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  • IPhone Clone Maker Files for Design Patent, Plans to Sue Apple

    While iPhone 5 mockups have already proliferated the Chinese counterfeit market, one the first working clones is actually attacking Apple with a patent suit.

    That’s right, a company who is producing an iPhone 5 clone running Android OS is suing Apple over the design of the yet to be released iPhone 5. The company apparently patented the rumored design and released their “GooPhone.”

    The report originated with Gizmodo China, and claims the company plans to sue Apple if their soon to be released iPhone 5 looks like their “GooPhone.” Their argument against Apple seems to be a simple “we did it first” claiming beating Apple to market means the patent is theirs.

    While this case appears patently ridiculous (sorry for that) to the layman, Chinese courts are notoriously pro China no matter how insane the case. There is a very real possibility that Apple will be forced to pay an incredibly large sum of money in order to prevent their latest phone from being banned in China. Apple needs the Chinese markets and can’t afford to spend weeks toiling over a suit with a patent troll.

    Source: CNET
    This article was originally published in forum thread: IPhone Clone Phone Maker Files for Design Patent, Plans to Sue Apple started by Phillip Swanson View original post
    Comments 69 Comments
    1. oneduality's Avatar
      oneduality -
      Quote Originally Posted by goodgod2 View Post
      Well they did have their device out in the market first.... LOL

      The goophone looks too much like the 4s .. the button placement, the design of the home button .. They would never win a fight against apple over this even if it was to market before the iphone 5... apple is kind of smart that they didn't deviate too much from the 4s design in this case.

      Kind of ironic.. the one thing I don't care for about the iPhone 5 is that it's not much of a change from it's predecessor .. and that one thing is what would no doubt protect them from this obviously blatant move.
    1. luvmytj's Avatar
      luvmytj -
      So if I make a new device based off of very accurate information of a soon to come out device, I can then sue the company with deep pocket who's idea I stole? Hmmmm...
    1. Jsouthernindiana's Avatar
      Jsouthernindiana -
      How foolish. Did thy not do any research at all. They are most likely the ones to be violating the patent. Apple doesn't apply for and receive the patent on the day of sale. Apples patent for this new iPhone has been existent for a long time.
    1. Carvensno's Avatar
      Carvensno -
      Who cares???? LMAO For all we know? That's just a mock up that has been modified. They didn't even turn it on to show any of the features. Sorry but if i'm going to make a statement "I'm suing Apple for copying my Goophone" I'd be showing off all the features of the phone besides just rotating it and comparing to the 4S. Also suing Apple? this somewhat company better have there ducks in a row.
    1. smooth22's Avatar
      smooth22 -
      Lol WUT A JOKE!!
    1. spooneditr's Avatar
      spooneditr -
      Quote Originally Posted by unison999 View Post
      BTW Apple will win this case.
      Based on the fact that Foxconn is a company in China, they will throw their weight around. So will all the companies that makes parts for iDevices, they will join in this fight if it gets that far.
      Also the fact that all the previous released pictures of these parts showed that Apple came out with it first, it is documented by the date of the pictures. Basically all those "spy pictures" will save Apple from this lawsuit.

      I agree with this almost 100% and I'd like to see how this turns out. Very curious and I can't believe this didn't happen earlier.
    1. MrWHOx's Avatar
      MrWHOx -
      Obvious rebuttal: don't sell the new iPhone in Chinese Apple stores, sell them online and have them shipped... for an extreme overhead price.
    1. Krississ's Avatar
      Krississ -
      You guys don't see?
    1. rcm's Avatar
      rcm -
      and apple will counter sue claiming they used their original iphone 4 design to make theirs, and the case will be thrown out.
      on a side note, i've always believed apple should find a way to work with this cloning companies, i've personally used an iphone clone and aside from the obvious lack of support for games, everything else was actually not bad.
    1. MAYORLIM's Avatar
      MAYORLIM -
      Now that's Freaking Stupid and Funny as well
    1. mrblader's Avatar
      mrblader -
      Quote Originally Posted by Anonymous View Post
      This is stupid
      ^ IMOP-serves apple right. suing over patent infringement is only hindering society. Competition is the only thing that is going to further technology.

      Quote Originally Posted by revblaze View Post
      If Apple does end up getting sued, the whole world if going to look at the Chinese courts as a joke. No one in their right mind would believe this.

      Besides, after looking at the chinese design, I'm pretty sure Apple could sue them. The buttons, camera placement, even the whole friggen outer body of this "GooPhone" is almost a replica of the iPhone 4 model. Only differences I see is the extended body of the device and the android icon on the back. I'm almost positive that Apple's lawyers could wipe these guys off the face of the earth.
      from your response, you must be from Merica! I am too...
      But, China is making a point on the audacity of suing. AND, "wipe these guys off the face of the earth", is A BILLION person market!....
    1. Andaz's Avatar
      Andaz -
      Apple would throw 10000 and say Shut up!!
    1. Jabbacks's Avatar
      Jabbacks -
      What could have been wrong if apple had release image of iphone 5 and hide all details from public until it's release? Now the chinese have released their image and apple might be liable for copyright infringement!
    1. bisayakid07's Avatar
      bisayakid07 -
      Do this people really know what PATENT means?
    1. exNavy's Avatar
      exNavy -
      This goophone is a rip off of my Spooge phone. I'm suing the #$%# out of goo.
    1. thazsar's Avatar
      thazsar -
      I really hope this actually goes to trial...that would be AWESOME to see the beating this company would take!!!

      Can they afford $1.4+ billion???
    1. NegativeBeef's Avatar
      NegativeBeef -
      It would be funny if the next iPhone looks nothing like that...
    1. Jarolin Vargas's Avatar
      Jarolin Vargas -
      This is so ****** up. The court better not allow this ****. They copied the phone based on leaks. They stole that design.
    1. Luismiguellopezx's Avatar
      Luismiguellopezx -
      that looks like crap... specially the logo iiiiiiuuuuuuuu!!!!!!!
    1. eightyk88's Avatar
      eightyk88 -
      I thought this would happen. I don't know how long it takes something to pass patent inspections or FCC assuming its 14 days Apple likely has a 2 day lead on them.