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.

[FOSS Patents]

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Rene Ritchie

EiC of iMore, EP of Mobile Nations, Apple analyst, co-host of Debug, Iterate, Vector, Review, and MacBreak Weekly podcasts. Cook, grappler, photon wrangler. Follow him on Twitter and Google+.

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Reader comments

Apple ups the ante in Samsung "copy cat" lawsuit


I can't wait until Samsung decides to stop making parts for Apple products....Unlikely, but it would be hilarious!

I'm sure they have a contract with Samsung, so if Samsung did try and stop making parts for Apple they would be sued for breach of contract. This is on top of Samsung losing billions in lost sales to Apple.

I have to ask as and owner of both the iPhone 4 and Sidekick 4G... HOW THE HELL DO THEY RESEMBLE ONE ANOTHER? Besides both having color screens, a power button, a home button, and a volume button? And should Google sue apple for pull down notification?

This is just a step in the process of trying to aquire Samsung!! Widdle them down tell u can swallow em up!!

Apple would never have the capitol nor be able to "widdle them down" enough to acquire Samsung. Samsung is like Sony, a titan in the electronics industry.

samsung turn over 150+ billion a year so it will hurt apple more than it would samsung. yes apple can go somewhere else but as ever apple fan likes to boast that apple use the best hardware, so by that logic samsung must have the best components right?

i just dont see apple winning just as i knew they would lose to nokia. i am no fanboy here i have both the galaxy s2 and iphone and like both of them for different reasons. ios for games and apps and android for customisation. from these two phones, the only thing similar is the side scrolling app draw other than they are two different phones. yes touchwiz 3.0(s2 has 4.0) is SIMILAR but that does not mean copying. problem with Apple is they have no issue taking other people ideas such as android style notification whether its patented or not is still taking someone elses idea so by them suing others for doing the same is being hypocritical as steve jobs always goes on about how people copy them and calling them thieves, saying its year of the copycats etc, well his right about that cause it looks like from ios5they have been copying and not being original. finally people who actually buy samsung thinking its a apple product seriously need help lol i think these two companies are big enough and have been around long enough to not get confused. also i have not known ANYONE or heard of anyone that has brought a samsung product thinking its apple or buying a sony thinking its panasonic etc come on apple you gotta give human beings some credits they dont all need to have there hands held like you may think.

finally someone who feels the same way as me...i have no problem with apple products i have an iphone 4 and love it and will love it even more when ios 5 comes but they go on as if all there ideas is original when all they taken is someone else's idea and implemented it better as you can tell from ios 5. again just like tazh89 said just cause the idea is not patented does not mean its not copying. some thing should not be allowed to be patented such as boxy icons lol. who ever granted that needs to be have there head checked. there have been grid icon layout way before apple iphone existed. hypocrites is just the perfect word to describe apple.

The first time I saw a Samsung Galaxy before Apple brought a lawsuit I remarked to a few people how I thought Samsung was blatantly trying to get sales from aping Apples look, then a matter of weeks later I was in a T-mobile shop and overheard a young boy saying to his mum, look mum a big iPhone, of course when I looked it was a Galaxy-S. I've since seen adverts of the Samsung music player which not only has white ear buds but also with a familiar grey band around the bottom and a very similar shape to the Apple earphones, now we all know most companies now produce white earbuds since Apple had success with the iPod but is was quite clear Samsung was going a step further in copying the look. I think a lot of consumers (non tech nerds) aren't educated enough about the difference between a Samsung and an Apple device and if they know there friends all have iPhones and they believe this to be an iPhone like device they might be more ready to purchase than not!

thats samsung mobile but am talking about how much samsung cooperation(laptops,tv, etc) make. just google it am sure you will find it. thats how i found it. read your article and it says samsung made a loss but thats all it says. it dont mention overall revenue sorry if am wrong though. i get most of my information of the internet/google lol..sorry cant provide a link read it sometime ago(less than a year).

