Smartphone Dispute: Expect an Apple-eal

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Last week, Apple managed to win a patent claim against Samsung, for the infringement of “design concepts”, first seen in their 2007 iPhone and allegedly copied in subsequently released touch-screen Samsung smartphones.

Firstly, what were the claims? Well (from http://www.guardian.co.uk/technology/2012/aug/22/apple-samsung):

Apple says Samsung infringed the following “design” patents
• covering the front of the iPhone, with its system for displaying text and icons
• back of the iPhone
• design of iPad
• iPhone graphical user interface
• “bounce-back” or “rubber band” functionality when the user tries to scroll past the end of a page or list
• ‘tap-to-zoom’ feature on photos, articles, etc.
• detecting whether the user is scrolling or making the “pinch to expand” and other gesture motions

All of the above were ruled in favour of Apple. However it raises an interesting point – just how much of the above is intrinsic or near-intrinsic in the design of a touchscreen phone? In order for a patent to be granted, an design must be new, have a practical use and have an inventive step that is not obvious to someone with knowledge and experience in the subject (http://www.ipo.gov.uk/types/patent/p-about/p-whatis.htm).

It surprises me that Apple have managed to win on all of these claims. The reason the iPhone did so well in 2007 was due to the incredibly intuitive nature of the interface – most of the features of which still exist in the most recent iterations. To avoid infringing patents, Samsung would have had to make their interface difficult to use and less commercially viable.

I’m not entirely sure how a grid of app icons is a clever design feature worth protecting, but outside of the interface issues though, the “design of the back” is also under debate. It’s a flat shiny surface with an Apple logo on! Unless Samsung are selling tablets with Apple logos all over it, where’s the conflict?

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Most ridiculous of all, Apple has managed to successfully sue Samsung both for “double tap to zoom” and “pinch to zoom”. You could argue all day regarding which of these is the more obvious one to include, but if Samsung isn’t allowed to use either of these alternatives, I’d be extremely interested to hear what the more intuitive and streamlined design is that they should have used?

It’s worth mentioning at this point that Samsung are expected to appeal and of course, HTC and other manufacturers are locked in similar legal disputes. But take a modern iPhone back to 2006 and give it to a random and see how difficult they find it. I am firmly of the belief that the biggest compliment to Apple avaliable is the fact that it’s almost impossible to make an intuitively useable touchscreen phone without copying the iPhone to some extent.

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