What would you decide if you were on the jury in Apple v. Samsung?


The jury is out, and soon we will get to see how this long saga turns out. I have my guess on how it will turn out, but it is such a complex area of law and there are so many issues to be decided that it is fair to say that your guess is a good as mine. What would you decide if you were sitting on the jury? Do you think Apple or Samsung should prevail?

Topic: Legal
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Vote Up (14)

I don't give Apple full credit for creating the smartphone, I just give them credit for refining it and giving it the current form factor with touch screen.  Much of the basic idea was fleshed out by Palm in the 90s, including a touch interface, and the Palm Treo 600 had similar basic capabilities to an iPhone in 2003, and included a colour screen. There were other predecessor wireless devices prior to the iPhone's release, although none offered everything that the original iPhone did.  Nokia made the 9110 Communicator in 1998, for example, which had a nice keyboard as well as wireless connectivity.  Poor old RIM came out with the BlackBerry 5810 in 2002, which had voice calling, calendar functions, email and internet connectivity AND a keyboard, with the same basic shape that continues with BlackBerries to this day.  To carry it further, Arcus was making rectangular tablets long before Apple, so if Samsung copied Apple, how did Apple not copy Arcus?  Dunno.  


Sure, Apple put all the pieces together into a slick package that actually worked quite well, but it didn't really invent the concept, it just took preexisting concept and integrated them into a brilliant product with multiple application available.  Unless Apple proves that Samsung copied something other than the rectangular shape (I'm being a bit glib, but I stand by the basic point), Apple shouldn't prevail in my opinion.  Invention is generally the aggregation and refinement of what has come before, and I would make the bar quite high to find that Samsung copied the iPhone - it uses a different OS, it has different applications and different specifications.  Sharing a basic shape and concept isn't enough for me to find in Apple's favor.    

Vote Up (14)

I'd rule in favor of Apple, hands down. Samsung clearly stole design ideas from them. If Samsung does not lose then what is the point of all the relevant laws? It will mean that any company can simply steal and copy the ideas and designs of another company with impunity. Why bother to even try to be innovative when someone else will steal it from you?

Samsung must lose this case.

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