Best I could was saying Samsung corporation was turning.over about 110 in 2009..sorry best I could do... I agree with everything you said but am talking abou how hardcore apple fans say these things. Obviously all business will do what makes them the most money. Don't you think that apple is being hypocritical though by suing others for copying/borrowing when they are happy to do the same.

I disagree with you. Samsung has been copying Apple and Apple should sue them. Don't you see the design and icons? Samsung has always copied Apple way back from the failed Samsung Instinct. After Apple released a thinner ipad 2, Samsung said they have to make the galaxy tab thinnner too.

The copycat pattern is very clear. In 2007 Apple introduced the iphone. Samsung were the first to try to copy it the following year with the failed Samsung Instinct. In 2010 Apple introduced a tablet. Samsung were also the first to try to copy Apple and quickly rushed out a 7 inch tablet, the galaxy tab that did not have much sales.
Why does Samsung always wait for Apple to make a move and then try to copy?

also if they have other suppliers why continue doing business with someone they see as competition. my guess is samsung is probably the only company at the moment who are big enough to supply the demand apple need which is a lot. you say they have a good deal are you saying that apple who apparently have the best hardware and components will sacrifice better component for money :0. i thought apple dont sacrifice on performance and always go for the not having a go or saying you are wrong. just saying that are lot of die hard apple fans are like this which you aint unless am wrong. also i have an iphone 4 so dont think of me as an iphone hater. just dont like how apple go on about business(i could rant forever about this) but you cant argue with the desirability of the product. its why i have iphone 4 for the looks/games and samsung galaxy s2 for features/customisation.

The copycat pattern is very clear. In 2007 Apple introduced the iphone. Samsung were the first to try to copy it the following year with the failed Samsung Instinct. In 2010 Apple introduced a tablet. Samsung were also the first to try to copy Apple and quickly rushed out a 7 inch tablet, the galaxy tab that did not have much sales.
Why does Samsung always wait for Apple to make a move and then try to copy?

Why did you avoid his question?
Who sues Apple for their copying of other technologies present in their phone?
App Store (Danger OS), Copy/Paste (every prior smartphone), touchscreen (prior smartphones).
Can you name the one original, Apple created thing on the iPhone?

Maybe because I use Apple products also. Nice try.
The point still stands, their claims of "no other mobile phones having these features" is false.
LG Prada was shown off in 06. Released in 07. First phone with a capacitive touchscreen.
HTC Touch released in 07.
Apple is reaching with this lawsuit. They failed in the "look and feel" lawsuit years ago. I just hope it's the same outcome cause this is silly.

It's one thing to copy a feature or two from a product, but Samsung is trying to copy the look of Apple's products which in turn confuses the uneducated consumers into thinking their product is just like Apples. Why do you think companies in China make cheap knock off iPhones because even though most people might know they are not the real thing they are still happy to get something similar. Samsung can produce quality products and copy Apple making their devices even more enticing to consumers.

The figures will some from Samsung's corporate site. They are in many, many more businesses than just cellphones & TVs & electronics. They are in construction, heavy machinery, cargo shipping (the largest in the world by the way), ship building, global financial services (all thru the middle east & Asia you'll find Samsung's name in the financial markets & in construction)... Need I go on? Where would your blind defense of Apple be if Xerox finally did what they should have done decades ago & take Apple down for the blatant theft of the GUI, mouse and most other tech that went into the original Mac?

Do you really believe what you write concerning Xerox and Apple? Or are you just a Troll? Maybe you need to research about the subject and take your blinkers off.

"Before Apple’s introduction of the first iPhone product, no other company was offering a phone with these features. Prior mobile phones were often bulkier and contained physical keypads. Some had a rocker-style navigation button and sets of buttons for numbers and calling features. Others had a front panel with a partial or full QWERTY keyboard and a screen. None had the clean lines of the iPhone, which immediately caused it to stand apart from the competition."
This right here just made me balk at this lawsuit of Apple's. Really? There were no full touchscreen phones before the iPhone? SMH.
Not to mention how are they including the Sidekick 4G into this equation? Apple is just reaching now.
I agree TouchWiz is a blatant rip off. But that's where the buck ends.

