In connection to the second Apple vs. Samsung lawsuit in California, the two companies prepared a "joint" statement, as to the reports of Foss Patents, where both parties listed out their positions onto a single document. Note that "joint" and a single document do not mean a consensus. This comes as a response from Judge Koh's March warning to both parties to narrow their claims, as I spoke about a couple weeks back. Currently there are 16 patents, 8 by both parties, that are in contention, but the number will be largely reduced soon. Apple has proposed to cap the patents to five per side, while reducing the number of claims to 12. Samsung, in defense, wants five claims per side, but eight "invalidity theories to be allowed per calim, while Apple would set a per-patent limit of five invalidity contentions".
Apple is pushing for a large part of the narrowing of the lawsuit to happen before summary judgement, while Samsung is pushing for the narrowing to occur towards the end of this lawsuit's days. This is in large part to Apple's confidence against Samsung, especially with this joint proposal. If Apple's side of the proposal is approved, Samsung would get to assert fewer patents not allowing for much buffer room for Samsung if one of the patents is dismissed by the judge.
Past the number of asserted patents and claims, the number of accused products is also up for narrowing. Until now, the parties were able to add an unlimited number of products to the case, thus creating a more complex case for the jury. In this case, Apple would only be able to accuse a subset of the large number of products Samsung owns--while Samsung will probably be able to to attack all relevant Apple products--as there are not that many in comparison. However, "Apple notes that even if there are many Samsung products at issue, it all comes down to only a few different Android versions that power those devices".
The fight will continue through every claim, every patent, every product. And the post-judgement will definitely payout for the winner, largely due to the high coverage of this lawsuit.
Apple is pushing for a large part of the narrowing of the lawsuit to happen before summary judgement, while Samsung is pushing for the narrowing to occur towards the end of this lawsuit's days. This is in large part to Apple's confidence against Samsung, especially with this joint proposal. If Apple's side of the proposal is approved, Samsung would get to assert fewer patents not allowing for much buffer room for Samsung if one of the patents is dismissed by the judge.
Past the number of asserted patents and claims, the number of accused products is also up for narrowing. Until now, the parties were able to add an unlimited number of products to the case, thus creating a more complex case for the jury. In this case, Apple would only be able to accuse a subset of the large number of products Samsung owns--while Samsung will probably be able to to attack all relevant Apple products--as there are not that many in comparison. However, "Apple notes that even if there are many Samsung products at issue, it all comes down to only a few different Android versions that power those devices".
The fight will continue through every claim, every patent, every product. And the post-judgement will definitely payout for the winner, largely due to the high coverage of this lawsuit.
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