Apple and Microsoft's Licensing Pact Spells Out Cloning Taboo
August 14, 2012 1:24 PM
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Thou shalt not clone, says the legalese
It's common knowledge that when Microsoft Corp. (
) briefly stepped in to save the
train wreck that was Apple
, Inc. (
) in the mid-nineties, the pair cemented their bond with a
deep cross-licensing pact
which has been responsible for the relative peace between the pair in these hyper-litigious times. During the
copyright infringement trial
being held at the
U.S. District Court for the Northern District of California
between Samsung Electronics Comp., Ltd. (
) and Apple, that licensing relationship was the topic of some questions, questions that raised interesting details.
Apple patent licensing/strategy director Boris Teksler is quoted by
as testifying, "The Apple and Microsoft cross-license does cover the design patents. However, we took special prohibitions from both parties so there is what I term an 'anti-cloning' provision... so we couldn't copy each other's products. There's a clear acknowledgement that there's no copying."
The cross-licensing agreement covered both design (aesthetics) and utility (technology) patents worldwide.
[PDF] of that 1997 arrangement it then highlighted the passage that Mr. Teksler was talking about:
In other words, Apple and Microsoft won't sue each other for individual features (e.g.
swipe to unlock
, or bounce animations) or minor design details (e.g.
a rectangular smartphone
), but if either company feels the other is "slavishly copying" the entire comprehensive product, they could -- in theory, at least -- sue the other.
Is this interesting? Certainly.
How does it affect the Samsung v. Apple case? That is unclear. Apple clearly claims that Samsung "cloned" its products.
Apple claims Samsung "slavishly copied" its products. [Source:
David Paul Morris/Getty Images
But ultimately this testimony could be used against Apple if Samsung can establish that its smartphones/tablets are as different from the iPhone/iPad in design and user interface as Windows Phone 7 handsets and Windows tablets are from the iPhone/iPad. Because if the level of differences is similar, and it was enough to constitute "slavishly copying"/cloning, the question would be why Apple isn't suing Microsoft as well.
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RE: cut from the same cloth
8/14/2012 7:31:50 PM
Its funny how much Samsungs started to look like iPhones in 2010, which is right around when their sales started to skyrocket. A 2009 Samsung Android smartphone looked nothing like an iPhone, and anything before then definitely didn't look like an iPhone. Nope, 2006 was when RIM took them to court for ripping off the Blackberry.
How little things change. Apparently a photocopier is the most important tool in the Samsung consumer R&D labs.
Perhaps HTC (who Apple singled out as NOT copying the iPhone) and Motorola would be in better shape if they resorted to copying Apple instead of doing their own unique designs.
RE: cut from the same cloth
8/14/2012 7:35:44 PM
It's funny how most of their phones looked similar before the iphone....DERP...
RE: cut from the same cloth
8/14/2012 7:39:59 PM
I mean, look at this:
Note the Blackjack the RIM sued them over, not just a similar design but also a similar name.
And the Galaxy Ace,
And people say that China is the land of knockoff design, amazing!
"Well, we didn't have anyone in line that got shot waiting for our system." -- Nintendo of America Vice President Perrin Kaplan
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