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The point is, it won't hold up in court. Not in that way. let's not pretend the ruling will be about whether a company can hold a patent to a rounded triangles. The ruling will be about whether Samsung copied Apple's design (that involves making a judgement a call on whether the combination of rounded triangles, colours, packaging, etc, etc, etc was an Apple knock off or not).
No company is going to have to worry about using rounded triangles off the back of this court case!
I will officially hereby announce that I shall eat my hat if that happens. Ever. I'll have to buy one first of course.
Don't be so confident.
I saw a judge block a product in Europe due a Community Design (not even a patent! Just a bunch of very generic drafts done with a pen in a paper, that even a kid can do). And we got the very strange trend of rulings favoring product bans in the first instance in the courts.




Member since:
2005-12-18
It has little effect on these very large business that you usually see fighting each other. But it can be devastating for a small, really innovative, startup.
If these stupid IP claims on top of very trivial stuff, like rectangles and icons, began to be held in courts, you will end up with a scenario that will be impossible for you to actually open a tech company at all in USA (and to a lesser extent, Europe).