While it is true that industries often do competitive analyses, in an IP infringement lawsuit, this is powerful evidence to a jury. In the end, I think Apple will recover far less in the way of damages than it seeks.
For what reason do you think Samsung is pointing out "problems" [read: deficiencies] in their product? To pass to the advertising department? To hand out awards to their engineers? Please, get real... They are holding up Apple as the design target.
Your calculator example is a poor one wherein there is obviously only one correct "answer." UI design is nuanced and subtle and Apple (whether through innovation or idea recycling) knows how to implement that into their products long ahead of the crowd. That's the reason Apple was "...used as an example for contrast."
It's true that Apple caused a sorely needed sea change in the phone market by bringing together disparate elements to create something "different" than what had largely come before. But Does that mean none of their competitors have a right to make a rounded rectangular phone or have their product evaluated by their competition? No. Apple has already been rewarded handsomely by the market for their very nice but unpatentable features. That is all the compensation any company should reasonably expect in a free market. Nothing has been stolen or copied. They should just move on and change the world again already if they really think they need even more money.
That was my point, a few posts back. Samsung introduced a 16:9 aspect ratio in its Galaxy phones, and Apple is playing catch-up with its iPhone5. Is that going to be grounds for a lawsuit?
Similarly, the Kindle Fire has an aspect ratio of around about 16:10, compared with the squarish iPad's 4:3. My bet is, the next version of the iPad will go wide aspect ratio too.
These are all the type of "look and feel" differences that Apple is making a big whoop about. And they seem to be indulging in the same copying as they accuse Samsung of.
Things like this evolve always, in similar-function appliances. It can't be helped. This lawsuit is frivolous.
I think Samsung realized early on it can differentiate handsets with the bigger, better displays it makes and it's doing that successfully now with the S III and Note handsets--and Apple's iPhone 5 now needs to respond to them.
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