Smartphones are the most competitive segment in technology today. One of the major players, Apple, has sold over 160 million iOS devices as of this month, the majority of which are iPhones.

Google's competing Android OS is also experiencing impressive growth with 350,000 new activations per day. Google has an advantage, though, in that its mobile OS is present in a variety of devices from different phone makers. Supporters include companies like Samsung, LG, and Sony Ericsson.

Competition is rabid with manufacturers fielding more and more robust product specs such as faster processors, larger memory and RAM capacity, better cameras as well as improved touchscreen and video technology to keep ahead of the competition.

The key to the smartphone segment, however, is software. It's the operating systems that run applications that make these devices truly useful.

Apple's Opening Salvo

Apple recently filed suit against Samsung for allegedly copying design and functionality elements of the iPhone and the iPad. The suit alleges that Samsung copied the look, product design, packaging and user interface of its products, violating its patents and trademarks.

Why did Apple go after Samsung and not Google, who produces the competing Android OS? Because it's Samsung's TouchWiz interface in particular that Apple purports has a lot of visual and functional similarities to its iOS. More so than any other Android variants like Motorola's MotoBlur or HTC's Sense, which similarly alter the standard look and feel of Android with the handset manufacturer's own look and functionality.

"Rather than innovate and develop its own technology and a unique Samsung style for its smartphone products and computer tablets, Samsung chose to copy Apple's technology, user interface and innovative style in these infringing products," Apple claimed in its suit.

I went back to my August 2010 reviewer notes on the Samsung Galaxy S Vibrant that has been said to copy the iPhone 3GS.

"With a shape that's very similar to a larger, thinner iPhone 3GS, the Samsung Galaxy S is one of the lightest smartphones we've tested this year," I had indicated. "In terms of design, this is definitely a less-is-more approach that's conservative, elegant and functional."

Looking back, I was surprised that even the Samsung Galaxy S packaging was similar in dimensions and design to the way Apple packaged and presented the 3GS.

The way the squareish app icons are presented across four rows of apps on a black background are also parallel, as is the "home" button at the bottom centre. But the Galaxy S has a back and menu button flanking its central one. The Clock and Phone app icons are almost identical on both devices down to icon placement and colour.

The Photos app icon from Apple features a large sunflower; the TouchWiz version focuses on petals. The Settings app icon for iOS shows metallic gears while the TouchWiz version features one silver gear.

While it's easy to pinpoint Samsung, though, the truth is that many other devices have clearly taken design hints from Apple, whether it's in the OS, the packaging, or even the accessories. And whether it was intentional or not.

Samsung Fires Back

Samsung responded by countersuing Apple and stating, "Samsung's development of core technologies and strengthening our intellectual property portfolio are keys to our continued success."

Samsung filed multiple patent infringement lawsuits against Apple in Seoul, Tokyo and Germany.

While not a direct response to Apple's claims, the Samsung lawsuits allege that there are 10 patent infringements existing in Apple's technology, including 3G technology, power reduction during data transmission, wireless data communications technology, and 3G technology that reduces errors during data transmission.

Added Complexity

This case is more complex than it might look like on the surface. Last year alone, Apple spent over US$5.7 billion on Samsung components ranging from the A4 and A5 processors used in iOS devices and flash storage, to RAM memory chips and displays used in most of its products.

Apple is Samsung's second largest customer behind Sony, so the business relationship between both companies runs deep.

How this matter is settled will have long-term repercussions for both companies and their customers. More importantly, public perception and awareness of these lawsuits is high because of the popularity of both companies and their products.

Should Apple win the case, it might gain the momentum to sue other manufacturers, or even Google, for similar reasons. As noted, there are a host of devices that have been described as being very iPhone-esque. And Android devices, including those from Samsung, are being released fast and furious, with consumers taking to them arguably more passionately and positively than they have any other competing format. Consider that at the recent launch of the Nexus S, at least 50 people were in line at Future Shop's downtown Toronto flagship store to be among the first to buy one.

Clearly, Apple is intent on sending a message to competitors it believes are copying its products look, feel and functionality.

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