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Apple vs Samsung trial


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68 replies to this topic

#51 OFFLINE   Herdfan

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Posted 27 August 2012 - 08:26 AM

Not a good comparison. Dell sells systems that use the UI designed by Microsoft. Samsung Android phones use TouchWiz which was designed by Samsung. Thy don't use the Google Android UI.


Because, aside from the bounce back patent, the claims against Samsung were all Samsung.


Thanks for the info. Not being an Android user I didn't realize the Samsung interface was markedly different than other Androids.

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#52 OFFLINE   RasputinAXP

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Posted 27 August 2012 - 09:49 AM

Because, aside from the bounce back patent, the claims against Samsung were all Samsung. Google has nothing to do with the design of Samsung devices and has nothing to do with their TouchWiz UI. These were the primary targets in the suit.
Google "demanded" that Samsung make their devices less iPhone like and Samsung did their own thing.

This had very, very little to do with Google or Android.


Uh...the patents that were upheld included pinch to zoom, double-tap to zoom, and a grid of icons.

This has a lot to do with a lot of things.

"Belligerent and numerous."

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#53 OFFLINE   billsharpe

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Posted 27 August 2012 - 10:37 AM

Uh...the patents that were upheld included pinch to zoom, double-tap to zoom, and a grid of icons.

This has a lot to do with a lot of things.


Being able to patent "a grid of icons" seems like a big stretch to me. Even the other two items seem like a small stretch.
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#54 ONLINE   dpeters11

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Posted 27 August 2012 - 10:51 AM

Hmmmm. I wonder what influenced Microsoft's gui?


And what influenced Apple for the Macintosh GUI? It's rare for there to be a totally new idea.

I doubt a phone could even have a circle of icons, and you rotate them to get the one you want. Too close to the old iPod wheel design.

#55 OFFLINE   paulman182

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Posted 27 August 2012 - 12:30 PM

I'd sure like to know how this will impact the Android world in general.

If my wife's phone (not a Samsung) has to change very much, she'll kill me.

I guess no one knows for sure just yet.

#56 OFFLINE   wingrider01

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Posted 27 August 2012 - 01:05 PM

That's possible, but Samsung can't challenge the finding of facts by the jury unless it is a matter of law. I don't understand that entirely, but from what I gather that's going to be a tall mountain to climb over.

A couple of biased comments from jurors might be good enough to get it done, but I don't see it happening.

Samsung had a choice when they decided that they wanted to be the top Android OEM. They made their choice, and it's probably going to cost them a billion US.


hopefully with the backing of google and the other android phone manufacturers a consortium will be formed to fight the "unbiased findings"

#57 OFFLINE   bobukcat

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Posted 27 August 2012 - 03:02 PM

Uh...the patents that were upheld included pinch to zoom, double-tap to zoom, and a grid of icons.

This has a lot to do with a lot of things.


Very true, one thing that really bothers me about all this documentation that was shown to the jury was that it always contains a picture of the Android device's App Drawer or a home screen completely filled with app icons. For those that don't / haven't used Android this is not the default home experience. I think Samsung should have had the opportunity to show devices with Widgets, live wallpapers, etc. - they look a lot different under those (more typical) circumstances.

That said there was obviously some copying of the trade dress going on, especially with the first Galaxy with the single home button. On the other hand the trade dress stuff is way too vague if an Epic 4G (which has a slide-out QWERTY) was found to infringe it.

I also think (from reading the juror interview) that it doesn't sound like they really spent an appropriate amount of time debating the prior art arguments for the Touch Screen, Pinch Zoom, etc. patents. In fact I find it hard to believe they spent enough time on most of the items given how complex this trial was and the relatively short deliberation time.

#58 OFFLINE   Alan Gordon

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Posted 27 August 2012 - 03:37 PM

Interview with a juror. I haven't looked at all the reports during trial, but if there literally were emails within Samsung about what Apple features to copy, there is little room for the jury to think they didn't violate the patents.

http://news.cnet.com...ror-speaks-out/


I don't think this document helped Samsung:

Samsung’s 132-page internal report on why the Galaxy should be more like the iPhone

Thanks for the info. Not being an Android user I didn't realize the Samsung interface was markedly different than other Androids.


When I got a smartphone, I wanted an iPhone 4, but Verizon didn't have it... so I got a Fascinate... one of the reasons is because I had used a Captivate and thought it was nice, and the other reason is because it reminded me very much of the iPhone. While there are similarities between other Android devices and the iPhone, I don't really feel they were attempting to copy the iPhone. I do however feel that Samsung, especially earlier models like the Fascinate/Captivate were intended to copy the look of the iPhone.

Heck... look at some of these icons...

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#59 OFFLINE   RasputinAXP

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Posted 27 August 2012 - 05:11 PM

I don't think this document helped Samsung:

Samsung’s 132-page internal report on why the Galaxy should be more like the iPhone



When I got a smartphone, I wanted an iPhone 4, but Verizon didn't have it... so I got a Fascinate... one of the reasons is because I had used a Captivate and thought it was nice, and the other reason is because it reminded me very much of the iPhone. While there are similarities between other Android devices and the iPhone, I don't really feel they were attempting to copy the iPhone. I do however feel that Samsung, especially earlier models like the Fascinate/Captivate were intended to copy the look of the iPhone.

