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02-27-2013, 12:43 AM #1
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.
02-27-2013, 04:14 AM #2
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.
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02-27-2013, 04:53 AM #3
then go. patent news = apple news, hence it will be posted on the site
02-27-2013, 05:56 AM #4
02-27-2013, 08:05 AM #5
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.
02-27-2013, 08:38 AM #6
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.
02-27-2013, 12:45 PM #7
02-27-2013, 04:48 PM #8
| Desktop: Windows 7 | Phone: Samsung Galaxy S4 | Tablet: Galaxy Tab 10.1 |
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02-27-2013, 05:30 PM #9
02-27-2013, 06:23 PM #10
I disagree I think they are interesting. Don't read if you're not into it
02-28-2013, 07:11 AM #11