Samsung: not a single iPhone would have sold without us

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CNET Editor

Michelle Starr is the tiger force at the core of all things. She also writes about cool stuff and apps as CNET Australia's Crave editor. But mostly the tiger force thing.

With Apple v. Samsung hearings busting out all over the shop — in Australia this week and in the US next week — both sides are scrambling to prove the other wrong.

An image from Apple's filing last year.
(Credit: Apple)

In response to Apple's global lawsuits against its devices, Samsung's counter-claim — that Apple is infringing its 3G technology — is now hearing in Australia, and is set to enter US courts on Monday, 30 July.

Both sides have submitted briefs that pull out the big guns, The Wall Street Journal reported.

Said Apple:

Samsung cannot change the central fact that its products are strikingly similar to Apple's patented designs. Nor can it change the novelty and extraordinary success of Apple's designs. Samsung will instead attempt to confuse the issues with a hodgepodge of defences based on incorrect legal standards. Samsung's defences will fail.

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But, while we might suppose that Samsung's designs are the result of the nature of the devices the company is building, Apple is claiming that any similarities were absolutely calculated and deliberate.

Samsung's documents show that the similarity of Samsung's products is no accident or, as Samsung would have it, a "natural evolution". Rather, it results from Samsung's deliberate plan to free-ride on the iPhone's and iPad's extraordinary success by copying their iconic designs and intuitive user interface. Apple will rely on Samsung's own documents, which tell an unambiguous story.

Samsung's documents show that Samsung developed an overall plan to copy Apple's innovative designs and features so that it could compete with Apple.

Samsung has responded that Apple's success owes everything to Samsung's technology, saying in its own brief:

Samsung has been researching and developing mobile telecommunications technology since, at least, as early as 1991, and invented much of the technology for today's smartphones. Indeed, Apple, which sold its first iPhone nearly twenty years after Samsung started developing mobile phone technology, could not have sold a single iPhone without the benefit of Samsung's patented technology.

It goes on to add:

For good measure, Apple seeks to exclude Samsung from the market, based on its complaints that Samsung has used the very same public domain design concepts that Apple borrowed from other competitors, including Sony, to develop the iPhone. Apple's own internal documents show this. In February 2006, before the claimed iPhone design was conceived of, Apple executive Tony Fadell circulated a news article that contained an interview of a Sony designer to Steve Jobs, Jonathan Ive and others. In the article, the Sony designer discussed Sony portable electronic device designs that lacked "excessive ornamentation", such as buttons, fit in the hand, were "square with a screen" and had "corners [which] have been rounded out".

The Australian hearings will continue through to October 2012.



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Ray of Perth posted a comment   
Australia

"Square' With a screen? Doesn't sound like an iPhone to me?? has Apple showed the "Tablet" computer that was forseen and "mocked up" many years ago by a Publishing company and was said to be the future design for a handheld, digital newspaper with the capability to show pictures and videos or the Samsung display unit that could also play music and show video, that was made years before the iPad? Apple is also a copier and stealer of others ideas, Steve Jobs even advocated the process and said it was good for product development! That's why we dont only have ONE manufacturer of fridges, or cars, or aircraft or thousands of other products! Only by taking others ideas and improving upon them (which Apple is very good at) are new and excting products made. If we only allowed one company to make a particular product we would all be "screwed" on price and would only get product improvements when forced to. Let competition decide who dominates any particular market, the consumer will decide! One product cannot and does not provide what all consumers may want in a product!

 

Will1505 posted a comment   

Hopefully the Aussie judge is as smart as the UK ones.

A patent on visual design is completely stupid in the first place. I understand that, if your products look identical, then yes sue away. But if you product kinda look alike, suck it up.

Apple are basically saying "our customers are completely stupid and can get confused when things look the same", and go on to say, "our customers wanted to buy a iphone, but instead bought a samsung phone even though they have a samsung logo on it and the box and no iphone reference what so ever".

And the patent to use voice to search locally is so unfair it isn't funny.

 

cftbla posted a comment   

Meanwhile, CSIRO receives an absolute pittance for making them all able to use wi-fi with any appreciable speed or reliability **** the patent system, it's all ridiculous.

 

DanielM3 posted a comment   
Australia

I saw this technology on "little House on the prairie", school chalk slates. So functional, so many different applications, writing, messaging, math, pictures, attacking and defending, thrown object. Really this is just a form follows function argument and they look stupid.

 

TimothyO posted a comment   

All I read was "waaah waaah waah, he's copying me waah"

 

aslsw66 posted a comment   

I can see a time coming when companies will make more money from owning patents and suing others for infringements, than they make from actually building and selling products that customers want.

 

AlexV1 posted a reply   
Australia

I think that time is next Tuesday onwards at this rate. Haha

 

Chandler posted a reply   
Australia

It actually started a year or so ago...

 

AlexV1 posted a comment   
Australia

When will someone end all this,it's really ridiculous now.
I can see a slight resemblance to apple products from the Galaxy S , Not so much from the S2 , S3 or the Galaxy tab's though. As for the touchwiz interface well i don't quite think much of that as it is.
What is interesting in the hypocracy from Apple with regards to design and technology theft....Because we all know that Apple and Jobs have always been such "honest Angels" with that sort of thing.

 

Chandler posted a reply   
Australia

There's a few people lobbying for the US to change it's patent laws.

Funny thing is how so many countries have cases in their courts over US patents - can't they sort out their **** in the US... -.-




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