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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Apple and Google agree to settle patent litigation, but will not cross license

Photo: USA Today

Photo: USA Today

According to a court filing discovered by Reuters, Apple and Google’s Motorola Mobility unit have agreed to settle their ongoing smartphone patent litigation battle against each other. In a statement, the two companies said that this agreement does not include the ability cross license each other’s patents, but rather the promise to “work together in some areas of patent reform.”

The two tech giants have been battling it out over various patents for several years now, both directly and indirectly. It’s important to note, however, that this agreement is solely between Apple, Google, and its Motorola Mobility unit. This does not apply to any lawsuits between Android device manufacturers, such as Samsung and HTC, and Apple. Although theoretically, it would apply to patents owned by Google that device manufacturers are licensing.

A verdict was reached in the latest Apple v Samsung battle just a few weeks ago, with Apple being ruled as the victor, albeit small. The court ruled that Samsung owed Apple $119 million, which is far less than the $2 billion it was seeking.

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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 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

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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‘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