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Samsung, Apple Jury Ignored Prior Art
Rushed to Ruling, Surprising Even Apple's Attorney
by Karl Bode 08:42AM Tuesday Aug 28 2012
Samsung has come out on the losing end of their patent battle against Apple, a jury awarding Apple a $1 billion settlement after Apple insisted that a lot of features used by Samsung (like rounded edges) are proprietary Apple innovations. Interestingly, Techdirt notes the jury ignored prior art in their deliberations, meaning they ignored the rather important fact that the entire device ecosystem is based on imitation and recycling, and that Apple had copied others to design the iPhone. The short of it is the jury rushed to verdict and issued the award without actually finding infringement, something that should help Samsung on appeal. Meanwhile, Apple's busy targeting eight devices they'd like to see banned in the United States after the win.

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Proud American and Infidel since 1968.

4 recommendations

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Re: Who copied who?

Who's device looked like who's?


Carlisle, PA

2 recommendations

Go Apple!

I'll say it again: GO APPLE!

What Apple got was a patent on the specific design of the iPhone. Rectangular phone, small oval for the speaker, 1 visible button on the front. They didn't get a patent on a rectangular phone or any other nonsense that is spewed on the Internet. Samsung's early phones do look strikingly like this design. Other phones do not. My Droid X didn't, the HTC phones don't, etc.

It's the same thing that I can't sell a pair of shoes that look just like a Nike Air Max 2012 with a check instead of a swoosh, called Noke and get away with it. The design is patented.

They also got a patent for designs and methods of doing things. Before the iPhone there was no pinch to zoom (one of the things they got a patent for). I know as I had a Treo 650. There are also patents for the bounce when you hit the top and a few others that were not present prior to the iPhone.

And when you have Samsung blatantly using 99% similar icons to the iPhone when everyone else uses different ones (my DX had way different icons) you have a case for copying.

Perhaps the most damning is Google warning Samsung that they were copying Apple. That's pretty damning right there.

In the end it's good for consumers as companies will have to actually invent new things rather than depend on someone to come up with it and then blatantly rip them off.