Apple v Samsung: Can Look and Feel Be Patented?

[fjtorres]

So Samsung lawyers are now bringing in evidence for Apple?
So, it *is* true: Apple really has hired every last competent lawyer in the country!
Way to stack the deck!

[fjtorres]

Samsung watches Conan O'Brian!
http://news.cnet.com/8301-17852_3-57...amsung-guilty/

And I didn't even know he still had a show!

[ScotiaBurrell]

As part of its case against Samsung, Apple has shown snippets of an internal Samsung document comparing the original Galaxy S phone with the iPhone. On Tuesday, Apple managed to get the whole 132-page document admitted into evidence. And it’s a doozy. The 2010 report, translated from Korean, goes feature by feature, evaluating how Samsung’s phone stacks up against the iPhone.

Authored by Samsung’s product engineering team, the document evaluates everything from the home screen to the browser to the built in apps on both devices. In each case, it comes up with a recommendation on what Samsung should do going forward and in most cases its answer is simple: Make it work more like the iPhone.

http://allthingsd.com/20120807/samsu...ke-the-iphone/

[ScotiaBurrell]

This makes sense.

Although none us know for sure what those products are, if they are truly disruptive, like the iPhone and iPad, it’s in Apple’s best interests to stop Samsung now. This will effectively cut off the worst offender of companies copying its products in their tracks.

Of course, winning the lawsuit will also stop all of the other competitors from copying their designs.

Apple’s latest two industry changing products, the iPhone and iPad, have been shamelessly copied for years. Yes, it’s true that the company has lost a significant amount of revenue — estimated at $2.5 billion in the trial — but let’s face it, that’s pocket change for Apple who has $100 billion or so in the bank.

http://www.loopinsight.com/2012/08/0...suing-samsung/

[Graham]

Originally Posted by ScotiaBurrell

http://allthingsd.com/20120807/samsu...ke-the-iphone/

So the judge rules as submissible by Apple a document that shows how Samsung were mocking up changes to make their phone more like an iPhone, but rules as insubmissible by Samsung a document that shows how Apple were mocking up changes to make their phone more like a Sony.

Hmm.

Missed deadlines, yes, I know.

Graham

[heySkippy]

^^ I'm not a lawyer, but I think Samsung "opened the door" that let that document be admitted.

[murraypaul]

Originally Posted by Graham

So the judge rules as submissible by Apple a document that shows how Samsung were mocking up changes to make their phone more like an iPhone, but rules as insubmissible by Samsung a document that shows how Apple were mocking up changes to make their phone more like a Sony.

The Sony evidence was a memo talking about 'Sony-like' designs.

The Samsung document is a point-by-point, 132 page, direct comparison of the two actual phone models, listing 126 points in which the iPhone was superior. (In Samsung's view, not mine)
It also includes the rather embarrassing phrase (in the English translation) "Strong impression that iPhone's icon concept was copied".

[afv011]

Originally Posted by murraypaul

The Samsung document is a point-by-point, 132 page, direct comparison of the two actual phone models, listing 126 points in which the iPhone was superior. (In Samsung's view, not mine).

All companies benchmark their devices against the competition. When I worked for a mobile phone company, we had phones from pretty much every other competitor to see how we fared against them, and used that as a way to improve our devices. Nothing to see here, move along.

[murraypaul]

Originally Posted by afv011

All companies benchmark their devices against the competition. When I worked for a mobile phone company, we had phones from pretty much every other competitor to see how we fared against them, and used that as a way to improve our devices. Nothing to see here, move along.

The interesting thing would be to see how many of those 126 items were changed in the next release, and how many of the changes were to match what the iPhone did.

Whatever the merits of the document in addressing the actual technical points of Apple's claims, this is a jury trial rather than a judge only one, and jury trials about winning the jury over. This document has to hurt Samsung in the jury's eyes. Apple can just point to each item in turn and say "Look, they saw what we did, and copied it".

[Graham]

Originally Posted by murraypaul

The interesting thing would be to see how many of those 126 items were changed in the next release, and how many of the changes were to match what the iPhone did.

Whatever the merits of the document in addressing the actual technical points of Apple's claims, this is a jury trial rather than a judge only one, and jury trials about winning the jury over. This document has to hurt Samsung in the jury's eyes. Apple can just point to each item in turn and say "Look, they saw what we did, and copied it".

And the document that Samsung could have pointed to to say "just like Apple were making their designs like Sony's" won't be put in front of the jury's eyes. Even if weighed together the Apple document is more damning, it is wrong that counter evidence that is clearly very relevant cannot be presented.

Graham

[carpetmojo]

Originally Posted by VaporPunk

Don't tell them about the Harry Potter series, or they're gonna sue J.K Rowling.

Be interesting if they heard about the bible, they could sue God for breaking their "Holy" Patent ..................

[afv011]

Originally Posted by Graham

And the document that Samsung could have pointed to to say "just like Apple were making their designs like Sony's" won't be put in front of the jury's eyes. Even if weighed together the Apple document is more damning, it is wrong that counter evidence that is clearly very relevant cannot be presented.

Graham

It's no problem that Samsung can't present evidence. This trial is just the warming up phase, it is a given that whoever loses will appeal - they should be able to present the evidence then, I would presume.

[murraypaul]

Originally Posted by Graham

And the document that Samsung could have pointed to to say "just like Apple were making their designs like Sony's" won't be put in front of the jury's eyes. Even if weighed together the Apple document is more damning, it is wrong that counter evidence that is clearly very relevant cannot be presented.

Blame Samsung's lawyers for not presenting it in time.
(Which you might conclude they did in order to prevent Apple having time to present counter-evidence)

[pdurrant]

Originally Posted by Graham

a document that shows how Apple were mocking up changes to make their phone more like a Sony.

Umm... no. Those documents didn't show that. They showed one of Apple's design team's ideas about how Sony might design the iPhone. No actual Sony products were used or referenced.

[heySkippy]

Originally Posted by afv011

It's no problem that Samsung can't present evidence. This trial is just the warming up phase, it is a given that whoever loses will appeal - they should be able to present the evidence then, I would presume.

Again, I'm not a lawyer, but I think appeals are usually limited to the evidence that was in the original trial. If you want to bring in new evidence, you need a new trial.