GooPhone Vs Apple who would win in a patent battle?

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The hot topic on everyone’s lips this week is the news that Chinese phone company GooPhone claim to have patented the iPhone 5 design in China ahead of Apple’s official launch and could start legal action! But if this did happen who would win? GooPhone or Apple?

So Chinese phone maker knock off iPhone producer are claiming that they have patented the iPhone 5’s design before Apple has had the chance. If the claim turns out to be true then one would have to assume they have only been granted the patent in China, and that Goophone (if they should choose) could only start legal action when the new iPhone arrives in China, but who would come out on top?

Over at this post where we have a video of GooPhone’s i5 with the iPhone 4S there are a few comments either for or against GooPhone and their claims.

 GooPhone Vs Apple who would win in a patent battle?

There are obvious fanbois from either the Apple, Android and Samsung camps throwing in their two cents.

The Samsung guys and gals are clearly over the moon at the prospect Apple could have been beaten in the patent wars by and underdog Chinese phone company.

new iphone 5 video hands on leaked GooPhone Vs Apple who would win in a patent battle?

Then there are Apple fanbois claiming it’s ridicuous and GooPhone couldn’t have patented the design, and even if they had would get wasted in any court of law, but is that actually the case?

 

For GooPhone

Although GooPhone would be laughed our of court in the West, here in China Chinese courts tend to side with Chinese companies regardless just how large that company might be.

Don’t think this is true? well look what happened when Apple was taken to court over the rights to the iPad name! A bankrupt computer screen manufacturer managed to beat the richest technology company on the planet over that legal battle!

6890674133 e6de44b34f GooPhone Vs Apple who would win in a patent battle?

Xiaomishop shipping Mi3 and Redmi from EU warehouse internationally!

But could it even be possible for GooPhone to patent their GooPhone i5 design even though it is basically on oversized iPhone 4S? We’ll again in the West this is highly unlikely, but in China it is very possible especially if they have friends in the right places.

There are comments at this post which say that Apple could threaten the Chinese legal system with moving all of their manufacturing overseas which could devastate the areas around Chinese Foxconn plants across China!

foxconn workers GooPhone Vs Apple who would win in a patent battle?

But if they did, where could Apple go? There are no other countries which can be as cheap to manufacture than China with skilled workers who have experience with electronics.

 

For Apple

On the other hand GooPhone have basically made a living off Apple thanks to copying the various iPhone designs over the years, and any court is likely to see GooPhone for who they are.

black goophone i5 apple logo GooPhone Vs Apple who would win in a patent battle?

Much worse Chinese authorities may even feel ashamed that a Chinese company have tried to pull a stunt like this and shut any legal action down before it starts!

Then there is the highly probable fact that Apple have in fact got a valid patent on the new iPhone 5’s design and GooPhone are trying to get a bit of free publicity by making empty threats!

Shanghai China Apple Store Pudong opening July 10 2010 GooPhone Vs Apple who would win in a patent battle?

But like many have said Apple have a lot of pull across the world including here in China, and their legal team are likely able to rip apart anything that GooPhone could throw at them!

 

GooPhone Vs Apple who would win?

As you can see if GooPhone’s claims turn out to be true and legal action is started, it might not be a simple open and shut case and we could end up seeing one of the most epic patent battles of the year between the largest, richest tech company and the company copying them!

What do you think? Who would you side with in an Apple vs. GooPhone patent battle?

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Andi Sykes is the founder and editor of Gizchina.com. He is a huge technology and gadget fan with a soft spot for hacking devices to do what they were not intended for. Follow Me! Linkedin

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  • kanishkapd

    surely i favour goophone.
    apple have been very ridiculous with this patent issues over the years.
    they would do anything to suppress the competitors. let them have a taste of their own medicine.
    and its simply hilarious, that someone could imagine doing such a thing. patent the clone before the original :)

  • ThinkOutsideTheBox

    Andi, check your email, I’ve seen you some interesting videos/links for the GooApple i5!

