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Apple on the Nokia Lumia in court “Not every smartphone needs to look like an iPhone."

WP Central

Your honor, we present Exhibit A

Today are the closing arguments in the highly watched Apple versus Samsung patent trial, meaning there is a lot of ‘Law & Order’ type drama occurring. Or at least that’s what we like to believe in reading the many live-blogs that are covering the case right now.

Probably one of the most entertaining moments came from Apple’s lawyers who were presenting their final case to the jury. At around 1:38 PM PT their lawyer, Harold McElhinny, evidently held up a unspecified Nokia Lumia Windows Phone and exclaimed...

WP Central

"Not every smartphone needs to look like an iPhone."

In addition, some other device called the Sony Xperia Arc was shown too.

If there is one thing that can be said about the Windows Phone OS and the Nokia line of Lumias is that they certainly don’t copy from any of their competitors and instead have gone their own path.

And although Apple here had ulterior motives for demonstrating that smartphone companies can ‘think different’ when it comes to their products, we can’t think of a better example—or accidental endorsement—than Apple’s for-the-record testimony today in court.

Source: the Verge; via Pino Bonetti (@haikus)

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Reader comments

Apple on the Nokia Lumia in court “Not every smartphone needs to look like an iPhone."

112 Comments

it would be an easy ad to do.  Don't even have to mention the other phones by name just have a bunch of idiot lawyers bickering over who copied who and then have one of them whip out a Lumia and say close to that phrase "Not every smartphone has to look like 'ours' or 'this' or something....just don't say iPhone. then have the jurors fawn over it, get up and leave to go buy one.  Nokia would have to do the commercial cause Microsoft can't make it's 'partner' Samsung mad.

spot on. 
But I wouldn't even have a 'modern-looking' smartphone. In other words, don't have them hold up something that looks like a SIII or 4s .. but something much older. 
Remember when all cordless phones looked the same? Looking back now, do you think their 'modern' design really makes a difference in their value as a piece of technology? No. A cordless phone looks like any other cordless phone. 
"Hey Chet, toss me a Bud Light!" 
(Imagine Chris Parnell mocking that.)
Anyway .. the point is, make light of this redonk and fickle court battle and drop the trump card: WP8. Let the marketing escalation folk duke it out in court and waste a bunch of energy on legacy UX while the W*8 teams sit back and roll out the framework and foundation for a better future for mobile computing. 

I am glad it was just "See how different it can be". But the accidental endorsement could be good, and it could be bad. It was a very carefully worded demo. ( i just wish there could have have been a word flip of "better")

there is still a WHOLE lot of irony in that statement, given that it was Apple who originally said 'Think Different'

lots of tech blogs have said WP looks like something Apple made.  And really, WP7/8 makes iOS look REALLY old.

Yes agreed, I was just trying to sway an iPhone user the other day how iOS does look quite old. Only about 6 years old, but that's ancient in "tech years." I highly recommend these two articles regarding Apple's addiction to "skeuomorphism."
http://gizmodo.com/5849940/ugh-god-why-apple-is-making-everything-look-like-an-ugly-wild-west
http://madebymany.com/blog/apples-aesthetic-dichotomy
To quote the latter:
"For me, the most interesting software interface design is being done at Microsoft with Metro on Windows Phone 7 and Windows 8. Here there is no effort to offer spurious concordance with the legacy technologies the software replaces. It is digitally native design.

I can't wait for Apple to turn its back on this regressive aesthetic infantilism."

More like a Cold War. With each able to guarantee mutual destruction, an uneasy truce has evolved. Neither really trusts each other but they have agreed not to fire on each other.

Although I have had many Samsung products, I will agree that Samsung's products are repetitive and seem ripped off some other device. I never usually agree with what Apple says, but I have to give them a hand on that. Not every phone has to look like an iPhone. That is why I am a Nokia Lumia 900 user. :) Its beautifully unique.

Hahahhaha....
Apple Gone a Mad.
Alas!! Steve Job's soul must be shocked on current management's action. ...lolz

In actuality, the court clerk was an Apple fanboy and misquoted the man. What was actually said... "Your honor, if it please the court, I present to you a Nokia Lumia 900... the most uniquely designed smartphone in human existence today. Note the elegant, sleek curves along the edges, the vibrant screen displaying the brilliant Live Tiles of Windows Phone. We believe that if Samsung is to copy somebody, it should be Nokia. We would copy it ourselves, but we still claim to 'think different'."

