4 ms·
>>Both the Samsung Galaxy S and the iPhone 3G have a rounded shiny border. That's necessary to have a working touch-based phone? Not only are you unfamiliar wi
by tooltalk 8y ago
>>Both the Samsung Galaxy S and the iPhone 3G have a rounded shiny border. That's necessary to have a working touch-based phone?
Not only are you unfamiliar with the patent laws involved in these lawsuits, but you are also now purposely conflating two different types of patent/copyrights issues -- that of design/trade dress issues and utility patent (touch). There were predecessors like the LG Prada (2007), Pidion (2006), and other phones that had the combined or separate features, indicating the mobile device designs were already converging on to what the first iPhone later revealed. The fact that the iPhone's predecessors were poorly implemented are besides the point, especially in design/trade dress where only the look and overall impression matters.
As I noted here in my earlier comment about "Apple's lawyering," the problem wasn't that there weren't prior arts to destroy Apple's claim to the original designs/trade dress; it was that Apple's lawyers tried very hard to prevent prior arts to stand in the case. Apple's homeown judge Koh eagerly obliged and allowed almost all Apple's evidence to stand while disallowing disproportionate number of Samsung's evidence and experts. In once instance, Magistrate Judge Grewal allowed Apple's motion for evidence spoliation against Samsung when it was revealed that Samsung failed to retain all dated documents required, but when Samsung asked the same to Apple just two days later, as it turned Apple also failed to retain their documents too, Grewal refused reasoning that Samsung's motion was one day after the tentative deadline. This was reversed only after a brief public uproar, but there were other examples of such odd procedural rulings that crippled Samsung's defense. Samsung likewise had counter-evidence to Apple's 130+ page doc Samsung allegedly used to copy Apple design, but wasn't allowed.
Let's not even go to the Obama administration's reversal of Samsung's win at ITC in 2013 which would have banned all iPhone importation (or forced Apple to settle the case amicably back then).