In the latest happenings of the Apple-Samsung case in California, Judge Lucy Koh--the federal judge presiding over the two lawsuits has ordered that the parties must substantially narrow their claims. Some of the parameters set include: limiting asserted patent claims and accused products to 25 per side, only 50 experts on the litigation, etc. In class we have discussed how large tech companies have dedicated financial budgets and patent lawyers always on the lookout for patent infringement--even ready to spend upwards of $2M to keep other smaller companies stressed, occupied, and blocked. As the author of Foss Patents put it,
Formally this was a warning to both parties, but this is of concern only to Apple, which wants to enforce its intellectual property rights as quickly as possible, while Samsung's counterclaims are little more than an effort to slow down the process and create the appearance of mutual infringement.Samsung is trying to capitalize and reinforce this pressure on Apple, and with now the Judge's warning--Samsung is only adding more pressure. Furthermore, Samsung, even as the infringer, has the upperhand on this case because of the broken patent enforcement U.S. patent system which makes it extremely difficult for right holders to deal with parties that infringe large numbers of patents with a large number of products. In this specific case, the parameters the judge has set are favorable to Samsung as it has far more products than Apple, and thus won't be impacted by the 25 limit, unlike Apple will be. Apple may be left defnseless on many of the alleged infringements, while Samsung will be able to attack a whole range of Apple's products in its counterclaim.
Samsung is taking advantage of this situation, as any tech company would, and even going as far out as to ask for a stay on this case--trying to keep the pressure built and intact on Apple for as many quarters as possible.
Samsung is definitely taking advantage of the situation. Again, it is really working against what the companies should be working on.
ReplyDeleteIf I am Apple right now I am very frustrated to say the least. I like your comprehension of the case, making it clear that a company CAN have the upperhand even if they are an infringer due to the critically flawed patent system here in the US.
ReplyDeleteIt is definitely frustrating for Apple, but no one can blame Samsung for taking advantage of the whole situation. Any advantage is capitalized on tremendously by most mega companies and this definitely doesn't surprise me.
ReplyDeleteThis patent battle is really getting nowhere on the basis of different rulings everywhere... but that's just the issue. There are so many different areas that mobile wireless devices can violate.
ReplyDeleteI think it's a good thing that the two companies are forced to narrow their claims. The more specific this battle becomes, the less negative impact it should have on the future. Samsung should be expected to take advantage of the situation, but this narrowing will hopefully control damages and outrageous claims.
ReplyDeleteSimon, I think you're totally right! Patent litigation is too often broad and vague, thus creating a sort of stalemate in any given battle. I think that this narrowing of claims could expedite the process and create more realistic expectations for both parties involved.
ReplyDeleteGood, the claims should be as narrow and specific as possible. Aside from this, it seems like Samsung is catching Apple in terms of popularity in consumer electronics, particularly smartphones. It was even recently announced that Samsung phones also keep their resale value, one aspect that previously always set Apple apart. This will be interesting going forward.
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