The way I see it if apple wins their not going to be able to redesign the ibrick without having it look like something already out there let alone a beauty like the 900. CrApple should get sewed by "Lego" for copying the brick!

+1 you are right they can't get away from their old design and if they do it will look like someone's else and they will get sued for copying. BTW Motorola is suing Apple for patent's use this is another way of Google saying you screwed with Android OEMs we will get you too.

It has been confirmed by general the destroyer That it was Wozniak's phone used in the court room today.

To me the only thing Samsung copied is the software look. Put a Samsung and iphone side by side and its no issue, put them side by side with homescreen on and well, i dont like apple but they do look similiar then.

Im on apples side on this...
Android is a stolen products.. Samsung deserves to be sued and pay apple the infringement.. I don't hate APPLE... I hate ANDROID...

Android  Jellybean is pretty good... and Android is produced by Google... not Samsung.  Samsung customized the Android UI but so did everyone else for the most part.  The idea of a screen full of Icons was an idea from the 90's.... and the most Apple can claim is that Samsungs Icons were "influenced" by Apple... even though the telephone was invented YEARS AND YEARS before, as was the musical note... 
I used to be an Apple Fanboy... I still like their products... But I've lost all respect for them for wasting my tax dollars on a frivolous lawsuit such as this.  Apple's motto is "think different" and that's what made them good... they took good ideas... and made them work BETTER than everyone else did... and they won the hearts of America and the world with their products.  Rather than staying ahead of the curve... they became a victim of their own ecosystem and now they want to try and cripple their only legit competition (up until this point) by taking a piece of their pie... instead of completely changing the game again with something even better.
I personally think it's time to abandon IOS as an exclusive software platform... and make something new... and let the other manufactures grow the ecosystem while simultaneously creating something "different."  

They should just ask Siri if Samsung copied Apple's product. It would have probably said, "No, and by the way, Windows Phone is the best smartphone right now."

There is nothing original about an iphone's design. So it is like saying, "not every wheel has to look like a circle". Get over yourself Apple... Your day in the sunshine is over....you're old news.

Your honor, first of all, I am not smoking crack. Secondly, not every smartphone has to look like iPhone. And finally, may I present the successor to iPhone: Windows Phone. We submit Exhibit A, Woz's Nokia Lumina 900.

I can understand companies wanting to fuck over competitors with frivolous patent lawsuits but apple takes things too far. Any moron can see that the galaxy phones don't remotely resemble the iPhone nor does android function exactly like IOS. I hope apples legal team gets Lou Gehrig's disease.

I'm with you, I don't necessarily dislike apple products, but I certainly dislike their law team. They steal an idea and then claim people stole it from them.

Minor correction: Apple doesn't necessarily steal. They buy companies who have genuinely innovative ideas and then pawn those ideas off as if they invented them.

@rbf1337

"Any moron can see that the galaxy phones don't remotely resemble the iPhone nor does android function exactly like IOS."

Are you kidding me? You have to be kidding me. You don't think Samsung lifted design "inspiration" from the iPhone? You really can't be this blind. First off, the lawsuit is over the S1 not the SIII which has been changed to comply with Apple's demands. 

I present Exhibit A. Seriously. Look at this image and tell me there is no similarity. I dare you...

http://verdeandroid.es/wp-content/uploads/2011/10/iphonevsgalaxy.jpg

Notice how the bottom "drawer" design is no longer on the Galaxy S series? Do you ever wonder WHY it is gone? Perhaps maybe because it was so obvious an Apple rip that even Samsung couldn't go on with the charade anymore...

C'mon, man.

I looked at a render/supposed design of the IPhone 5, think it was in the rumor section at gsmarena, and if the real product looks like that Samsung could probably claim Apple added the widescreen to make it look like a Samsung phone...

In other words, the whole thing about arguing how to cut the corners on a rectangular slab is silly.

Let's see, Apple tells Samsung (actually the jury) to switch from Android with 60% market share to WP with 4% market share to avoid copying the iPhone. It's pretty obvious what Apple would prefer. If Samsung wins and Apple's patents are invalidated, every phone manufacturer will eagerly embrace Android and WP will be hurt even more.

You are wrong on so many things my head hurts!

