Law & Apple: What Happens Next | n?, inc.

Posted in Apple News. Written by Adrian Hoppel on September 5th, 2012

Last week, the technology world had to digest the news that Samsung was going to have to write a check to Apple for anywhere from $1 billion to $3 billion. While we considered that losing this mega trial may not be all bad news for Samsung, we also turned our eyes to the dozens of other patent trials between Apple and Android device manufacturers around the world.

Samsung Strikes Back, Maybe

Samsung started last week still stinging from a huge U.S. patent lawsuit loss to Apple, and ended it with a win in Japan. Bloomberg reported on Friday that Tokyo District Judge Tamotsu Shoji ruled that Samsung's devices, smartphones and a tablet, did not infringe on an Apple-owned music and video synchronizing patent; Cupertino was ordered to pay the costs of the trial.

However, as Florian Mueller of FOSS Patents points out, winning a patent trial like this is a defensive win for Samsung, but "defensive wins merely delay the inevitable." What Samsung, and the Android ecosystem in general, needs to do to hold back the ever growing horde of Apple patents is the one thing they have so far been incapable of: taking it to Cupertino in the courtroom and winning an offensive trial that takes iOS devices off the shelves. With the recently confirmed (sort of) announcement of the next iPhone, it appears Samsung is loading up its lawyer guns to do just that.

I've still got some tricks up my sleeve. I hope.

We are expecting that this new iPhone will have 4G capability like the latest iPad, and according to a report in the Korea Times Samsung is expecting to immediately take Cupertino to court over that. If the next iPhone uses long-term evolution (LTE) to achieve 4G wireless speeds, Samsung confirmed that they will immediately sue Apple and seek to block the launch of the next iPhone.

Could Samsung block the launch of the next iPhone? Probably not; according to Mueller, Samsung could probably sue, but only really stands a chance positioning this dispute as FRAND issue, and the most likely outcome from that type of lawsuit would be Apple paying royalties that were "fair, reasonable, and non-discriminatory terms." To win injunctive relief -- to actually block the sale of the next iPhone -- Samsung would have to meet legal requirements that these patents simply don't appear able capable of. "For the vast majority of Apple's customers on this planet," Mueller wrote, "Samsung's 4G/LTE-essential patents most likely won't have an impact on the availability of the iPhone 5."

Apple's Got Next Game

While the Cupertino accounting department is no doubt already making room for that big truckload of cash due to come from Samsung, Tim Sprinkle wrote a great analysis last week for the Exchange, a Yahoo! Finance Blog, that breaks down where Apple's legal team is likely to attack next. His big three: Microsoft, Amazon, and, of course and finally, Google.

Microsoft has been seen as a big winner in the Apple v. Samsung trial, billion-dollar checks notwithstanding, because they offer a true smartphone alternative to Apple that is not using the Android OS. Amazon seems a likely opponent as well, since they are now openly competing with Apple in selling music, movies, e-books, and tablets, and the two companies have been rattling swords at each other for some time now. The big showdown, though, will come when Apple and Google go one-on-one in the courtroom.

Come at me, bro.

Google's acquisition of Motorola Mobility for $12.5 billion this summer was for one purpose only: to get Motorola's 12,000+ patents and be able to leverage them against Apple in future lawsuits. So far, Googlerola has been unable to find anything in that treasure trove to really sting Cupertino, but it is very likely they have not yet begun to fight.

All of the trials and filings and injunctions and courtroom drama, here in the U.S. and around the world, that make up these "patent wars" can be boiled down to one issue: Apple believes Google stole iOS technology when it created Android. So far, Apple has been pecking away at the perimeter, by targeting the manufacturers, like Samsung and HTC, that use Android. But eventually, the superpowers from Cupertino and Mountain View will have to meet in the ring and settle things once and for all.

It was what St Jobs wanted, and although he stated no love for lawsuits, Tim Cook feels Apple is left with no other choice but to defend their technology in court, and is not about to back down. In response to the Samsung ruling last week, Cook stated in an email, "It's about values. We value originality and innovation and pour our lives into making the best products on Earth."

Get ready, Google.

Source: http://www.n2stores.com/law-apple-what-happens-next/

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