The tweet of the week by Dan Frakes:
When the iPhone debuted, it was widely criticized for having no buttons/keys. Now people think the iPhones design is obvious.
Thank you, Dan! You sum it nicely!
Mark
Great tweet. And so true. It's so funny how some people suggest that almost everything Apple did was obvious. Hindsight is always 20/20.
Both the 25 hour presentation limit, and all the blocked evidence, worked towards Apple's advantage.
Apple was able to show their cherry-picked before and after chart... yet due to legal timing technicalities, Judge Koh prevented Samsung from showing their 2006 UI concept designs:
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Samsung was also blocked from talking about their phone designs, including the F700 model, whose December 2006 design registration came before the iPhone's:
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I believe that Apple also successfully blocked the 2005 Pidion smartphone as prior art, which had a lot of design cues similar to the five year later iPhone 4:
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It's interesting that, after being allowed to see prior art such as the Fidler tablet concept, the jury decided that the Tab didn't infringe on the iPad. We can only wonder if they might've had a different idea on the iPhone infringements if they had been allowed to see such blocked evidence as that shown above... evidence that not so coincidentally has helped Samsung win outside of the USA when allowed.
I guess some companies have time machines in order to get this "hindsight" ahead of Apple uh ?
That is interesting, its one of the main reasons I think this appeal will be upheld and the verdict thrown out.
The judge treated Samsung unfairly, by blocking several examples of prior art, including phones made by samsung.
So the judge is saying " the jury can't see phones that samsung produced before the iPhone, and they're not allowed to see phones very similar to the iPhone that came before the iPhone, so any evidence you have of a touch s creen based phone before the iPhone, is not allowed "
Not personally, I do think the judge was biased, and treated samsung unfairly.
Also, reading a 100 page insurtciotn book and going through 700 questions in 3 days? Smells like **** to me.
Now, I don't care either way, I'll buy the best phone for the job.
Its not my fault Apple has failed to make a Phone as good as the Galaxy S3, or make an OS as good as Jelly Bean.
Its not my fault Apple has failed to produce a phone as good as flagship android phones. Why am I, as a consumer, being assulted because apple fails to update their software/hardware?
It has more to do with Samsung straight copying what apple was doing then prior art. You would have to be blind to not notice Samsung was coping iPhone.. Christ people c'mon.
In patent law, prior art and patent validity have as much or more to do with it than patent infringement, which is not straight copying (you can infringe patents without straight copying).
In fact, "straight copying" has nothing to do with patent infringement at all.
Obviously, you need to read up a bit on how patents work.
That's not what the jury sees when they look at pictures of samsung icons looking just about exactly the same.. You need to use common sense ..
The tweet of the week by Dan Frakes:
When the iPhone debuted, it was widely criticized for having no buttons/keys. Now people think the iPhone’s design is “obvious.”
Thank you, Dan! You sum it nicely!
Mark
And who could ever forget these words by Forbes 2012 Worst CEO.
"[The iPhone] doesn't appeal to business customers because it doesn't have a keyboard. Which makes it not a very good email machine." (Steve Ballmer - January 2007)
He did have a point, I can type WAY faster on a phone with a real keyboard than anyone on a touch screen keyboard can.
The kicker is those memos are pretty standard SOP in the software industry or hell in a lot of industies in general with design.But where there any corporate memos within the makers of Excedrin PM (or the homegrown anti-freeze company) that discussed how easy it would be to copy Tylenol PM's packaging (or Prestone's bottle design)? And did those copycats get a memo from Google warning them that their products looked a little bit too much like another company's product? No, probably not.
It was the specific evidence, witness testimony, and FACTS that lead the Apple v Samsung jurors to their decision, NOT some generalized half-baked pain medication and anti-freeze stories.
Mark
Interesting to see what the stock does today based on the ruling, it's at 663.22
And who could ever forget these words by Forbes 2012 Worst CEO.
"[The iPhone] doesn't appeal to business customers because it doesn't have a keyboard. Which makes it not a very good email machine." (Steve Ballmer - January 2007)
And who could ever forget these words by Forbes 2012 Worst CEO.
"[The iPhone] doesn't appeal to business customers because it doesn't have a keyboard. Which makes it not a very good email machine." (Steve Ballmer - January 2007)
The kicker is those memos are pretty standard SOP in the software industry or hell in a lot of industies in general with design.
Verdict: iOS is better than Android.
Icons are not patented.
And there were no verdicts or questions in the jury form relating to claims 44 to 54 of Apple's complaint, which were related to the icon trademark registrations. I'm still looking through the court proceedings to see what happened to those claims.
So again, you need to read up and educate yourself about patents, Apple's alleged infringement and their own patented designs and technologies, the ones Samsung were found in infringement of and what the criteria for infringement are.
Straight copying a patent only gives you a piece of paper with a patent written on it. Patents are not implementations. It helps to actually understand these things before commenting, makes it seem like you're not wasting everyone else's time with uneducated comments about things you don't understand.
To me (and mind you...I am NOT trolling here!), the iPhone is a phone built with kids in mind (22 and under) and adults who have no idea what a functional smartphone should act like....and, last, but definitely not least...it's a phone that, more often than not, is bought as a prestige item.
Game is FAR from over.Give it up, bro. The court ruled, game over for Samsung.![]()
Game is FAR from over.
By their own admission, there is already evidence of jury misconduct.
Ignoring judicial instructions is sufficient grounds for an appeal and the possibility of having the entire verdict tossed.