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This has come up in the past, but in regards to Samsung (allegedly) paying Verizon employees more to sell their device.

If anyone, including older relatives you cite, wants an iPhone specifically, wouldn't they go in and ask for one? Certainly they will need assistance to check out due to how buying a carrier-tied phone process works. At no point, at all, did they say "am I buying an iPhone?" If the phone itself they thought was an iPhone, then maybe when the sales rep brought the box out and it said "Samsung Galaxy S6" they didn't think "maybe this isn't the phone I thought it was?"

If all of these scenarios did not prompt them to ask if what they were buying was an iPhone, then really, did they want an iPhone? (Or is iPhone just synonymous with a certain segment of the population to mean smartphone?)

We were at the AT&T store for a billing issue, they weren't looking to upgrade at that moment. So they were just looking around while we waited 2 hours for our turn. They held the S6 and thought it was the same one they've seen on the Apple commercials on TV.
 
Smartphones, much like TVs, are going to look more similar than they are dissimilar, considering they're basically screens in a rectangular package. If there's any confusion to be had, it's purely the fault of the buyer.

they did ask "What's this phone?" when holding the Nexus instead of confusing it with a space gray iPhone.
 
Leaving patent law aside, wouldn't more distinct products be more innovative and lead to greater consumer choice? I mean if you look at a company like Lenovo, then they have their own destinct desing language that they inherented from IBM, you imediatelly recognize one of their laptops from a distance. Compare this to the handful of aluminum and chicklet MacBook look alikes out there, they apparently think it is better looking than anything they could possibly come up with themselves. I think they would do better by standing out on their own merits, and it would lead to more options. I don't know what causes this but a lack of imagination and being overly risk averse.

That's more an issue with trade dress, or tech fashion, which Apple currently acts as the trendsetter for. The sleek, silver-white minimalist look is the in thing for computers and tablets at the moment. And since minimalism is, well...minimal, there isn't much other companies can do to differentiate themselves if they want to follow along with the general trend.

I agree with you that coming up with something different could help some companies sell their product. Dell's XPS13 and, like you mentioned, the Lenovo lineup are perfect examples of that. They're among the best selling computers outside of Apple's lineup, and I'm sure part of the reason for that is that they look a good bit different from everyone else. But at the same time, I don't think it's a cardinal sin to ape some of Apple's style. Popular products have always had their imitators, and the computer industry is no different than anywhere else.
 
Your family members obviously forgot to do their annual vision checkup because S6 looks nothing like an iPhone, much less the iPhone 6.

if that, like you said, "looks nothing like an iPhone", you're delusional. I'm not saying it's identical, it's definitely similar at the very least.

q0t56rZ.jpg
 
Was it that they JUST picked up an S6? What about HTC or LG? I'm not sure you're older family member's confusion was a S6 vs 6S "issue" as much as it was that many phones these days look similar. People confused my LG G smart watch (and still do) well before the Apple Watch was launched.

they picked up the Nexus and said "What's this phone?". They didn't look at other phones at the store.
 
That's more an issue with trade dress, or tech fashion, which Apple currently acts as the trendsetter for. The sleek, silver-white minimalist look is the in thing for computers and tablets at the moment. And since minimalism is, well...minimal, there isn't much other companies can do to differentiate themselves if they want to follow along with the general trend.

I wouldn't write it off as fashion, design patents or trade dress would be intellectual property. And there's absolutely ways to make something minimal, if that is what you're shooting for, without imitation.
 
if that, like you said, "looks nothing like an iPhone", you're delusional. I'm not saying it's identical, it's definitely similar at the very least.

To be fair, Samsung does get more...er "inspiration" from Apple than they should, but they do look fairly distinct when viewed from the front and back.

If there were any real justice in the world, HTC would be the best selling Android Phone.
 
To be fair, Samsung does get more...er "inspiration" from Apple than they should, but they do look fairly distinct when viewed from the front and back.

If there were any real justice in the world, HTC would be the best selling Android Phone.

My wife now has the LG 3 - it's a pretty damn good phone.
 
I wouldn't write it off as fashion, design patents or trade dress would be intellectual property. And there's absolutely ways to make something minimal, if that is what you're shooting for, without imitation.

It's fairly rare for these companies to copy Apple almost down to the hinges. They get some obvious design cues from them, but you can usually tell a difference between an HP, which is the biggest OEM that tends towards the Apple look the most (Asus would be the close 2nd), and an actual MacBook.
 
What stifles innovation is someone creating something amazing, then patenting so many vagaries that no one else can make anything that even looks similar from a sidelong glance, let alone improve upon it, without being sued for millions of dollars.

Apple makes good stuff, but they also know how to game the patent system to their own advantage. They're not using it to protect their assets, so much as wield it as an extension of their marketing and accounting arm.

