Replies

Apple is not suing Samsung on the appearance of any of the phones you so nicely cut and pasted in your comment

Do some research before you post, Apple amended their complaint to include those phones.

The amended complaint accuses all of the above plus the Droid Charge, Exhibit 4G, Galaxy Ace, Galaxy Prevail, Galaxy S (i9000), Gravity, Infuse 4G, Nexus S 4G, Replenish, Sidekick, Galaxy Tab 10.1, and Galaxy S II (aka Galaxy S 2). It also specifies the accusation against "Showcase" products, naming the Showcase i500 and Showcase Galaxy S.

http://fosspatents.blogspot.com/2011/06/apple-amends-complaint-against-samsung.html

Apple is basing their trade dress complaints on the following:

U.S. Application Serial No. 77/921,838 for the configuration of a digital electronic device with a screen on the front of the device, and a circle at the bottom center of the front [the iPad]

Fairly certain the Blackberry had a pushable round button on the front below the screen before Apple entered the market with the iPhone.

U.S. Application Serial No. 77/921,829 for a configuration of a digital electronic device, with a gray screen, a black border around the screen, a black concave circle at the bottom of the border, and silver sides [also the iPad] Because Apple was the first to use a black border around a screen? And silver sides, really? As far as gray screen, you seen an old early 2000's phone turned off?

U.S. Application Serial No. 77/921,869 for the overall design of the product, including a black screen and silver casing, with thirteen colorful square icons arranged in four rows on the face of the screen, and a concave black circle with the outline of a gray square in the center below the bottom row of icons [again, the iPad] Apple doesn't have the monopoly on square icons, furthermore if Apple gets a ruling in favor of this, I imagine they'll be back in court to deal with HP's lawyers.

U.S. Application Serial No. 85/299,118 for the configuration of a rectangular handheld mobile digital electronic device with evenly rounded corners [the iPhone 4] This is the most absurd of them.

Apple is basing their trade dress complaints on the following:

Read what Apple ALSO included with the addition of those models in the amended complaint... FIVE ADDITIONAL DESIGN PATENTS and THREE HARDWARE PATENTS... not just tradedress applications. All these models include the hardware patents that Apple owns that are being infringed. It helps to read the actual complaint, not just the news article. That's why the ones you cut and paste that don't look like an iPhone were added to the suit... they infringe one or more of these actual design and hardware patents without paying proper license royalties while other models were more examples of copying the trade dress registrations. That's a lot more serious. Apple upped the ante a lot. They are showing the court a pattern of infringement of Apple's IP and look.

Galaxy Ace

Galaxy Prevail

Galaxy S (i9000)

Samsung Infuse 4G

Samsung Nexus S4G

Galaxy Tab 10.1

iPhone 4 next to Samsung Showcase Galaxy S

So, were you saying that Samsung doesn't copy the look, feel, and even the hardware patents of Apple?