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Authored by: Wol on Saturday, October 27 2012 @ 07:45 AM EDT |
The problem is, everybody is seeing the word "patent" and thinking
what the Americans seem to call "utility patents".
This case is about "design patents" or "registered designs".
Which is a *copyright* or *trade* *dress* issue.
And this can be a matter of life and death. Do you want to go to a shop, buy a
box of brake pads with the Ford logo on them, and have them fail a couple
thousand miles later, because they were cheap rip-offs?
THAT is why the Judge(s) made the comment about "how could anyone mistake a
Galaxy for an iPhone?". If an ordinary person has no difficulty telling
them apart in a side-by-side comparison, then no design patent should be
infringed. They are intended to prevent a copycat causing confusion in the
market (which is exactly how NCR destroyed its competitors in the heady Robber
Baron days!).
Cheers,
Wol[ Reply to This | Parent | # ]
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