Yeah, Apple should just give all of their property to competitors so Apple has less profits and has to scale down operations leading to less creation and less innovation. Smart.
 
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Yeah, Apple should just give all of their property to competitors so Apple has less profits and has to scale down operations leading to less creation and less innovation. Smart.

Obviously there's no in-betweens. Either they patent every pixel, every edge of their products, then sue the hell out of everyone for using blue buttons, or they give it all away and go bankrupt. IT'S ALL OR NOTHING OLOL!
 
if that, like you said, "looks nothing like an iPhone", you're delusional. I'm not saying it's identical, it's definitely similar at the very least.

q0t56rZ.jpg

The bottom is similar but it stops there. The s6 is bigger than the iPhone 6 and the bezels are a lot smaller. Not only that s6 colors are very different than the iPhone 6. The home button s the very different. Even shape is different. Back of the s6 is glass whereas iPhone 6 has a metal back.

I honestly do not how someone could confuse the two phones. I've owned both iPhone 6 and galaxy s6. I really don't see how someone can confuse them unless they are just totally clueless about technology and gadgets.

0x600.jpg
 
Obviously there's no in-betweens. Either they patent every pixel, every edge of their products, then sue the hell out of everyone for using blue buttons, or they give it all away and go bankrupt. IT'S ALL OR NOTHING OLOL!

No one is saying anything of the sort. But since you used design copying example: You know how funny it is to see a notebook and think, "hey, a MacBook Air," then look at from different angle with lid logo visible and say, "oh, it's just another MacBook Air copy from [insert any other computer manufacturer name]."

We're not going to agree. Good day.
 
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Leaving patent law aside, wouldn't more distinct products be more innovative and lead to greater consumer choice? I mean if you look at a company like Lenovo, then they have their own distinct design language that they inherented from IBM, you imediatelly recognize one of their laptops from a distance. Compare this to the handful of aluminum and chicklet MacBook look alikes out there, they apparently think it is better looking than anything they could possibly come up with themselves. I think they would do better by standing out on their own merits, and it would lead to more options. I don't know what causes this but a lack of imagination and being overly risk averse.

When it comes to some things, there are only so many good designs.
 
Unbiased? The person who headed the jury had a grudge against Samsung over a patent. That's hardly unbiased.
Both sides of the argument, defense and prosecution, have an opportunity to interview prospective jurors and make an argument to have that juror removed if they sense there is any bias one way or another. This case was no different... in fact, it actually took longer than expected to select a jury due to several potential jurors being dismissed for fears of them showing possible bias.

Either way though, it doesn't matter. My argument was about how a collection of companies that are unhappy about a verdict (that was made, challenged, and still ultimately upheld) should have no legal right to invalidate Apple's ability to defend its IP. There is no legal grounds for such an action and I find it sad that, because of a matter of inconvenience, they believe blatant use of copyrighted IP should get off scot-free without consequence. I find their actions hypocritical, selfish, unprofessional and a down right slap-in-the-face to both our legal and capital systems. Those companies should be ashamed.

Again... this is my opinion, not yours. /end rant
 
The bottom is similar but it stops there. The s6 is bigger than the iPhone 6 and the bezels are a lot smaller. Not only that s6 colors are very different than the iPhone 6. The home button s the very different. Even shape is different. Back of the s6 is glass whereas iPhone 6 has a metal back.

I honestly do not how someone could confuse the two phones. I've owned both iPhone 6 and galaxy s6. I really don't see how someone can confuse them unless they are just totally clueless about technology and gadgets.

0x600.jpg

again, you don't have the mindset of a dumb non-technical customer. either way, the fact is my relatives were confused between the these two phones and not between a Nexus and an iPhone.
 
Both sides of the argument, defense and prosecution, have an opportunity to interview prospective jurors and make an argument to have that juror removed if they sense there is any bias one way or another. This case was no different... in fact, it actually took longer than expected to select a jury due to several potential jurors being dismissed for fears of them showing possible bias.

Either way though, it doesn't matter. My argument was about how a collection of companies that are unhappy about a verdict (that was made, challenged, and still ultimately upheld) should have no legal right to invalidate Apple's ability to defend its IP. There is no legal grounds for such an action and I find it sad that, because of a matter of inconvenience, they believe blatant use of copyrighted IP should get off scot-free without consequence. I find their actions hypocritical, selfish, unprofessional and a down right slap-in-the-face to both our legal and capital systems. Those companies should be ashamed.

Again... this is my opinion, not yours. /end rant

The Juror in question lied about his history during question period apparently. and when it came to rendering a verdict, he "led" the team by explaining "patent laws" and how to award Apple money. He also did not follow the judges directions on how to determine rewards
 
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