Apple's lawyers highlight Nokia Lumia in trial against Samsung

We have been following the San Jose, California design patent court battle between Samsung and Apple for the past few weeks. On Tuesday, both companies delivered their closing statements to the members of the jury and Apple took the opportunity to use their final words to pull out ... a Nokia Lumia?

According to WPCentral.com, Apple attorney Harold McElhinny held up one of the Windows Phone-based devices from Nokia (it's unknown exactly which model was shown) and told the jury, "Not every smartphone needs to look like an iPhone."

Apple has contened from the beginning of their dispute with Samsung is that the patent designs for the iPhone and iPad were used as the basis for many of Samsung's smartphones as well as its Galaxy Tab tablets. Samsung has countered by saying Apple's designs were taken from other companies.

The fact that Apple's legal team used a Nokia Lumia in court as part of their defense is certainly an interesting one. Of course, there's no indication that Apple said that they preferred the Lumia design compared to the iPhone but it's clear that the company doesn't have any beef with Nokia.

The jury is expected to start their deliberations later today.

Source: WPCentral.com | Image via Nokia

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41 Comments

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Didn't really read it, but they are right. The Lumia is a beautiful phone. Simple. I love my 800, but I just can't use it as it's too small. But god it's a nice looking and feeling phone.

Nashy said,
Didn't really read it, but they are right. The Lumia is a beautiful phone. Simple. I love my 800, but I just can't use it as it's too small. But god it's a nice looking and feeling phone.

Too small? It's a phone not a tablet, it's already bigger than the iPhone anyway?!

alwaysonacoffebreak said,

Too small? It's a phone not a tablet, it's already bigger than the iPhone anyway?!

In the past 12 months, the HTC One X, Galaxy Nexus and Galaxy S3.

Absolutely too small. I'm well aware it's a phone. I own it after all. For my use, it is a small phone.

Nashy said,

In the past 12 months, the HTC One X, Galaxy Nexus and Galaxy S3.

Absolutely too small. I'm well aware it's a phone. I own it after all. For my use, it is a small phone.

Well I guess it's a matter of taste, my 800 is just perfect from size for me

Nashy said,
Didn't really read it, but they are right. The Lumia is a beautiful phone. Simple. I love my 800, but I just can't use it as it's too small. But god it's a nice looking and feeling phone.

I agree.
I wish Nokia would have used the curved screen design of the 800 on the 900.
900 is perfect size for me.
doesn't feel as good as the 800 though.

Correct me if I'm wrong, but what Apple is trying to say, is that as long as you don't have rounded rectangles you won't get in trouble with them?

Zeet said,
Correct me if I'm wrong, but what Apple is trying to say, is that as long as you don't have rounded rectangles you won't get in trouble with them?

No, it is the culmination of the WHOLE package that constitutes Samsung copying a design - the issue isn't one aspect but the whole product from how it is boxed, how the GUI is setup by default, the layout of applications etc. where as the Nokia 900 is completely different an original. Are there some aspects of Nokia and Apple that are similar? sure there are but that doesn't take away the fact that on a whole the two are entirely different platforms with a different look and feel regardless of whether there are 1 or 2 things similar.

Mr Nom Nom's said,

No, it is the culmination of the WHOLE package that constitutes Samsung copying a design - the issue isn't one aspect but the whole product from how it is boxed, how the GUI is setup by default, the layout of applications etc. where as the Nokia 900 is completely different an original. Are there some aspects of Nokia and Apple that are similar? sure there are but that doesn't take away the fact that on a whole the two are entirely different platforms with a different look and feel regardless of whether there are 1 or 2 things similar.


you mean the boxes with "SAMSUNG" written right across them? I have had plenty of white boxes from previous phone(post-smartphone era). And wasn't the UI used in the lawsuit a fanmade UI? I recall hearing something like that.

I have seen a version of Samsung's OEM charger that is an exact replica of an Apple charger. Square box wall adapter and Apple style plug. Only thing different was that it was black and had "Samsung" on it. I would have taken Samsung's side in this but not after seeing that charger.

jefflang09 said,
I have seen a version of Samsung's OEM charger that is an exact replica of an Apple charger. Square box wall adapter and Apple style plug. Only thing different was that it was black and had "Samsung" on it. I would have taken Samsung's side in this but not after seeing that charger.

