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Apple v. Samsung: Supreme Decision Ahead

3/18/2016 07:28 PM EDT
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rick merritt
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Re: Supreme Court to Review Damages Standard
rick merritt   3/24/2016 3:02:21 PM
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@ TonyTib Yes, maybe Samsung was to some extent just copying the copyist.

Apple's gift is more with obsessive attention to detail around user friendliness more than the kind of raw innovation we think of around patents. Jobs' gift seemed to be partly in clarity and drive arounbd the big product concept. Neither easily fit into our patent system.

TonyTib
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Re: Supreme Court to Review Damages Standard
TonyTib   3/22/2016 5:33:52 PM
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Rick,

I would say what made the iPhone unique was the interior hardware (first consumer device with multi-touch), software (iOS), and ecosystem (iTunes / app store), along with the Steve Jobs' clear noodles (groupies / Apple junkies).  Remove any of those elements, and the iPhone wouldn't have been anywhere near as successful.

And Apple is pretty good at borrowing concepts; in fact, lately, that's all they've done.

 

rick merritt
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Re: Supreme Court to Review Damages Standard
rick merritt   3/22/2016 4:36:15 PM
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It's an interesting case. Things like rounded rectangular corners and slide-to-unlock functions in themselves are laughably trivial.

But when you take the iPhone as a whole, there's little disagreement the folks behind it did something amazing and Samsung (which has enormous technical chops in chips, displays and more) clearly tried to copy every detail.

Not an easy call

dromdrom
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Re: Supreme Court to Review Damages Standard
dromdrom   3/22/2016 7:16:18 AM
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@jamestate

"If it were not for the GPS antenna the iPhone would look even more like it."

Perhaps MIO should file an infringement claim against Apple?

But I agree with you, I have seem many patents with doubtful newness content. It seems the patent offices are overloaded and do not scrutinize applications well.

jamestate
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Re: Supreme Court to Review Damages Standard
jamestate   3/21/2016 5:25:15 PM
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I think the patent is outrageous in several regards. There are design limits. If you want something that can fit a shirt pocket the rectangular shape comes naturally. The same thing happened with calculators decades back. It would have been interesting to say the least if only one company could design rectangular calculators with rounded edges (there are regulations against products with sharp edges).


Sure there are other design aspects. However I present to you the Mio A701 from 2005 (the iPhone was released in 2007):

http://www.theregister.co.uk/2005/08/25/mio_a701_exposed/

 

If it were not for the GPS antenna the iPhone would look even more like it. I think the design is kind of obvious once you have a large screen display which you have to fit in someone's pockets. In my personal opinion the design patent is way too broad to be applicable. However the court decided diferently.

danmcclure
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Supreme Court to Review Damages Standard
danmcclure   3/21/2016 2:49:44 PM
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... and to add to the uncertainty (at least for the upcoming months), today the U.S. Supreme Court granted Samsung Electronics's petition for a writ of certiorari, filed in December, which challenged a lower court's decision that Samsungmust pay Apple its ENTIRE profits from smartphones found to infringe Apple design patents. This lower court decision resulted in the award of $400M to Apple.

The Court will ultimately assess whether the infringement of a design patent covering a given product can result in the award of damages equal to the entire lost profits for the product (even though aspects of the product may be covered by other patents which are not infringed)

.... stay tuned.

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