Apple Asks For $707M More in Damages from Samsung
Samsung is winning everywhere else...
thenewempire said:
Samsung did nothing wrong. This is all about an american jury siding with an american company. The case has been lost by Apple in 4 other countries. The day a company can win a case over things like rectangles with rounded corners is the day innovation stops.
Basically. Samsung will recover the billion they own Apple through other suits anyway. Pocket change. Apple is pure scum. Rotten to the core. But I just don't blame Apple either. It's the patent system that needs an overhaul so companies like Apple can no longer abuse the system.
No, Samsung copied Apple's trade dress, design elements.... and UI conventions.... and iconography, all of which Apple had trademarked or patented.
Americans aren't Koreans- there's no dominating nationalistic pride for a brand above all else to overlook corruption (much like there actually is for Samsung back in their home turf.)
There is no written description in the actual patents, just some basic drawings of the design. The "rectangle with rounded corners" line that everyone is using is actually from Apple's court filings, that's how they described the design of the iPhone and iPad.
Because the design is a rather utiltarian one for a handheld touch devise, to find design infringement for something like this the infringing phone would need to be nearly exact.
Velvin Hogan f'ed this whole thing up by convincing the jury that prior art rules include some "interchangability" requirement that they don't.
I'm sure Apple went "huh?" when the verdict was read. This is their first win after six consecutive losses.
A judge in England made them post a disclaimer on the UK version of their website stating that "Samsung did not copy iPad." Who says the English don't have a good sense of humor?
This is something we've seen a zillion times in tech.....everyone remember writing in BASIC? Here's what the pattern looks like...
10 A new company comes along with a radical new product
20 Said product gradually finds an audience and becomes very popular
30 Competitors struggle to keep up and new company keeps pushing ahead with new innovations
35 New company is now industry leader
40 New company reaches creative peak
50 Pace of innovation starts to slow down
60 Competitors start to catch up
70 New company starts getting worried and begins filing lawsuits and using other underhanded to maintain market dominance, no longe...
(continues)
Also , if you are someone making an argument for Samsung you could use the same argument that bluecoyote uses for Apple. Koreans aren't Americans - There's no dominating nationalistic pride for brand above all else to overlook corruption.
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