GooPhone Vs Apple who would win in a patent battle?

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 i5 apple iphone 5 patent

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

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!

what is proview ipad,proview ipad,proview vs apple,ipad trademark

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.

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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!

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

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!

apple store shanghai

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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