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
** *Jun.29,2010
"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.
Every company should be careful with making anything rectangular now. I mean they should just forget the rectangle even existed if this patent is that broad. I have no problem with protecting IP, just make sure you are protecting ONLY your IP. Specifically.
a device with a 4:6 ratio with a 16:10 ratio may be rectangular, yes, but the experience on each device will be different. to patent a rectangular device of ANY scale is just saying they practically own the rectangular design from the molecule up to a planet. They should just patent the rectangular device, with the iphone/ipad's scale. so that nobody will copy the same scale or size ratio. anything that does not look EXACTLY like the original should not be a violation of the IP...
Apple makes great products, but are real trolls when it comes to IP
Comments
Quote:
Originally Posted by Gatorguy
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
** *Jun.29,2010
"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.
http://www.wired.com/images_blogs/gadgetlab/2012/07/889patent.pdf
Every company should be careful with making anything rectangular now. I mean they should just forget the rectangle even existed if this patent is that broad. I have no problem with protecting IP, just make sure you are protecting ONLY your IP. Specifically.
a device with a 4:6 ratio with a 16:10 ratio may be rectangular, yes, but the experience on each device will be different. to patent a rectangular device of ANY scale is just saying they practically own the rectangular design from the molecule up to a planet. They should just patent the rectangular device, with the iphone/ipad's scale. so that nobody will copy the same scale or size ratio. anything that does not look EXACTLY like the original should not be a violation of the IP...
Apple makes great products, but are real trolls when it comes to IP