Apple ups the ante in Samsung "copy cat" lawsuit
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Apple has upped the stakes in their look-and-feel "copy cat" lawsuit against Samsung, taking the complaint from 38 to 63 pages, and now accusing Samsung of "products that blatantly imitate the appearance of Apple's products to capitalize on Apple's success." According to FOSS Patents, Apple goes so far as to quote the media to help set up its case:
The copying has been widely observed in the industry and has been mentioned in multiple articles reviewing Samsung products. For example, a writer for Wired wrote that Samsung's "Vibrant's industrial design is shockingly similar to the iPhone 3G." [...] "First Look: Samsung Vibrant Rips Off iPhone 3G Design." Another Wired writer wrote, "[L]et's settle one of the biggest arguments surrounding this phone. Yes, the Vibrant closely resembles a certain best-selling smartphone." [...] "Samsung Vibrant Looks Like an iPhone, Has Battery Life to Match." [...]
[A] Business Insider review of Samsung's Galaxy Tab 10.1 stated that, "[f]rom the front, it looks like an iPad." [...]
A recent CNET reviewer remarked: "Taking another page from the iPad 2's school of sexy tablet building, the 10.1 has one of the cleanest designs we've seen on a tablet. [...]"
[Fast Company:] "Samsung’s Anti-iPad 2 Policy" – "[To] Clone the Heck Out of It"
While the original complaint listed the the Samsung Captivate, Continuum, Vibrant, Galaxy S 4G, Epic 4G, Indulge, Mesmerize, Showcase, Fascinate, Nexus S, Gem, Transform, Intercept, and Acclaim smart phones and the Samsung Galaxy Tab tablet, the amended complaint adds Droid Charge, Exhibit 4G, Galaxy Ace, Galaxy Prevail, Galaxy S (i9000), Gravity, Infuse 4G, Nexus S 4G, Replenish, Sidekick, Galaxy Tab 10.1, and Galaxy S II (aka Galaxy S 2), Showcase i500 and Showcase Galaxy S. Says Florian Mueller:
In the very near term, Apple will have to decide on whether to request a preliminary injunction. Like I said further above, that's reasonably likely. If the court appeared to give serious consideration to this measure, it could put enormous pressure on Samsung and greatly increase the likelihood of a near-term settlement in Apple's favor. But this can also become another epic battle like the one between Apple and Nokia...
Samsung remains the manufacturer of many key components for iPhone, iPod touch, and iPad.
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