    • http://www.gizchina.com Andi

      @ThinkOutsideTheBox Cheers mate just read your email and taking a look at the videos now ;)

  • bill

    ‘kanishkapd’ is a moron. plain and simple. the fact the entire planet is JEALOUS of apple’s success is god damned hilarious. and kaniskapd sounds like someone from a country that copies and clones and sells junk.

  • http://www.greentigercreations.com/intechgration sdoak

    Bill. I think you need to open your eyes a little. Apple openly steals ideas but when someone does it to them they sue rather than innovate. They have only been playing catch-up since they last innovated when the first iPhone came out. Have a look at this video.
    Kirby Ferguson: Embrace the remix

    http://on.ted.com/g8Dt

    Competition is a good thing it creates impetus to continually improve and pushes the limits which eventually spurs newer and improved technology. Imagine if the Android never had Speak to it then Siri might not be here. If Android never made pull down notifications iOS might not have them either. Now when will Widgets make it to iOS? It really doesn’t matter because in the long run, it is the consumer who will benefit from competition.

    If Apple spent their time and money on actually innovating rather than playing a playground bully then just imagine what might come about. As for now I can see the 12 the being a big let down. A bigger phone with the same old boring OS with “new” features that are copies from Android.

  • kanishkapd

    @bill
    well my friend…i just voiced my view. so can you. there’s no need for offensive words. i m not from china, but, mind you mr.bill, in a decade or so, the whole world will be craving over the chinese phones. (as well as most other items). and no one will be queuing for your iphones anymore.
    regards.

  • sdoak

    @bill, you sound like you are an Apple fanboy. Which company ships the most Smartphones? Not Apple. Anyway instead of spending so much effort on playing the bully, Apple should steal some more good ideas and then say they invented it. The competition will be good for us, the consumers as this will just spur more innovation. I think you should watch this video.
    Kirby Ferguson: Embrace the remix

    http://on.ted.com/g8Dt

    Apple can steal buy when others do they sue. Instead if crying to mommy they should innovate something they haven’t done since the first iPhone came out.

  • Asd

    Why is everyone saying pull down notification is an android thing…. Seriously people need to stop being ignorant and search for the facts. Pull down notification came out in 2007 by the IPHONE jail breaking community. Also speak is not a google innovation it’s actually from a company called nuance where apple is a licensee “Siri”. I’m all for different opinions just don’t make stupid ones without facts and sources.

  • sdoak

    Okay, maybe I should have said useful pull down notifications. I have an iPad and the notifications suck. So in my mind even if the iPhone jailbreak community made them Google made them better. I never said speak to it was a Google innovation just an idea Apple stole.

  • Big K

    > A bankrupt computer screen manufacturer managed to beat the richest technology company on the planet over that legal battle

    So you’re assuming that patent “battle” should be won by one who has more money, not by one on whose side truth or law is?

    • http://www.gizchina.com Andi

      @Big K no

  • Nick

    I would not buy an apple product or an apple look alike product (unless given for free and I would even sell that) but even if apple was to move manufacturing to lets say taiwan or malaysia for example, I do not think that it would add a lot to their current manufacturing costs. Besides if you google around it is said that an iPhone provides a “healthy” £323 profit for apple.
    So the way I see it, apple could lower profit margines a bit till new production pumps up, or could just make its products more expensive. It is not like people would stop buy them. After all its status symbol of sorts rather than utility products.

  • Tony

    If this goes to court and apple loses every other manufacturer is going to have this done to them there. i have never owned an apple product but we better pray they better win this one. I don’t want to pay more out of pocket on the stuff i like for this bs.

  • Xatix

    “But if they did, where could Apple go? There are no other countries which can be as cheap to manufacture than China with skilled workers who have experience with electronics.”
    Foxconn has proven, that it is possible to manufacture somewhere else when they opened a factory in Brasilia.

    • savron

      cheap is all they got

  • Ben

    Yeah, go ahead GooPhone.. and then Foxconn, or whoever the next Apple manufacturer will soon moving the manufacturing plants to Indonesia.

