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> Apples patents are clearly not patents on "smartphones with a rectangular touchscreen and no external UI buttons", but they cover many inventions that make such a phone usable.

Actually, per my understanding, Apple's design patents are exactly that (if you throw in beveled corners). It's true, though, that those aren't the patents at issue in this thread.




Yes, but design patents are a different animal, and AFAIK much easier to work around. So if they changed just one aspect of the design (making it less likely to be confused), Apple would have a harder time enforcing it.


Lots of devices do not infringe on Apple's iPhone trade dress (ie, design patents). Devices that sell millions of units a quarter.




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