Apple v. Samsung verdict could shake Apple to its core

“The patent trial of the century is playing out in San Jose, Calif., and the outcome will affect you — and millions of consumers — in some way or another,” Jessica Van Sack reports for The Boston Herald.

“Apple is suing Samsung for $2.5 billion, saying its Galaxy line of smartphones and tablets are a blatant rip-off of the iPhone and iPad design,” Van Sack reports. “Apple claims that Samsung products are designed to confuse consumers into thinking they’re Apple products.”

Van Sack reports, “A loss for Apple will likely embolden its competitors, giving them the green light to style their products in Apple’s image and shed any pretense of independence. Expect a slew of iPhone and iPad clones to flood the market. Blackberry-maker Research in Motion comes to mind as one that could benefit from a little Apple inspiration. A win for Apple is a more unpredictable — and interesting — outcome. It will essentially grant the Cupertino, Calif.-based industry titan the sole rights to devices with a rectangular frame and round corners, as well as the smartphone homescreen with frequently used icons tacked to the bottom… If Apple wins, a little bit of forced innovation could come back to bite them if Samsung or another company comes up with a game-changing product.”

Read more in the full article here.

MacDailyNews Take: Because Samsung et al. have long ago proven themselves to be oh-so-innovative.

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

Here’s what Google’s Android looked like before and after Apple’s iPhone:

Google Android before and after Apple iPhone

Related articles:
Samsung: Shameless slavish copiers – August 13, 2012
Apple attorney: Instead of innovating, Samsung chose to copy iPhone and iPad – July 31, 2012
Apple: Google warned Samsung against slavishly copying our products – July 25, 2012
Now Samsung slavishly copies Apple’s Mac mini – June 1, 2012
Samsung Mobile chief ‘designer’ denies that Samsung’s instinct is to slavishly copy Apple – March 23, 2012
Slavish copier Samsung shamelessly steals Apple’s iPhone 3G design – again – January 3, 2012
Slavish copier Samsung uses girl actress from iPhone 4S ad for Galaxy Tab 8.9 spot (with video) – January 2, 2012
Now Samsung’s slavishly copying Apple’s iPad television ads (with videos) – December 30, 2011
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011
Why are Apple’s icons on the wall of Samsung’s store? – September 24, 2011
Apple to Samsung: ‘Blatant copying is wrong’ – April 18, 2011
Apple sues Samsung for attempting to copy look and feel of iPhone, iPad – April 18, 2011
Samsung’s ‘Instinct’ is obviously to make Apple iPhone knockoffs – April 1, 2008

62 Comments

    1. Agreed.

      I also love how he said, “the outcome will affect you — and millions of consumers “?!

      These “consumers” didn’t exist in the smart phone space until Apple created the first real smart phone. Let’s be honest, if it wasn’t for Apple the closest Samsung would have gotten to a smart phone would have been another cheap knock-off of a blackberry with some POS OS made by google.

    1. Are you unable to make a point without completely dumbing it down with all that profanity. A good curse used sparingly adds a bit of spice to a sentence, but you apparently don’t know the meaning of moderation. Best not to post at all.

  1. its clear that i am not buying any of Samsung Products , his products does not last and shit to me , Samsung really copied from Apple even Samsung made fun of Steve Jobs by carrying wing on his back also copied him as he dress like steve jobs when chinese man was at stage , youtube explained

    1. When you use Siri- you still have to re-read and edit what you just spoke. I’m getting sick of this psycho-babble ranting. Yes, Siri is not perfect, especially when you are driving 75 MPH with the windows down!!!

      1. I hear ya Webmaster Apprentice,

        too much negativity on Siri – its a beta still – and hee hee why Siri can’t work under water when I have my bath – too – is just moronic consumer complaints.

  2. Whatever the outcome, the appeals will tie this up for another 2 years.
    If Apple win, they will never see a dime. It will only act as a deterrence for similar level of blatant copying.
    If Samdung win, Apple will find it harder to stop copying and maybe struggle with avoiding patent issues.

