Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Apple strikes back against Samsung; files suit in South Korea

By | June 24, 2011, 12:31pm PDT

Summary: The war between Apple and Samsung has taken another turn as the iPhone maker has filed a lawsuit in South Korea against the company behind the Galaxy S smartphone.

The war between Apple and Samsung has taken another turn as the iPhone maker has filed a lawsuit in South Korea against the company behind the Galaxy S smartphone.

According to Reuters, Apple’s latest lawsuit argues that Samsung “infringed upon several patents.” Unfortunately, more specifics weren’t divulged, but a spokesperson for Apple Korea told Reuters:

It is no coincidence that Samsung’s latest products look a lot like the iPhone and iPad from the shape of the hardware to the user interface and even the packaging.

So whatever the case is about can’t be much different than the bickering that has gone on between these two for the last few months.

This all follows a long back-and-forth legal path between the two tech giants. The ball rolling got rolling when Apple and Samsung followed patent suits against each other in April. Apple claimed that the look on Samsung’s Galaxy S smarpthones and tablets looked awfully similar to the design of the iPhone and iPad. Then Apple asked to see Samsung’s upcoming products ahead of their release dates to check things out and determine if there was any kind of patent infringement.

Samsung responded by filing suits of its own against Apple in South Korea as well as Japan and Germany. Additionally, the Seoul-based tech giant demanded to see the iPhone 5 and iPad 3 ahead their unscheduled release dates as well. Naturally, Apple didn’t like this and is trying to refute Samsung’s claims in California.

With the exception of all the lawyers, lawsuits and other legal matters, doesn’t this all seem a bit high school-like already?

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Rachel King is a staff writer for ZDNet based in San Francisco.

Disclosure

Rachel King

Rachel King has no business relationships, affiliations, investments, or other potential conflicts of interest relating to the content posted in this blog.

Biography

Rachel King

Rachel King is a staff writer for CBS Interactive in San Francisco. Before serving as a contributing editor at ZDNet in New York City for two years, she previously worked for The Business Insider, FastCompany.com, CNN's San Francisco bureau and the U.S. Department of State. Rachel has also written for MainStreet.com, Irish America Magazine and the New York Daily News, among others. Rachel has a B.A. in Mass Communications and History from the University of California, Berkeley and a M.S. in Journalism from Columbia University, where she served as art director for the student magazine, Plated.

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RE: Apple strikes back against Samsung; files suit in South Korea
talih Updated - 8th Aug
Great!!! thanks for sharing this information to us!
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Samsung's request to show iPad 3 and iPhone 5 -- well, no wonder, since the trial is about "trade dress" infringement by Samsung (from icons to case to power charger to packaging), not vise versa.
@DeRSSS

The big question is, while shameless is it ILLEGAL to visually copy a design?
@DonRupertBitByte

Yes. Do some research on "trade dress."
@DonRupertBitByte

Here I was all set to laugh at Apple again or throw out that "if you can't compete, sue" argument that the iFans trot out every time someone sues Apple.

But, looking at the photos of the phones and packaging side by side, that actually is pretty egregious.
0 Votes
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I've already found Samsung guilty
woulddie4apple 24th Jun
@DeRSSS
After all, all of its devices are rectangular, just like Apple's iOS devices.
@woulddie4apple: ... edges, (kin ofa) metallic frame around it, the same shape for speaker, similar icons, similar power charger, similar packaging.

So Apple sues Samsung about this, not HTC, Sony-Ericcson, et cetera.
0 Votes
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Apple was also complaining that Samsung used a green phone icon to represent the phone app. Apple was totally the first one to do this so it is clear that not only are Samsung's devices rectangular, they also used a green phone icon!!

Just helping you out. happy
  • Flagged
@DeRSSS all devices rectangular, but not all of them have rounded ..edges

Shut the front door. Rounded Edges too!?!? What is this world coming to. I agree.. Sue the @#$@%@ into the ground!
I think that being able to sue a company over the fact that they made something rectangular shows the state of our patent system.
@W.E.

