Apple vs Samsung day 2: rectangles, prior art, finger pointing, Android redesign

By , Jul 31, 2012

With the ten-person jury selected, a plenty of tidbits hit newswires as Apple and Samsung locked horns this morning inside a San Jose courtroom. Samsung is basically saying that Apple didn’t invent the rectangle, while Cupertino insists that Samsung lifted the best iPhone ideas.

Before Apple could portray itself as a smartphone underdog in the opening remarks, the packed courtroom received an 18-minute video primer on how the patent system works, seen right after the break.

Coincidentally or not, in what could foreshadow a major design change for Android amid heating patent wars, Google has filed for an interesting patent which promises to bring radial menus to its mobile operating system and Chrome devices…

Apple began with an internal Samsung product analysis which said the iPhone’s hardware was “easy to copy” and an observation that a failed iPhone launch could have ended Apple as a company.

Per Apple’s lawyers:

Apple had absolutely no name in the field, no credibility. The iPhone was an entry that had it gone bad, could have ended the company’s future.

On January 9, 2007 when Steve Jobs and Phil Schiller went through that presentation, they were literally betting their company.

But first, here’s the 17-minute video overview called Introduction to the Patent System that usually gets shown to jurors in patent jury trials so they could get a better understanding of what patents are, how inventors get them, the role of the Patent and Trademark Office and why disputes over patents arise.

The video was developed with the assistance of an advisory committee of district judges and patent attorneys. It isn’t mandatory as the individual trial judge gets to decide whether or not to use this video in patent jury trials.

Back to the trial.

AllThingsD relays Apple lawyers’ words:

As we all know, it’s easier to copy than to innovate. Apple had already taken the risks. Samsung refuses to stop using Apple’s technology.

The copying, lawyers noted, began with Samsung’s Galaxy S smartphone.

Samsung attorney Charles Verhoeven fired back:

Unlike Apple, that makes only one kind of phone, Samsung makes all kinds of phones for all kinds of people. Apple didn’t invent that [rectangular smartphones]. That was already out there.

AllThingsD has more:

There has been an evolution in technology, Verhoeven said, with technology allowing for more features. “As that functionality increased, the entire industry moved to [larger screens].

No one, he said, was going to want to watch movies on tiny screens, so screens got bigger.

He also said:

It’s not just Samsung. The evidence will show it is the entire industry. Everybody does it in the commercial marketplace. There’s nothing wrong with that.

Samsung is not some copyist. Samsung is a major technology company that develops its own innovations.

Verhoeven also pointed out that the iPhone uses about twenty components made by Samsung:

The guts that make this phone work, the flash memory in the phone, the main memory in the phone, the application processor in the phone, they are all supplied by Samsung. Clearly, Apple thinks Samsung invented something.

Apple predictably in its opening remarks showed this graphics in an effort to prove that Samsung was in a “crisis of design” because of the iPhone, which Apple argues has had a lasting impact on all smartphones that have come after it.

An attorney for Apple asked, according to Reuters:

How did Samsung get to here in 2006 to here in 2011?

The Cupertino, California gadget maker argues the 22.7 million devices Samsung sold infringe upon its patents. These devices brought in $8.16 billion in revenue for Samsung, taking $2 billion in profits away from Apple.

Because of this, Apple is seeking up to $2.25 billion in damages.

Samsung on its part argues Apple didn’t invent the rectangle.

The South Korean conglomerate, which won numerous design awards for its products, also has infographic up its sleeve to prove that the Galaxy lineup and other phones are descendant from its pre-iPhone designs, and not from the iPhone, as seen below.

Samsung’s graphics is basically meant to prove that the company created prior art itself.

Another unpleasantry for Apple: LG’s Prada design from 2006 had a candy bar form factor with a rectangular all-touchscreen face akin to the iPhone.

In its pre-trial brief (via OSNews), Samsung noted that it had developed and brought to market its F700 phone before the iPhone came along. That phone can be seen in the bottom-right, along with other devices Samsung had considered putting on the market at least six months before the iPhone was announced.

When Apple learned of this, its lawyers dropped the F700 from their list of allegedly infringing products.

Additionally, Samsung was working on phone interfaces which resemble PalmOS in the summer and fall of 2006, before the iPhone was released.

As for Google, the search Goliath apparently warned Samsung against copying the iPhone too much.

Interestingly enough, PatentBolt just highlighted an interesting patent application which indicates that Google is beginning to feel the heat and is thinking about a major redesign of the Android user interface meant to alleviate concerns that Android, in Steve Jobs’ words, is “a stolen product”.

The document details radial menus in Android and Chrome Operating System which appear when swiping from the edge of a device.

There’s just one “slight” problem with Google’s patent application: Apple has filed two patents for basically the same thing in years past (here and here).

And you thought legal stuff was boring.

As for the who-copied-whom, that’s for the court to decide.

On a related note, Microsoft is reportedly willing to settle with Google and Motorola over Microsoft’s patents that Android infringes upon.

Perhaps Apple will do the same with Samsung (or Google/Motorola, if it comes to the direct Apple vs. Google legal struggle)?

