Analysis of Apple's Lawsuit Against Samsung, Includes iOS Device Sales Numbers

142014 apple samsung lawsuit

Former Engadget editor Nilay Patel lays out a thorough analysis of Apple's newly-filed lawsuit targeting Samsung for allegedly copying the "look and feel" of iOS devices with its "Galaxy" line of smartphones and tablets. Patel offers an excellent look at the overall lawsuit, as well as a claim-by-claim analysis of each of Apple's sixteen claims against Samsung.

Taken as a group, it feels like a remarkably solid case - Samsung can't just up and countersue Apple with its own patents and hope to walk away with a handshake and a cross-license because of the various trademark, trade dress, and design patent claims. How the company decides to deal with those issues remains to be seen; there's no question in my mind that Samsung designed TouchWiz to look and feel as much like iOS as possible, and then marketed it as such.

The entire report is a solid read for those looking to understand more about how Apple is approaching the issue.

Interestingly, the background portion of the lawsuit also provides total sales numbers for various iOS devices "as of March 2011". Comparing those numbers to known sales as of the end of 2010, asymco's Horace Dediu has calculated minimum unit shipments for the various devices during the first quarter of 2011.

In the lawsuit, Apple variously notes that either "as of" or "by" March 2011, Apple had sold more than 108 million iPhones, over 60 million iPod touches, and over 19 million iPads.

These numbers are material because we know units sold prior to CQ1 and can derive the minimum units sold for these three product lines during Q1.

Namely:

- Total iPhones sold before Q1: 89,971,000 implying a minimum of 18.1 million sold during the quarter (my estimate is 18.4)
- Total iPod touch sold before Q1 (estimated): 55.5 million implying a minimum of 4.5 million iPod touch sold during the quarter (my estimate 5 million)
- Total iPads sold before Q1: 14,789,000 implying a minimum of 4.2 million iPads sold during the quarter (my estimate is 7.3 million).

The question becomes whether the implied level of 4.2 million iPads sold during the first quarter of 2011 is an accurate number, in which case Apple's performance would have fallen well below expectations, or simply an understatement by the company.

Apple is set to announce official figures for the quarter at its earnings release tomorrow. The release should include specific sales figures for the iPhone and iPad, but Apple generally does not issue specific numbers for the iPod touch, instead reporting total sales for all iPod models and then sometimes breaking out a rough share for the iPod touch or stating the device's growth as a means of highlighting its performance on the earnings conference call.

Related Roundup: iPad
Buyer's Guide: iPad (Neutral)
Related Forums: iPad, iPhone, iPod touch and iPod

Popular Stories

iOS 26

15 New Things Your iPhone Can Do in iOS 26.2

Friday December 5, 2025 9:40 am PST by
Apple is about to release iOS 26.2, the second major point update for iPhones since iOS 26 was rolled out in September, and there are at least 15 notable changes and improvements worth checking out. We've rounded them up below. Apple is expected to roll out iOS 26.2 to compatible devices sometime between December 8 and December 16. When the update drops, you can check Apple's servers for the ...
Intel Inside iPhone Feature

Apple's Return to Intel Rumored to Extend to iPhone

Friday December 5, 2025 10:08 am PST by
Intel is expected to begin supplying some Mac and iPad chips in a few years, and the latest rumor claims the partnership might extend to the iPhone. In a research note with investment firm GF Securities this week, obtained by MacRumors, analyst Jeff Pu said he and his colleagues "now expect" Intel to reach a supply deal with Apple for at least some non-pro iPhone chips starting in 2028....
ive and altman

Jony Ive's OpenAI Device Barred From Using 'io' Name

Friday December 5, 2025 6:22 am PST by
A U.S. appeals court has upheld a temporary restraining order that prevents OpenAI and Jony Ive's new hardware venture from using the name "io" for products similar to those planned by AI audio startup iyO, Bloomberg Law reports. iyO sued OpenAI earlier this year after the latter announced its partnership with Ive's new firm, arguing that OpenAI's planned "io" branding was too close to its...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Monday December 1, 2025 2:40 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
Photos App Icon Liquid Glass

