Apple Vs Samsung: ...
With all the hype, the relentless
accusations, judgments and courts and we ended up losing. Here's an
excellent article by iGeneration ( original article ) that will be help you make the point well above Atlantic ...
Even if defeated in his two
trials against Apple, Samsung wins. The Korean manufacturer has exposed
many preproduction iPhone and iPad and the Cupertino forced to reveal
some of his secrets best kept. In doing so, Samsung has certainly raised
the ire of Judge Lucy Koh, but no matter: after many setbacks, the
strategy of scorched earth was the only option.
Lawsuit Against Apple Samsung takes place at the court Robert F. Peckham, in San Jose (California). Beck Diefenbach picture.
Prolegomena caricatures
Open
from Monday, July 30, the trial is presided over by Judge Lucy H.Koh
federal court for the Northern District of California (San Jose). A
judge known for its inflexibility: it was refused such as Apple, Google,
Intel, Adobe, Intuit, Lucasfilm and Pixar can settle amicably their
illegal cartel case, forcing them to go to trial . An
exasperated judge too: it must indeed manage 19 cases cross between
Apple and Samsung Vice versa, 19 cases have turned the settlement
account as playground.
Thus, even before the jurors are invited to enter the courtroom, counsel for Samsung has asked the
judge for agreeing to allow the introduction of internal documents
showing the company smartphones and rectangular black before developing
iPhone. A motion that the judge had already rejected three times,
Samsung has submitted those documents too late "does not make me punish
you," she intima, asking the lawyer to sit down. It also prohibits
Samsung to use clips from 2001: A Space Odyssey , looking quite annoyed.
A tablet in 2001 . We meet as a videoconference, a personal assistant, and an inter-dimensional travel psychedelic. All things reality today.
The argument of Apple revolves
around two points: the fact that Samsung violated its intellectual
property well, and that patents Samsung at stake are not relevant. To
prove the first point, the legal team says the Apple iPhone was a
radically new product: use the touch screen as a primary area of
interaction required an innovative design, a single interface, and
concepts unpublished. How to prove that the Samsung has knowingly
copied? In internal documents, the designers of the Korean company admit
to being in "crisis" facing the "paradise" that is the iPhone. They
ensure that the equipment is "easy to copy" - later, Google will ask
Samsung retoquer its tablet, too close to the iPad.
This 18-minute video was
designed to be distributed to all jury trials around the patents and
industrial property. Lucy Koh has seen fit to get it to trial.
It's appearance, but also attacks
on Apple features: documents show that Samsung has consciously decided
to use the double-tap to zoom in or inertial scrolling, inaugurated by
the iPhone. Samsung assures that patents of Apple on the subject are not
valid (the judge in Koh currently decided otherwise), the Cupertino
company will instead try to demonstrate they underpin the identity of
IOS.Because the issue is that of the identity of Apple products ( trade dress ) and how to use them (look-and-feel ),
that distinguished the iPhone from its competitors. Lawyers for the
Cupertino ensure that it is now possible to produce a phone that can
work differently and do not slavishly plunder the intellectual property
of Apple, after all, before the iPhone, diversity was put in the phone
market.
A now classic image again by Apple's lawyers.
To remove the second point,
Apple's lawyers note that Samsung has not challenged for patent
infringement, but cons-attacked. Five patents presented by Samsung, none
were filed after 2007, and the Korean company does not use them all
elsewhere. Worse: they cover standards (including 3G), they should be
open to a FRAND license - a license application or Samsung $ 12 per unit
sold (2.4% of the price), while the component in question is $ 10
! Samsung is accustomed to doing, and the competition authorities the
U.S. and Europe already investigating this practice :
if the first point is open to interpretation, the Korean company will
have great difficulty in convincing the world on this subject.
The same for the tablets. The
tablet Samsung Q1 is left (€ 1,200 at the time), based on the Microsoft
Origami concept, which was to launch the fashion of UMPCs (ultra mobile
PC).
Samsung is the contrary to show
that the design of the iPhone is nothing revolutionary: we have heard
mentioned for example the LG Prada (2005) and was presented with
documents showing large-screen smartphones in development in
2006. "We're not saying the iPhone is not a great product. This is a
great product and a product "inspiring". This is how competition works
and what does not violate industrial property. "Summarize the lawyers of
Samsung, with internal Apple documents resulting from the dismantling
of the Galaxy S:" Apple has dissected the Galaxy S. Apple accuses us of
having dissected the iPhone. Does that mean that Apple has done
something wrong?No, this is the competitive analysis. It happens all the
time, and there is no harm in that. "
A picture released by Samsung
to prove she had the concepts of large-screen smartphones in
2006. Problem: Samsung had not obtained permission to distribute this
document.
The identity of Apple
products? Lawyers for the Samsung sweeps with the back of the hand,
"there is no evidence" that a customer will ever have confused an Apple
product and a Samsung - no mention that they were sometimes themselves
themselves unable to do so, and that the documents show that the main
reason for returning the shelves at Best Buy Samsung ... is that
customers had taken them for the iPad. In detailing the registered
designs, the use by lawyers Samsung against a strategy that has already
proven itself in Europe: they point to any small differences in a
precise and tangible, while Apple will attempt to defend an identity and
more general intangible. This will be the big issue of this trial.
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