Re: And another fandroid pops up with a wildly over-simplified description of Apple's design patent
I'm pretty sure a design patent would include such things a geometry, proportions, look, texture and overall impression. Please correct me if I have miss-understood.
The geometry and proportions are nothing new as per the discussions above. The look is similar, but IMHO also pre-existing. The texture is noticeably different - Sorry Samsung, your phones feel cheaper. And the overall impression is different as decide in UK court that the galaxy tab appears "an almost insubstantial member of the same family" and does not have the same "understated design"
What all the legal wrangling comes down to is the worry that a potential apple customer might buy a samsung by mistake, and that is what any damages will be based on.
With your understanding of design patents (and the fact that your commenting here suggests your are reasonably tech-savvy) do you honestly think this is a significant risk.
Even my dear old mum who can no work the video recorder and puts a full stop after every word in text messages because she can't find the space button, said of my Galaxy S2 "It's not as shiny as that iphone but it looks much easier to hold" - Thus proving difference in look, feel and overall impression.
Even if Apple win this, and any subsequent appeal - Samsung will be able to go after Apple through court in a different territory (probably UK or mainland Europe) and win the money back.
The sad thing is the only winners are the lawyers, and on both side they have made some glaring errors and shouldn't command such ridiculous fees.