Aug 6th 2012, 21:24:06
bad thing.
If apple wins, basically they will have the sole right to make phones which are retangular with rounded corners, which will mean the death of any smartphone other than the iPhone. Much as any company may wish the sole market share, if Apple has no competition, then there is no drive to make a better product, adn that is bad.
At the end of the day, there is NO way for the samsung or any other smartphone on the market for that matter to be confused with the iPhone. That means that Apple are in the wrong outright, as one of the fundamental principles of defending a design patent case, is that the opposing product has to cause confusion in terms of whpse product it is. If it was an actual clone of the iPhone, and looked identical whilst runing android, then yes it would be a breach of design patent.
Further, the judge in the case seems to be trying to set apple up for the win, in refusing to allow samsung to present ALL of the evidence demonstrating that they had designs for the current style of phone before the iPhone was released, which to me is a fundamental proof that samsung weren't copying anything.
The judge has aslo taken it upon herself to define terms about what means what, and whilst directing the jury that it should not be taken as meant to be biased to one side or the other, given that probably NONE of the jururs are going to have an actual clue about patent law, they are likely to follow the judges definition exactly, which could produce a biased result.
Apple already lost this exact same case in the UK, where a judge pointed out that the samesung products were distinctively different from the apple products, even going so far as to say that samsung's products "weren't coole enough" to be confused with apple's offerings.
It all comes back to apple simply trying to drive android out of the marketplace, no more, no less.
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