    Welcome to Indonesia!

  • http://www.Hwt.dk Steen Teglers

    Very nice if some can take up the fight against “Goliath” – I think soon that Apple has become too arrogant.

    Editor-in-chief at Hwt.dk

  • Nw

    “But if they did, where could Apple go? There are no other countries which can be as cheap to manufacture than China with skilled workers who have experience with electronics.”
    Actually many manufacturers are actively working on building production outside of China – there are way too many risks here, discrimination against foreign business, labor costs are growing rapidly. Moving to Indonesia, Vietnam, Thailand, Brazil, India. Started 3-4 years ago with smaller scale business in fashion & garment. Now it becomes visible in electronics and heavy machinery.
    Labor is not exactly cheap in China. First of all it is related to unqualified personnel only. Second, there is a serious pressure on manufacturers pushing to increase salaries. Minimum salary set by law grows rapidly. I’ve faced several sourcing projects ended up with choosing Vietnamese OEM manufacturers – occurred to be cheaper.
    Skills of Chinese factory workers is another myth. Manufacturing is as good here as good your engineers and quality managers are. Qualified personnel in China is extremely expensive, so big factories employ foreigners – better price/quality ratio. I’ve seen many cases when company was not able to find local staff although tried very hard, and ended up hiring a foreigner – occurred to be cheaper, even with expat package.

  • PinoyUSA

    Wasn’t the iphone 4 design patented to begin with. Isn’t it so obvious that the company of GooPhone I5 replicated the iphone 4 a year later. The GooPhone I5 design is nothing new, it’s identical to the iphone 4 which is an older model. So it has a 4 inch screen. It is still an APPLE design. The GooPhone I5 is a copycat, fake and wanna be. The whole world knows the genuineness of the real APPLE design. The GooPhone I5 is just another fake designer from a third world country. APPLE need to start having their iphone/ipod/ipad made here right at home in the US of A. Heck with the cheap labor overseas. APPLE need to support the AMERICAN labor. All USA company should be USA made. Come on, American Pride, NOT foreign made pride. Da USA. Da White Sox. Da Bears. Da Bulls. YES to USA….

    • hanu_blr

      @PinoyUSA,

      i see ur patriotism here for the US of A. But the big-super-bosses of the US of A doesnt like ur or any US of A citizen’s patriotism, they want nothing but money and only money, what makes ur think that how today apples is a 400B company. ? Do u think that they got to that mark by doing all products in US of A ? … No ….
      In other words they suck the blood of poor, paying less prices and make BIG $$$$$$$$$.
      your wish to make every product in US of A doesnt count for Super BIG boss like Apple.

  • bl

    Sure Apple has been sueing quite a lot this year but they actually invent most of their on stuff while goophone is just completely copying the design of the iPhone 5s and they even ‘patented’ it. If you ask anyone and show them the iPhone and then the goophone, they would certainly know who copied who. It is kind of ridiculous that china allowed goophone to patent a design that is clearly a copy. This patent war is also too biased as China will certainly support Chinese companies. Goophone’s YouTube clip claims to be patriotic but they probably only care about the money

    @ hanu_blr

    Yes I do agree with your point but isn’t goophone doing the same? They are also trying to earn lots of money by ripping out of others. We need big companies such as Apple as they contribute to the world’s economy. Apple themselves aren’t at fault for paying the Chinese Factory workers with small wages, they actually have to pay the owner of the factory lot’s of money and therefore, it is the owner that is at fault for not paying adequate wages.

    As a final note, I AM Chinese and I do not live in USA

  • gsreddy

    is it available in INDIA?

  • savron

    GooPhone another Asian ripoff…there is no GooPhone without APPL or the other compaies they rip off.

  • Josh McCullough

    You make it sound like China’s patent laws are corrupt and the US’ are pristine and fair. This is completely false.

    It would be awesome if this company tried to sue Apple…and even funnier if they won!

  • Reign

    Nonsense. It’s just that Chinese are just envious on what Apple is getting beyond their success right now.