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 (Caution)
Related Forums: iPod touch and iPod, iPhone, iPad

Popular Stories

iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Production Will Reportedly Begin Ramping Up in October

Tuesday July 23, 2024 2:00 pm PDT by
Following nearly two years of rumors about a fourth-generation iPhone SE, The Information today reported that Apple suppliers are finally planning to begin ramping up mass production of the device in October of this year. If accurate, that timeframe would mean that the next iPhone SE would not be announced alongside the iPhone 16 series in September, as expected. Instead, the report...
iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
Generic iPhone 17 Feature With Full Width Dynamic Island

Kuo: Ultra-Thin iPhone 17 to Feature A19 Chip, Single Rear Camera, Semi-Titanium Frame, and More

Wednesday July 24, 2024 9:06 am PDT by
Apple supply chain analyst Ming-Chi Kuo today shared alleged specifications for a new ultra-thin iPhone 17 model rumored to launch next year. Kuo expects the device to be equipped with a 6.6-inch display with a current-size Dynamic Island, a standard A19 chip rather than an A19 Pro chip, a single rear camera, and an Apple-designed 5G chip. He also expects the device to have a...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Less Than Two Months Away: Everything We Know

Thursday July 25, 2024 5:43 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
icloud private relay outage

iCloud Private Relay Experiencing Outage

Thursday July 25, 2024 3:18 pm PDT by
Apple’s iCloud Private Relay service is down for some users, according to Apple’s System Status page. Apple says that the iCloud Private Relay service may be slow or unavailable. The outage started at 2:34 p.m. Eastern Time, but it does not appear to be affecting all iCloud users. Some impacted users are unable to browse the web without turning iCloud Private Relay off, while others are...
iPhone 17 Plus Feature Purple

iPhone 17 Rumored to Feature Mechanical Aperture

Tuesday July 23, 2024 9:32 am PDT by
Apple is planning to release at least one iPhone 17 model next year with mechanical aperture, according to a report published today by The Information. The mechanical system would allow users to adjust the size of the iPhone 17's aperture, which refers to the opening of the camera lens through which light enters. All existing iPhone camera lenses have fixed apertures, but some Android...

Top Rated Comments

Iconoclysm Avatar
173 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
173 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)