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Jeff Causey
Guest
Apple and Samsung were scheduled to return to the courtroom today in the latest round of legal disputes between the two smartphone giants. Unlike the first trial that focused heavily on hardware issues, this new round will emphasize software, especially features found in the Android and iOS operating systems. That focus on software features found in Android means Google will play a much larger role this time around.
Apple is accusing Samsung of violating a total of five patents including those covering conversion of data in messages into hyperlinks, background syncing of data, universal search like that found in Siri, auto-complete, and “slide to unlock.” As part of their defense, Samsung is claiming that all of the features, except for “slide to unlock” are actually Android features.
This is going to draw Google into the fight, something Google has managed to avoid for the most part. Google plans to make a variety of engineers available to take the stand, including a possible appearance by Andy Rubin, the former head of the mobile business for Google. Rubin worked for Apple from 1989 to 1992.
Apple is seeking $40 per phone for the patents. They claim violating devices include the Samsung Galaxy S 3 which sold in huge numbers in 2012. This raises the stakes to around $2 Billion if Apple is able to succeed. Apple would also like to get a permanent injunction on sales of some devices in the U.S., but legal experts think that is unlikely.
Countering Apple, Samsung says Apple violated two of their patents. However, Samsung is only asking for $7 million in damages. That small amount is part of Samsung’s legal strategy to make a point that smartphone patents are not worth nearly as much as Apple is claiming. Santa Clara law professor Brian Love seems to agree as he has indicated Apple’s figure seems excessive. He points out that the typical smartphone uses approximately 250,000 patents and there is no solid basis for thinking the five patents in question are any more valuable than the others.
source: Wall Street Journal
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