I think that if you had read anything about trade dress or anything factual about the suit, you wouldn't have posted such an ignorant comment.
@W.E.
If you look at Galaxy Tab 10.1 and you will realize one thing it almost resembles iPad if it is not turned on. Ok, I give there is no home button in Galaxy. Also the packaging is white box like iPad and the size almost close to iPad. Ok, while I don't agree with the validity of going after for shape, but definitely if someone is ignorant enough, (s)he think both are one and the same.
@Rama.NET I know right, anyone can see the Galaxy Tab 10.1 is Superior!
@Rama.NET

That's the point: If your product is made and packaged in such a way as to confuse consumers as to who made it, you'll probably run afoul of trade dress laws.
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Except it isn't....
James Quinn 24th Jun
@Peter Perry
Just saying.

Pagan jim
@James Quinn Really? Why not? I say it is, you say it isn't... seems kind of like an opinion to me.
@Rama.NET

Take a look at Samsung's packaging again for the Galaxy S, looks exactly like the iPhone's packaging. If it was just the packaging that was similar Apple would have ignored it, but it's a combination of everything combined.

http://www.wired.com/gadgetlab/2011/04/samsung-apple-patent/?pid=1726
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Which is my point exactly....
James Quinn 25th Jun
@Peter Perry
Thanks for backing me up. I could of course argue that the market will back me up on this but I won't go there.

Pagan jim
@msalzberg That's the point: If your product is made and packaged in such a way as to confuse consumers as to who made it

I'm no lawyer.... but as a casual observer, and I do mean casual; if I were to be laying out that kind of cash for a device, there's no way I'd confuse Samsung's Products for Apple's.
@dave95 Take a look at Samsung's packaging again for the Galaxy S, looks exactly like the iPhone's packaging.

Well, other than the big Samsung Galaxy S on the front of the box; you're right.. I'd TOTALLY confuse that for an iPhone.
@Peter Perry I know right, anyone can see there is no way you could have an unbiased view on this case simply due to your small minded hatred for Apple.
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Glad to hear you won't sue me
Robert Hahn 25th Jun
Yes Rachel, it is all "high school bickering." That's why I've decided to start a new web site where I will re-post the entire content of ZDNet without attribution. Since you folks have such a dismissive attitude about such things, I'm sure you won't send any lawyers to stop me.

Thanks.
@Robert Hahn That's why I've decided to start a new web site where I will re-post the entire content of ZDNet without attribution.

Re-posting content is not the same as packaging. But nice try.
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Apple Suit/ Samsung Suit
cbg865 25th Jun
Hey, guys,

Apple believes that they control the WORLD...well, guess what, they are not alone. Apple claims to have "touch capacitive " patent. Oh, remember those tocuh -screen ATMs (Citibank) , I wonder? Let's be real... touch screens were around long before APPLE made popular....
With Apple devices being produced on contract by Samsung and LG, Apple are simply telling the world 'our Samsung made phone is not a Samsung'.
Being a galaxy tab and iPhone 4 owner I am constantly in a state of confusion not knowing which device is which because of the green phone icon. Not only that but apple needs to sue Samsung over the black screen when they are both switched off.
samsung galaxy tab is better than ipad..in term of price and function.
0 Votes
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More better
Robert Hahn 26th Jun
@crazyhorsea
Finally! Some advertising from Samsung! We've been wondering when Samsung would spend some of its vast resources to counter Apple's prime-time television advertising. So they've decided to post notes on ZDNet, eh? Where else will this blitz be unfolding?
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Apple vs iHaters
MacNewton 26th Jun
You people just love to hate Apple, an American company founded in the good old US of A. Not sure, but are any of you iHaters live in North America, and is this some kind of forum thats trying to undermine the development of American technology.
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Message has been deleted.
woulddie4apple Updated - 27th Jun
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@woulddie4apple
hate MS. Granted I'm no fan nor has their products thrilled me or for the most part interested me. Still don't hate them nor do I wish their destruction.

Pagan jim
Does anyone use a spell checker anymore???

This all follows a long back-and-forth legal path between the two tech giants. The ball rolling got rolling when Apple and Samsung followed patent suits against each other in April.
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@msalzberg
Disguising a Samsung Android so that the purchaser thinks she is buying an Apple Iphone would indeed be illegal, just as disguising your Wal-mart gloves to make her think she is buying Dents would be illegal.
But it isn't the shape that is the problem, it is the combination of the intent and the result. Rounded rectangular in black isn't the issue. The presence or absence of distinguishing non-functional Apple features would be. An intelligent defensive would be to replace them with equally prominent and distinctive Samsung features.
Incidentally, features like a green 'phone' button have been around since before the iphone was less than a pip in Steve Job's throat.
Great!!! thanks for sharing this information to us!
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