Apple/Samsung is much less clear. There were phones in black and glass before the iPhone. Apple had appropriated much of its own trade dress elsewhere. In the Uber/Waymo case, these are clearly patentable new innovations. There’s a lot less wriggle room.

When dealing with mobile phone/tablet innovations, there’s the whole question did this interface already exist in desktop versions. Many of the mobile patents are very dodgy and should never have been granted (no innovation, just moving an interface from one platform to another, obvious). Then there’s the question of how much of the actual manufacturing innovation was also spurred by Samsung engineers when working with their Apple peers.

The Samsung engineers cannot unlearn what they learned when building factories for iPhone. Apple was a willing partner in that technological partnership (and still are much of the time as they can’t get what Samsung does elsewhere). I’m not saying there were no IP violations in the Apple-Samsung case, I’m saying that the two cases are not equivalent.

In the Waymo/Uber case, we are dealing with straight criminal activity. Jail time should be the remedy, not a civil suit.