Daily Report: After Apple-Samsung Verdict, Concern About Innovation

Apple’s victory on Friday in a patent lawsuit against Samsung could, if upheld, give its rivals a kick in the pants to create more original products, Nick Wingfield reports in Monday’s New York Times. Whether consumers respond by buying the more distinctive devices is another question entirely.

Consider the case of Windows Phone, Microsoft’s operating system for smartphones, which looks almost nothing like the Apple software for iPhones and iPads. Reviewers have praised Windows Phone for its fresh, distinctive design, with bold typography and a tile system for using phone functions.

But the phones, including the Lumia 900 from Nokia, have not sold well.

Microsoft’s product has not gained traction for a number of possible reasons, among them the big lead its rivals had in the marketplace and the relatively weak distribution of its main partner, Nokia. But the experience shows that any flourishing of innovative products prompted by the Samsung verdict may not translate into success for Apple’s rivals.

People across the technology industry have expressed concerns about the future of innovation after a nine-person jury ruled in Apple’s favor last week in Federal District Court in San Jose, Calif. The jury said Samsung smartphone and tablet products violated a series of Apple patents protecting a number of designs and functions — including the rectangular shape and rounded edges of the iPhone and the pinch-to-zoom gesture that magnifies an image on Apple devices. The jury awarded Apple more than $1 billion in damages.

Bill Flora, creative director at a design firm in Seattle called Tectonic, acknowledged both positive and negative feelings about the verdict. On the one hand, it could force mobile companies to focus more on design rather than simply acting as copycats, said Mr. Flora, a former Microsoft designer.

But he said the decision could also create a “minefield” for product designers, in which they are constantly second-guessing whether functions will step on someone else’s patents. Mr. Flora is concerned, for example, that Apple’s patent on the pinch-to-zoom function covers a gesture that now is so common that touch-screen products without it would be like cars with square or triangular steering wheels.