I get so tired if the black rectangle argument. It's completely disingenuous imo. It's not just about black rectangles as Samsung likes to frame the argument; it's a design for a phone. It's not a black rectangle piece of paper or painting or anything else. It's about a mobile device.
The argument needs to be kept in context and if you were with a company that introduced a new device that looked like nothing else on the market at the time, and then a year or so later a lot of other devices started pooping up that looked like it - what would you do? Just say oh well, it's just a rectangle that's obvious and bound to be copied so we'll just let it go..? I don't think so.
I've worked for a well known design company in the past and I know what goes into coming with something (hopefully) original. I've seen people do it. I've also seen them say, hey that's too much like Product X we need to do something more unique and better. Looking across Samsung's cables, headphones, docks, and even stores, they didn't have to consider that. They just took what someone else did and tweaked it (sometimes) a little and put their name on it. The designers I worked with would never have done this. They would have been fired for it as well.
So all in all, the 'black rectangle' argument in my mind is just complete bs. There's a lot of work that goes into designing 'a thing' and Apple took years to come up with the iPhone. Ultimately people noticed and rewarded them. And so has the jury. While our patent system may suck in a lot of ways, this was a big win for design and physical form.
But Samsung didn't copy the entire design, they copied the basic form factor which, as someone else pointed out, was unambiguously not an Apple invention. Sure, Apple made the first popular device with that particular form factor, but they didn't invent it, and therefore it shouldn't qualify for protection, even if something that general can be protected.
Take a look at this. http://www.wallpaper.com/images/98_02032007_prada_f.jpg
The LG Prada phone - released before the original iphone anouchement (though it looks quite a lot like the current 4/4s).
Rectangular, touch screen phones weren't an apple invention. And shouldn't be protected.
The argument needs to be kept in context and if you were with a company that introduced a new device that looked like nothing else on the market at the time, and then a year or so later a lot of other devices started pooping up that looked like it - what would you do? Just say oh well, it's just a rectangle that's obvious and bound to be copied so we'll just let it go..? I don't think so.
I've worked for a well known design company in the past and I know what goes into coming with something (hopefully) original. I've seen people do it. I've also seen them say, hey that's too much like Product X we need to do something more unique and better. Looking across Samsung's cables, headphones, docks, and even stores, they didn't have to consider that. They just took what someone else did and tweaked it (sometimes) a little and put their name on it. The designers I worked with would never have done this. They would have been fired for it as well.
So all in all, the 'black rectangle' argument in my mind is just complete bs. There's a lot of work that goes into designing 'a thing' and Apple took years to come up with the iPhone. Ultimately people noticed and rewarded them. And so has the jury. While our patent system may suck in a lot of ways, this was a big win for design and physical form.