USPTO finds Apple iPhone design patent invalid in court fight against Samsung

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Comments

  • Reply 101 of 113
    SpamSandwichSpamSandwich Posts: 33,407member
    Further evidence that the USPTO decision is not final:

    http://fortune.com/2015/08/19/apple-patents-rounded-corners/
  • Reply 102 of 113
    singularitysingularity Posts: 1,328member
    Further evidence that the USPTO decision is not final:

    http://fortune.com/2015/08/19/apple-patents-rounded-corners/
    Apart from the statement that it is a non final judgement in the op
  • Reply 103 of 113
    SpamSandwichSpamSandwich Posts: 33,407member
    Apart from the statement that it is a non final judgement in the op

    Certain individuals have been repeatedly posting false claims about the finality of the USPTO decision.
  • Reply 104 of 113
    Quote:

    Originally Posted by SpamSandwich View Post



    Further evidence that the USPTO decision is not final:



    http://fortune.com/2015/08/19/apple-patents-rounded-corners/



    Anyone an idea what the chances are of appealing a decision like this?

     

    Oh, and one more general question:

    Isn't the design also covered by a copyright, or registered design, independent of a patented design?

  • Reply 105 of 113
    noivadnoivad Posts: 186member

    That’s a good idea. Apple, with its cash horde, could undercut everyone making a smartphone built on Android, and still remain profitable in its other sectors. It’s what many successful companies have done (such as Amazon) to kill smaller/weaker companies off. If Apple lowered its margin to eliminate Samsung’s margins & other android makers’ margins, it would really upset the sales balance, and possibly force at least a few out of the business or oust a CEO or two out of their jobs.

  • Reply 106 of 113
    jungmarkjungmark Posts: 6,924member
    noivad wrote: »
    That’s a good idea. Apple, with its cash horde, could undercut everyone making a smartphone built on Android, and still remain profitable in its other sectors. It’s what many successful companies have done (such as Amazon) to kill smaller/weaker companies off. If Apple lowered its margin to eliminate Samsung’s margins & other android makers’ margins, it would really upset the sales balance, and possibly force at least a few out of the business or oust a CEO or two out of their jobs.

    Didn't you hear? Only Amazon is allowed to undercut its competitors. Apple will be investigated by the DOJ if Cook sneezes into a napkin instead of a tissue.
  • Reply 107 of 113
    tooltalktooltalk Posts: 766member
    Quote:



    Originally Posted by SpamSandwich View Post





    If you think LG is going to sue Apple, you're out of your mind.

     

    @spamsandwich : why not?  We now have a legal precedent that allows LG to take away Apple's entire iPhone profit for a small design infringement.  That's more than LG's profit past several years (or perhaps a few decades).   It's risky, but the potential payout is huge!  Besides, it's not like Apple has elsewhere to go for display panels -- the Japanese are too busy closing down their shops and the Chinese aren't quite there yet.  :D

  • Reply 108 of 113
    ronnronn Posts: 567member

    Anyone an idea what the chances are of appealing a decision like this?

    It can be appealed and will be, but first Appe can request the invalidation be re-examined. That can take several months and more than likely years: after the decision is deemed final, Apple can appeal to the Patent Board. And then take it to federal court, and finally to the U.S. Supreme Court. I remember reading that average time for a Patent Board decision is 18 months after filing. I imagine we'll be hearing about this patent (and others) for years to come unless they settle or Apple drops it. Both possibilities appear unlikely.
  • Reply 109 of 113
    gatorguygatorguy Posts: 23,508member
    ronn wrote: »
    It can be appealed and will be, but first Appe can request the invalidation be re-examined. That can take several months and more than likely years: after the decision is deemed final, Apple can appeal to the Patent Board. And then take it to federal court, and finally to the U.S. Supreme Court. I remember reading that average time for a Patent Board decision is 18 months after filing. I imagine we'll be hearing about this patent (and others) for years to come unless they settle or Apple drops it. Both possibilities appear unlikely.
    http://www.uspto.gov/web/offices/pac/mpep/s1216.html
  • Reply 110 of 113

    Thanks captain obvious.  US law doesn't apply outside the US.

  • Reply 111 of 113

    Right.  LG PRADA 

  • Reply 112 of 113
    Samsung does not need litigation, it needs a brand. Apple does not need patents, it has a brand. In the last 8 years, the smartphone has become synonymous with the iPhone, much like "I'll have a cola" is synonymous with Coke. 9/10 millennials and others when offered a smartphone are going directly to an Apple store. Android, not really. Blackberry, never. It is not the design features, it just so happens that the iPhone has pulled off one of the greatest branding strategies in the history of business. Period.
  • Reply 113 of 113
    Chin up, everyone. If Trump wins, the tariffs he’ll enact on South Korea will do more damage to Samsung than a rigged court case ever could!

    This is where I would add some additional information in white text, only visible to those who highlight or quote, but hey.
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