They actually did include the Sidekick in their revised lawsuit...
"the amended complaint adds Droid Charge, Exhibit 4G, Galaxy Ace, Galaxy Prevail, Galaxy S (i9000), Gravity, Infuse 4G, Nexus S 4G, Replenish, Sidekick..."

It's the nature of business. Someone will always come along and take an idea and make it better. Honestly how many different ways can you make an all touchscreen phone that you want as thing and sleek as possible? Get over it Apple, quit bitching and start churning out better products instead of wasting time crying like a baby cause someone made it better. They aren't going to win.

It's pretty sad, they even include the Infuse in there. Calling the Infuse a ripoff of the iPhone would be calling the iPhone a ripoff of the iPAQ.

Right. The European Galaxy S' are DEFINITELY iPhone-esque with their form annd TouchWiz.
But American versions and Sidekick is just reaching.
I love Apple just as much as the next person, but this is ludicrous.
They're just trying to stem the tide of Samsung cause they are indeed the only other mobile division, next to HTC, that has a big name for them in the US and the world.

I love the iPhone as well and would be more than happy to use it as my primary phone if AT&T had better data plans or if they had a model with T-Mobiles 3G bands, but I do think they need to stop with the law suits. It only hampers innovation and slows down the release of new devices for all the parties involved.

Let's clear the air... I meant not for my earlier post to call you out. Simply giving you the links you requested. No need for name calling. I also am a fan of most technology. Even if it is blatantly ripped off. The Wikipedia article you cite, while somewhat accurate, doesn't state that Steve Jobs signed an NDA upon seeing that tech. It's in the book about apple called 1984, I'm pretty sure that's the title. and the PBS documentary 'Triumph of the Nerds" that talks about the MAC and the groundbreaking ad campaign. But the book leaves no doubt that he got the tech and ideas from Xerox. They were too blindly ignorant of the fact to go after Apple while focusing on copiers and printing.
As for the Samsung profits, as I read financial docs only sparingly, that is net income on gross 150+ billion. Nothing to sneeze at. I am a Galaxy S owner, rooted to the max (Verizon Fascinate; Tell me how it resembles an iPhone again? I'm looking at it now and just don't see it), and My wife has iPhone 4 as well as our iPods and PC's and other Samsung/Apple goodies throughout the house. But there is a point when these stupid lawsuits, from Apple, Lodsys and others is just getting out of hand.

No, it's after all the expenses - net sales is there sales - I'm not sure what its net off without looking at the financials - Probably returns, etc.

i have read somewhere you cannot sue for look and feel..most of these things apple have patented ie boxy icons are generic and even though they have been granted a patent for it does not mean that the judge has to agree. they can easily dismiss the claim which i think they will..if they had infringed on the underlying code they would win know doubt. they tried the same when trying to sue microsoft for look and feel and they fail. i see history will repeat itself.
if apple felt so strong why didnt they sue the moment the galaxy s was revealed. my guess would be that they know that samsung are competing with them and have surpassed them spec wise and feel threatened..of course apple have a right to sue but i find it funny how they complain people copying there ideas and how they are copying other lol talk about hypocracy...

there are plenty of other suppliers but who has infrastructure to supply to apples demands..we all know they are selling millions of ipads and phones etc each quarter so its not gonna be that simple just to go to another supplier but like you agree it will never happen...they will probably just settle out of court eventually and share some ips's. we have to remember that samsung are also sueing apple so apple could end up also paying samsung.

Don't be silly, this is a quote from a reviewer not Apple, they are the one stating similarities, Apple is just using this in defence of their case. Maybe it's silly to quote the whole line, but as the whole line from the review is making reference to the iPhone it would be silly to leave it out!

And you should read that again.
First off, the quotes is what was written above. Not by me.
Secondly they said "mobile phones". Not "smartphone". If they said smartphones, I'd concede that to them...very narrowly (cause HTC Touch, buttons or not, emphasized finger friendly usage).
Then next, I'm not speaking on the claims. I'm speaking on what they just said. So claims have nothing to do with my response. If we want to speak on the claims, I'll make a different response.

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