“Late on Monday by local time, Apple made a filing in its first California litigation with Samsung that offers a truly impressive narrowing of its infringement claims in that action, roughly cutting them in half, and five hours later, Samsung offered to drop five of its 12 asserted patents but argued that Apple’s case is still far too big to go to trial this summer,” Florian Mueller reports for FOSS Patents.
“Apple’s filing accused Samsung of being uncooperative in the build-up to these filings, but Samsung puts all the blame on Apple and says the case still isn’t ready for a summer trial,” Mueller reports. “There’s also the usual bickering over whether Samsung makes ‘copycat products’ infringing Apple’s rights or, as the Korean company argues, ‘innovative, independently developed technologies.'”
Mueller reports, “Samsung is innovative in some areas but it adopted Google’s Android, which has been found by judges on three different continents (and, just yesterday, by a San Francisco jury) to infringe third-party intellectual property rights, and added its own infringements on top… There can be no doubt about who’s copied from whom, just like there can be no doubt about who singlehandedly revolutionized an entire industry. The only question left to be answered is about scope: which of the asserted rights are both valid and infringed? ”
Tons more, including which claims were dropped and which were preserved, in the full article – recommended – here.
MacDailyNews Take: Apple’s products came first, then Samsung’s:
[Thanks to MacDailyNews Reader “Jax44” for the heads up.]
Related article:
Apple wins U.S. court sanctions against Samsung in patent infringement suit – May 5, 2012
I’m curious, perhaps a lawyer can tell me: if Samsung is forced to pay $Billions to Apple for lost revenue because they “innocently” used a plagiarized OS (Android). Can they then sue Google? 🙂
Willful adaptation and acceptance of Google’s OS despite notice of infringement from Apple, makes that possibility moot.
with Samsung, it’s not so much that they used Android. Apple’s suit against Samsung is as much about trade dress issues been OS patent infringement. Even with Android Samsung didn’t need to make their products and GUI resemble the Apple against which they competed.
As someone mentioned below, the suit against Samsung is not just about Android features from Google. Also, I don’t believe Google made any warranties to Samsung about Android being free and clear. Samsung would probably have a hard time suing Google over its own losses.
Apple’s legal fees – $150,000,000.
Legal judgement against Android – $150,000.
I’d say that’s a good return on capital, not. Apple might as well piss the money down the drain.
BLN,
Cranky this morning?? Let me guess, if those lawyers were not working on this case, they would be doing what?? And would they not still be drawing a salary??
Apple is not in this for the money. They want companies to use their own designs not just copy Apple. Just a thought.
While I agree that Apple is right in pursuing these lawsuits, I do not think that the attorneys that they’re using around the world are all on their normal payroll. They are definitely paying for outside help
I guess the question that remains to be answered is; are they getting help, or are they getting fleeced?
Apple’s losses due to market share stolen by Samsung duping innocent buyers into thinking their phones were as good as iPhones probably is in the billions. And, going forward, the tens of billions.
So, $150 million to stop or reduce that is worth it.
You really need to compare what actually matters. Apple doesn’t want cash from Samsung. If they did, they would have made some kind of licensing deal. Instead, they most likely want Samsung to STOP making products that are only competitive because they include features Apple has patented, or by making products that dupe people into believing they’re getting something just like an Apple product.
SameSong should stick to refrigerators. I bought a nice one last year.
Apple is trying to scare, negotiate, and get some compensation from Samsung before 4G patent war starts. And, since Samsung has highly favorable scenario in 4G patent dispute, Apple has no choice but to negotiate or get cash now on the 3G platform, as Samsung will sue the hell out of Apple to the point where it will become the next Nokia in 4G.
There’s not going to be one company that controls the patents for 4G, and there is going to be a major and very painful backlash coming for companies trying to use FRAND patents to extort or bully their competitors.
In short your post is completely false.
“BILLIONS” Samsung. BILLIONS!
Samsung: You are soooo screwed.
Take it now, take it later, same result.
Unfortunately, Florian Mueller is a shill for both Oracle and Microsoft and is hardly an independent observer. His views are simply paid for by these companies and his “opinions” should be considered as a branch of their marketing arm.
Unfortunately you don’t like the message, this you are trying to put bullet holes in the messenger.
The fact that Mueller is paid by certain companies does not make his statements or analysis false.
There are plenty of ignorant Google and Android trolls wandering around in the Internet who would say otherwise, truth is an inconvenience to them, as is justice or morality.