    Due to the slow nature of the legal system, any rulings will be circumvented in a short time and the same crap will continue on.

    Apple’s only real choice is to keep innovation and go all out to stay ahead of the competition. In the end they are the only ones who can be bothered to make a decent product. It’s what sets them apart and is their secret to making money.

    1. It’s these innovative NEW products that Apple’s trying to protect with this lawsuit. They’ll be damned if ‘the Rest’ just rip them off yet again. F’ um over but good Apple! Then bury their asses with the next great thing we (they) never knew we needed.

  3. If Samsung wins then truly the jury in this trial whom are defined as ” peers” are just IDIOTS .

    I just am just gobsmacked to think that sUch a clear cut case needs so
    Much time !!

  4. I bought a Samsung BluRay player about 2 years ago. The OS updates lasted about 6 months. Now, it doesn’t play about 10% of the BluRays and 30% of the DVDs.

    Bought a Sony player and gave the Samsung to my asshole step son, a win-win situation.

    1. ‘Bought a Sony player and gave the Samsung to my asshole step son, a win-win situation.’

      Perfect father image – no wonder the country is in trouble.

      Just who is the asshole?

      1. My step son is 40 years old and lives in my basement.

        He just started a new job after being unemployed for 8 months in a Canadian province with a labor shortage of 150,000 workers.

        Next.

  5. I am confident Apple will win – but only by a slight margin…
    rewarded with a ban of sales in the USA on all older Samsung models that run any Android lower then 4.0.

    This will level out the phone options to the Galaxy S III vs iPhone 4s & 5. As, the new Galaxy S III looks nothing like any Apple product. Samsung had the larger screens first.

    And a warning to Apple regarding its introduction of a 7.85″ iPad… this will be too similar to a Galaxy Tab 7″.
    Samsumg will counter sue – as they, again were first to market that size device.

    The real issue really is with regards to Android.
    Apple has snuck in some Android complaints into the trial. Samsung may have skinned some features from Android to be more appear more like Apple… yet the platform from Google alone needs MORE restrictions so Apple is BARKING up the WRONG tree here.

        1. Hey Apple, ours is smaller then the iPAD so we didn’t copy it. And besides, Slamdung will continue, “we copied it perfectly from the movie 2001: A Space Odyssey, okay, because we have no creativity and a limited budget on Industrial Design.”

          Our iPad clone is different – it uses a 16:9 ratio and is 3″ smaller. Too damn bad for you Apple you have NO PATENT on size.

          Hahahaaha good old reverse “psycho-semantics”.

    1. First of all 7.85″ is not the same size as a 7″, it is a LOT different.

      Secondly, SIZE is not patentable!

      I think you need to take one of your pills, right up your azz to get the best effect.

      1. I had said:

        Apple will WIN the case

        Samsung will be forced to stop selling the older designs – implying cheaper shit which runs the BS 2.3 Android… these models like the GALAXY ACE – are directly designed to appear as iPHONE impostors.

        then, I said a WARNING will be imposed on APPLE… remember the jury will make the suggestions here – SURE, its agreed, size and ratios don’t technically translate with to products not yet produced — its a WARNING pee brains

      2. Form and Function, are design aspects and Dimensions and Styling do matter. So you are tell me size ain’t an issue.

        Regarding the Ratio and Resolutions. Both sides have taken their own distinctly different paths on this. Differentiation is clear. However, I believe this is less of a concern (and less obvious) to the average customer. Though, my preference is the retina screen, I still feel it is not such a selling feature for motivating the average consumer to buy Apple.

        What remains strong for Apple buyers, is the upgradability of iOS, it’s choice of Apps (more so Apples own) and Apple’s service and reputation.

        Would a slate/tablet of any size be considered a design copy to Apple?

