An interesting argument arose in the Apple-Samsung litigation related to Samsung’s F700 handset. As you know, Samsung sought to present this and other handsets – but the F700 in particular – as trial evidence of prior art that they were designing handsets akin to the iPhone before Apple got to announce its phone in January of 2007.

Judge Lucy Koh excluded that device and a bunch of other Samsung phones from the hearings, but Samsung defiantly publicized the slides yesterday, angering the Judge.

Apple had originally included the F700 as patent infringing in its suit, but later dropped it as it realized Samsung was working on this before the iPhone was released and especially after learning that Samsung applied for a South Korean design registration application in December of 2006, a month before the iPhone’s public unveiling.

Kill me but I just don’t see any similarities between the F700 and the iPhone, especially not ones that could establish prior art for either party.

Maybe you do?

Before you cast your vote at the bottom, first a little backgrounder.

In response to Judge Koh’s request to explain why it publicized excluded evidence, Samsung argued the move was in response to media inquiries, writing in a brief today that “Apple was allowed to inaccurately argue to the jury that the F700 was an iPhone copy”.

So the F700 establishes that Samsung’s designs for it predate the iPhone, right?

Note so fast.

The iPhone was announced on January 9, 2007 at MacWorld Expo in San Francisco.

Samsung pre-announced the F700 via a press release issued a month later, on February 8, 2007, which also promised that Samsung would show off the handset at Mobile World Congress in Barcelona, Spain.

So the fact remains that Apple announced its iPhone before Samsung took the wraps off the F700.

As for Apple, the company had originally asserted that the F700 copied the iPhone’s design.

Here’s the F700.

And this is the original iPhone.

Some similarities, eh?

As The Verge’s Nilay Patel noted last April, Samsung’s device has a physical QWERTY slider keyboard whereas the iPhone is all-touchscreen design that involves virtual keyboard.

Both have a touchscreen, the iPhone’s is 3.5 inches and the F700’s measures 2.78 inches diagonally. The iPhone understands multi-finger gestures and the F700 does not.

The F700 doesn’t even run Android.

A year later, the iPhone would gain ability to run Apple-sanctioned third-party apps through the introduction of the App Store as part of the iOS 2.0.1 firmware update released on July 10, 2008 through iTunes.

Samsung’s device doesn’t run third-part apps.

It’s a dumbphone.

The F700’s homescreen is also notably different than iOS.

Patel sums it up nicely:

Let’s look at the F700 in a different context. Instead of looking at the similarities, let’s try to highlight the differences.

With that in mind, cast your vote now.

On a related note, Apple had on its board of directors then Google CEO Eric Schmidt while the iPhone was being developed.

I wonder how long before Apple brought this up in the courtroom.

Feel free to explain your vote and post additional observations down in the comments.

  • The Galaxy S is a blatant copy of the iPhone.

    There is a spelling error. “Note so fast”

    • Robert Kegel

      Come on, give me a break, the Samsung is a wisescreen tablet and the ipad isn’t. Get some real glasses and take off the apple distortion ones.

      • Dude. Nobody is talking about tablets now…

      • Who said anything about a tablet? Oh yeah, you. Not me.

      • …I wish my tablet had a wise screen…

  • Robert Kegel

    The F700 came out about the same time as the iphone and on top of that it was filed in 2006 before the iphone so no its not a copy.

    Christian Zibreg Seriously? You don’t see that side to side they’re both the same shape and both have one button. Its the same thing that apple is suing over. The iphone looks as much like the F700 as it does any other phone apple is suing over. On top of that the F700 has a row of icons…maybe not as colorful as the iphone but the row of icons is still there.

    Can anyone explain to me why the judge threw this clear evidence out the door? The only thing I can think of is either she’s getting paid off or she’s an apple fangirl and will do anything to make sure apple wins. I mean the explanation given wasn’t a good one. The F700 was filed in 2006 so that shows they had a phone made right? It was just being tested for bugs and such. Now even so is a month enough time for Samsung to make major changes to copy the iphone? It takes a while for a company to make a phone. Now say they did. What did the phone look like before the possible changes were made? Show us a picture of the F700 that was filed in 2006 or at least show us pictures of the F700 the day after the iphone came out. Doesn’t the court have to prove that Samsung made physical changes to the F700?

