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Patent infringement concerns companies of all sizes…just ask Apple and Samsung!

26/4/2011 | Featured | Paul | No Comments

iPad & Galaxy TabHot on the heels of last week’s guide to intellectual property (IP) protection, a rather timely tidbit came to my attention, vis-a-vis the murky world of patent infringement.

Okay, perhaps a little bit of an overstatement – it’s hardly drug-smuggling after all, and the case that came to my attention here involves one very rich corporation standing accused of stealing ideas from another very rich corporation. So it’s unlikely that hearts will be bleeding too much in this instance.

Apple, it seems, is suing Samsung for copying its iPhone and iPad designs. This includes copying the screen icons, user interface and the general look-and-feel of its products.

Apple already has separate active lawsuits filed against both HTC and Nokia, which Apple claims are guilty of design patent infringement. The US International Trade Commission is believed to be recommending that Apple’s case be thrown out, with the official ruling due in August.

And don’t be surprised if Apple’s case against Samsung is eventually thrown out too. The charges that Apple is bringing against Samsung are so difficult to prove, as is the case for many such cases. The thing with interfaces, icons and ‘look and feel’, is that many user interfaces have converged to follow similar patterns. It makes it easier for users to learn – there’s no need to reinvent the wheel just for the sake of ‘being original’.

Having used both the iPad and the Galaxy Tablet, I can say that they are quite similar. But Apple, as with all its products, always retains a unique, inimitable slickness that is so difficult to copy. Samsung’s Galaxy Tablet is an excellent piece of kit, but it ultimately isn’t the iPad.

And with design patent infringements, it’s very much subjective. It’s difficult to prove whether a Samsung designer actually copied the iPad, so it will be up to the judge to decide whether they think there is enough of a similarity to merit upholding Apple’s claims. But there is enough doubt in this case, and the benefit in such instances always goes the way of the defendant.

If nothing else, Apple has secured some more column inches that discuss its unique way of doing things. And for that, I’m guilty as charged…

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