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Me niether, but I also don't agree with you. I would bet a large sum of money Apple is suing because Samsung if threatening to delay or reduce the availability of parts they need for the iPhone 5, much like they did for AMOLED screens last year to HTC. Samsung has discovered that they need the parts, and they probably have clauses in their contract that allow them to modify the shipment availability if the parts are needed for their own products, and now with the huge success of the Galaxy S and the presumed sales growth of the SII Samsung was letting them know that iPhone 5 parts may not be available in the same quantities are originally assumed. So Apple is suing to provide them with negotiating leverage, and the fact that they are including almost all of the Galaxy S phones (including ones like the Nexus S, which looks almost nothing like any iPhone) tips their hand.
Originally Posted by JKK Photography
They are basically saying "it's now going to be more expensive to make all your money from Android, as the cost of going to court will eat into your margins, so just make sure you can get us all of the iPhone 5 parts we want and we can come to an out of court settlement.
Apple popularized them, yes. But they didn't invent any of them, and they will have precious little legal standing on any of those if they try to settle in inside a real courtroom. Sadly, lawsuits are almost never about the inside of a courtroom in the corporate world. By the way, things Apple did invent (like a keyboard that predictively enlarges the area of a key it thinks you want to hit in its logic layer - but NOT the visual UI) are not copied, and doing so would indeed result in an easy infringement lawsuit.
I am a fan of Apple, and so are all of you. You all enjoy the Android Market? What about the capacitive touchscreen, or the onscreen keyboard, or various other things (including that WebKit browser)? Apple popularized those with the iPhone. To deny this is silly, ignorant, or ingenious (perhaps I am missing something totally relevant, but... I don't think I am).
They do indeed need publicity, as it's the only way to try and leverage Samsung.
They wouldn't just throw this out there unless they felt like they needed some publicity (but that wouldn't make sense, either; there's been no major news lately).
They have an extremely poor case, and no offense, but your later admission (of being an Apple-leaning blogger) is self-evident by this particular part of your post. There's no evidence that Apple's lawyers are better or worse than any other major consumer electronics company. And they are perfectly happy to innovate through litigation when they feel like it (see the HTC lawsuit as an example). By the way, that HTC suit has no merit, and it has already been recommended that Apple be ruled against in the publics interest, but does that mean the ethical Apple will withdraw their suit? Of course not, they're pulling a Microsoft and trying to increase the cost of competing against them in that case. It's totally anti-competitive. I'm not singling them out, it's business as usual these days, but let's not pretend like Apple is above it.
They have a case, and one that they feel like they can justify. Apple's lawyers are excellent; they don't just hurl lawsuits every which way. Innovation through litigation isn't their philosophy, but the talent on their legal team could enable them to live by that rule.
I axed the photo to save space, but that's the Galaxy player...is the player even IN the lawsuit? I haven't read the complaint yet, but no other websites have mentioned it.
However, tell me: is this coincidence?
Anyways, if Apple took this all the way to a decision and had a very favorable judge they might win a limited settlement on the external design of the Player, and perhaps one of the more obvious physical phone makes. I doubt they can enforce any sort of trademark on "colorful little icons", especially since (as pointed out by others) you have to open the app drawer before you even see a view like that, since Android users generally have widgets (or a beautiful lack of clutter) on their home pages. Apple certainly isn't going to win on most of the phones, the Tab, and would probably get laughed at over the Nexus S line.
But winning isn't the objective, it's to make sure the iPhone5 doesn't get pushed back any more. And it will be very interesting to see what Samsung does. Apple buys a LOT from Samsung, but then Samsung undoubtedly makes better margins whey they sell their own phones. I think Apple needs Samsung here much more than Samsung needs Apple. Samsung stands to lose 4% or so of their revenue if Apple takes their business elsewhere...which is a ton. But at least some of that would be made up by selling more SIIs if there was no iPhone 5 this year; furthermore, if an iPhone5 slipped back into 2012 to a significant degree, Apple would probably cede ground it could never make up in the smartphone market, potentially letting Samsung reap even larger profits in future years.
So yeah, very interesting times, and it will be interesting to see if Apple's move backfires on them.