Opinion: Is the case for Apple ending its patent battles with Samsung stronger than ever?

Men are silhouetted against a video screen with Apple and Samsung logos as he poses with Samsung S3 and Samsung S4 smartphones in this photo illustration taken in the central Bosnian town of Zenica

Steve Jobs famously declared back in 2010 that Android was a stolen product, and he was willing to “go thermonuclear war” in order to “destroy” it.

“I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong,” Jobs said. “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”

Back in April, I suggested three reasons it might be time for Apple to settle its Android disputes and move on. The relatively small damages award in the most recent case (and which now looks set to be further reduced) provided a fourth reason not long after I wrote that piece. But I think the case today is even more compelling …  Read more

Samsung’s lawyers calling Apple a “Jihadist” and the trial “Apple’s Vietnam” not helping settlement talks …

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While FOSS Patents’ Florian Mueller may be confident of Apple and Samsung reaching an early settlement on their patent disputes, a court-mandated update on the talks seems to tell a different story, with each side explaining why talks were not going well, reports The Verge.

For Apple, that includes statements made by Samsung’s lead attorney John Quinn, who referred to Apple as a “jihadist” and called the protracted trial “Apple’s Vietnam” in a pair of interviews …

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Apple in talks with Samsung to settle all future patent disputes out of court

A man is silhouetted against a video screen with Apple and Samsung logos as he poses with a Samsung Galaxy S4 in this photo illustration taken in the central Bosnian town of Zenica

Korea Times (via Fortune) is reporting that Apple and Samsung are in talks designed to settle all future patent disputes out of court. FOSS Patents’ Florian Mueller believes that a settlement will be reached “very soon.”

“Things should come to an end during the summer. Apple doesn’t have an endgame strategy. Its agreement with Google shows that its management is looking for a face-saving exit strategy from Steve Jobs’ thermonuclear ambitions,” Mueller said …

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Samsung says Apple will be “dancing in the streets of Cupertino” if awarded even $100M

Men pose with Samsung Galaxy S3 and iPhone 4 smartphones in photo illustration in Zenica

During closing arguments in the second Apple vs Samsung patent trial, Samsung’s lawyers repeated its claims that it doesn’t “owe Apple a nickel,” and suggested that “they’ll be dancing in the streets of Cupertino if you give them $100 million” of the $2.2B Apple is claiming.

Samsung is attempting a multi-pronged defence essentially amounting to ‘our phones didn’t infringe the patents, and even if they did, that’s down to Google, and even if we are responsible, the patents are not worth nearly as much as Apple says they are’ …  Read more

Samsung bought two patents specifically for use in Apple trial, say attorneys

facetime

In the ongoing patent trial where Apple is claiming Samsung infringed five of its patents, and Samsung is claiming Apple did the same to two of its patents, it has been suggested that Samsung bought the two patents concerned specifically to sue Apple. The allegation was made by Apple’s attorneys, reports The Verge.

The original inventors on the video patent, for instance, originated in Oklahoma, and the gallery patent originally belonged to Hitachi. In the case of the video patent, Samsung disclosed that it paid $2.39 million to acquire it in 2010, the same year FaceTime debuted alongside the iPhone 4. Apple hopes that will stand in stark contrast with its five patents, two of which were filed the day the company introduced the iPhone, and all developed within the company …

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Death of Steve Jobs prompted Samsung’s U-turn on Apple attack ads

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We learned yesterday from patent trial evidence that Samsung was worried about running ads that directly attacked Apple, wanting Google to do it for them. We now know that it was the death of Steve Jobs which prompted Samsung’s change of mind, running the Next Big Thing ads which directly mocked Apple customers.

An email trail shows that Samsung America’s VP of U.S. sales Mike Pennington cynically described the death of Jobs as “the best opportunity” to run the campaign, as consumers might be worried about Apple’s future product innovations following the death of its famous co-founder.

Sorry to continue to push this issue, but I have seen this far too long and I know this is our best opportunity to attack iPhone …

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Opinion: Should Apple settle its Android disputes and move on?

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With Apple in the midst of its second major court battle with Samsung over alleged patent violations, and all but one of the five claims relating to Android rather than to anything Samsung-specific, it’s gotten me wondering whether further cases of this kind are truly beneficial to Apple.

I understand it emotionally, of course. It’s galling to work hard on a hugely popular hardware design or user-interface only to see someone else copy parts of it, and the desire to hit back at that is a natural one. But I’m not sure that it makes too much sense rationally …  Read more

Samsung wanted Google to do its dirty work in attacking Apple

Image: amongtech.com

Image: amongtech.com

Another interesting revelation from the ongoing Apple vs Samsung patent trial: concerned about launching attack ads on a company that was a customer as well as a competitor, Samsung sought to persuade Google to “launch a campaign against Apple.”

The then CEO of Samsung Telecommunications America, Dale Sohn, emailed his chief marketing officer to ask:

As you have shared previously, we are unable to battle [Apple] directly in our marketing. If it continues to be Samsung’s position to avoid attacking Apple given its status as as a large customer, can we go to Google to ask them to launch a campaign against Apple based on the many better Android products available in the market for Q4?

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Apple’s expert witnesses explain why Samsung owes Apple $2B for patent infringements

Image: CNET

Image: CNET

With Samsung having argued in its opening statement that the $2B sum being claimed by Apple for five alleged patent violations was “a gross, gross exaggeration,” Apple called two expert witnesses to explain why it believes the sum is reasonable.

Re/code reports that first MIT professor John Hauser carried out a form of trade-off analysis to determine the value of individual features to customers.

Apple used a similar analysis from Hauser in the first Apple-Samsung trial in which he found customers might pay as much as $100 more for a Samsung phone that included patented features …

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‘Beating Apple is #1 priority, everything must be in context of beating Apple’ – internal Samsung docs

samsung

Documents revealed by the second Apple vs Samsung patent trial are not just giving us a peek behind the corporate curtains at 1 Infinite Loop, but also a glimpse into Samsung’s Seoul boardroom. A slide from a Samsung business forecast from 2011 shows the company viewing “beating Apple” as its number one priority for 2012 …  Read more

Apple so rattled by ‘Next Big Thing’ ads, it almost changed ad agency, claims Samsung

Apple senior VP of marketing Phil Schiller was so concerned about Samsung’s Next Big Thing ad campaign, in which the company poked fun at Apple customers, that he emailed Tim Cook to suggest a change of ad agency to fight back – according to a claim by Samsung lawyer Jon Quinn.

The Verge reports that Quinn made the claim in his opening arguments in the patent trial in which Apple is accusing Samsung of violating five of its iOS-related patents.

Quinn says Schiller became “obsessed” with the campaign, writing CEO Tim Cook to suggest the company look into using another ad agency instead of its mainstay TBWA\CHIAT\DAY. That even led to Apple board discussions over the issue, Quinn added …

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What are the five iOS features Apple is claiming that Samsung (or Google) stole?

samsung-galaxy-s4-vs-apple-iphone-5

With the second patent battle between Apple and Samsung now underway, we thought it would be useful to look at each of the five features Apple claims Samsung (or Google) stole from iOS.

The patents are, of course, worded in the usual dense legaleze. If you want to read them for yourself, you can find them on the US Patent and Trademark Office website in the links below. But here’s my reading of what each one is about, in plain English …  Read more