Apple Sues Samsung Because Galaxy Tab Looks Too Much Like An iPad

from the oh-come-on dept

We’ve noticed that Apple’s been getting a lot more aggressive when it comes to proactive patent infringement lawsuits lately, so it’s not all that surprising to see that it’s now suing Samsung for patent and trade dress infringement over the design and packaging of the Samsung Galaxy phone and tablet. I haven’t seen the full filing yet (for reasons unexplained AllThingsD mentions the filing, and has a screen shot, but didn’t post the full filing), so perhaps there’s more to this than what’s described in the existing coverage. However, from the screenshot, it looks like Apple is asserting design patents, instead of utility patents. Design patents are pretty limited and a lot more like a trademark than a traditional patent. I’d be interested to see if there were utility patents included as well, and will post an update once I’ve seen the filing.

That said, this complaint seems pretty silly. Yes, lots of smartphones mimic the basic look and feel of the iPhone these days. But, Apple itself copied many of the design features of the iPhone from others as well… and, let’s face it, Apple owes much of its history to copying the look and feel of a graphical user interface that Steve Jobs saw while touring Xerox PARC. Why can’t Apple just focus on competing in the market place, rather than worrying about what competitors are doing? And, to be honest, this lawsuit actually makes me more interested in checking out those Samsung devices, because it signals to me that it may actually be getting “close” to the design quality associated with Apple’s devices…

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Companies: apple, samsung

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Comments on “Apple Sues Samsung Because Galaxy Tab Looks Too Much Like An iPad”

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42 Comments
MrWilson says:

Looking at the images, it seems like Apple is asserting that they own the rights to thin devices with rounded corners. Just because you’re the first doesn’t mean your design wasn’t derivative.

“This kind of blatant copying is wrong, and we need to protect Apple?s intellectual property when companies steal our ideas.”

Rounded corners are “ideas?” That’s a basic design aesthetic. Please pay royalties to the first caveman who rounded off the corners of his stone tablet and then we can talk about protecting your “ideas.”

Or if you want a more recent example, clipboards have had rounded corners for a while and tablet computers are pretty much computers in the shape of a clipboard.

el_segfaulto (profile) says:

I have to agree with Apple on this one. How many decades of research and development did we have to go through to go from square corners to rounded? It was a quantum leap and Apple needs to be rewarded for that kind farsighted thinking. And how many of you armchair quarterbacks would have thought to line up your icons in a grid pattern? Personally, I had been doing it in ley lines on a Cartesian plane using the birthdate of the girl I’m dating at the time as a seed for a complex algorithm involving the closing Dow Jones average, the phase of the moon, and the number of times I have to unlock a user’s account because of sheer stupidity throughout the day. I don’t mind telling you that it was difficult, so huzzah Apple, huzzah.

Steve says:

Re: Re:

That was after they lost the lawsuit. Jobs didn’t offer Xerox stock and ask if he could take the technology” to market.

Now I’m not too good with dates, but I’m pretty sure the Xerox suit came after Apple sued Microsoft for copying the look and feel that they had previously copied from Xerox.

ChurchHatesTucker (profile) says:

Re: Re: Re:

The stock was exchanged for the right of Apple to tour (and use) tech in Xerox PARC labs. That was pretty cut and dry.

The suits happened later, while Apple was suing Microsoft for copying its GUI. Xerox sued Apple a defensive move to prevent a (potentially) victorious Apple making similar claims on Xerox.

Xerox’s suit was dismissed, and Apple (largely) lost.

Matthew says:

Re: Re:

“…and all words starting with a lower case i.”

If only that were a joke!

I think the sentence “…it signals to me that it may actually be getting “close” to the design quality associated with Apple’s devices.”

Should read “…have surpassed the design quality associated with Apple’s devices.”

Atkray (profile) says:

Possible explanation

“Why can’t Apple just focus on competing in the market place, rather than worrying about what competitors are doing?”

I watch exactly 1 hour of TV a week and listen to about 40 minutes of radio a day while driving.

In the last few weeks I have been subjected to advertisements for the iPad 2 enough to annoy me. The thing is I don’t remember ever seeing an ad for the first iPad.

I have a feeling that Apple’s focus on competing is an ugly image of failure in what is an increasingly competitive market.

Consequently the lashing out.

el_segfaulto (profile) says:

Re: Possible explanation

My TV watching has gone up lately (March Madness and the NBA playoffs) normally I just watch Mythbusters and Big Bang Theory. There have been a plethora of iPad commercials to the point where I’m sick of seeing it and hearing it called “magic”. I know Apple sells this mystique, but the fact that they’re even bothering to show commercials tells me that they’re nervous.

Anonymous Coward says:

Apple itself copied many of the design features of the iPhone from others as well… and, let’s face it, Apple owes much of its history to copying the look and feel of a graphical user interface that Steve Jobs saw while touring Xerox PARC. Why can’t Apple just focus on competing in the market place, rather than worrying about what competitors are doing?

He’s suing because he’s got nothing to lose, (unless he gets a new one) and with others making copies, they (apple) will lose in the market.

If you recall Windows lost to Lindows a few years back and paid them off to basically go away.

Adrian Lopez says:

Re: Re:

“A lot of people mistakenly believe that interfaces are mere decoration… right up until they have to come up with one.”

I agree. Interfaces like the iPhone’s are more than mere decoration, being in fact primarily functional in nature. Trade dress isn’t supposed to cover functional elements, so Apple really shouldn’t win its case against Samsung.

Cowman Mau says:

Laughable

Oh Apple sues Samsung, thats hilarious.
Those naughty thieves …… oh but wait.
What about when Apple needed Samsung for the components to make their all so original designs?

Hmm, I too would like to see them bring a Technology Patent suit to court claiming infringement, via utility or otherwise.
Given that they’ve been pretty much in bed with one another for some time.

The only thing this signals, is a distancing in the relationship. Because Samsung is now a REAL COMPETITOR, were no longer friends.

Oh booo hoo.
Grow up! I thought you were classed fruit, not a vegetable.
Innovate or die!

Adrian Lopez says:

Trade dress is such a messed up concept. Nobody who buys a Galaxy thinks they’re getting an iPhone. In a sane world that would be enough to get Samsung off the hook for trademark infringement. It’s really very simple: If it doesn’t say Apple then it’s not an Apple product.

In Apple’s hands, “trade dress” is just an anti-competitive tool meant to prevent competitors from having interfaces with similar functionality to their own.

Not an Electronic Rodent says:

Gosh I love these

I’d be interested to see if there’s anything more to this, but from what’s there:

Samsung?s Galaxy Tab computer tablet also slavishly copies a combination of several elements of the Apple Product Configuration Trade Dress,? Apple says in its suit, noting that Samsung?s tablet, like Apple?s, uses a similar rectangular design with rounded corners, similar black border and array of icons.

So… not at all like the predates-the-iPhone HTC in my pocket which has a rectangular design touch screen with rounded corners a black border and a grid-array of square-ish application icons on the OS…. oh, wait a minute….

And, to be honest, this lawsuit actually makes me more interested in checking out those Samsung devices, because it signals to me that it may actually be getting “close” to the design quality associated with Apple’s devices…

Yep that was the first thing that occurred to me too. “Pay no attention to that infringing man behind the curtain…..”

Eric says:

We have every right to copy you and make a buck.

Seriously, there is a difference between competitors and blood sucking leeches. It?s not competition to clone somebody else?s product and sell it as your own. Either Samsung violated patents or it didn?t and if it did it should pay, regardless of who?s suing. You can talk all you want about ancient history and XEROX PARC, but the Mac looked nothing like what XEROX had.

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