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

USPTO rejects parts of Apple’s auto-correct patent, $119M payout by Samsung likely to be reduced

autocorrect

In a new twist to the second Apple vs Samsung patent trial, the United States Patent and Trademark Office has rejected the specific part of Apple’s auto-correct patent that Samsung was said to have infringed, reports FOSS Patents. This effectively means that Samsung was ruled to have infringed a patent that is no longer valid.

The trial found that Samsung infringed three of the five patents Apple claimed, including a specific element of its auto-correct patent which described a particular method of offering corrections or completions. Samsung had unsuccessfully argued at trial that this approach had been used by others before Apple, and therefore could not be patented. The court rejected this argument, but the USPTO has now agreed with Samsung …  Read more

Samsung and its lawyers fined $2M for leaking details of Apple/Nokia patent deal

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

Samsung, together with its lawyers, will have to fork out a little more cash following its loss in its second patent battle with Apple. A court has fined lawyers Quinn Emanuel and Samsung a total of $2M for misusing confidential details of a patent deal struck between Apple and Nokia.

The documents were supplied by Apple to Samsung’s lawyers purely so that it could see that Apple was telling the truth about its patent deals with other companies. The documents were marked “for attorney’s eyes only” and were not to be revealed to Samsung executives …  Read more

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

both

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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Patent jury foreman advises Apple to sue Google directly

patent

Photo: technobuffalo.com

The foreman of the jury that awarded Apple just 5.5 percent of the $2.2B it claimed Samsung owed for patent infringements said yesterday that Apple should sue Google rather than handset manufacturers, reports the WSJ.

If you really feel that Google is the cause behind this, as I think everybody has observed, then don’t beat around the bush,” said Tom Dunham, whose job at IBM was to oversee developers expected to file patents. “Let the courts decide. But a more direct approach may be something to think about” …

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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

next_big_thing_720

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?

battle

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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Internal emails reveal Phil Schiller shocked by response from Apple’s ad agency over marketing direction

Phil Schiller at WWDC 2013

If there’s one thing we’ve learned from the latest Apple v. Samsung trial, it’s that Phil Schiller isn’t as cool, calm, and collected at Apple HQ as he appears at each Apple keynote. We’ve already seen the Apple SVP of Worldwide Marketing fret over Android marketshare and Media Arts Lab not being on par with Samsung’s advertising, and Business Insider has covered an additional email exchange revealed in the trial where an irate Phil Schiller proves he is most definitely a product of Steve Jobs. We’ve already learned that Schiller was so shaken up by Samsung’s ‘Next Big Thing’ ad campaign that he forwarded a Wall Street Journal article to Apple’s ad agency, but Schiller was furious with the agency’s somewhat defensive response… Read more