        “Barking up the wrong tree”, is to be directed to the OPENNESS for which any factory can use Android and easily add a bounce and feel of iPhone. Clearly, Apple needed to hint that Samsung had taken the FREE ANDROID and implemented the Apple feel and look… not Samsung. HOWEVER, the very openness of Android should not allow for such changes. A non-cloning or restriction needs to be enforced on Google. Stopping Samsung from even using Multi-Touch and the end of List Bounce FUNCTIONs.

  6. Remember, this is taking place in California in front of a jury.

    These jurors are similar to the ones who have taken this State into bankruptcy. Moonbeam Brown is the governor – anything can happen.

  7. “a little bit of forced innovation could come back to bite them if Samsung or another company comes up with a game-changing product.”

    Isn’t this the point? Yes, please- BITE APPLE! That will only make them want to come out with more good stuff! That’s the whole point behind competition. What Samsung has done, by virtue of propagating the status quo in the short-term (copying Apple), is to stifle innovation. This was Microsoft’s MO in the ’90’s, and we had a virtual stand-still in innovation for an entire decade because of it.

    If Apple wins this patent case, consumers should rejoice! The best and brightest in the business will rise to the occasion, knowing that their innovations will be protected (and by extension that their hard work won’t be all for naught).

  8. This is a really hard topic for most folks to understand. Apple was FORCED to defend, they did not want to . . . they even offered Samsung a deal. They are NOT trying to own all rectangles with rounded corners . . . that is a Samsung talking point. The trade dress has to do with mimicking something in a way that confuses the consumer . . . Samsung did that, no question.

    1. That “rectangle/round corner” meme has certainly echoed through the net, but I am pretty confident that Apple made the case clear enough for the jury to understand the broader scope. My biggest fear is that is that the jury instructions cause one or more jurists to find Samsung not guilty on some sort of technical point, a sense of relativism on the evil of all corporations, or even nullification through some personal belief that the patent system is broken, so no one should win. In this case, it take JUST ONE member of the jury to acquit for Samsung to walk scot free.

    2. brilliantly said

      Slamdung, has been creating the iPhone and iPad impostor
      not a the competitor. They even offering it in black or white.

      Goggles, allows far too much freedom in customizing Android such that any factory to confuse the consumers more of this impostor.

      Appel, needs to have the same anti-cloning agreement, that it has with MacroSloth, applied to Goggles AndyBotOS forcing no changes to the freely granted phone OS. But how??? And when???

  9. What the Hell is wrong with Apple? How dare Apple, the company, to force even a little innovation in the market?! Why would they think this is a good thing? Innovation? Forcing a market? Protecting their innovations? Novel concept for this paid Samsung tool- no matter how dull the tool. This one would have problems cutting the frosting on the cake.

    Next..,

  10. i do agree all the samsungs look a lot like apples products (slavish copies, yes?), but then again, when youre in a touch based mode what else do you make them look like ? how could a slab of glass not look like the iphone? are they supposed to make them in the shape of a triangle (props to the office). should Paramont, Paramount, the studio, sue apple for copying Jordie Laforge’s PADD (from star trek)? the ipad looks a LOT like Jordie’s PADD technology…

    1. Apple had showed the courts many design prototypes and then eventually produced a working and marketable device.

      There is a obvious difference between fact and fiction, between fantasy and reality, between conceptual and final, between black and white and between right and wrong.

      Jordie Laforge’s and 2001: A Space Odyssey’s devices; where not marketed as truly functioning computational devices – just fantasy toy props used during acting.

      But generally… no matter how you see the design challenge…
      Samsung CHOOSE to simulate the look and feel of Apple.
      Creating an iDevice impostor deliberately confusing consumers into a Knock off for a competitor.

      Apple’s case has been to prove Samsung designs PURPOSELY mimick Apple and hence harmed sales- they have sued for this reason.

  11. He forgot what will happen if Apple wins. Samsung will be shaken apart and will have to turn off there copy machines for good. That’s what Apple really wants, they don’t care about the money, nor does Apple need the money. It’s about keeping competitors from using all of Apple’s R&D work to benefit themselves with duplicate copies of Apple products that are labeled Samsung.

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