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  • Samsung Refutes "Beauty" and "Elegance" being used in Patent Case in Australia


    Apple and Samsung’s patent struggle took quite the turn in Australian Federal Court recently with Samsung questioning whether Apple’s claims to “beauty” and “elegance” in its iOS interface is enough to justify an enforceable patent. According to ZDNet, Samsung counsel Richard Coben argued that Apple patents such as pinch-to-zoom and slide-to-unlock, describe only human-computer interaction, a design principle that cannot be patented.

    According to Cobden, Apple was inferring that the interactions’ functionality stems from the “elegant or beautiful” movements that users perform to activate them. He said such features don’t constitute grounds for a patent. Cobden continued by arguing that “patents are not granted for the reason that something is beautiful or elegant. The attractiveness of a feature is subjective.” He went on to state that Samsung disputed the notion that functionality derives from the attractiveness of a feature. The gestures Apple has patented are more akin to “fine art,” and thus cannot be patented.

    As of right now, Samsung is clearly attempting to invalidate the patents in suit with the Australian Commissioner of Patents. Apple can’t hold innovation patents and be granted standards patents for the same patents. If the court allows them to do so, such a move would give Apple leeway to “threaten the market” with more patent suits going forward. We’ll have to see how the court responds by being patient.

    Source: ZDNet
    This article was originally published in forum thread: Samsung Refutes "Beauty" and "Elegance" being used in Patent Case in Australia started by Akshay Masand View original post
    Comments 10 Comments
    1. Xirtamii's Avatar
      Xirtamii -
      No offence, I'm trying to be sincere....but can mmi stop posting patent suit news articles. keep the posts related to mods/tweaks/rumour mill/etc... the patent suit articles are just filler with little value to bring me back to this site.
    1. keenpois0n's Avatar
      keenpois0n -
      then go. patent news = apple news, hence it will be posted on the site
    1. clive.weller's Avatar
      clive.weller -
      Quote Originally Posted by Xirtamii View Post
      No offence, I'm trying to be sincere....but can mmi stop posting patent suit news articles. keep the posts related to mods/tweaks/rumour mill/etc... the patent suit articles are just filler with little value to bring me back to this site.
      You don't have to read every article published if you don't want to. Just skip it and go on to the next or is that a bit too difficult for you?
    1. Jahooba's Avatar
      Jahooba -
      This slide to unlock thing is a very interesting dispute. I think Samsung may have a good point: how can you patent what the human does to interact with the computer? How can you patent a human hand gesture? The code for doing it or the particulars of the software, sure.

      But then, the product's design influences how the user interacts with it, sometimes in unique ways. For example, a glove company designs a strap for a glove that makes pulling on that glove easier - in order to put the glove on the person needs to use their other hand to pinch this new strap. If Samsung were disputing this patent the would ask how a simple "pinch" of the fingers can be patented. But that would be missing the point.

      It seems Samsung is trying to invalidate a valid patent by means of a technicality. Which is fair - the wording of a patent is very, very important.
    1. b1997469's Avatar
      b1997469 -
      I've been using this word a lot lately and this is where it goes well. Apple are 'petty' with their stupid little lawsuits. They look really bad and 'petty' its not going to do them any good as the more stupid lawsuits they do the less of a nice company they look like and customers wont want to give them any money and they go elsewhere to get their devices.
      I'm just waiting for some extra money to leave my POS iPhone4 behind and get an awesome Galaxy, either the Note 2 or the S3. Maybe a wait a few more weeks and get the S4, who knows but I do know one thing for a fact it WONT be another Apple device.
    1. zplit's Avatar
      zplit -
      Quote Originally Posted by Xirtamii View Post
      No offence, I'm trying to be sincere....but can mmi stop posting patent suit news articles. keep the posts related to mods/tweaks/rumour mill/etc... the patent suit articles are just filler with little value to bring me back to this site.
      How about don't read it pal. Ur Post alone is an offence to this forum.
    1. jOnGarrett's Avatar
      jOnGarrett -
      Quote Originally Posted by Jahooba View Post
      This slide to unlock thing is a very interesting dispute. I think Samsung may have a good point: how can you patent what the human does to interact with the computer? How can you patent a human hand gesture? The code for doing it or the particulars of the software, sure.

      But then, the product's design influences how the user interacts with it, sometimes in unique ways. For example, a glove company designs a strap for a glove that makes pulling on that glove easier - in order to put the glove on the person needs to use their other hand to pinch this new strap. If Samsung were disputing this patent the would ask how a simple "pinch" of the fingers can be patented. But that would be missing the point.

      It seems Samsung is trying to invalidate a valid patent by means of a technicality. Which is fair - the wording of a patent is very, very important.

      I wonder how apple got the patent for slide to unlock in the first place since it was first used in 2005 on the Neonode N1m--a phone released to the public a full 2 years before apple's iPhone. also prior art should have rendered the apple patent invalid.
    1. Xirtamii's Avatar
      Xirtamii -
      Quote Originally Posted by zplit View Post
      How about don't read it pal. Ur Post alone is an offence to this forum.
      this will be my last post. i'm done here. these posts make apple look like a monster. they need to protect the IP they have. there is a real negative connotation for law suits with a company. i get this news from other sources. anyways. everyone is entitled to an opinion. apparently in this forum it has to be aligned with the rest of the people here. bite me. i'm done here. account deleted.
    1. kraziebone's Avatar
      kraziebone -
      I disagree I think they are interesting. Don't read if you're not into it
    1. Mrteacup's Avatar
      Mrteacup -
      Quote Originally Posted by Xirtamii View Post
      No offence, I'm trying to be sincere....but can mmi stop posting patent suit news articles. keep the posts related to mods/tweaks/rumour mill/etc... the patent suit articles are just filler with little value to bring me back to this site.
      I have to agree somewhat. Sure I want some updates but I don't want every update of every law suit every time the smallest thing happens. If anything I want major updates..