Samsung's Lawyers Demand to See iPhone 5 and iPad 3

[gnasher729]

One question, if only 'external lawyers' are allowed to the the prototypes of 'the other' company - how the hell do those lawyers decide what was copied or not - I would assume those have not the technical background and company internal information to make an educated decision, I mean, a more technical person with internal knowledge from each company would be required for that - but that person would no longer be allowed to work on the new version ....

It doesn't matter whether something is copied or not. What matters is that Apple has design patents, which should clearly describe what is protected and what is not, and these lawyers just compare what the design patents say with the products that Samsung produces. There is no need for any internal knowledge of the company.

Sorry, Apple cannot tell a judge to pound sand.

Of course not. But Apple can tell the judge exactly why Samsung's request has no justification whatsoever, and when they convinced the judge, the judge will tell Samsung to pound sand.

 

[alghawas]

I simply could not stop laughing.

Samsung, you are being ridiculous. That defeats the whole purpose.

 

[boss.king]

Finally, if they would have spent all the time, money and energy in discovering a safer means of using Mobile phones instead of the deadly ones we all have in our pockets, the world would be a nicer and safer place...

I agreed with you until this, and then I got lost. Was the deadliness a metaphor?

 

[sameday]

Samsung needs to focus on making better smartphones and not try to steal Apple's intellectual properties.

 

[PlipPlop]

Samsung needs to focus on making better smartphones and not try to steal Apple's intellectual properties.

Samsung make many phones which are a lot better than the iphone. The Galaxy 2 is a much better phone. Apple need to focus on making ios better because its really outdated and rubbish.

 

[barberio]

So, Apple is going to say to judge (under oath) that they do not have a prototype of iPhone 5 yet, right? They are not stupid. They may try to refuse on some other ground but not by lying.

They have prototypes of test devices that may or may not be going to market at some time in the future. But it has *always* been Apple's policy to deny that any prototype produced by them is a specific market product. So they're on pretty firm ground there.

 

[AdrianK]

Pretty compelling imo.

EDIT: Should be "iPhone OS" >.<

 

[kiljoy616]

Wait, wait a minute now. So Apple may actually have an ipad 3 but with what sort of screen. So does this mean they will not be using Samsung's OLED or is Samsung lawyers asking for something that is just on the drawing board.

 

[kiljoy616]

It doesn't matter whether something is copied or not. What matters is that Apple has design patents, which should clearly describe what is protected and what is not, and these lawyers just compare what the design patents say with the products that Samsung produces. There is no need for any internal knowledge of the company.



Of course not. But Apple can tell the judge exactly why Samsung's request has no justification whatsoever, and when they convinced the judge, the judge will tell Samsung to pound sand.

Or samsung lawyers will show the judge that there is reverent to show difference in products and Apple will have to comply and shove a nice big corn on the cob deep and do it.

 

[kiljoy616]

This is why Apple is suing Samsung...

Samsung even used a sunflower for their Gallery icon.

And why use a flower anyway? Samsung didn't even attempt to look for a better icon for Gallery... they just went ahead and used a sunflower like Apple. That's about as lazy as you can get!

So... tell me again why Apple whould show the iPhone 5 and iPad 3 to Samsung?

Are you for real those two things are so different its not even funny. You are seen what you want to see fangirl.

 

[Michael Scrip]

Are you for real those two things are so different its not even funny. You are seen what you want to see fangirl.

How about this? Am I making it up?

 

[barberio]

What are you talking about? How would it possibly be feasible to develop several entire handsets and marketing campaigns, only to abandon all but one the day before it is announced? They may use several different prototypes in the process of development but they do not pick one "a day prior to launch", they would settle on a final design, and then refine it further, ignoring the others.

Er... Have you been following Apple's history at all?

They don't announce a new product till they have a working production model. Ever. Unlike other computer firms, they do not announce prototypes as marketable devices. They don't set artificial product release dates, they don't push out a product just because it's the next big show.

Apple can, and have, decided that a product isn't ready yet, and sent it back to the kitchen. They don't ever announce a product just because they've been working on it. They have lots of alternative product prototypes and marketing campaigns, that never see the light of day.

 

[KnightWRX]

Well, I have seen and played with a GSII and personally I'm not impressed. Sure, the tech numbers are better than the iPhone (4) but it's performance is still pretty poor, it's nowhere near as smooth or stable as iOS.

One of my friends got the Samsung Captivate (Galaxy S, not the II) and I got to play with it a bit last night at supper.

