Apple v. Samsung case goes back to where it all began

[Guest Kloaked]

SAUCY SAUCY

 

 

It's no secret that Apple and Samsung have been at each other's throats with seemingly frivolous patent lawsuits. Now, one that has aged five years that still isn't 100% settled is being sent back to "the Northern District Court of California".

 

Quote

 

After five years going through the legal system — and reaching the highest powers of the US late last year — a federal appeals court has handed the trial back to the lower San Jose court for it to decide whether additional proceedings are necessary.

The case concerns Samsung’s patent infringement on Apple’s iPhone designs and how much it should pay in damages for the offence. Apple claims Samsung copied physical aspects of its phones – like rounded corners, and software features – such as representing apps as a grid of icons. The trial has been ongoing since 2012, during which time Samsung has agreed to pay more than half a billion dollars to Apple.

 

 

No device ever had rounded corners and a grid of icons....

 

 

 

 

Apple, Samsung...

 

[Bouzoo]

Practically, Nokia could sue the hell out of both. 

[Techstorm970]

14 minutes ago, Kloaked said:

 

 

No device ever had rounded corners and a grid of icons....

 

 

[potoooooooo]

32 minutes ago, Kloaked said:

 

MFW  kloaked posts a news item with a gif at the end

[Guest Kloaked]

3 minutes ago, potoooooooo said:

MFW  kloaked posts a news item with a gif at the end

 

[Djole123]

This is the controversial design in question:

 

It kinda does resemble the iOS 3 style, tho it had more features and aged like milk.

[Qwweb]

41 minutes ago, Kloaked said:

Apple claims Samsung copied physical aspects of its phones – like rounded corners, and software features – such as representing apps as a grid of icons.

Uh, that does not fall in the category of...

Quote

"New, useful and non-obvious invention" - US Patent Office requirements for a patent

I am frankly surprised that Samsung's lawyers did not file a motion for a FRCP Rule 11 (b) dismissal...

Quote

"(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

      (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

      (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

      (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

      (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information."

 

-Federal Rules of Civil Procedure via Cornell Law

 

[tlink]

bullshit, they didn't completely copy the physical aspects and replace the logo. yea there are similarity's but its a fucking phone, of course there are going to be a lot of similarity's. i don't understand how apple could get a patent on some stuff like grid patterns and rounded corners anyways.

[Guest Kloaked]

6 minutes ago, Djole123 said:

This is the controversial design in question:

 

 

It kinda does resemble the iOS 3 style, tho it had more features and aged like milk.

Looks just like modern TouchWiz tbh

[JoseGuya]

4 minutes ago, tlink said:

bullshit, they didn't completely copy the physical aspects and replace the logo. yea there are similarity's but its a fucking phone, of course there are going to be a lot of similarity's. i don't understand how apple could get a patent on some stuff like grid patterns and rounded corners anyways.

There's your tax at work 

[Sakkura]

10 minutes ago, Qwweb said:

Uh, that does not fall in the category of...

I am frankly surprised that Samsung's lawyers did not file a motion for a FRCP Rule 11 (b) dismissal...

 

It's a design patent, which has different requirements from a utility patent.

[Tieox]

Can you just imagine having dinner with the people involved in this case? 

[Sakkura]

11 minutes ago, tlink said:

bullshit, they didn't completely copy the physical aspects and replace the logo. yea there are similarity's but its a fucking phone, of course there are going to be a lot of similarity's. i don't understand how apple could get a patent on some stuff like grid patterns and rounded corners anyways.

It's a design patent rather than a utility patent, worth bearing in mind. Also, the front and bezel were all the patent covered, and the phones really are virtually identical there. The back is different, but that didn't get Samsung off the hook because Apple hadn't made the back part of the patent. So Samsung was infringing on all the elements of the patent.

 

I think it's bullshit that you can patent just a part of the design that way, but by the letter of the law I think the verdict was correct.

[Djole123]

10 minutes ago, Kloaked said:

Looks just like modern TouchWiz tbh

Does that look similar to this?