    This sounds like one big snow job.

    • goofygreek

      Im thinking the judge got paid off. Also, its funny how apple was suing over the f700 design, and then dropped it because it was made before the iphone. If the judge gets enough pressure from the people, or the jury, i think the f700 will be reintroduced as evidence. Also, i can see samsung suing the judge over this because this was their evidence that they didnt copy the iphone and it got thrown out. That is if they loose the case.

    • Jordan Dixon

      It was thrown out because Samsung didn’t get it in before the deadline. If this happens, it’s law to not allow it as evidence in that case.

      • Robert Kegel

        If thats the case then Samsung screwed up. The F700 should have been the first piece of evidence they should have put in. If they loose then hopefully they’ll appeal and get the F700 put in, then win the case.

        The thing that bugs me most about this case is that I think patents should be shared. Sure companies should make money off of licensing, but they should be shared. apple doesn’t want to share, they just want to stop Samsung, HTC and every other company that makes Android phones to stop using patents they claim are being stolen.

        Some people may think “its up to the company to want to share or not” but if all companies refused to license their patents we wouldn’t have different types of cars, or computers, hell AMD wouldn’t even be around to compete with Intel. A lot of the technology we have now would be just owned by a small group of companies and prices would be higher because of lack of competition. Also a lot of these companies add something to the products they make with the patents they use. If companies didn’t share their patents we would have fewer companies to evolutionize products.

    • Bravadu

      “You don’t see that side to side they’re both the same shape and both have one button.”
      Except the F700 has a slider keyboard with a full qwerty keyboard, so they’re quite different.

      • Robert Kegel

        Read what you wrote and honestly say it makes sense? Sure its a slider and its different but with the slider closed and looking head on they both look alike. It doesn’t matter if it has a slider or not.

        Even apple had this phone on their list of evidence but when they found out it was registered earlier they took it off. Probably waited till last minute in hope Samsung would not have enough time to re-file it and they didn’t.

        If it were the other way around and the iphone was registered first and shown off I wouldn’t be happy but I would agree that Samsung copied, but that’s not the way it happened.

      • zawarudo

        Yeah. So no Samsung phone is similar to iPhone, since all of them run Android, so they’re quite different.

  • Apple is fighting design infringements, so this has 100% standing in the case. Yes, this phone looks like the original iPhone, AND the patent was BEFORE the first iPhone was unveiled. It doesn’t matter that the F700 was unveiled after if the patent was applied before. Seriously dude, you can’t state the facts then go “But it was unveiled after, so clearly they copied.” Fanboyism to the extreme.

    • Robert Kegel

      I don’t get how Samsung copied the iphone. Just the filing of the patent alone shows that they had that particular look in mind before they even thought the iphone was coming out. Even if they didn’t is a month enough time to make changes to a phone? It takes a long while to make changes to the physical aspects of a phone.

      I’m not a Google fanboy, I don’t even own an Android phone or tablet. I see with my eyes and what I read. I read that it came out a month after the iphone and to me its impossible for Samsung to make any drastic changes to the phone in that amount of time. Since Samsung started working on the F700 before the iphone came out they didn’t even know the iphone was in existence when they were working on the phone, they could not have copied.

      • Exactly my point. The way she’s ruling, this case is easily headed to appeals after she rules, and this is a prime example why it’s going to be appealed.

      • Robert Kegel

        I can just imagine this conversation

        Apple lawyer 1; Hey this F700 looks just like the iphone, we should bring this in as evidence.
        Lawyer 2: No we can’t, they were working on it before apple made the iphone, and on top of that they registered it a month before the iphone was announced.
        Lawyer 1: Oh shit, we better get this squashed, this could ruin our whole case if this phone gets in.