You should see my face when I got my Samsung Galaxy S2 to review last year. The box..the packaging.. is pretty much iPhone's with different labels

So this what you are really saying Apple. It would have been ok Samsung had you designed your phone like Nokia did their Lumia 900 and put an OS that sucks on it. We wouldn't be here in court. Instead, you created phones that look way better than our stone age phones (iPhone) and took the smartphone to another level. That is not acceptable. You are destroying our iPhone Zombies which is cutting into our revenue.

JSYOUNG571 said,
So this what you are really saying Apple. It would have been ok Samsung had you designed your phone like Nokia did their Lumia 900 and put an OS that sucks on it. We wouldn't be here in court. Instead, you created phones that look way better than our stone age phones (iPhone) and took the smartphone to another level. That is not acceptable. You are destroying our iPhone Zombies which is cutting into our revenue.

I been saying this forever. They got beat at their own game and they are sore losers. Android is a better OS than iOS and anyone worth their salt knows it.

the420kid said,

I been saying this forever. They got beat at their own game and they are sore losers. Android is a better OS than iOS and anyone worth their salt knows it.

There's plenty of reasons why people would disagree with your opionion on it being the best OS (yes its an opinion even though you are putting it accross as a fact). One that jumps out to me is even now lots of Apps end up being designed for the iPhone first. Two that jumps out in recent memory are Instagram, and Skydrive (skydrive being late to android, rather than being an iOS exclusive). Then there's the android lag..

DomZ said,

There's plenty of reasons why people would disagree with your opionion on it being the best OS (yes its an opinion even though you are putting it accross as a fact). One that jumps out to me is even now lots of Apps end up being designed for the iPhone first. Two that jumps out in recent memory are Instagram, and Skydrive (skydrive being late to android, rather than being an iOS exclusive). Then there's the android lag..

Lest not forget Android also has virus issues... Oh and Java as your main development platform... I'm actually surprised at Nokia for not adopting andorid because of this...

DomZ said,

There's plenty of reasons why people would disagree with your opionion on it being the best OS (yes its an opinion even though you are putting it accross as a fact). One that jumps out to me is even now lots of Apps end up being designed for the iPhone first. Two that jumps out in recent memory are Instagram, and Skydrive (skydrive being late to android, rather than being an iOS exclusive). Then there's the android lag..

Fact are in the numbers, 60% vs 35% for a company that had a full year headstart over the other. Android is the best OS for lots of reasons. More capability at a lower cost which is exactly how Windows beat Mac OS.

Apple chose to lock down native features of hardware. Android doesn't. Example. I need file transfer over BT. It is a native function of the hardware. Using the internal storage as storage for my own files is also a native capability of the hardware but again Apple blocked it. It took 3 years before they got copy/paste and wallpapers. Yet Android Windows, Palm OS and even Blackberry OS allow full customization of the UI at no cost to you the user.

Him saying Android is the best OS is not an opinion, it is a fact. It is the best OS, it offers what people want and it can be summed up in a single word - CHOICE!

Apple only choice is black or white. With iOS if you want a different phone you're screwed. Android is better, if you want a different phone you have hundred to chose from, in more colors, sizes and styles. Apple may have more docks avail, but they can only be used with an iDevice unless you use the headphone jack. With Android docks, many of them support any device that use microUSB connectors and they work with tablets too.

If you said iOS is the best then yes you would be expressing an opinion more so.
1M phone being activated per day, 400M in a single year. Samsung sold 45M smartphone in a single quarter all running Android.

How much more proof do you need for a platform to qualify as "best".

TechieXP said,

Fact are in the numbers, 60% vs 35% for a company that had a full year headstart over the other.

So windows is automatically the best desktop OS because it has the most users? Coca cola is the best form of cola because it has the most users? Tesco is the best supermarket because it has the most marketshare? You do realise how absurb that is

it took 3 years before they got copy/paste and wallpapers.

iOS has full copy and paste support before Android did
(June 2009 for iOS, December 2010 for Android)

http://en.wikipedia.org/wiki/Android_version_history
http://en.wikipedia.org/wiki/IOS_version_history

Him saying Android is the best OS is not an opinion, it is a fact.

Unless you've managed to change sometihng that is opinionated into a fact, then it is still an opinion.

definition of a fact: A thing that is indisputably the case.

The fact that I say Android isn't the best OS makes your statement an opinion..

Fact: Android is a mobile OS
Opinion: People who like Android don't understand the differences between facts and opinions

Apple only choice is black or white.

