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Apple Wins $539M from Samsung in Damages Retrial

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Re: Apple Wins $539M from Samsung in Damages Retrial

#121

Earlier quoted context omitted.

What is special about Apple's grid of icons? Icon sizes are -- due to convention -- almost always some power of two, or other standard size. The number of icons you can fit on a rectangular screen is going to be pretty similar because of the size of the appendage that will be interacting with it (a human thumb).

If this was simply about rounded corners or a grid of icons, they would have been laughed out of the court. Trade dress not about any single design choice but the combination of dozens of design choices which, when combined together, become an aesthetic trademark. And importantly, Apple spent millions of dollars on marketing to promote the fact that the iPhone looks a certain way and operates in a certain way. The is…

If this was simply about rounded corners or a grid of icons, they would have been laughed out of the court.

Like they were in the UK? And forced to publish an apology?

Re: Apple Wins $539M from Samsung in Damages Retrial

#122
post #116

Earlier quoted context omitted.

I developed for Windows Mobile before and slightly after the iPhone. Windows Mobile was slightly ahead of the iPhone as an app platform until around 2009.

Can you please elaborate on what made windows mobile better for apps? Why did Microsoft not want to continue this? I think windows mobile was a complete scratch and rewrite? My understanding for why Google wanted Android and open handset alliance is the fragmentation of mobile at that time: it took too much effort to get Google maps on all these different J2ME (I think I got the name right) devices.

I had both J2ME and Symbian versions of Google Maps running on my Symbian devices.

Anyone that tried to make an Android app run properly across Android devices, specially Samsung ones, knows that the fragmentation issues aren't gone.

Re: Apple Wins $539M from Samsung in Damages Retrial

#123
post #49

Earlier quoted context omitted.

I commercially developed both Windows Mobile and Palm apps. None had exactly the same design nor look & feel as the iPhone. Which phone are you referring to ?

I think maybe he is talking about the general IDEA, not necessarily the look and feel. You're right in asserting that there really was nothing like iPhone before iPhone, but the IDEA was there from way back with HP Jornadas and the older BREW phones. (I do concede that the UI of all of those devices was, in PRACTICE, much different than the iPhone UI. That much is undeniable when you look at old pictures of them. Bac…

Even Nokia had touch phones before iPhone was a thing.

https://www.gsmarena.com/nokia_7710-review-31.php

Re: Apple Wins $539M from Samsung in Damages Retrial

#124
post #4

They patented "a grid of icons" when it's literally the first way you'd think of doing the UI - basically the definition of an "obvious patent". Not to mention that it'd already been done that way many times before and was the standard thing on smartphones by that point. So both obvious and massive prior art. For instance here's a Nokia phone from 2005: https://phys.org/news/2005-03-nokia-3g-imaging-smartphone-sh...…

Palm Pilot, 1996. https://en.wikipedia.org/wiki/Pilot_1000 http://www.palminfocenter.com/news/8493/pilot-1000-retrospec...

Had one like that. Couldn't make any calls with it.

Re: Apple Wins $539M from Samsung in Damages Retrial

#125
post #30

To everyone saying "these are basic phone designs," try and remember reactions to the original iPhone release keynote. The design was originally reasonably polarizing/radical. Half the reason these design elements are now so widespread is because everyone immediately copied Apple.

As someone who developed for Mobile Phones pre iPhone era, I can say they are people who never worked on software for Mobile before iPhone :). There were number of Phone that existed with several of those styles. How many people know Verizon Had a decent app store (Apps developed with Brew) in US before iPhone? This included similar testing that you see for AppStore TODAY.

Yea, if I remember correctly the closest to the iPhone's look was the LG Prada one year before the iPhone.

https://en.wikipedia.org/wiki/LG_Prada

Re: Apple Wins $539M from Samsung in Damages Retrial

#127

There is one important aspect of this re-trial many of you are missing. The case was already decided years ago against Samsung -- there is nothing more to debate on that end, however absurd the decision. Now the new jury decided that those frivolous infringements amount to most of Samsung's entire profit. In another word, Apple's hometown jury decided that Apple's patents rounded corners drove market demand for Samsu…

    > Apple's hometown jury decided that Apple's
    > patents rounded corners drove market demand
    > for Samsung's infringed device almost
    > single-handedly - not their brilliants
    > displays, battery, or even wireless radio
    > functionality.
You're completely losing the plot here here.

The reason for the high amount of damages is not because it's believed that Samsung phones wouldn't have sold as well without rounded corners or whatever other Apple patent they infringed, but that they infringed patents and Apple should thus be awarded punitive damages.

Leaving aside this specific case, that's a very reasonable thing to do in a world where you have patents. If companies could violate patents and only have to pay damages in the amount that they supposedly gained from violating the patent if they got caught they'd violate them with impunity.

That would turn the patent system into some system of enforced license fees without having to ask for permission, which it's not, it's meant to grant exclusivity in the market for a limited time period.

Re: Apple Wins $539M from Samsung in Damages Retrial

#128

There is one important aspect of this re-trial many of you are missing. The case was already decided years ago against Samsung -- there is nothing more to debate on that end, however absurd the decision. Now the new jury decided that those frivolous infringements amount to most of Samsung's entire profit. In another word, Apple's hometown jury decided that Apple's patents rounded corners drove market demand for Samsu…

If design is so irrelevant to profits, how come Apple’s phones capture almost all of the profits in the mobile industry? Surely if your company has at great expense developed a legally protected advantage in the market that gains you the majority of the profit share, someone else copying your legally protected advantage and churning out products using all the same design features you spent years on must be pretty sickening?

Especially when it turns out your rival produced a 132 page design analysis detailing exactly how to copy your product design and UI, with photos, comparing it to their product and specifying “directions for improvement”[1]. Not all 132 pages are about rounded corners.

[1]https://www.google.co.uk/amp/s/www.theverge.com/platform/amp...

Re: Apple Wins $539M from Samsung in Damages Retrial

#129

Earlier quoted context omitted.

One of the Android engineers (back when Android was going to be a Blackberry knockoff) made a similar comment about his reaction to the iPhone unveiling. >“As a consumer I was blown away. I wanted one immediately. But as a Google engineer, I thought ‘We’re going to have to start over.’” What we had suddenly looked just so . . . nineties,” DeSalvo said. “It’s just one of those things that are obvious when you see it."…

That's because Apple had a touchscreen, and Google had a keyboard at the time.

Lots of phones had touchscreens before. It was a combination of the physical design, engineering, UI and feature set that was so ground breaking. The thing is each of these things is intimately connected and depend on each other. You can’t just do one without the other three and have anything worthwhile. That’s why this was so hard.

It’s why analysts that just focuses on one obvious feature - a touch screen - misses the point so badly. If a touch screen was all that mattered, why didn’t the Android team copy one of the previous touch screen phones instead?

Re: Apple Wins $539M from Samsung in Damages Retrial

#130
post #106

Earlier quoted context omitted.

Yes, but https://en.wikipedia.org/wiki/HTC_Touch And waaay before that https://en.wikipedia.org/wiki/Pocket_LOOX

That Touch was announced on 5 June 2007... the iPhone was announced on 9 January 2007.

June 5 is the release date, not the announcement date AFAIK
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