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  • http://www.facebook.com/devnath.devonic Devnath Devonic

    This is going too far …

  • http://twitter.com/oneBurge Burge

    Samsung needs Apple and Apple need Samsung (at the moment) you both owe each other for something …just shake hands and call it quits….. I’ve had enough of this now….

    • http://www.facebook.com/bunna.chea.5 Bunna Chea

      That probably the best idea

    • http://twitter.com/Pitchy Pitchy

      damn skippy… agreed wholeheartedly

  • Loopthree

    Radial menus have been a labs option in the stock android browser for a while now.
    I think they’re pretty good.

  • Howard Ellacott

    Samsung should just streamline its company and simply become Apple’s manufacture! Apple uses its amazing designs, and Samsung use their building abilities for all apple stuff, not just bits. Ta-dah, problem solved.

  • http://www.facebook.com/grantster5405 Grant Lawrence

    What’s ridiculous is how the galaxy released just after the iPhone not only copied the phone, but also the packaging, charger, usb cable, etc. Look at how identical the icons and icon layout are on the samsung phone, minor details like that they could’ve switched just a minor bit making them a little more unique. The news about all those customers who accidentally bought galaxy tablets mistaking them for iPads says it all. I compare this to a student in school copying someone else’s book report not only stealing their idea, but copying it word for word..

    • http://www.facebook.com/bunna.chea.5 Bunna Chea

      Sound like an apple fan boy right here, who would ever mistaken and iPad with galaxy tab unless that person walking into the store with their eyes close.

    • http://twitter.com/Jack_maredit Jackson Grong

      I Agree 100%

  • SoCoMagNuM

    theres cars out there that “look” the same, “drive” the same, “feel” the same….i dont see them suiing each other over bogus claims. apple is taking a bit to far witht these claims and monotnous patents. its funny how they claim sumsung is copying them when the heart of their phones contain sumsung products….bite the hand that feeds ya smh

  • http://www.facebook.com/xxLIUZHENYUxx Liu Zhenyu

    Oh now stating the obvious is an apple fanboy, u are are typical fandroid bunna. It is so obvious so get out and go some other Samsung blog, not mentioning they had a sudden boost after the iPhone.

    • http://twitter.com/Pitchy Pitchy

      Apple elitist attitude there buddy… I love Apple, I love Android, hell, I will even admit to enjoying Metro from WP7 / Windows 8. Like it or not, Android’s success will benefit iOS. Each update from both camps forces each other to come up with something new and exciting.

      I don’t understand how people can be so incredibly loyal to a company or a product and not even bother looking at something else. That goes for lots of things, Coke/Pepsi, Ford/Chevy, OS X/Windows, iOS/Android. Each have their merits, each have some downfalls.

      • kennymilo

        Sudden boost after the iPhone? Its called competition my friend. Apple fringe out a product,other companies try to do better. That’s why Samsung is succeeding because they do it better and that scares the hell out of apple they wanna destroy competition. I pray they lose.

  • http://www.facebook.com/profile.php?id=1849765376 Jordan Rushing

    This was by far one of the most interesting articles I’ve read so far. I’m going to reserve my opinion until after the trial is over, seeing as how at this point my opinions and views are shifting so suddenly reading all this that I just don’t know what to think.

    • http://www.facebook.com/profile.php?id=714859472 Rajvir Singh

      I already know the result, Apple will win. Why? Because they own the judge’s ass. Samsung provided proof of prior art that should have ended the Validity of Apple’s design patent but the Judge rejected the Proof saying, ITS TOO LATE TO CONSIDER THAT, and asked Samsung to DESTROY the proof. Yep, That’s Lucy Koh for you right there. She wants to be the most popular Judge on the planet even if its for the wrong reasons..

      • http://www.facebook.com/profile.php?id=1849765376 Jordan Rushing

        But Samsung did anyway and now nothing the judge says can change that. It’s up to the court to decide now.

  • Irfan Tarique

    Apple is going to win this shit

  • http://www.facebook.com/luisreyespr Luis

    I find so intriguing the Samsung Phone Designs; if you search deeper, it would be interesting to see how many of those prototypes got a physical keyboard hidden behind.

  • Tronjheim79

    I’m going for Apple.

  • CoCoCalypso

    Apple removed one of the phones from their list of allegedly infringing products because it came out before the iPhone did?

    I’m sorry, but doesn’t this blatantly point out that Samsung had the design out before Apple? Seems to me like that’s all anyone would need see that this whole thing is ridiculous. Samsung had multiple Devices out that look like the iPhone before anyone knew what the iPhone actually looked like because it hadn’t even been announced yet.

    So who copied whom?
    Looks like everyone copied PalmOs…

  • http://www.facebook.com/profile.php?id=714859472 Rajvir Singh

    I already know the result, Apple will win. Why? Because they own the judge’s ass. Samsung provided proof of prior art that should have ended the Validity of Apple’s design patent but the Judge rejected the Proof saying, ITS TOO LATE TO CONSIDER THAT, and asked Samsung to DESTROY the proof. Yep, That’s Lucy Koh for you right there. She wants to be the most popular Judge on the planet even if its for the wrong reasons…