In an industry where ripping off another company's ideas is the norm, Samsung took copycatting too far with its mobile devices, according to a federal jury that ruled yesterday that the Korean manufacturer must pay Apple $290 million on top of $600 million from a previous judgment.
Samsung took a calculated risk by using design elements that were dangerously similar to Apple's. The original model of its Samsung Galaxy series of mobile devices, the S i9000, has the same outer frame, screen and icon placement as the iPhone, specifically the 3Gs model — including those handy phone and mail shortcuts anchored to the bottom of the home screen. And the original Galaxy Tab is nearly the mirror-image of the original iPad in terms of appearance.
Many have argued that it was unfair for the government to issue such broad patents in the first place. Should Apple really own design characteristics as basic as a rectangular frame with curved edges? But guess what — before the iPhone, there were no smartphones that looked like that. And not every smartphone that followed looked like that.
Microsoft smartphones are the best example. They neither look nor act like Apple devices. But the U.S. consumer electronics market isn't necessarily the greatest judge of innovation, with Windows phones still struggling to gain market share.
Samsung actually sold more mobile phones nationwide than Apple in 2011. The smartphones cited in the lawsuit generated $7.5 billion in revenue from June 2010 to June 2012, so I'd say that calculated risk paid off for Samsung. Big time.
And Samsung's troubles with Apple might not be over. While testing the new Samsung Galaxy S4 Zoom yesterday — which is supposed to be a truly unique smartphone because its face looks like a digital camera — I realized the back of the device is the twin to my iPhone 5. They literally share a footprint.
Not that Apple has the moral high ground on intellectual property. The company has been subject to its own set of patent claims, including one by Boston University alleging that it stole an engineering professor's manufacturing technique for blue LEDs.
So don't expect the mobile patent wars — which have embroiled Google and HTC as well — to end anytime soon. The greatest idea these companies have had in a long time is to lawyer up.
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