How To Avoid Infringing On Apple's Patents

bdking writes "In a public legal brief (PDF), Apple offers numerous design alternatives that Samsung could have used for its smartphones and tablets to avoid infringing on Apple's patents. Basically, as long as competitors' smartphones and tablets bear no resemblance to smartphones and tablets, everything's cool."

Comments

Does this help?

[chaboud]

I have to wonder if this does more harm than good for Apple's case. It points out the absolute absurdity of how far they are reaching. Not have a flat front? Not be rectangular? Not use black?

I know that any of these would have significantly distinguished these products from Apple''s, but so too does the "Samsung" emblazoned on the device. Looking at the front with the screen off, sure, my iPod touch might look a bit like a Samsung device. From 10 feet, it also looks like my wallet. This isn't quite as forehead slapping as Samsung's crack legal team not being able to tell the difference between a Galaxy Tab 10.1 and an iPad, but it's pretty close.

That, or these attorneys have an amazing sense of humor.

Re:ok so...

[Fluffeh]

If you're referring to the IBM PC, Apple was there first.

So just because you are the first in a field, you agree that no-one else can make anything in that field?

Just to /. this up a bit, how come there are so many brands of cars out there? Would you support Ford if they took anyone making a "engine powered vehicle, with room for two or more persons moving under it's own volition and comprising of four or more wheels, a steering device, optional room for belongings (referred to henceforth as a boot or trunk) and with interior seats for the persons travelling" to court claiming that they had patents for it?

Patents are supposed to be there to protect the inventor of a new idea, to allow them to market and make money off their new invention. Making an existing idea/product neater, giving it a pleasing case/housing and rounded corners should not be a patentable market distinction.

I am not totally blaming Apple for this however (though I do think this whole saga just reeks of nerd rage with a dash of angry Cartman tantrum voice thrown in). Apple seems to be playing inside the sandpit that the patent system has created - though it certainly appears that it is trying to push the limits of the sandpit as far as it can get away with. It isn't playing nice, but it (depending on the outcome of this case) may be playing within the rules of the game.

At the end of the day, big business is big business - it is there to make money, not friends. However, when I see companies behaving as poorly as this, I do tend to find it repugnant. I was an early adopter of the iPhone, now I am happily talking on my Samsung Galaxy S II.