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#61 |
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Fun fact: The phone on the left wasn't deemed to infringe anything, this however was: Update 2: Another giant blow to Samsung—the following devices have been found to infringe upon Apple's "front trade dress"—meaning the way it looks: Fascinate, Galaxy S, S 4G, S 2 ATT, S2 i9100, S2 Tmobile, S 2 Epic 4G touch, Skyrocket, Showcase, Infuse 4G, Mesmerize, and Vibrant. http://gizmodo.com/5937762/samsung-v...g-big-updating |
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#62 |
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Incorrect, the Galaxy S and Galaxy S II and all their variants were. Many of the variants (which all(?) look like the one I posted and not the original Galaxy S) were deemed to pay - the one I linked is in fact one of the variants. ![]() |
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#63 |
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Engadget editor --- Post Update --- Just read the ruling again, they did find some Sansung devices that infringed on apple's trade dress design, rightly so, but the majority of infringements and fines were based on he same old' ridiculous patents like bounce back and double tap to zoom. What next ? Being awarded a slide to unlock patent ? Bah |
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#64 |
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If you applied Apple's intellectual property model to car manufacturing, there would only be one car company, because having 3 (or 2) pedals and a wheel would be a patented control interface... pressing a pedal down for acceleration would be patented... indeed, having 4 wheels and a rounded exterior-on-frame design would be exclusive as well.
Frankly, if Apple's intellectual property model were to be applied to any area of commerce, there would be nothing but monopolies in each niche, and likely would eventually only be one company controlling everything, with no competition possible, as any functions, services, and devices made or provided by that company, would have such ironclad patent protections, that it would be illegal to compete with it. |
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#65 |
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especially when at least pinch-to-zoom is proven to be used by others before Apple, and IIRC the "rubberband effect" was too.
Also, the whole thing about "trade dress" and making it look more like iphone is crap - Galaxy S line is clearly evolved from F700-design, which Apple as far as I know hasn't claimed to be "iPhone clone" - of course Samsung did go through iPhone with microscope and what not to see what was better than in their products, but that's what every single company out there does. Galaxy S isn't any closer to iPhone looks "cloning" than iPhone was to cloning LG Prada which was released long time before iPhone F700: ![]() Galaxy S: ![]() iPhone: ![]() LG Prada: ![]() Rectangle with rounded edges? LG Prada did it first, all 4 have it. Round-ended thing speaker above the screen? LG Prada did it first, all 4 have it. Capacitive touchscreen with thinner edges on the sides? LG Prada did it first, all 4 have it. Only real "difference" is the fact that Prada has physical answer/decline buttons + menu/home button instead of just 1 button in the middle, and that it doesn't have clear "bezel" like the others, but again, F700 had the bezel too, and Apple didn't complain about it. edit: And the flower-icon case is just ridicilous - sure, it's obvious Samsung got the idea to use flower on gallery-icon from Apple, but surely no-one can say or patent all flower-icons for said type application, as the icons aren't even remotely similar excluding the fact that both have flower in them. |
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#66 |
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#68 |
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#69 |
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#70 |
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If you applied Apple's intellectual property model to car manufacturing, there would only be one car company, because having 3 (or 2) pedals and a wheel would be a patented control interface... pressing a pedal down for acceleration would be patented... indeed, having 4 wheels and a rounded exterior-on-frame design would be exclusive as well. Touch screen interfaces were an innovation. How you organize things on a touch screen interface is not an innovation. Also, HTC Sense > All other UIs. |
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#71 |
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Did you read the quote or my reply? |
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#72 |
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I'm in two minds about this. It seems that the damages were punitive even though the jurors were instructed that they were merely supposed to compensate Apple and they seem to have ruled on some silly arbitrary points like is it a rectangle and just gone down the list. What they really should have been ruling on is Touchwiz and there is no doubt, and I say this as someone who has owned a couple of Galaxy devices, that Samsung deliberately designed Touchwiz 3 to look as much like iOS as possible, the way they put backgrounds on all the icons is a good example. There's no avoiding this really Samsung specifically tried to skin Android so it looked more like iOS and that is part of what has contributed to their sales growth. They wouldn't be in the position they are in the market today if they hadn't done that and neither would Android.
It's a shame really because there are some aspects of the Touchwiz that are innovative and often those features trickle into subsequent versions of Android. In this case though they took things to such an extreme that even Google had asked them to dial it back, they didn't and we are where we are because of Samsung's decisions. |
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#73 |
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#74 |
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