No, that doesn't fit the crime. It's copying a couple designs, not murder or assault. Apple's still making more money than they can spend. Don't worry, they're doing just fine.
Prison is an apt punishment for theft.
No, that doesn't fit the crime. It's copying a couple designs, not murder or assault. Apple's still making more money than they can spend. Don't worry, they're doing just fine.
So they violated design patents but not trade dress? What's the difference?
Prison is an apt punishment for theft.
Prison is an apt punishment for theft.
Prison is an apt punishment for theft.
I don't think there are any colors that aren't eligible per se. Surely though there's an argument to be made that people don't associate white boxes with Apple, and hence there is no special meaning that Apple has created for a white box. Not like Tiffany, what has created a very specific and particular meaning for their aqua-blue-whatever boxes and bags.
Samsung returned the favor by showing Apple that size matters.
The punishment should fit the wealth of the company, like it does in some countries.
So they violated design patents but not trade dress? What's the difference?
The ruling is not going to stop Apple from absolutely dominating the whole smartphone industry’s super majority of profits.
What is the purpose of a patent? If Samsung is required to pay 0.00000001% of their net worth, is that really damaging? Was it really damaging for them to infringe on Apple's patents if this was the final outcome? It's all very silly, really.
What company wouldn't infringe on patents, if this was the end result? Samsung is now a mobile phone game-changer and arguably the only challenger thus far to the iPhone's loyal user base.
All from willingly infringing on existing patents. Troubling.
"world's most poorly designed OS"? I take it you haven't actually used Android as of 5.1.
*reads rest of post*
Nope, it's obvious you have no idea what you're talking about. The S5 runs better than the S6? In what universe?
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No, the punishment should fit the CRIME. :|
The punishment should fit the wealth of the company, like it does in some countries. The important thing is that it has a material impact on Samsung.
A $1 billion fine will mean nothing, and is therefore not worth giving. A fine of $20 billion will encourage Samsung not to commit another crime, as would public flagellation.
Apples boxes don't have as many design features as coke cans
No but the white box with an image of the device covering the entirety of the top of the box seemed to be enough of a violation of the trade dress for Samsung to be found in infringement.
None of these suits are about Samsung. They were about slowing down the growth of the worlds most poor designed Mobile OS from Mountain View
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This is no longer a priority as the mentioned OS is doing fine fragmenting itself into oblivion.
You mean, the way that Apple switched their packaging to look like LG's, so the iPhone would be at the top?
View attachment 553360
Or the way that Apple uses Samsung blue for their Apple Store shirts instead of Apple colors.
View attachment 553361
Those are shape and color choices, not unique inventions.
Part of it might be that the appeals court judges know more than even the juries. For example, they have access to all the prior art evidence that Apple got banned from the trial. Such as:
View attachment 553362
View attachment 553363
Such evidence caused Apple to lose trade dress and design trials in other countries where it was allowed. (It also later helped this same group of appellate judges deny a post-trial Apple request to ban Samsung's phones.) No wonder Apple didn't want a jury to see any of it.
But more importantly in this case, it was the fact that Apple could not prove that their claimed trade dress wasn't functional.
A utility patent is for a functional method or implementation. E.g. a new way to connect an outboard motor engine to its propeller. Or a way to recognize a finger versus a cheek on a touchscreen.
A design patent is given for artistic attributes that are ornamental instead of functional. E.g. the exact shape of the outboard motor engine casing, or the exact shape of a phone bezel. Any part that's functional is NOT patentable on its own. E.g. rounded corners cannot be patented, because they also serve a function of preventing injury or making a device more pocketable.
Usually, trade dress infringement would require Apple to prove that a normal consumer, spending on average a couple of hundred dollars, was fooled into thinking that Samsung's products were made by or approved by Apple.
In this case, the judges decided that much of Apple's designs had functional elements (something that Australian judges had already done a few years ago, btw), and thus didn't even rise to the point of being trade dress at all.
Has Samsung been found to be infringing due to the packaging of the Galaxy tab box?
I know in the TV world, many different TV brands are sold in a white or brown box with a big picture of the TV on the box.
Ahuh, Android is fragmenting itself into oblivion alright:
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Yes, we must all remember that Samsung is not "one thing". Their mobile division is guilty of copying the iPhone. Their electronics division is a key ingredient behind the success of the iPhone.
I believe that these lawsuits are simply meant to keep Samsung at bay, to slow them down in the progress of their mobile devices, to put some restraints on them, and some fear in their minds that they can't do whatever the hell that they want.
At the end of the day, Apple won't benefit at all from whatever award they would receive, no matter how big it is. And Samsung won't be damaged. This is all just a game.
What's silly is that things like shapes and such are actually something that can be patented. And, sillier is that Apple and probably other companies try to patent things that make zero sense and simply hurt consumers by shutting out other players for all the wrong reasons.
Ultimately, the consumers suffer so don't go playing the poor old Apple card. Their eleventy trillion dollars in cash hidden in some offshore account makes it all better.![]()
If the situation is no so different, will you stop repeating this nonsense?Show me that chart again in 12m.![]()
Samesung can continue as a copycat as always be but Chinese will be more happy.