“The issue in the first week of the new Apple v. Samsung trial is what Apple meant by the ‘undisputed fact’ in the attached quote, taken from a joint pre-trial statement,” Philip Elmer-DeWitt reports for Fortune.
“Apple was willing to admit that it didn’t ‘practice’ — or ‘use’ — three claims in three of the five patents it alleges Samsung infringed. It did this, according to a Samsung brief, to avoid opening the door to a challenge of the validity of those patents,” P.E.D. reports. “In its openings remarks, Samsung took that admission and ran with it. It told the jury eight times, in eight different ways, that Apple placed so little value of patents ‘959, ‘414 and ‘172 that it didn’t even use them.”
“The jury may be forgiven, after all that, if it concludes Apple never used any part of the three patents at issue. What Samsung didn’t tell the jury is each of those patents contains not one or two but dozensof claims. Patent 6,847,959: 49 claims; Patent 7,761,414: 32 claims; Patent 8,074,172: 38 claims. In other words, Apple admitted that it didn’t use one part of each patent. The rest — as far as we know — ARE being used.”
Read more in the full article here.
MacDailyNews Take: If Apple spent half the time, energy and money they have on these fruitless, endless worldwide legal farces on designing and building iPhone models with larger displays instead, they would have actually hurt slavish copier Samsung; nipped them in the bud, in fact.
While Apple’s VP of Worldwide Marketing Phil Schiller dicks around in court, Samsung’s marketing runs rings around Apple marketing (which seems content to endlessly ask us which verse ours will be) with a string of contrived, yet very effective to Samsung’s target market, celebrity selfies.
Apple will never get anything anywhere near to the level of justice they deserve. The law simply doesn’t work for Apple. It aids the infringers, in fact. Better for Apple to get busy inventing the next big thing, expect it to get knocked off, and then produce the next big thing, etc. No wonder some investors question Apple’s ability, sans Steve Jobs no less, to constantly innovate, shift paradigms, and revolutionize/invent entire industries. The range-bound stock price speaks volumes. Imagine if Apple could someday revolutionize an industry and actually be allowed to reap the full rewards of their blood, sweat, and treasure instead of being ripped off willy nilly by slavish copiers preying on the ignorati?
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