Heck... look at some of these icons...

~Alan


1. That's a strategic dissassembly of the thing, post-Galaxy S. It's a red herring.

2. You got it because it reminded you of the iPhone...and because the iPhone wasn't on Verizon...but did you think you were buying an Apple product and you got fooled? That was the crux of the court fight.

"Belligerent and numerous."

SlingTV, Tablo and Plex to Roku 3s and Chromecasts on a Vizio 42" in the living room and a Toshiba 32" in my bedroom. Xbox 360 client on a Westinghouse 42" in the game room. Tablets EVERYWHERE!

 

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#60 ONLINE   dpeters11

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Posted 27 August 2012 - 05:24 PM

1. That's a strategic dissassembly of the thing, post-Galaxy S. It's a red herring.

2. You got it because it reminded you of the iPhone...and because the iPhone wasn't on Verizon...but did you think you were buying an Apple product and you got fooled? That was the crux of the court fight.


Is the issue that people actually thought they were getting an iPhone or that they thought they were getting something just like the iPhone? I can see the second one happening. A customer walks in, and a rep says "we don't sell those, but this is just like it." If the rep tells them it does the same thing, or is just like it, that could be an issue. I don't think someone actually gets a box that says Samsung but thinks its an Apple.

#61 OFFLINE   Laxguy

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Posted 27 August 2012 - 06:30 PM

Is the issue that people actually thought they were getting an iPhone or that they thought they were getting something just like the iPhone? I can see the second one happening. A customer walks in, and a rep says "we don't sell those, but this is just like it." If the rep tells them it does the same thing, or is just like it, that could be an issue. I don't think someone actually gets a box that says Samsung but thinks its an Apple.


I hope not more than one or two!
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#62 OFFLINE   RasputinAXP

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Posted 27 August 2012 - 06:43 PM

The 'evidence' in the case is that some people "returned a Samsung product because they thought they were getting an Apple product."

I'm not quite sure how that works.

"Belligerent and numerous."

SlingTV, Tablo and Plex to Roku 3s and Chromecasts on a Vizio 42" in the living room and a Toshiba 32" in my bedroom. Xbox 360 client on a Westinghouse 42" in the game room. Tablets EVERYWHERE!

 

I used to update the Dish Network FAQ but not anymore.


#63 OFFLINE   Alan Gordon

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Posted 27 August 2012 - 10:23 PM

2. You got it because it reminded you of the iPhone...and because the iPhone wasn't on Verizon...but did you think you were buying an Apple product and you got fooled? That was the crux of the court fight.



Personally?! No....

I imagine the carries like Verizon who didn't agree to Apple's terms at that time point was probably glad to have a phone whose UI was similar to the iPhone though... and it's possible that Apple may have lost out on some sales for the iPhone on AT&T when subscribers could get a phone that appeared similar for less money.

I've read multiple stories regarding the trial from different sources, and had not heard any statement referring to people thinking they were getting an iPhone. I don't have much pity for the people who would be so easily fooled...

I do however believe that Samsung borrowed HEAVILY from Apple for their UI... so I personally do not believe they wanted to discourage that from happening...

~Alan

#64 OFFLINE   wingrider01

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Posted 28 August 2012 - 07:45 AM

Being able to patent "a grid of icons" seems like a big stretch to me. Even the other two items seem like a small stretch.


true - kind of like harley trying to patent the sound of their v-twin... and they tried.

Intersting things coming out about the unpartial jury and the speed in their turn around

http://www.techdirt...._medium=twitter

http://www.groklaw.n...012082510525390

#65 OFFLINE   jdskycaster

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Posted 28 August 2012 - 07:58 AM

This is far from over. Fairly good summary of how the jury botched this one and a judge who appears to have done little to stop it.


http://money.cnn.com/2012/08/27/technology/apple-samsung/


#66 OFFLINE   wingrider01

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Posted 10 September 2012 - 06:28 AM

round 2 - HTC vs Apple

http://www.taipeitim...9/08/2003542211

#67 OFFLINE   JACKIEGAGA

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Posted 10 September 2012 - 06:30 AM

round 2 - HTC vs Apple

http://www.taipeitim...9/08/2003542211


I hope HTC wins

JACK,
 
 


#68 OFFLINE   RasputinAXP

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Posted 10 September 2012 - 06:41 AM

More on the jury foreman messing things up royally in the Apple-Samsung case:
http://www.groklaw.n...120904190933195

"Belligerent and numerous."

SlingTV, Tablo and Plex to Roku 3s and Chromecasts on a Vizio 42" in the living room and a Toshiba 32" in my bedroom. Xbox 360 client on a Westinghouse 42" in the game room. Tablets EVERYWHERE!

 

I used to update the Dish Network FAQ but not anymore.


#69 OFFLINE   wingrider01

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Posted 10 September 2012 - 10:12 AM

I hope HTC wins


Me to, would be interesting to see if the Judge decides to order a temporary stop until it is settled




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