Apple-vs-Samsung-420x238

Featured: Apple versus Samsung: Things YOU Need to Know

July 29, 2012 - Written By Christina Gardner

The more and more I hear about Apple versus Samsung, the more and more annoyed I seem to get. Especially when one can start to run out of ideas of how to start out on the topic, since it’s been the front page news on almost every Android site.  Nonetheless, we’ve all heard about it, we’ve all read about it, and we are all sick of it! However, there are some top things that we need to all be aware of when it comes to this hot heated debate regarding the two giants and this case.

First is when did this all start? Apple originally filed the lawsuit on April 5th, 2012. Their claim was Samsung was infringing on their patents. What patents to be exact? First patent is 381 which is for the ‘List Scrolling and Document Translation, Scaling, and Rotation on a Touch Screen Display.’ This patent goes against the Galaxy Nexus and Galaxy Tab tablet, which saddens me as the Galaxy Nexus is my best liked device thus far. As I continue to read, in my mind aren’t they all just infringing upon each other? They all have one feature that the other one has, but let’s fight about it because one wants more publicity and money than the other.  The patents also goes into depth and gives an ‘abstract’ description for each one. The 381 patent ‘abstract’ description was this:

“In accordance with some embodiments, a computer-implemented method for use in conjunction with a device with a touch screen display is disclosed. In the method, a movement of an object on or near the touch screen display is detected. In response to detecting the movement, an electronic document displayed on the touch screen display is translated in a first direction. If an edge of the electronic document is reached while translating the electronic document in the first direction while the object is still detected on or near the touch screen display, an area beyond the edge of the document is displayed. After the object is no longer detected on or near the touch screen display, the document is translated in a second direction until the area beyond the edge of the document is no longer displayed.”

(Document of Patent can be found HERE)

Anyone else have a hard time understanding that? I sure did, but after re-reading it a few times some parts started to make sense to me. When you are able to pull up these patent documents, I recommend you do it, as you can see just how sosphicated they are, but also how very difficult they are to understand as well. It’s hard to see where the infringement has taken place, when each company has their own set ways to word their patents on documents. Anything could be re-worded and made to look like their own.

The patent infringement doesn’t just stop there however. Apple is claiming that

Have all been infringed upon. That’s a lot of patents, and I would love to explain them all, but it would make for a lengthy article, so each one is made as a clickable link which will bring you to the specified patent document. Take a look at them, see if you can understand them, and from there you decide how you feel.

One important question many may not even be wondering, is how long is this trial/war going to last? It’s really hard to tell at this point, but I’m definitely voting in favor of Samsung. Apple is looking for $2.525 billion in damages whereas, Samsung is looking for a royalty payment of 2.4 percent of the sale price of each product found to be misusing its patents.  The case goes to court on Monday in California, where each side is given 25 hours to make testimony regarding their case, because remember, Samsung also filed to counter sue against Apple a few days after Apple filed against Samsung. Coming from Samsung’s’ side they are claiming that Apple is infringing upon patents of theirs which are:

It’s a lot of information to take in and try to understand I know! Each company is allowed 20 witnesses. Phil Schiller, which is one of Apple’s executives will be testifying along with Cupertino’s senior vice president of worldwide marketing, and Scott Forstall, senior vice president for iOS software. Testifying for Samsung will be Dale Sohn, Samsung’s American president, and Timothy Sheppard, Samsung’s controller. When I think about court cases and trials, to me it’s not the people who testify, it’s who has got best group of lawyers on their side. Lawyers are what make it count, they are part of  the deal breaker on whether one will win or lose by presenting a good solid case to a jury, and in the end the jury is the one who makes the ultimate decision on who wins and who loses.

A question I came across which I found to be a rather intriguing question was: “Can jurors invalidate patents?” That’s a really good question? Can they? These are supposed to be legalized documents that are copyrighted to protect them. The answer to this question is, yes they can! Wow, that is absolutely shocking! Patents can actually be considered invalid if they are breaching the standard they are set for.

Although, this is a tiring case to continually hear about, I’m sure many are on the edge of their seat as this case is going to affect two of the top devices on the market currently. I certainly know I am.  I’m hoping District Judge Lucy Koh is able to put this case where it belongs which is in the garbage. Judge Koh actually comes from Harvard and was a patent attorney formerly before she became a judge. She was appointed in 2010 by Barack Obama.

You can actually view the court documents online HERE. Also, Wired’s Gadget Lab is doing strict coverage on the case if you wish to stay on top and hear immediately what is happening. It’s definitely going to be one case that will show where the court systems are going to draw the line between copying and innovation. This could curb unnecessary lawsuits in the future ahead.

Something else you don’t see very often in news reports regarding this case is the costs. What is this going to cost the huge giants? Morrison Foerster partners are said to be representing Apple and charging an average rate of $582 PER HOUR! Samsung has Quinn Emanuel Urquhart & Sullivan representing them. They are charging Samsung $821 PER HOUR! All I can say is wow! I could pay off my debit in just a few sessions of that!

So, to try to take it all in, I know we are tired of hearing about Samsung against Apple, and Apple against Samsung, but this could very well be a really big case! Not to mention the outcome of what side will win, is going to be one hard hit. Again, I really don’t enjoy Apple, I don’t knock their products, but I’m just not one who enjoys them. I never really liked Steve Job’s attitude towards many, even though, yes he was one brilliant man and was sad to see him go, but some of his quotes and accusations were absolutely awful to me! This case to me is going to be huge, and it could impact many worldwide. These patent wars are ridiculous, and in my mind a company’s way of trying to steal power, glory, and money. Let us hope that the court systems put these companies and their pettiness to an end!

 

Sources: PDF Documents / Computer World / CNN / Justia.com