This has been spoken about over and over (refer to the heated discussion yesterday which wasn't my intention - http://news.ycombinator.com/item?id=4431382 ). The core of the article again - looks at the concept of obviousness. Refer here - http://en.wikipedia.org/wiki/Inventive_step_and_non-obviousn... - "One of the main requirements of patentability is that the invention being patented is not obvious, meaning that a…
A world where every product is completely differentiated from its competitors is neither possible nor desirable.
You can't stop Samsung from making smartphones, they're significantly entrenched already, but you can stop a startup. This ruling is a validation of the patent system as it currently exists. Just as MPEG LA can prevent startups from competing in video, the range of smartphone patents are thick enough to prevent any newcomers into the industry.
If Apple owns bouncy lists and Google owns shadowy lists and RIM owns whatever it is they do, what is a startup to do? Come up with something that is different just to be different, hope that it's not patented by someone, as I'm sure trolls are rushing to patent every variation of end-of-list animations possible, or more probably, not bother getting into the business in the first place.