Apple now argues it practiced 3 asserted patent claims in the past, Samsung disputes

“It’s an oddity that on the third day of the Apple v. Samsung II trial in California the debate is not about whether Google and Samsung infringe Apple’s patents-in-suit but whether Apple itself practices its patents, or more specifically the asserted patent claims,” Florian Müller writes for FOSS Patents. “This morning by California time, Apple and Samsung just made submissions in response to Judge Koh’s Thursday evening order. The judge presiding over this trial had largely denied Apple’s motion for permission to present evidence (and curative instructions) but requested further briefing ‘as to what timely produced and/or timely disclosed evidence exists in the record as to whether Apple in the past practiced Claim 20 of the ‘414 Patent, Claim 18 of the ‘172 Patent, and Claim 25 of the ‘959 Patent’ (emphasis added).”

“At first sight I think it’s possible that something will be told to the jury about Apple’s claim of past use, but what Apple has filed is probably not strong enough, especially in light of the stipulation, to fundamentally change the jury’s perception,” Müller writes. “The jury now knows and will still know, even if Apple makes a past-practice argument, that those three asserted claims are simply not coextensive with the ‘features’ Apple alleges Google and Samsung have copied. This means that the features can be implemented without infringing those claims, and it limits the commercial value of the claims. I think the name of the game for Apple in connection with practice, non-practice and past price is now just to contain the damage.”

Read more in the full article here.

MacDailyNews Take: If Apple’s crack legal team ever recoups anything near to what Google, Samsung et al. have stolen from Apple, we’ll eat our Macs.

Related articles:
Samsung twists truth, tells jury – 8 times – that Apple never used 3 of the 5 patents in lawsuit – April 4, 2014
Apple loses bid to show patent use in Samsung trial – April 4, 2014
Apple v. Samsung II: A user-friendly checklist for the new jury – April 3, 2014
Florian Müller: Apple does not ‘own’ multitouch smartphones and tablets any more than Samsung ‘owns’ phablets – April 3, 2014
10 European judges found Apple had not invented slide-to-unlock (star patent at Samsung trial) – April 2, 2014
Florian Müller: When all is said and done, despite years of Apple litigation, Android will continue to be world’s most popular mobile platform – April 1, 2014
Apple v. Samsung jury is seated in California patent trial – April 1, 2014


  1. lets see now , must be the samsung legal team of dewey cheatham and howe vs. mr. apples hungerdunger, hungerdunger and hungerdunger.

    looking to me like mr. apples legal team is just not up to the task of anticipating every possible legal and barely legal angle and being ready for it.

    even as hidebound an institution as the united states military, which is always ready to fight the last war, figured out the wisdom of having a “red team” to search for weaknesses in our defenses and military doctrines and tactics.

    whats up with the apple legal team ?

    hard to imagine how somebody in the right can get screwed in court, but i guess that’s why there have been any number of innocent people on death row.

    partly, if not largely, due to poor representation. which is what we seem to have here.

    1. my c­­­­o-­­­­wor­­­­ker’s ha­­­­lf-si­­­­ster ma­­­­kes $8­­­­9 /hou­­­­r o­­­­n t­­­­he l­­­­aptop . Sh­­­­e ha­­­­s be­­­­en fire­­­­d fro­­­­m w­­­­ork f­­­­or five mo­­­­nths ­­­­b­­­­­­­­ut las­­­­t m­­­­onth h­­­­er c­­­­heck wa­­­­s $21­­­­382 ju­­­­st ­­­­wor­­­­ki­­­­ng o­­­­n th­­­­e la­­­­ptop fo­­­­r a f­­­­ew h­­­­ours.
      l­­­­ook a­­­­t th­­­­is s­­­­ite……..

  2. Apple is floundering in a legal morass of its own making, in that instead of being seen as wanting to extract fair and judicious compensatory damages for the alleged use of the asserted patents, they are now seen as predatory patent trolls intent on holding back the development of technological advances because they themselves have been unable or unwilling to keep up with their competitors pace of change and are as a result falling further and further behind in the technological race and being exposed as patent trolls in the court of public opinion.

    The public is perceiving that they are now relying on the courts as a bulwark against competition instead of being an enabler riding the frontmost wave of innovation in tech. That’s Tim Cook’s look back in anger strategy, instead of looking ahead to pushing innovation forward.

    1. There’s delusion then there’s mr troll. Be great if you tell us about all this apparent innovation Apples competitors are producing or indeed your competence to judge public opinion when there is no evidence for it. Aah but then that’s not the point I guess in such dribble.

      1. Everyone who disagrees with you is a paid troll, eh?

        His post is reasonable. Yours smacks of extreme fanboyism.

        Screw samsung. But he’s right about apple.

        Apple has become a litigator, not an innovator, and the public is seeing it.

  3. Re: MDN Take:

    Apple’s attorneys can only work within the framework of the law. It’s the law, the law makers, and judges that are the problem, not Apple’s lawyers.

    Would you rather Apple be represented by the jokers from Quinn Emanuel Urquhart & Sullivan?

  4. ‘Pigs will Fly’, before Apple Inc. gets anything from Samsung or anyone else. Having said that I have little sympathy for a company that has mercilessly exploited a huge and loyal customer base for more than 30 years. ‘What goes around, comes around’.

    1. I honestly have no idea whether you are talking about Apple or Samsung. They are both horrible companies.

      But apple is the predator, here. Apple is the worst patent abuser of the 21st century. So if you were talking about apple ‘getting their come-uppance’, I agree with you!

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