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? Read More