This has absolutely nothing to do with the OS



How much more proof do you need for a platform to qualify as best

As must as you are willing to provide. But it will always be an opinion.

a.mcdear said,
Of course Apple has no beef with Nokia's phones... they look completely different, and nobody buys them.

I Bought Nokia Lumia 710, Love it, always put smile on me when starting it, compared with "I want to puke" feeling whenever I use android phone.

a.mcdear said,
Of course Apple has no beef with Nokia's phones... they look completely different, and nobody buys them.

Yeah because the growing marketshare each month is not an indicator that someone IS buying them. And you generalized Nokia phones, maybe we should take a look at Symbian and S40 marketshares and then iPhone's? Get back to your cave troll.

This is why such court cases suck and are so damaging to the companies involved - Apple almost admitted that the Lumia 900 has a better design than their own iPhone here.

FalseAgent said,
This is why such court cases suck and are so damaging to the companies involved - Apple almost admitted that the Lumia 900 has a better design than their own iPhone here.

Nice spin. You should work for Fox News.

dead.cell said,
Between this display and the things Siri has said, could Apple have a secret geek-boner for the Lumia 900?

it is a well designed phone , there's no arguing that. just an unfortunate OS

Julius Caro said,

it is a well designed phone , there's no arguing that. just an unfortunate OS


I don't think the Lumia 900 would be as attractive with android on it, honestly.

simplezz said,
But the Lumia is a rectangle with rounded corners. I thought Apple had exclusivity on that

corners are not rounded at all.. thats the point

simplezz said,
But the Lumia is a rectangle with rounded corners. I thought Apple had exclusivity on that

Microsoft also paid for Apple's design patent portfolio.
Pretty sure that would cover all WP devices/partners.

Rightfully so. The Nokia Lumia 900 is living proof you don't have to go down the same road as Apple and come up with original products. Which goes for both phone design as the Windows Phone interface.

.Neo said,
Rightfully so. The Nokia Lumia 900 is living proof you don't have to go down the same road as Apple and come up with original products. Which goes for both phone design as the Windows Phone interface.

weren't nokias and symbian the first phones to have the icon grid thing for apps, always accessible by a button on the phone ? this was done in late 2002:
http://www.howdude.com/wp-cont...oads/2012/08/Nokia-7650.jpg

just because it looks prettier today, doesn't mean apple came up with the interface. although I will agree the whole putting the icons inside a rounded square (like samsung does) stinks of rip off.

nickcruz said,
Remember the Ipaq? Treo Devices from Palm with Windows Mobile.

I had an Ipaq. That thing was pretty neat back then, but the paint peeled off mine so it looked like it said iraq.

Julius Caro said,
weren't nokias and symbian the first phones to have the icon grid thing for apps, always accessible by a button on the phone ? this was done in late 2002:
http://www.howdude.com/wp-cont...oads/2012/08/Nokia-7650.jpg

just because it looks prettier today, doesn't mean apple came up with the interface. although I will agree the whole putting the icons inside a rounded square (like samsung does) stinks of rip off.


I don't think you read my post properly.

nickcruz said,
You could say Palm did that quite a while ago and Windows Mobile had the same thing when you went into the programs Folder. Apple's argument is bull**** on grid icon's for a phone. Remember the Ipaq? Treo Devices from Palm with Windows Mobile.

http://images.appleinsider.com/palm-treo-compare-review.png

http://pdadb.net/img/os/ppc_6....dows_mobile_61_programs.gif

Don't forget to add the Newton that Apple launched in 1993...

http://www8.pcmag.com/media/images/266029-apple-newton.jpg

oh...wait....

But is Apple really claiming that they invented the grid of icons, or is it fodder spread around by people who don't stop and think for a bit?

omgben said,

Don't forget to add the Newton that Apple launched in 1993...

http://www8.pcmag.com/media/images/266029-apple-newton.jpg

oh...wait....

But is Apple really claiming that they invented the grid of icons, or is it fodder spread around by people who don't stop and think for a bit?

perfect so since patents were 17 years long before 1995.. and this was "invented in 1993.. it makes the patent only cover until 2010.. maybe that is why Apple is not using your defence because it would make their patent completely invalid.. awesome

Harold Camping said,
So "Apple has contented from the beginning..." huh? And how great was their contentment, would you contend?

I'd rather they'd be in contempt... ;-)