      • einsteinisgaurav

        i guess samsung should sue apple for copying F700 and making iphone out of it 😀

      • Robert Kegel

        If apple wins most likely apple will appeal and win on the appeal. The only unfortunate thing about this is it’ll take a long time for the appeal and if Samsung is banned from making Android devices it could be a while before we see another Android device from them. The good thing is that if Samsung isn’t making Android devices then they’ll probably spend most of their time making Windows Phone 8 and Windows 8 devices.

        Now if Samsung looses this case and has to pay 2.8 billion dollars hopefully if they win on appeal they sue for more than 2.8 billion dollars.

        I’m guessing Apple still has a contract with Samsung over the hardware Apple uses for their devices. I wish Samsung would try and get out of the contract and stop letting Apple use their hardware. Sure Apple would go somewhere else but it would be a pain and may take a while. I’m surprised companies see how Apple treats their partners and still want to be partners with them. If I owned a hardware company I’d pass on Apple.

      • einsteinisgaurav

        i think 2.8billion is pocket change for samsung…

      • Apple has 118 billion in cash and make long-term deals with suppliers for the millions of iOS devices they ship each year. Companies aren’t interested and don’t care about how one company treats another, they care about how much money they can make supplying parts. THAT’S why Samsung STILL has deals with Apple to make parts for them and why no matter what the outcome of this trial will continue to bid on contracts with Apple for parts. It’s also apparent why you don’t own a hardware company. It’s business and you leave your feelings at the door when it comes to who makes what for whom.

      • Bravadu

        Samsung’s different departments, to quite an extent, operate independently. Good luck getting A to forgo billions to benefit B.

  • What they absolutely copied off is the hand. 😛

    • only to find out later that they are holding it “wrong” 😀

  • Neither of these phones is a copy of the other .. Samsung phone is still using a keyboard as for the iPhone it made the touch screen phone the phone that all other phones have become…. BETTER..

    • Techpm

      Exactly! Why do so many ignore that big stonking KEYBOARD.

      • Robert Kegel

        Its not the point. With the phone closed sure it may be thicker but from front view they do look similar, the basic shape and the button. The fact is that Samsung developed theirs first.

      • The Samsung phone was made first but didn’t come out till after the iPhone .. Apple would of had there iphone made and the design would off been chosen way before they showed it to the world… In other words it’s just a fluke that these phones look the same..

      • Robert Kegel

        I’d even live with that. Neither would have known each others design. Everyone in the world just knows Samsung didn’t copy the iphone.

      • zawarudo

        Because it’s irrelevant to Apple patent and similarities claims.

  • FUCK all these patent wars copy or not copy I DON’T GIVE A DAMN i like the iphone and that’s the important thing here!

    • einsteinisgaurav

      no dude….the makers of the iphone treat people in a bad way….even they treat their developers, book authors, etc in a bad way…..they are gonna treat u too in a bad way someday! they think they are awesome….but they are just a$$h0les with fancy japanese designers 😀

      • Bravadu

        no dude, the makers of the iphone gives me updates, curate the app store for me, and so on.
        Not like the malware-ridden store of its main competitor and phones that sometimes literally take a year to get ice cream sandwich and nothing afterwards.

      • vivinnerjo

        You are pretty naive if you believe that your apple product (no matter what) is safe. Or do not read the news. Several issues in App Store and Trojans on Mac.

        Forbes made a test regarding app crashes between IOS and Android. 214 million crashes was tested. 75% of the total was IOS. Might be related to the quality of apps?

  • It was the first attempt… Samsung always copied other phones. Apple was not the only one. Just wast some time and Google. From Nokias to Blackberry’s… Samsung copied almost every brand. They are so genius that they have failed with the bada OS.

    • Bravadu

      Samsung literally has hundreds of phones. They’ll copy everyone and anyone who makes phone.

  • The F700 looks like a Galaxy S with a smaller screen and no capacitive back and menu key.

    You can’t argue it doesn’t, then argue the Galaxy S looks like an iPhone.

    Kill me but I just don’t see any similarities between the F700 and the iPhone, especially not ones that could establish prior art for either party.”

    Just die already.

  • maurid

    The F700 was shown to the public AND was released BEFORE the iPhone. How could it POSSIBLY be a copy of the iPhone? How is that physically possible, Christian?