 

I don't quite think so...

[Curious Pineapple]

Maybe Samsung should start to manufacture phones with laser cut razor blades for edges, and an interface where every page is one application, and you need to swipe through them all to get to what you want.

 

For the record, My Jornada 680 has an interface with icons laid out in a grid, and I believe the same OS was used on phones that may or may not have had rounded edges

[Guest Kloaked]

3 minutes ago, Kierax said:

Can you just imagine having dinner with the people involved in this case? 

I'd be eating good

[Guest Kloaked]

Just now, Djole123 said:

Does that look similar to this?

 

 

I don't quite think so...

 

18 minutes ago, Djole123 said:

This is the controversial design in question:

 

Yeah pretty much. They both look like an Android version of iOS.

[Djole123]

3 minutes ago, Kloaked said:

 

Yeah pretty much. They both look like an Android version of iOS.

I really dunno...

 

Actually Apple has lately been stealing features from either Android or jailbreak tweaks, so idk...

[mynameisjuan]

4 minutes ago, Kloaked said:

 

Yeah pretty much. They both look like an Android version of iOS.

It almost like squares in a grid pattern are the best way to fit as much information in a screen as possible....

 

I am sure android would been the giant it is now with a circular phones and triangle icons in a random pattern.../s

[Qwweb]

2 minutes ago, Sakkura said:

It's a design patent rather than a utility patent

Design patents are extremely sketchy in most cases, as for Apple in this case. Apple needs to prove beyond a reasonable doubt that Samsung willfully copied Apple's exact design, bear in mind I mean exact in a literal sense. The lawsuit for the menu icons is also interesting as to prove that Samsung (once again) willfully copied Apple's software you would need to go through the full code and determine if the code was copied. Otherwise this would be akin to Apple patenting the idea of a square tessellation which is neither an invention nor innovation and thus not subject to protection under a US Patent.

1 minute ago, Djole123 said:

Actually Apple has lately been stealing features from either Android or jailbreak tweaks, so idk...

 Also don't forget the time when Apple literally stole the architecture for their microprocessors (used in all 5th and 6th generation Apple products) from the University of Wisconsin...

http://appleinsider.com/articles/15/10/16/wisconsin-court-orders-apple-to-pay-234m-for-warf-patent-infringement

[Djole123]

9 minutes ago, Qwweb said:

 Also don't forget the time when Apple literally stole the architecture for their microprocessors (used in all 5th and 6th generation Apple products) from the University of Wisconsin...

http://appleinsider.com/articles/15/10/16/wisconsin-court-orders-apple-to-pay-234m-for-warf-patent-infringement

Ah yes, saw that once and was pretty suprised that a 500 billion dollar company was stealing processor designs...

[Guest Kloaked]

11 minutes ago, mynameisjuan said:

It almost like squares in a grid pattern are the best way to fit as much information in a screen as possible....

 

I am sure android would been the giant it is now with a circular phones and triangle icons in a random pattern.../s

Hold your horses there, buddy. Android is vastly different from iOS. So original. Google/Android didn't get the idea for their UI from anyone else.

[suicidalfranco]

24 minutes ago, Djole123 said:

Does that look similar to this?

 

I don't quite think so...

why is the search bar so low? 

talk about ugly

[mynameisjuan]

41 minutes ago, Kloaked said:

Hold your horses there, buddy. Android is vastly different from iOS. So original. Google/Android didn't get the idea for their UI from anyone else.

Neither did iOS. Its not like we have been consuming media either deskop OS, newspaper, magazine, menus,etc.. that have a rectangle shape and most content is in grid pattern for decades..../s

 

Yeah keep going with apple is so original and deserves the patent. 

[Guest Kloaked]

10 minutes ago, mynameisjuan said:

Neither did iOS. Its not like we have been consuming media either deskop OS, newspaper, magazine, menus,etc.. that have a rectangle shape and most content is in grid pattern for decades..../s

 

Yeah keep going with apple is so original and deserves the patent. 

Apple is 100% original. They invented the desktop UI.