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Re:Apple Wins $539M from Samsung in Damages Retrial by threeseed on Thursday May 24, 2018 @08:10PM (#17149605)
You have a complete misunderstanding of how design patents work. It's akin to those ignorant fools running around talking about Apple patenting round corners.

What Apple patented was their design for a grid of icons. You could have created your own just like Google and many others did.

What you couldn't do was blatantly rip off their design which Samsung did.

Re:Apple Wins $539M from Samsung in Damages Retrial by iamgopal on Thursday May 24, 2018 @08:23PM (#17149675)
What are you trying to say ?
Re:Apple Wins $539M from Samsung in Damages Retrial by threeseed on Thursday May 24, 2018 @09:17PM (#17149886)
You know a Coke bottle, right ? That has a design patent.

Other drink makers are not allowed to make the exact same bottle shape. But you can still make a bottle. And you can still make a bottle that is very similar to the Coke design. But it can't be nearly identical. Translate that to Apple's home screen and that's what we are talking about.

Re:Apple Wins $539M from Samsung in Damages Retrial by yani on Thursday May 24, 2018 @09:36PM (#17149970)
It is not nearly identical as did the Supreme court find. These patents are 10 steps back in the direction of inmovation and fair market competition; 10 steps forward in the direction of market monopoly. Let others to copy, educate the consumer, but leave the consumer to make the decision what to buy not some judge in California.
Re:Apple Wins $539M from Samsung in Damages Retrial by rayiner on Thursday May 24, 2018 @10:26PM (#17150183)
This isn’t monopolizing some technology. These are purely arbitrary aesthetic choices, and the only reason to infringe the design patent is to make your product look like someone else’s more popular product. That’s not socially valuable activity, it’s free riding.
Re:Apple Wins $539M from Samsung in Damages Retrial by stouset on Thursday May 24, 2018 @10:15PM (#17150140)
Design is a tradecraft like any other. It involves research, experience, skill, trial and error, time, and resources. Unfortunately, once a design is out there, it takes 5% of this initial effort to duplicate wholesale.

What you are saying is tantamount to asserting that this work should have little to no protection, and be freely copyable once a design is made public.

Re:Apple Wins $539M from Samsung in Damages Retrial by tathougies on Thursday May 24, 2018 @08:22PM (#17149670)
What is special about Apple's grid of icons? Icon sizes are -- due to convention -- almost always some power of two, or other standard size. The number of icons you can fit on a rectangular screen is going to be pretty similar because of the size of the appendage that will be interacting with it (a human thumb).
Re:Apple Wins $539M from Samsung in Damages Retrial by sjwright on Thursday May 24, 2018 @08:46PM (#17149776)
If this was simply about rounded corners or a grid of icons, they would have been laughed out of the court.

Trade dress not about any single design choice but the combination of dozens of design choices which, when combined together, become an aesthetic trademark. And importantly, Apple spent millions of dollars on marketing to promote the fact that the iPhone looks a certain way and operates in a certain way.

The issue is that Samsung cloned this aesthetic in detail for the express purpose of hijacking Apple's existing media goodwill and advertising spend. And it also dilutes the value of Apple's brand.

Re:Apple Wins $539M from Samsung in Damages Retrial by Marazan on Friday May 25, 2018 @03:09AM (#17151305)
If this was simply about rounded corners or a grid of icons, they would have been laughed out of the court.

Like they were in the UK? And forced to publish an apology?

Re:Apple Wins $539M from Samsung in Damages Retrial by sjwright on Friday May 25, 2018 @05:55AM (#17151983)
Nope.
Re:Apple Wins $539M from Samsung in Damages Retrial by Marazan on Friday May 25, 2018 @12:10PM (#17155093)
I must have imagined the apology then.
Re:Apple Wins $539M from Samsung in Damages Retrial by sjwright on Friday May 25, 2018 @11:29PM (#17160031)
The cases aren’t equivalent.