The AMOLED screen is amazing compared to my 3GS. The animations were fluid and the touch screen responded really well to touches. I really don't see how people can call Android choppy. It sure wasn't on the Galaxy S.

One thing that disgusts me is the blatant resemblance TouchWiz has to iOS. you'd need to be near enough blind if you can't see how alike they are. If Apple loose out on hardware, fair enough; but Samsung are pretty skrewed when it comes down to the software.

The homescreens are nothing alike. There is no "grid of icons" on the Samsung at all, just a bunch of widgets and shortcut icons. To get the grid, you have to pull up the App Drawer, which seriously feels nothing like the iPhone's homescreen in the real.

Basically, all these posts now tell me even more that people have never touched an Android device when they go saying it's inferior to iPhone. It's pretty much on par if not better (of course the Galaxy S is a much newer model than my 3GS, so I don't fault the 3GS' hardware for not being up to par).

On a side note, the reason why the GSII is outperforming the iPhone 4 is probably because teen kids are asking mummy and daddy for a new phone that's better than the 'old' phone they got at Christmas. Why do they go for the Samsung: its cheaper. I'll bet that 90% of those kids want an iPhone 4.

The Samsung Galaxy S is sold for 199$ on contract. How is it cheaper than a 199$ iPhone 4 ? The fact that you get more hardware for the same price now means the phone is cheaper ? I thought it meant the manufacturer just didn't plainly pocket profits at the expense of its customers.

 

[BLACKFRIDAY]

Are you for real those two things are so different its not even funny. You are seen what you want to see fangirl.

Are they different?

YES

Are they very very similar?

YES

One must be blind to not find any apparent similarities in that reference.

 

[jonnysods]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Mobile/8J2)

This is a pretty funny move.

Doesn't make any sense but I like that it matches Apples arrogance and intensity.

 

[barberio]

The Samsung Galaxy S is sold for 199$ on contract. How is it cheaper than a 199$ iPhone 4 ? The fact that you get more hardware for the same price now means the phone is cheaper ? I thought it meant the manufacturer just didn't plainly pocket profits at the expense of its customers.

Hold on, you're confusing me... Are you saying a similar storage size model iPhone would be more expensive? So, the Samsung is cheaper then?

Ah... The good old practice of pricing to the lowest price apple product, then saying the 'spec is better', regardless of build quality or how it all works together. It never gets old.

 

[BLACKFRIDAY]

Hold on, you're confusing me... Are you saying a similar storage size model iPhone would be more expensive? So, the Samsung is cheaper then?

Ah... The good old practice of pricing to the lowest price apple product, then saying the 'spec is better', regardless of build quality or how it all works together. It never gets old.

You are lucky, you got through the post.

I am still wondering, how people get 'more hardware' when they buy a non-apple product.

 

[iStudentUK]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3 like Mac OS X; en-gb) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8F190 Safari/6533.18.5)

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Mobile/8J2)

This is a pretty funny move.

Doesn't make any sense but I like that it matches Apples arrogance and intensity.

I bet it makes sense to lawyers working in the field. Lawyers play games like this, it's part of the job. They will know more about the situation than any of us do and there will have been a long discussion in a meeting room somewhere at Samaung's lawyers offices when the decided to make this move- it will make sense to them!

 

[KnightWRX]

Hold on, you're confusing me... Are you saying a similar storage size model iPhone would be more expensive? So, the Samsung is cheaper then?

Ah... The good old practice of pricing to the lowest price apple product, then saying the 'spec is better', regardless of build quality or how it all works together. It never gets old.

Samsung's phones have decent build quality and it all works together just fine. If you ever used one, you'd know. My 3GS has had more problems than any of my Sony Ericsson or Nokia phones. Incidentally, my 3GS is the first time I had to have a phone replaced under warranty. Apple is not the top end of build quality for phones, far from it.

And the iPhone 4 has basically kept its pricing since June of last year. It's no wonder than current phones, while using the 199$ sweet spot all have better specs, the iPhone is close to a year old! No other manufacturer keep the price so high during the lifetime of their devices. The guy claimed the phone was cheaper. It's not. Way to move the goalposts there when one argument fails.

 

[ChrisTX]

Now I don't entirely agree that the Sensation and GSII is superior to the iPhone 4 in all respect, the iPhone 4 is certainly not 10 years ahead of both of these phones.

Fair enough, but it's very safe to assume that had it not been for the original iPhone in 2007 all current smartphones would look like BlackBerries. On that note would it not be a fair assesment to make that all current Android smartphones are copying the iPhone in both form and function in many aspects?