John Gruber Shares Scathing Commentary About Apple's Departing Software Design Chief

Thursday December 4, 2025 9:30 am PST by
In a statement shared with Bloomberg on Wednesday, Apple confirmed that its software design chief Alan Dye will be leaving. Apple said Dye will be succeeded by Stephen Lemay, who has been a software designer at the company since 1999. Meta CEO Mark Zuckerberg announced that Dye will lead a new creative studio within the company's AR/VR division Reality Labs. On his blog Daring Fireball,...
maxresdefault

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Monday December 1, 2025 3:00 am PST by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Subscribe to the MacRumors YouTube channel for more videos. Below, we've collated an updated set of key details that ...
Apple John Ternus 2019

Will John Ternus Really Be Apple's Next CEO?

Friday December 5, 2025 9:01 am PST by
There is uncertainty about Apple's head of hardware engineering John Ternus succeeding Tim Cook as CEO, The Information reports. Some former Apple executives apparently hope that a new "dark-horse" candidate will emerge. Ternus is considered to be the most likely candidate to succeed Cook as CEO. The report notes that he is more likely to become CEO than software head chief Craig Federighi, ...
ios 18 to ios 26 upgrade

Apple Pushes iPhone Users Still on iOS 18 to Upgrade to iOS 26

Tuesday December 2, 2025 11:09 am PST by
Apple is encouraging iPhone users who are still running iOS 18 to upgrade to iOS 26 by making the iOS 26 software upgrade option more prominent. Since iOS 26 launched in September, it has been displayed as an optional upgrade at the bottom of the Software Update interface in the Settings app. iOS 18 has been the default operating system option, and users running iOS 18 have seen iOS 18...
iOS 26

Apple Seeds iOS 26.2 and iPadOS 26.2 Release Candidates to Developers and Public Beta Testers

Wednesday December 3, 2025 10:33 am PST by
Apple today seeded the release candidate versions of upcoming iOS 26.2 and iPadOS 26.2 updates to developers and public beta testers, with the software coming two weeks after Apple seeded the third betas. The release candidates represent the final versions of iOS 26.2 and iPadOS 26.2 that will be provided to the public if no further bugs are found during this final week of testing....

Top Rated Comments

Iconoclysm Avatar
191 months ago
Are you aware that Apple copied the ibooks GUI from another software vendor? I remember seeing it years (like in G4 era) before ipad was out, before iBook. It was for keeping inventory of books on a mac.

I'm not gonna bother going looking for the link/screen shot but trust me, that look was used by another software vendor, BEFORE apple used it. And of course that's one reason this wasn't mentioned in the suit I'm assuming.

Edit:
Actually here it is.

http://www.delicious-monster.com/

Image (http://www.delicious-monster.com/images/librarypage/screenshots/inspector_0_topmatter.png)


Won apple design award in 2005. And when was iBooks introduced?

And the co-creator of that product is a UI Designer working on the iPad. Nice work.
Score: 1 Votes (Like | Disagree)
Stratus Fear Avatar
191 months ago
Sigh, you're entirely missing the point of this case. No one's arguing that there's been a grid of icons before, it's just that Samsung went the extra step. See, Android itself doesn't have a near-identical desktop, but TouchWiz does. TouchWiz is what you see here, the icons have been made into squares (like the iPhone), there's now a Dock with frequently used apps with a grey background to distinguish it (like the iPhone), it has a black background (meh) but it uses white dots to note the page it's on (like the iPhone). They went the extra mile to provide an iPhone-like experience for their Android devices.
Yes. People here are failing to understand the difference between traditional patents that we usually hear about here, and design patents. I believe what Apple is suing over is infringed design patents. That the Galaxy S has a icon grid method for selecting applications is irrelevant in that case. They tried to copy the general design and likeness of the iPhone, which is against the design patents.

Also, whoever it was arguing it previously... Let's not trot out the whole "Apple lost the 'look and feel' argument against Microsoft" thing. That was a different case. Design patents still get filed and granted all the time. This is a new case.
Score: 1 Votes (Like | Disagree)