    • don’t you love getting down votes for using common sense? that’s some butthurt coming from the iSheep right there.

      • einsteinisgaurav

        we will make sure @maurid:disqus gets thumbs up! 😀

  • I would prefer Samsung claims similarity with Dopod 838 Pro / HTC Wizard 110 than compare F700 to iPhone…
    If HTC Wizard was a smartphone enough, i won’t even call F700 a smartphone….
    its a pseudo-smartphone dumb phone…

    just as much as the Chinese likes to cheat in Olympic, the Korean is not far behind from pretend to be

  • Isn’t the galaxy S more of a copy, than that F700? or is it just me?

  • I’m sure it takes a no brainer with eyes to see that the galaxy handsets by Samsung are blatant copies of the iPhone. There’s no need to keep giving evidence with the hope to evade the lawsuit.

    I’m an Asian but I’d have to admit that Asians do whack copy job better than anyone else in the world.

    • Hyr3m

      Are you trying to justify the judge’s decision because you share the same last name ?
      Seriously, Apple’s lawsuit was ridiculous in the first place but now this “rectangle with rounded corners and a single button in the bottom center” has prior art and prior patent filing, the judge is just not doing her job. Even the edges have the same rounded aspect… and you can’t protect a flat edge design by patent (unless you can patent round pancakes too).
      Also, Christian : your poll is as stupid and biased as you are. Please stop being a douche.

      • We Asians must support Asians but not Samsung! Go Lucy, go!

  • The front of the f700 reminds me of most of their smartphones. One button. Square shape. Prior art

  • Irfan Tarique

    The phone after the iPhone looks more like an iPhone

  • screw apple google+android+samsung = Rocks

    • Bravadu

      if by rocks you mean after 2 years it’s a rock that you chuck into the garbage, then yes.
      However, you can sell a 2, 3 or even 4 year old iphone on ebay or craig’s list for a few hundred dollars.

      • michael sinor

        Yeah, but sadly that also means you had to put up with using it that long. JK, and please recycle your used electronics.

      • das

        lol @ your votes down ,u lose fanboy itard

  • Wael Abdo

    i think all phones copied the iPhone, not just samsung! maybe not the device itself in some cases, but the idea and breakthrough for sure.

    • The logic gene clearly was not passed down in your family. If LG and Samsung had the shape and design out BEFORE the iPhone, then how did they copy? Shiny, black, rounded corners, icons in a grid, touch screen… so what is it that “all phones copied”???

      • Wael Abdo

        There’s lots of innovations copied, iOS itself, AppStore a true smartphone and lots more. If u were living on earth you would have realized that! Icons in a grid! That is very old, it’s not looks they copied! It’s functionality, mentality…

      • Yet the iPhone wasn’t the first “smart phone,” didn’t have the first touch screen, and didn’t have the first “App Store” by far. Yeah, so innovative…

      • Wael Abdo

        that depends on how each person defines “smartphone”, “touch screen” and “app store”. and if, as u say, it lacks innovation, what is the reason to their success and why do everyone follows their steps so accurately?

      • smart·phone: a device that combines a cell phone with a hand-held computer, typically offering Internet access, data storage, e-mail capability, etc. RIM had the Blackberry WAY before the iPhone.
        touch·screen: a touch-sensitive display screen: touching different portions of the screen with a finger will cause the computer to take actions determined by a program. There have been touch screens since the late 80’s.Those are both from “app store” is a common interface for a collection of applications, all in one place. Google had Google Apps in 2002.
        Even Steve Jobs said that Apple doesn’t necessarily “innovate,” they just makes things easier to use and implement them well. That’s why they keep in business: they put out easy to use, well thought out products (usually).

      • einsteinisgaurav

        i remember blackberrys too were having round corners and were rectangles…..and blackberrys exist atleast 5-6 years before iphones…..i also remember the dopod and htc phones which were launched in 2005! while iphone was nowhere near launch then….and still apple wants to sue samsung….i would never buy an apple product….ever!

    • einsteinisgaurav

      iphones do not have NFC! iphones do not have google wallet!
      now if all companies in world manufacture mid size cars, would u consider that as patent infringement? by the way, all desktop cpus and monitors look same! they are rectangles! also the laptops look same too!