 

[swagi]

One of my friends got the Samsung Captivate (Galaxy S, not the II) and I got to play with it a bit last night at supper.

The AMOLED screen is amazing compared to my 3GS. The animations were fluid and the touch screen responded really well to touches. I really don't see how people can call Android choppy. It sure wasn't on the Galaxy S.



The homescreens are nothing alike. There is no "grid of icons" on the Samsung at all, just a bunch of widgets and shortcut icons. To get the grid, you have to pull up the App Drawer, which seriously feels nothing like the iPhone's homescreen in the real.

Basically, all these posts now tell me even more that people have never touched an Android device when they go saying it's inferior to iPhone. It's pretty much on par if not better (of course the Galaxy S is a much newer model than my 3GS, so I don't fault the 3GS' hardware for not being up to par).



The Samsung Galaxy S is sold for 199$ on contract. How is it cheaper than a 199$ iPhone 4 ? The fact that you get more hardware for the same price now means the phone is cheaper ? I thought it meant the manufacturer just didn't plainly pocket profits at the expense of its customers.

QFT

And now I'm waiting for the first idiot to post that the Facebook icon is completely identical on Android. WTF. A green phone button?!?

Some of you fanboys really have to get a clue. Look at the screens of ANY (!!!) Android phone and now tell me why Samsung is oh so similar, while LG, HTC and the others are so different. You just fall for every propaganda lie the Apple press department offers you. Fact is, that my Samsung Galaxy 3 uses an enveloped letter for SMS. Fact is the home screen is working completely different on Android devices (wake me up when widgets finally hit the iOS home screen). And considering that Push-notification screenshot...

...fact is that notifications are shown in the top bar and are accessed via the top drawer!

So enjoy your last years tech in the walled garden while the educated laugh at your fashion statement iPhone (now in *shiny* and *magical* white) - and still have to decide whether to use nowadays standard tech on Android or wait for Mango.

Just fyi: This is the actual promo shot of the Galaxy S2 - the phone Apple doesn't want you to see.

 

[ob81]

This is actually pretty smart. Apple hides info on products, and then they start a lawsuit about copying. Ok, I don't want to copy you, let me see your unannounced products so I won't. Simple but genius, and remember, these guys are defending themselves.

We all want to be on Apple's side, but in defense of Samsung, I wouldn't let someone run all over my company either.

 

[KnightWRX]

Fair enough, but it's very safe to assume that had it not been for the original iPhone in 2007 all current smartphones would look like BlackBerries. On that note would it not be a fair assesment to make that all current Android smartphones are copying the iPhone in both form and function in many aspects?

What are you on about ? Sony Ericsson made smartphones like this one :

Does that even look like a Blackberry to you ? Do you know when this phone was released ?

On that note, would it not be a fair assessment to say anyone who thinks Apple changed anything in the smartphone world is blind to what the smartphone world was before Apple (hint, not much has changed at all) ?

 

[Azathoth]

This is why Apple is suing Samsung...

Samsung even used a sunflower for their Gallery icon.

And why use a flower anyway? Samsung didn't even attempt to look for a better icon for Gallery... they just went ahead and used a sunflower like Apple. That's about as lazy as you can get!

So... tell me again why Apple whould show the iPhone 5 and iPad 3 to Samsung?

Icons tend to be fairly standardised. As are colours. A green telephone receiver as an icon to make a call has been used for more than a decade, long before smartphones. So is the use of a spanner or gears for accessing settings.

Regarding number of columns - smartphones have approx. the same screen size. At a normal viewing distance the icon size is a given, therefore 4 columns is the only reasonable choice for 3.5-4.3 inch screens. Smaller devices (e.g. pre-touch screen) typically have only 3x3 icon grids.


Look at your desktop - a floppy disk:"save", an open folder: "open file". In this case I would argue it's very much in the public interest that such icons are allowed, because it allows users to use devices seemlessly - look at the controls on a CD / Tape player see how they all use the same symbols for Play, Skip, Eject etc - Now imagine if everyone had to invent their own icons...

Copyright already protects the icon image itself. Patents should have nothing to do with this.

 

[Azathoth]

Fair enough, but it's very safe to assume that had it not been for the original iPhone in 2007 all current smartphones would look like BlackBerries. On that note would it not be a fair assesment to make that all current Android smartphones are copying the iPhone in both form and function in many aspects?

Nope, my 2007 era nokia smartphone (non-touch screen) was able to run torrents in the background, play internet streaming music. All without looking like a blackberry.

To be fair the phone was slow, but usable and in many ways more capable than the iPhone.