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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Form follows function | 311 comments | Create New Account
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Trade Dress idiocy
Authored by: Anonymous on Monday, August 06 2012 @ 02:13 PM EDT
What applications are only available for iPad? Maybe someone in the open source
world can help.

[ Reply to This | Parent | # ]

Samsung was IMO only real iPad competition
Authored by: betajet on Monday, August 06 2012 @ 02:59 PM EDT
I'm still waiting to buy a tablet until they satisfy my needs or those of my
aged parents. Meanwhile, I do occasionally play with tablets at retailers just
to get a first impression. This does not include iPad. iPad has already
disqualified itself.

Anyway, about a year ago I checked out a bunch of tablets and the only one that
came close to meeting my needs was the Samsung. The others had poor response
and/or non-intuitive user interfaces. In a few minutes it became clear to me
why Apple is concentrating on Samsung and ignoring the rest.

I went through the same exercise yesterday. Google Nexus 7 was very impressive
and would have been a complelling candidate with a larger screen. I'm waiting
for the Nexus 10, or better yet a Nexus 12. I'd love to see Apple go after
Google and watch their (Apple's) patent claims disintegrate.

[ Reply to This | Parent | # ]

Form follows function
Authored by: argee on Monday, August 06 2012 @ 06:14 PM EDT
Of course smart phones going to look alike. They lack
buttons, because it is done on screen. They are going to
be rectangular, because of aspect ratio screen issues.
They need a power button, and a home button (android avoids
that).

A car has four wheels, an engine, brakes, bumpers. You can't
or shouldn't be able to patent that.

A Mustang looks a lot different than my Jeep. Why? Because a
car has many more opportunities for variation.

A smart phone does not. There is not much in there that
you can vary. Given a screen that is where all the action
is vs an old style keyboard, they are all going to look
pretty much the same. Rounded corners? Strength.

What can Samsung or other mfg do to make it look different?
Not much. Apple has taken the form that follows the function, set their
engineers to optimize it and arrived at
the only sensible form factor. At this point it ought not
to be patentable or trade dress.

The differences come in side button and the O/S.

If Samsung were to slightly rocker the sides, Apple would
still complain.

Saying rectangular with rounded corners is like saying
"has four wheels and a bumper."


---
--
argee

[ Reply to This | Parent | # ]

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