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Sale of Samsung Galaxy Tab Blocked in the EU
bizwriter writes with a news piece in bnet about the continuing battle between Samsung and Apple. From the article: "In a stunning and painful decision for Samsung, Apple got a German court to issue a preliminary injunction against the Galaxy Tab. According to patent analyst and blogger Florian Mueller, that means Samsung cannot ... sell its tablet in the entire European Union, except for the Netherlands."
This is not about patents. It is about the design of the Galaxy Tab which looks so similar to the iPad. I do not know the correct English term. In Germany it is called Produktmusterschutz (copyright on product pattern/design/the art of appearance). Like you are not allowed to open a fast food restaurant McDonald's without asking the company of that particular name. As they own the brand and the design of the logo and shops etc.
Well yeah, if you limit your sample to phones which didn't look like an iPhone before the iPhone was released, of course it's going to look like they copied the iPhone. As it turns out LG announced this phone to the public with pics 3 weeks before the iPhone. Black, touchscreen covering nearly the entire front surface, rectangular, rounded corners, and icons arranged in a grid. So if we were to take your argument at face value, LG deserves credit for the current form factor of smartphones, Apple just happened to make the most successful copy, and Apple fans are deliberately ignoring history to spread misguided claims that Apple invented it all and others are copying from Apple.
The reality is that the current form factor is just the natural evolution of the smartphone due to a variety of factors, none of which has to do with a distinctive design that others are copying from LG (or Apple). You need to maximize screen size to comfortably browse the web on something the size of a phone, so the screen will cover almost the entire front surface. The screen needs to be black to maximize the contrast ratio - if you use a white screen you have to turn off the lights to maximize contrast. Capacitive touchscreens (which had just reached commercial critical mass, and the LG had before the iPhone) were responsive enough that they could replace trackballs or directional navigation keys. Rounded corners prevent it from poking you while in your pocket. And icons in a grid have been around since the Xerox Star IS in 1981; even earlier if you look outside computers. All of this is stuff which would be obvious to someone working in the field, and thus not worthy of patent protection.