Originally Posted by Law Talkin' Guy
That’s pretty compelling. For design patents, the bar is quite high for prior art to look like the patented design. Just remember that one must compare the 2001 tablet to the patent, not an iPad.
(I’m not saying your conclusion will be different.)
Excellent comment. I don't think Apple is even claiming the two design patents they are asserting against the Samsung phones apply to the iPhone. They appear to be an old iPhone design, but again I don't see where Apple is claiming that.
As an example, here's what Apple actually says the design patent they're asserting against Samsung's smartphones encompasses. It's not limited to a smartphone, nor even resembling an iPhone in features and functions:
Patent No.: US D618,677 S
"The electronic device is not limited to the scale shown herein. (ie, it could be much larger or much smaller)
As indicated in the title, the article of manufacture to which
the ornamental design has been applied is an electronic
device, media player (e.g., music, video and/or game player),
media storage device, a personal digital assistant, a communication device (e.g., cellular phone), (even) a novelty item or toy"
And here's the supposed iPad design patent that Apple's claims Samsung to be violating. It doesn't mention the iPad tho the last image (#9) obviously shows a portable device of some kind that could be an iPad. Oddly they point out the dotted line showing the apparent display area is not part of their claims. Some may be surprised by the lack of details and description, but that's the entire patent and it's claims.
Edited by Gatorguy - 8/4/12 at 11:38am