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#Patentfun – August 19, 2024

This has been one crazy week of patent discussions.  As Ashley Esqueda can attest.

Apple v. Samsung has dominated the news with all their back and forth as each has wrapped up their cases.  But some new news appeared this week and the discussion continues to grow.  But it looks like the case is now in the hands of the jury, so we’ll see if anything gets said next week.

Before we start… let’s watch a TED talk:

Other

Apple, Samsung, Microsoft, Google might collaborate to acquire Kodak patents

So they can work together when it might be beneficial to each other… but I see this quickly turning into a squabbling match of “no, I wanted that one”.

Motorola goes on the attack, sues Apple for iPhone & iPad patent infringements

 – and this is where the moral dilemna hits.  Is it wrong that we said that Apple has gone “sue you” crazy and then we go “good on ya, mate” when Google does?  It’s not an easy topic to tackle.  Ashley, in her Google+ post above, does have some valid points.  But I’ll get to the heart of both cases.

Apple was suing a company that made a product, and is suing them only because their product is starting to be competitive to their own.  The stated basis for the suit is that it is a device which is square-ish, and has rounded corners.  Anything else beyond those points is superfluous.  Really.  The leading argument is that “you copied our shape”.  Apple believes that their customers are dumb enough to buy the wrong product because out of the box it may look like the one they wanted.  Who would be THAT DUMB?  Apparently Apple believes everyone who bought a Galaxy Tab was one of their dumb customers.

Okay, that’s the Apple side.  On the Motorola side, they’re suing for actual patents.  Actual code… usage of code+hardware… stuff you had to think up and put into action on a device.

And, I’ll just leave that discussion there.

I will add that I don’t like how they’re going after a ban, rather than allowing them to ‘compete’ and get licensing fees.  You could say it’s a ‘moral fight’, but Google likes to have choices in the market and ridding it of the only other competitor wouldn’t be a good thing.

Apple v. Samsung

Is the Apple vs. Samsung patent litigation case bad for innovation?

Apple licensed essential design patents to Microsoft: Reuters

So Microsoft was dumb enough to buy into that idea that ‘hey a squarish design belongs to Apple’… doesn’t prove anything.  I wonder how much they paid?  I wonder how close to the $24 / device they were.

Samsung Convinces Judge To Remove 3 Devices Named In Trial, Apple Rests Its Case Otherwise

So less devices… nothing about how it shouldn’t have even got to a trial in the first place.

Samsung begins arguments, Shows how Apple stole from LaunchTile and DiamondTouch table

Samsung Takes The Offensive: Accuses Apple of Violating Patents, Talks About Green Phone Icons, Says iPhone Design Isn’t Unique

Apple survey reveals top reasons why customers who considered an iPhone bought an Android

So it wasn’t because they were dumb enough to think they did buy an Apple product because it looked like it?

Judge Lucy Koh Wants Apple & Samsung To Talk It Out Soon, Argues “It Is Time For Peace”

Judge Koh to Apple’s Lawyers: “You’re Smoking Crack”

Funnest. Part. Of. My. Week

Apple’s 381 “bounce back” patent could be deemed invalid

finally some sense to come from this… despite how Apple kept rejecting anything that might be used as ‘prior art’ against them, looks like one got through

Apple accuses Samsung of bad faith with standards-essential patents

Apple, Samsung not willing to narrow claims in U.S. patent dispute, jury to rule on the case

Samsung pulls out weapons, asks Apple for $421.8 million for patent infringement

 – keep in mind that Apple asked for 2.5BILLION… yeah, that’s with a B – most of that is made up of having a square design with rounded corners

Apple vs Samsung: Sammy negligent on filing patent disclosures?

Lots to digest really… but hopefully this Apple v. Samsung situation will help bring some of the silliness to a close without having to wait for patent reform.  Please Judge Koh… help them both sober up!

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