Katie Marsal
The new statements from Samsung's legal team are in response to an amended complaint filed last month by Apple. Apple has accused Samsung of copying the look and feel the iPhone and iPad with devices like the Galaxy S smartphone and Galaxy Tab touchscreen tablet.
"The Samsung Defendants admit they have not ceased competing with Apple notwithstanding Apple's efforts to avoid such competition," the company wrote in its latest filing, as highlighted by Florian Mueller of FOSS Patents.
Apple has gone as far as to refer to Samsung as "the copyist" in its legal filings. But in its latest filing, Samsung suggests to the court that what Apple feels is copying, Samsung believes is competition.
"Intellectual property and competition are two conflicting goals," Mueller offered in his analysis. "The question is how to reconcile them. If all copying is allowed, there's probably a lot of competition, but investment in innovation and the introduction of new products won't be sufficiently incentivized. Innovators need a certain 'breathing space' — but there must also be room for (fair) competition."
The new filing comes only a few days after Samsung asked the U.S. International Trade Commission to ban the import of Apple products. The courtroom battle between the two tech giants began in April, when Apple first sued Samsung for allegedly copying its mobile devices.
Malcolm Owen
Andrew O'Hara
William Gallagher
96 Comments
Ok Samsung's clock icon looks exactly like iPhone's clock icon. If they can't even think of a different clock style, they are copying.
Ok Samsung's clock icon looks exactly like iPhone's clock icon. If they can't even think of a different clock style, they are copying.
If that's the best Apple can come up with, they're doomed. A clock looks like a clock.
I'm surprised Samsung found a lawyer who could say that with a straight face. Botox probably.
Samsung has point here. There is no Apple logo or similar logo on their devices. Their phone doesn't claim to be an "iPhone" and is missing the word "iPhone".
When Samsung went "back to the drawing board" after the iPad 2 was released and magically came out with the 10.1 Tab, which was little more than an iClone, I think there was a case to be made.
But as both Bill Gates and Steve Jobs said in the early 80's, "good artists copy, great artists steal." Jobs is a visionary though, and that leaves all the other companies to copy.