• Your favorite

    Apple

    ,

    iPhone

    ,

    iPad

    ,

    iOS

    ,
    Jailbreak
    , and
    Cydia
    site.
  • 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. unison999's Avatar
      unison999 -
      Quote Originally Posted by bbrradd View Post
      How is karma a b**** in this situation ?
      Also learn something about patents and patent laws before commenting. This type of behavior would never work in an American court, and will not work in the Chinese court either
      When I refer to karma it is because of injunction Apple filed in Australia and Germany against Samsung, based on black rectangular shape with rounded corner? Patent on a black rectangular shape with rounded corners is not a joke to you?
    1. cowburnator's Avatar
      cowburnator -
      Funniest thing I've read in years.
    1. LilyKing's Avatar
      LilyKing -
      LOL, stupid!
    1. iPhoneThereforeIAm's Avatar
      iPhoneThereforeIAm -
      Nobody looks good in a war - and this is a war about protectionism.
      And given that nobody wins a war (and they're expensive to wage), it's difficult to imagine what drove Apple to start it in the first instance.

      I suspect they simply did the American thing and sued.
      I wonder if they'd still have sued if they could have foreseen a possible product ban in one of the world's biggest markets.

      Ultimately, they never needed to sue with such a quality product range - and in choosing to do so, have wasted a lot on legal fees that could have been better invested in themselves.
      They just made themselves look like foot-stomping brats.
      Little wonder so many enjoy seeing them get kicked in the nuts.
      Fecking mugs.
    1. Spazmonic's Avatar
      Spazmonic -
      Quote Originally Posted by runey71 View Post
      LOL That's priceless
      The music is what makes it more hilarious.
    1. TechnoUniversity's Avatar
      TechnoUniversity -
      Fanboys are mad when a company does something Apple does all the time. Steal an idea, patent it, and then sue everyone who uses it. Yep I for one could care less on this one.
    1. spazturtle's Avatar
      spazturtle -
      Quote Originally Posted by Jsouthernindiana View Post
      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.
      Thats where you are wrong, Apple will only have a patent for the new iPhone in the USA, you can only patent a unreleased product in 1 country's. When it is released they will apply for a fast-track patent in other country's which will usaly be granted in a few days.
    1. flguy725725's Avatar
      flguy725725 -
      What??? In China you can only patent one rectangle at a time???/ What kinda nonsense is this??? In the United States when you patent a retangle you get them all!!!! Pay up Apple $$$$$ that will be 1.2 Billion. Gotta love those foreign patent laws, Apple doesn't have the same influence in China as a the court down the street from Cupertino.
    1. MMX007's Avatar
      MMX007 -
      Omg!
      Rotfluts!!!!!!😄😄😄😄😥😥😓
    1. cpotoso's Avatar
      cpotoso -
      From TFA: "While this case appears patently ridiculous (sorry for that) to the layman, Chinese courts are notoriously pro China no matter how insane the case." Sure, like precisely we all think that US courts are notoriously pro-US no matter how insane the case (Apple vs. Samsung).
    1. fadadman's Avatar
      fadadman -
      Quote Originally Posted by trek-life View Post
      I'm going to say this before it starts. If you are somehow happy about this, and feel like this is "justice." Then you're life is pitiful and you are likely using your dislike for Apple (or any other company unreasonably) as a cover up for how your life never turned out the way you wanted it to.

      So when Apple does this exact same crap (based on design) its ok? your life, not ours my friend, is pitiful.
    1. Glocknine's Avatar
      Glocknine -
      Quote Originally Posted by cpotoso View Post
      From TFA: "While this case appears patently ridiculous (sorry for that) to the layman, Chinese courts are notoriously pro China no matter how insane the case." Sure, like precisely we all think that US courts are notoriously pro-US no matter how insane the case (Apple vs. Samsung).
      .

      +1
    1. edoutmax's Avatar
      edoutmax -
      of course they would compare this to the iPhone 4/4S, the 5 hasn't been released yet
    1. moto_noob's Avatar
      moto_noob -
      Actually, gooPhone will get backfire. Apple already made the device such as prototype and aslo patent the design of the phone before even going to mass production. You have to remember that apple have material evidence and witness of making the phone in the factory way before gooPhone even make a clone of it. Patent law isn't when the material is put to sell, but it depend on when the design is in place or patented it.
    1. tekwiz's Avatar
      tekwiz -
      "can’t afford to spend weeks toiling over a suit with a patent troll."

      Yes actually, they can. That's one of the most ridiculous things ever said about Apple.
    1. PatrickGSR94's Avatar
      PatrickGSR94 -
      Apple would probably sue for this "GooPhone" ripping off the "5" suffix LOL
    1. bigboyz's Avatar
      bigboyz -
      Don't know whether to laugh or just shake my head..guess i'll do both hahahaha!
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by moto_noob View Post
      Actually, gooPhone will get backfire. Apple already made the device such as prototype and aslo patent the design of the phone before even going to mass production. You have to remember that apple have material evidence and witness of making the phone in the factory way before gooPhone even make a clone of it. Patent law isn't when the material is put to sell, but it depend on when the design is in place or patented it.
      Apple did not patent the design.
      If the design was already patented then this Goophone would not be able to patent this phone.
      As to the patent law in China it might be "whomever patent it first gets it". Don't matter if there are people who witness your design before the product came out, or full documentation of the development.
      This is exactly what Apple and big corporate company want to do to patent law in the U.S., unless you patent it first then you did not invent it first even if you have documentation of when you invented the product.
    1. trek-life's Avatar
      trek-life -
      Quote Originally Posted by Micturition View Post
      Your name is Trek-Life. STFU This is funny

      I don't know what name has to do with it. I'm also absolutely certain nothing is going to happen to me if I continue typing my opinion on here, NOR speaking it in person. Period

      Now what?
    1. blinxtom's Avatar
      blinxtom -
      Quote Originally Posted by Micturition View Post
      Your name is Trek-Life. STFU This is funny
      I just lol'd. Hard.