone prior to the iPhone was a rectangular handheld mobile digital electronic device and in some cases had silver as the primary color which would mean the edges were silver.

I guess what I am asking is (and I know what the response will be) Samsung's success based on the perceived similarity or the actual product they are delivering, ANDROID.

When I see (and have used) a Samsung device I am not seeing an iOS device, when I had a Xoom I didn't compare it to my iPad.

It seems ridiculous.
 
But doesn't Windows have a universal search, and most desktop and mobile OS's have some sort of universal search? I believe they do.
 
really? these images again? They've pretty much all been debunked. But I guess some won't let it go.

What the hell are you talking about? Debunked? Other than the image with the app store and safari logo, all of those images are legit. How can they be debunked when they're real?

Am I taking crazy pills here? How about you debunk them for me, so, I can see your logic.
 
Samsung did exactly what Apple did. Took a design and made it better. Galaxy SIII is an incredible piece of hardware.
 
I have zero respect for the corrupt company Samsung is and hope Apple wins.

And by that you are saying Apple is incorruptible, squeaky clean and has nothing to hide in its closet in terms of patent abuse, use without compensation and outright stealing of technology knowing that a smaller company does not have $100 Billion plus in cash reserves to fight them. If so then sure your right.
 
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.

You never cease to spread non-sense around here. People love you here! :rolleyes:

After the iPhone, the phones cited in the picture are one of those failures that no even talks about. You need not list those traditional phones as Samsung didn't just change their design overnight. They continued to release those phones and still do in different markets. The real picture is what Apple showed which brought in contrast the scenario in context.

But as usual, you will spread out ******** and try to convince people that Apple is wrong.

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

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You know, people will see that and not even give a ****. They won't find any similarities in this.

Its such blatant copying. Forgetting the SD card reader and others for a minute, look at MacMini copy, iPod Touch copy and the way they are advertised. Samsung themselves put that photoshopped iPod Touch copy device with Google Maps (as on iOS).

It is hilarious that some folks still defend them. Will wait for people like KnightWRX, bushido and Kdarling to counter this photo with a single comment about standard interfaces and bla bla...
 
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.

Image

What are you trying to show? He has multiple mac devices, and for all you know, he's just being sarcastic. Troll or not, everything he's saying is correct. I am appalled that he doesn't list any song recommendations.
 
This argument could easily get absurd. Yes, mobile phones evolved after Apple introduced the iPhone. So did computing devices after the advent of personal computers. I can just imagine similar slides prepared by IBM showing HP infringement
 

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