Apple v Samsung: Can Look and Feel Be Patented?

[tubemonkey]

Originally Posted by TimW

I wouldn't be surprised if there isn't a discovery of some fatal flaws in juror(s) which will make for a wonderful appeal and some (or all) of the award gets pitched out. Is that cynical? Nah, just realistic.

Lawyers win! (every single time)

Yep; they get paid regardless of the outcome.

[ScotiaBurrell]

Originally Posted by TimW

(or all) of the award gets pitched out.

This first award was good enough to create effect apple wanted.

technicalities won't matter

[ScotiaBurrell]

Originally Posted by tubemonkey

iPad...t's the greatest tablet ever made

I knew you were fan.

[tubemonkey]

Does anyone have a list of which Samsung devices are affected by this decision?

[tubemonkey]

Originally Posted by ScotiaBurrell

I knew you were fan.

Don't forget, I own an iPod touch. I also own a Galaxy Player; and of the two, the Galaxy Player is the superior device.

[tompe]

Originally Posted by HarryT

This verdict is good for the consumer; it will encourage innovation, rather than mere slavish copying of another product.

Well, the accepted wisdom is that this hinder innovation.

[pdurrant]

Originally Posted by tompe

Well, the accepted wisdom is that this hinder innovation.

Not as far as I can see.

[fjtorres]

Originally Posted by ScotiaBurrell

This first award was good enough to create effect apple wanted.

Exactly.
Apple and Samsung will come to terms at some point and they'll move on to the serious business of making money.
But the point has been made that Apple will fight if you copy their product *successfully*. Let's not forget there's a zillion no-name iPxxx clones floating around. Most are just gnats so Apple ignores them. But if any of the gnats get big enough...

It isn't even terribly hard to design stuff to be different enough; even minor cosmetic tweaks will do. And cheaper than a big legal fight.

And it's not just Apple products that benefit from the extra protection; if the verdict and awards hold up the example will cover other vendors with distinctive designs like Sony and Microsoft. Not a totally bad outcome if you like diversity of choice. (If nothing else, we are spared a market where every smartphone looks like an Apple soap bar.)

[Graham]

Originally Posted by fjtorres

It isn't even terribly hard to design stuff to be different enough; even minor cosmetic tweaks will do. And cheaper than a big legal fight.

And it's not just Apple products that benefit from the extra protection

Great. Samsung have to give up bounce back and Touchwiz icons and Apple have to give up Android-like notifications.

Graham

[HarryT]

Originally Posted by pdurrant

Not as far as I can see.

Precisely. In the short term, this may restrict consumer choice, but in the long term it's almost certainly good for the consumer, since it will mean that manufacturers will have to devise innovative devices, not simply copy what other companies have already done.

[Graham]

The bit I find odd is that this jury ruled that Samsung's patents were valid, but that Apple didn't infringe them. Isn't the argument in the other jurisdictions to do with whether they were FRAND and what the fair licensing amount should be?

In other words, isn't it accepted by Apple elsewhere that they're using the technology?

Graham

[tompe]

Originally Posted by HarryT

Precisely. In the short term, this may restrict consumer choice, but in the long term it's almost certainly good for the consumer, since it will mean that manufacturers will have to devise innovative devices, not simply copy what other companies have already done.

No, it means you have to be a big company to innovate since it is impossible to know if you infringe before you are sued and only big companies can afford this.

The whole situation is insane and I really cannot see how anybody can think this is good.

[Edward M. Grant]

Originally Posted by HarryT

In the short term, this may restrict consumer choice, but in the long term it's almost certainly good for the consumer, since it will mean that manufacturers will have to devise innovative devices, not simply copy what other companies have already done.

Yeah, they'll put triangular corners on their phones.

[afv011]

Originally Posted by HarryT

This verdict is good for the consumer; it will encourage innovation, rather than mere slavish copying of another product.

Sure, if you think higher prices and less options are good for the consumer.

[afv011]

Originally Posted by fjtorres

Exactly.
Apple and Samsung will come to terms at some point and they'll move on to the serious business of making money.
But the point has been made that Apple will fight if you copy their product *successfully*. Let's not forget there's a zillion no-name iPxxx clones floating around. Most are just gnats so Apple ignores them. But if any of the gnats get big enough...

It isn't even terribly hard to design stuff to be different enough; even minor cosmetic tweaks will do. And cheaper than a big legal fight.

And it's not just Apple products that benefit from the extra protection; if the verdict and awards hold up the example will cover other vendors with distinctive designs like Sony and Microsoft. Not a totally bad outcome if you like diversity of choice. (If nothing else, we are spared a market where every smartphone looks like an Apple soap bar.)

I have no issues with Sammy being fined for copying the iPhone (the original Samsung S looked rather similar, though newer phones are radically different), but the Apple patents should have been tossed out due to prior art. The evidence was there.