Samsung reveals its pre-iPhone concepts: 10 touchscreen devices

Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by vidarh on Tuesday July 31, 2012 @02:29PM (#4318897)

This is not to prove prior art, contrary to what the headline implies

The purpose of this is to establish that Samsung did not wilfully infringe even if Apple's patents are valid (they will argue they were just in good faith continuing to evolve designs they already had that were similar), but that Apple's patents are invalid because they are dictated by function - it is logical for touch screen phones to get a large screen and reduce number of buttons, for example - and because the design elements were obvious (arguing that the existence of a wide range of similar designs, even if not published, shows that no knowledge of the iPhone was necessary for someone with ordinary knowledge of the arts to come up with something similar).

Samsung has previously argued prior art previously in the form of prototype / design studies for tablets by Knight-Ridder.

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by ktsmith on Tuesday July 31, 2012 @02:40PM (#4318953)

Samsung can also point to the LG Prada which was publicly announced three weeks before the iPhone and on sale months before the iPhone. http://en.wikipedia.org/wiki/LG_Prada

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by taligent on Tuesday July 31, 2012 @03:30PM (#4319180)

Firstly, it isn't about prior art so not sure why you are bringing up an LG device. Secondly, nobody is going to mistake an iPhone for an LG Prada. Nobody. But a lot of people are going to mistake an iPhone and a Samsung Galaxy S.

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by incision on Tuesday July 31, 2012 @03:47PM (#4319254)

>But a lot of people are going to mistake an iPhone and a Samsung Galaxy S.

As I've said before (http://news.ycombinator.com/item?id=4244317).

Apple can't demonstrate 10, let alone any meaningful number of people who accidentally bought a Galaxy when they meant to pick up an iPad/iPhone.

It doesn't happen.

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by spiralpolitik on Tuesday July 31, 2012 @04:18PM (#4319385)

Unlike with the trademarks Apple does not need to demonstrate brand confusion. With Design Patents they need to demonstrate is that a Galaxy S is "substantially similar to the design" of an iPhone. "The copy does not have to be exact for the patent to be infringed. It only has to be substantially similar."

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by Someone on Tuesday July 31, 2012 @04:12PM (#4319361)

I do not think that is significant reason to allow their product. If I make, say, a Louis Vuitton clone, but added some part that shouted 'FAKE; NOT THE REAL THING' that every buyer could remove, there still would be a case to make for forbidding the non-clone.

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by taligent on Tuesday July 31, 2012 @04:15PM (#4319373)

Apple has evidence from Samsung that plenty of people accidentally purchased (and then returned) the Galaxy Tab thinking it was the iPad. So no reason the same wouldn't happen for the Galaxy S.

So yes. It does happen.

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by KirinDave on Tuesday July 31, 2012 @04:44PM (#4319503)

I had not heard that. Do you have a link sourcing that?

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by taligent on Tuesday July 31, 2012 @05:01PM (#4319583)

Evidence:

http://allthingsd.com/20120726/documents-in-apple-v-samsung-...

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by ktsmith on Tuesday July 31, 2012 @05:53PM (#4319830)

Without some numbers behind those statements they are pretty meaningless. People buy the wrong product all the time and take it back. This is especially true of those people that don't understand what it is they are buying in the first place.

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by ktsmith on Tuesday July 31, 2012 @05:56PM (#4319842)

Samsung is trotting out it's 2006 work to show they didn't willfully infringe if Apples patents are valid. I bring up the Prada but because it shows that Apples design patent is of questionable validity to begin with.

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Re:Samsung reveals its pre-iPhone concepts: 10 touchscreen d... by clhodapp on Tuesday July 31, 2012 @02:55PM (#4319032)

From the article:

"One of these phones (the bottom-right one) became the Samsung F700 - a product Apple once included as an infringing product, but later withdrew once it learned Samsung created it and brought it to market before the iPhone"

Secret prototypes would not be prior art, though.

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