Do you think Apple is saying "OK Sammy, now go copy Nokia instead of us?"! Or are they just saying "there are others who create original designs, and you better get creative"?
Secondly, you think Sammy has 60% market share because their phones look like the iPhone, or Nokia and WP have 4% share because Nokia designs are bad, and if Samsung copied Nokia designs, they would LOSE market share?!

Seriously?
 

WINDOWS PHONE HOME SCREEN NEEDS A  REDESIGN  I THINK ITS THE REASON WP HASNT TAKEN OFF NOT THE LACK OF APPS ......WITH ALL THE WINDOWS PHONE CONCEPT PHONES OUT THERE MS SHOULD TAKE A LOOK OR 2

Why are you yelling? And preaching here about the Windows Phone screen needing a redesign won't get you many on your side (not to mention it will never happen, ever).

How come no real right up about the closing comments in the case. I just read them and man is it juicy. Personally I side with Samsung. They are right. Form factor copying have been the history of phones and products alike. Look at flip phones when they were all the craze every manufacturer did it. Look at all the blackberry copies some even with Windows Mobile. Look at laptops and tablets and cameras they all look alike. Their example of TV's is a perfect example. They all look alike. Apples on some bullshit and now that they have a phone they think their special and deserve a monopoly. Samsung for the win for sure.

Samsung attorney Charles Verhoeven opened both barrels from the start, portraying the trial not as a battle between two tech giants, but a struggle for the heart of the American Dream. Apple is "attempting to block its most serious competitor from even playing the game," he said, stressing that "competition is what built this country." The jury's decision, he said, could change the way competition works in the United States altogether.

He dismissed Apple's claims of customer confusion as folly. "The fact is consumers make choices, not mistakes... there's no deception, there's no confusion, and Apple has no credible evidence of it." Apple, he said, thinks it's "entitled to have a monopoly on a rounded rectangle with a touchscreen." Verhoeven also stressed form following function in technology. "Just think about walking into a Best Buy store. You go into the TV section. All of the TVs look the same. They're all boxes. They're all flatscreens. They're all minimalist designs."

“"Let's not pretend you can patent a colorful row of icons."”

Verhoeven then embarked on withering attacks against many of Apple's witnesses, including icon designer Susan Kare. Kare said during cross-examination that she had conducted a visual comparison of Apple and Samsung icons, not a functional analysis. "This is their expert," he said, voice drenched in condescension. "And she said she didn't know." After comparing the iPhone icon layout to the Samsung Fascinate, he turned to the jury. "And let's not pretend you can patent a colorful row, a colorful matrix of icons."

“"All this copying nonsense is hand-waving from Apple."”

He then went after Apple's concerns about customer confusion, claiming they were utterly overblown; a "shell game" in his words. "All this copying nonsense is hand-waving from Apple," he said. "They know just like I know, just like you know, that no one is going to be confused when buying a smartphone." The jury leaned forward, immediately engaged with Verhoeven's delivery. As things wound on, his became rushed — attorney Kevin Johnson stepped up several times, seemingly to warn him about his time limit before Verhoeven ceded the floor — but it was clear he'd bloodied Apple in the process

I stopped reading when the guy called the iPhone a rectangle. A rectangle is a simple flat shape, whereas phones are 3D objects with multiple details, you ignorant buffoon! What a bunch of morons those Samsung defenders are. How does he find his car on the parking lot if he can't tell the difference between various models?

I believe it's rectangular with rounded edges. Sure the Galaxy S looked like iPhone but was the big bold SAMSUNG on the front not an indicator this is not an iPhone. I'll give it to Apple on software but obviously Things have changed just looking at the Galaxy S3. Mimicking design is nothing new. Besides I'm all for competition.

Stealing industry desgins is not competition. It's stealing. If Samsung started producing cars looking exaclty like Ferraris or Porshes but only with a different logo slapped on them - don't you think they'd deserve to get theirs asses sued off?

100 billion in cash during a recession, whilst Nokia are in the shit. Cannot wait for the iPhone 5, my Lumia 800 has been a total disappointment.

I feel sorry for you, WP7 is light years ahead of any iOS and WP8 will be better than iOS 6 I guarantee it. That's what it is really about, not a single manufacturer

I still think my focus flash is the best looking wp7 Samsung! They never needed an iphone clone in the first place!Battery life sucks tho :(

This could get interesting. Here, Apple has "said" that the Nokia windows phone does NOT look like their phone. Once windows phone gets a larger market share and starts reducing Apple's share, they will have to find something else to complain about