Apple takes a byte out of the smartphone market

iphone4August 24, 2012. That’s the date that an technically unsophisticated jury and a confused judge handed Apple a historic victory.  The damages awarded were 1.05 billion dollars.  Apple won all of its arguments concerning the iPhone while it was a mixed bag for the iPad.  Samsung lost everyone of its arguments against Apple.  In effect,  Apple was handed the keys to the kingdom, so to speak.

It is now free to go after every other Android smartphone on the market.  Windows Phone 7 and 8 phones will be good to go since Microsoft licensed the bogus patents from Apple and agreed to not copy any of the iPhone that they have not licensed.

Apple contended that Samsung products were clones of Apple products and that people would be confused by them.  Yes, I will agree that some Samsung products did, sort of, if you squint, resemble Apple iPhones.  But, there are only so many ways to represent icons on a home page. Microsoft dis, however, find a way to present them with out looking like iPhone, but…I recall my wife’s Palm Centro having a grid of icons that looked like the home page of the iPhone.  And the Centro was out way before the iPhone. In fact, my Moto Q phone, which was out years prior to iPhone, had a similar arrangement. So, I am just amazed that Apple’s ‘trade dress’ could be infringed. 

Again, there were people who decided this case-in only two days, mind you-who, likely, did not know nor were qualified to know the intricacies of the various phones and operating systems. I also suspect a bit of nationalism went into the decision as well.

This case is a terrific example of why our patent system is in disrepair. It needs to be fixed and software patents need to go away, period. 

Apple can compete on an even playing field, they have more than proven that. For them, however, to stack the deck like they have now done, is reprehensible and they should be ashamed of themselves. They have now proven just how ruthless and greedy they truly are.

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