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Complete Analysis of Apple v. Samsung

Former Managing Editor of Engadget Nilay Patel has a very in-depth analysis of Apple’s lawsuit against Samsung alleging intellectual property violations. He is known for his credible legal analysis having received a J.D. from University of Wisconsin and this is a great long-form piece worth a read.

Patel methodically picks apart each claim and explains them in a digestable style. He points out the “strongest claim of all” is the blatant copying of Apple’s “registered trademarks on several iOS system icons.” There is so much meat to this lawsuit that the system icons claim merely scratches the surface of Samsung’s alleged IP violations. See graphic at right comparing iOS and TouchWiz icons respectively.

A few more gems:

The company’s complaint bluntly says “Instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple’s innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design, in violation of Apple’s valuable intellectual property rights.” Oh boy.

Taken as a group, it feels like a remarkably solid case — Samsung can’t just up and countersue Apple with its own patents and hope to walk away with a handshake and a cross-license because of the various trademark, trade dress, and design patent claims. How the company decides to deal with those issues remains to be seen; there’s no question in my mind that Samsung designed TouchWiz to look and feel as much like iOS as possible, and then marketed it as such.

It looks like Samsung is looking down the mouth of a lion.

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