  • Um the guy who wrote this article is either blind or has stock in Apple. You sir are a moron if you think the F700 bares no similarity to the iPhone. It looks almost just like it, but predates it by at least 6 months! Judge Koh is sucking Tim Cook’s d**k, and it’s evident that she thought the evidence that was leaked would help Samsung, because of the fact that she got so mad about it getting leaked. It tarnishes her reputation to the general public, and she didn’t want that. She knew it would help Samsung beat Apple in court- That’s why she had it thrown out. I never even knew about this phone (F700) until now, but after seeing it, I know surely that if the Jury got ahold of it, Apple would have NO case against Samsung. So did that whore Koh. That’s why she’s so mad that people are looking at these pictures and are floored that she simply will not Allow Samsung to Defend itself against her beloved Apple. F**K Apple

    • Bravadu

      umm AAPL is 5% of the S&P 500. Meaning that if you have 100k in S&P mutual funds, you have 5k in AAPL.

  • Lol. Why would samsung want to copy an iphones design really! haha

  • wayne

    In the poll notice how insulting the 2 options are stating that the iPhone is not a copy to the Samsung, old pick up vs a Ferrari, clunky dumb phone vs thin sleek smartphone. Its like the writer is trying to say “man if you say it is a copy then you’re just a dumbass”. Facts, look at the menu position of the icons. Look at the home button on the front. The size of the phone itself (not just the screen) is incredibly similar and even apple we’re going to say it was a copy till they double checked the dates. This is a highly biased article from a highly biased magazine, this is not a magazine whose opinion I’d ever respect nor is it a magazine I’d ever spend money on!

    • Bravadu

      Except the F700 has a slider keyboard with a full qwerty keyboard, so they’re quite different.
      It’s like saying the original motorola razr flip phone, when closed, looks like the iphone.

  • zawarudo

    Obviously the first iPhone is a Samsung F700 copy. At least in Apple’s terms (rounded corners, aspect radion, simple home button, etc). No wonder that probably paid off judge didn’t want to include it in hearings.

  • You lost me as soon as you said “dumbphone” not a word. Go read some books…..

  • vivinnerjo

    Anger is not good and tells me you are about to loose.

    Words copied from the test:
    “Crittercism analyzed a total of more than 214 million app launches from November and December 2011 from apps that use its service (see graph at top of this article). There were about 3 times more app launches for iOS that Crittercism analyzed, about 162 million to 52 million.
    But the analysis examined app crashes as a percentage of each app launch, so this data takes out the issue of there being more iOS than Android apps.
    In other words for each iOS app and each Android app how often
    percentage-wise do they crash”.

    Get the hole picture and not just what you like to belive.

  • rfa


  • iKrontologist

    Chris is seriously delusional here. Especially dumbing up the poll in Apple’s favor. What do you call buying Apps from Carriers for your phone or Java Apps for WinMo phones….. eh? Yeah you are F… U. in the head Chris. Go get that nasty brain tumor removed or is that your brains I smell burning here?

    All Samsung was wanting to do was prove they were working on a designs other than those Apple was allowed to say was all Samsung was working on. Which they had already announced SGH-Z610 in January 2006 as a better phone than iPhone with IR remote, front n back cameras, 3G (and that’s by the manual submitted to FCC, not bogus information Apple was saying). But they were late… and they were denied submission of all that prior art evidence by being 2 days late…. WTF?!? Give me a break!

    But hey…. no problem, because they handed Samsung’s lawyers so many legal problem with rule of law, that Samsung’s Appeal is a surety! lol… see you in court crying over your precious Apple’s losing on appeal for the other Patents. By the way, you do know that Apple LOST….. on all Design Patents? :DDD …..even that lame backpocket paid jury could figure that out!!!

  • zawarudo

    What OS the phone runs or if it has keyboard or not is completely irrelevant, since Apple sued Samsung for copying the design, whereas it was Apple which copied Samsung.

    And I guess you have something with your eyes, if you don’t see similarities.