Smartphones are, to some degree at least, delicate electronic creatures that happen to be stuffed in pockets, bags, placed on counters, taken to precarious places, and dropped on a near-daily basis. Anyone who has owned a phone for a significant amount of time has cracked a screen or crimped a corner at some point, which
The back and forth continues. US International Trade Commission Administrative Law Judge Thomas Pender has made an initial ruling that some Samsung’s devices violate four Apple patents, including one iPhone design patent (the one you see above) and three software patents. Apple didn’t manage a clean sweep, as Samsung was cleared of treading on two more patents, but the verdict still carries the all-too-familiar potential for a trade ban if the ITC maintains the findings in its final review. It’s bleak news for the Korean company, which faced an initial loss to Apple at the ITC just last month — even though large swaths of the mostly Android-based Galaxy phones and tablets in the dispute have long since left the market, an upheld verdict gives Samsung one less bargaining chip in a protracted legal war.
Filed under: Cellphones, Tablets, Mobile, Apple, Samsung
ITC rules that Samsung violates four Apple patents covering design, touch originally appeared on Engadget on Wed, 24 Oct 2012 17:50:00 EDT. Please see our terms for use of feeds.
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In the Apple vs Samsung court case going on this month it appears that the iPhone company has struck a heavy blow with expert witness Peter Bressler. This man is a former President of the Industrial Designers Society of America and a current fellow of that group, a co-author of over 60 design and utility patents, and an active faculty member at the University of Pennsylvania where he teaches integrated product design classes. Because of this list of achievements and accolades, Bressler’s words as witness in this court case will certainly ring true to the jury. In this case, Apple calling Bressler to the stand to testify is very, very bad news for Samsung.
What Bressler has been asked is whether the devices Apple is presenting are similar enough to the patents they own that they’d could be considered infringing. Some of the devices brought up in the questioning are the following – each of these device names are linked back to our reviews of said devices so you can get a closer look if you’d like:
• the original iPhone
• Samsung Galaxy S 4G
• Samsung Galaxy Tab 10.1 LTE
• Samsung Infuse 4G
• iPad 1 and 2
You can also see some comparisons between the original Samsung Galaxy S and the iPhone 4 here: iPhone 4 hands-on Review as well as here: white iPhone 4 hands-on.
When questioned by Apple, Bressler “walked the jury through” three iOS device patents and described the patents in detail to the jury according to The Verge. One patent showed off the iPad’s flat face, rounded corners, and black border under the tablet’s front glass panel. Another of the three patents described the flat front face of the iPhone, while a third described the rounded corners and bezel that existed in the first iPhone released to the market.
Bressler’s testimony compared the iPhone patents to the Samsung Galaxy S 4G. Bressler made it clear that he felt Samsung’s design to be not so fabulous when it comes to originality when it comes to being viewed by “regular consumers.” Bressler noted specifically:
“It’s my opinion that this phone, the design of this phone would be considered substantially the same” – Bressler
Similar connections were made when Bressler continued while Apple’s representation showed their iPad patent set side-by-side with the Samsung Galaxy Tab 10.1 LTE specifically. Bressler pointed out a number of “alternative designs” for tablets (a collection of tablets that we’re trying to get a list of now – hold tight), showing how each of them were “clearly different” from Apple’s iPad and each of the patents that surround it.
Samsung was allowed to cross-examine Bressler, showing the industrial design expert at least four different examples of “prior art” that they felt were similar to the iPhone’s front face. Bressler did not agree with Samsung’s line of questioning, saying Samsung’s comparison was an “improper analysis.” Bressler noted that these comparisons (we must assume they looked something like this) could not be taken with only one single, straight-on image as Samsung appeared to be relying on.
Samsung then spoke (represented by Charles Verhoeven in this case, by the way), about the flat, flush glass face of the iPhone as well as the original iPhone’s unique bezel. He showed the jury two devices at the same time as questioning Bressler about them: the Infuse 4G and the Galaxy S 4G.
For the Infuse 4G, Samsung showed that the glass face is not completely flush as each iPhone has been since the first (as seen above.) For the Galaxy S 4G, Samsung contended that the device’s bezel “flares” when viewed from the bottom or the top of the phone.
Bressler was having none of it, saying that the patents at hand did not work in the way Samsung was suggesting. Instead, Bressler said, they had to take into account the “ordinary observer” – aka the “regular consumer” as well as the “overall impression” the devices presented.
Stay tuned as the Apple vs Samsung case continues and millions (if not billions) of dollars are held up in the air, ready to drop into the wallet of the winning manufacturer of lovely smart devices. Check the timeline to see several stories leading up to this point in time as well – don’t miss a thing!
Apple’s expert witness says the magic words: “substantially the same” is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
Despite the sweltering heat waves, our spirits are high at Engadget, and for good reason: it’s time for our summer edition of the smartphone buyer’s guide. Here, you’ll find our top recommendations for the best smartphones across several US carriers, along with the best QWERTY and budget alternatives. In many ways, it’s now easier than ever to find a world-class smartphone, but unless you’ve developed a strong brand preference, choosing one is likely more difficult than ever before. It’s no secret that the HTC One X and Samsung Galaxy S III have firmly cemented themselves as the premier smartphones of the day, but if you’re torn between the two, we’ll reveal our preference in this latest installment.
Summertime also brought a bit of a shock, as Microsoft revealed that Windows Phone 8 apps won’t be compatible with the current generation of Windows Phone hardware. For this reason, we’ve excluded all Windows Phone handsets from consideration in the latest buyer’s guide. While the future of Microsoft’s mobile platform looks incredibly bright, a purchase now would guarantee obsolescence in the short-term. Instead, all prospective Windows Phone purchasers must wait for the next generation of handsets to become available — you’ll regret it otherwise.
Naturally, there is no shortage of rumors surrounding the next Apple iPhone, and given the handset’s current lack of LTE connectivity, the iPhone 4S is certainly showing its age. While cautious purchasers may choose to bide their time, the iPhone remains top-notch in many other respects, and its arrival at a number of prepaid carriers brought a breath of fresh air to an otherwise stagnant environment.
If you’re curious to see how it all unfolded — and we know you are — join us after the break, where we round up the very best smartphones of the season.
Continue reading Engadget’s smartphone buyer’s guide: summer 2012 edition
Filed under: Cellphones
Engadget’s smartphone buyer’s guide: summer 2012 edition originally appeared on Engadget on Thu, 26 Jul 2012 12:05:00 EDT. Please see our terms for use of feeds.
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