“Baili is just one of scores of smartphone brands trying to cash in on the country’s mobile boom. Legitimate lawsuits are on the rise as Chinese companies build up their intellectual property through research and development, said James Yan, Beijing-based research director at Counterpoint,” Ramli and Wang report. “‘Chinese makers have been building their own IP pools over the past years and are able to somehow fight against industry giants,’ he said. ‘Apple isn’t willing to publicly lose an IP case in China and the best option for them is to offer settlement fees.'”
“Apple should really have caught the potential patent violation before it reached the courts, said Benjamin Bai, the head of Allen & Overy’s IP practice,” Ramli and Wang report. “‘They should’ve found the patent and dealt with it – this should never be a surprise,’ said Bai, who previously had Apple as a client at his former firm. But ‘there are a lot more things Apple can do to get out of this mess. You pay license fees and settle this mess. The second is to appeal and in the meantime try to invalidate the patent.'”
Read more in the full article here.
MacDailyNews Take: It’s either a shakedown or stupidity because there is no infringement. If Apple’s iPhone infringe on Baili’s, then virtually every smartphone introduced since the iPhone debuted in 2007 infringes on Apple’s design patents.
The devices compared:
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