[ekafara]

The upcoming QNX phone could be in hot water if this keeps going on...

http://m.bgr.com/2011/09/12/other-designs-are-possible/

Apple and Samsung are at odds over patents. You might have read about it. In numerous courts, in numerous states, in numerous countries on numerous continents, the pair continue to file complaint after complaint. Apple says Samsung builds copycat devices that steal design elements from its iPad tablet and iPhone smartphone. Samsung says Apple�s mobile devices violate multiple Samsung patents covering communications standards. And round and round we go. Read on for more.

In the most recent development of note, a German judge on Friday upheld a ruling that will block Samsung�s local unit from selling the Galaxy Tab 10.1 tablet in Germany. In her decision, Judge Johanna Brueckner-Hoffman stated, �The court is of the opinion that Apple�s minimalistic design isn�t the only technical solution to make a tablet computer, other designs are possible.� Other designs are possible. The judge continued, �For the informed customer there remains the predominant overall impression that the device looks [like the iPad].�

Well that�s just a tough break for Samsung.

There is little question that the physical design of the Galaxy Tab 10.1 closely resembles that of Apple�s iPad. Much like the physical design of any given flat panel television resembles that of any other model. Much like the physical design of any given laptop computer resembles that of any other model. Much like the physical design of any given Blu-ray player resembles that of any other model. Much like the physical design of any given ballpoint pen resembles that of any other model.

Designs should be protected, though. Pilot and Bic should clearly be at war over the design of the modern toss-away pen. Samsung, Sharp, Panasonic and every other consumer electronics company that builds televisions should be suing the pants off each other, and of course Apple should get in on the action if it enters the space next year with an �iTV� of its own. In fact, Charmin should be paying the*descendants of a sixth-century Chinese man for every roll of toilet paper it sells.*And, of course, Apple should pay IBM each time it sells a Mac Pro in a sleek tower.

Speaking of Apple�s decision to forgo the investigation of other possible designs, I wonder how LG feels about the court�s ruling.

I�m no German judge, but the iPhone 4 certainly seems to borrow from the �smooth, simple areas� and �minimal design� seen on the Prada smartphone LG unveiled in 2006. The iPhone 3GS, iPhone 3G and the original iPhone resemble LG�s design pretty closely as well, but the iPhone 4 definitely bears the most striking resemblance to this 45-month-old handset. Come to think of it, the current iPod touch is a Prada clone too, and the iPad looks just like an oversized version of LG�s design. And I would wager that the forthcoming iPhone 5 will copy the Prada, too.

Of course physical design is just one aspect of Apple�s numerous complaints against Samsung and other competitors. Apple�s copycat claims extend past physical design to technical patents, and even to overall user experience. But this particular complaint focused on a protected Community design � or, �a design-related intellectual property right registered with an EU agency� according to*patent*expert Florian Mueller � and Judge Brueckner-Hoffman clearly believed that the physical similarity between these devices was grounds on which to ban the sale of Samsung�s tablet.

Again, designs and innovations need to be protected, but to what extent and at what cost? The current system is not sustainable. As end user pricing is forced downward and margins get tighter, companies like HTC, ViewSonic and Acer will not be able to turn a profit when they have to pay companies like Microsoft every time they sell a phone. Apple and Microsoft might see this as a good thing since less competition means sales of their products will balloon. But Apple�s products copy designs and infringe on patents too, as do Microsoft�s, and every victory these two patent bullies enjoy will open new doors for complaints their competitors will file.

The simple truth is that a system shaped by lawyers may not be the best system for corporations. And it is certainly not the best system for consumers. Things need to change.

In the meantime, sales of the iPhone 4, iPad and iPod touch should be banned immediately the world over. Apple obviously puts a tremendous amount of weight on physical design. So much so that it*allegedly tampered with evidence by manipulating photos of Samsung products to make them look more like Apple products.*Twice.

The LG Prada set a precedent, and it is quite clear that �other designs are possible.�

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[Crucial_Xtreme]

No way the i4 resembles the Prada. But it goes to show BGR isn't the Apple loving blog most claim it to be.

[lnichols]

I doubt you will see any phone company go after RIM on patents because RIM isn't suing people and RIM has an extensive patent portfolio. If you sue them then they can start digging into their extensive portfolio to find out what you are infringing on that they own. A lot of these Android integrators don't have a huge patent portfolio, and lets face it, motorola's Android implementation is the most Apple like.

[Duvi]

I doubt you will see any phone company go after RIM on patents because RIM isn't suing people and RIM has an extensive patent portfolio. If you sue them then they can start digging into their extensive portfolio to find out what you are infringing on that they own. A lot of these Android integrators don't have a huge patent portfolio, and lets face it, motorola's Android implementation is the most Apple like.

that is very untrue. i've used all and moto is the furthest from it.

have you seen the galaxy tab (both)? you see the cord they use to charge? i thought it was an iPad plug when i saw it.

[Alberta Blue]

BG Who?

The guys at BGR have a lot to say, but their crystal ball doesn't work any better than anyone else's.

[sivan]

Other designs are possible. Still, the original Tab even copied the iPad default wallpaper. It was willful copying.

[Blacklac]

What does this have to do with a QNX phone?

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[_StephenBB81]

No way the i4 resembles the Prada. But it goes to show BGR isn't the Apple loving blog most claim it to be.

in my opinion they all look very similar, though ALSO in my opinion they look different enough, BUT to say that the SG2 looks more like the Apple device, than the Apple does the LG device would have me question eye sight

[Blacklac]

I wonder if this is why RIM added physical buttons to the 9850/9860? Never thought of that as a reason why. I suppose if the 9850/9860 had only a trackpad, it would look very similar to the Samsung and we know what Apple thinks of that design.

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[Economist101]

The distinction lies in the fact that there was no business advantage in copying the Prada; no one was walking into a store looking for something like the Prada and coming out with an iPhone. But, with the iPhone's success, there is most definitely a business advantage in replicating it.

[_StephenBB81]

The distinction lies in the fact that there was no business advantage in copying the Prada; no one was walking into a store looking for something like the Prada and coming out with an iPhone. But, with the iPhone's success, there is most definitely a business advantage in replicating it.

BUT patent law is based on "previous art work" regardless of the popularity of said artwork,

The Prada was such a BAD phone, but the look is very similar.

[Economist101]

BUT patent law is based on "previous art work" regardless of the popularity of said artwork,

The Prada was such a BAD phone, but the look is very similar.

Perhaps. But the argument addressed in the article is more akin to "trade dress" than patent law. The two are not interchangeable, though both are forms of IP.

[ekafara]

What does this have to do with a QNX phone?

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If the QNX is going be similar to the PlayBook it will look a lot like the Prada, if you take all the buttons away.

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