Reply to post: Re: A blogger did this ?

Apple: Samsung ripped off our phone patent! USPTO: What patent?

Paul Shirley

Re: A blogger did this ?

The overall design is a brazen Samsung knockoff, hard to conclude otherwise. The question is if it's so brazen it's infringing. There are no separate features so distinctive they deserve protection on an iPhone, only the combination. Yet the case Apple brought focussed overly on detail, instead of how the list of details adds up to 'passing off'. And they convinced a judge&jury to go along with them.

You can protect a collection of unprotectable parts if as a collection it's distinctive. Apple tried to scare off all competition by focussing almost exclusively on detail, both in court and LOUDLY in PR. They can't complain if the case then falls apart as the individual claims fall.

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