Obvious trials are part bombast, part boredom. Lurid accusations of corporate skulduggery and deceit quickly cave in to a mind-numbing slog with the technical details and vague language of patent claims.
A jury will be asked to find out all that to settle a dispute between Apple and Samsung Electronics beginning Monday inside a federal court in San Jose, Calif.
The jury trial is the newest phase in a global marketing campaign of smartphone patent litigation that began greater than two years ago. The legal clashes mainly hole Apple against rival smartphone manufacturers whose handsets are powered by means of Google?s Android software, notably Samsung, HTC and Motorola Mobility, which Google bought last calendar year. Dozens of lawsuits and countersuits are already filed in courtrooms around the globe.
Yet the escalating patent battle is in excess of just legal maneuvering. Patents can be powerful tools for determining the policies of engagement for major companies in a fast-growing industry like smartphones.
Patents are declarations of invention which have been often easily obtained from government patent examiners, but their real value ? their own validity and strength ? is determined in court.
A few significant rulings in support of one side or the some other, industry and patent experts declare, could shape the competitive landscape in smartphones and a sister industry, tablet computers. Court decisions, they say, can provide the basis for negotiating the terms and price of licensing and cross-licensing regarding patents ? or for preserving certain patented features exclusive one company.
?Once you determine who may be the genuine innovator, and in what technologies for the product, you reset the playing field, ? said Kevin G. Rivette, a Silicon Valley patent advisor and former vice president for intellectual property strategy for I. B. M.
But to bring a real shift in the marketplace, Mr. Rivette added, one side must have ?strong patents, not incremental ones. ?
That issue is much argued, and litigated, in the smartphone arena.
Apple scored some points with June. Judge Lucy H. Koh, who will also preside above the jury trial that begins that week, issued a preliminary injunction next to Samsung, ordering it to stop offering its Galaxy Nexus smartphone in america.
Judge Koh found that Samsung had infringed while on an Apple patent for a ?universal user interface, ? which broadly describes crucial ingredients within Siri, Apple?s question-answering application (although patent itself was filed by simply Apple before it acquired Siri truly).
But the power of smartphone patents on the whole suffered a blow in yet another federal court in June.
Richard A. Posner, a prominent federal appeals courtroom judge in Chicago, dismissed a case involving The apple company and Google?s Motorola Mobility additional. In his ?pox on both of your houses? ruling, Judge Posner ridiculed Apple?s broad claims due to the user-experience patents and Motorola?s declare that Apple should pay it a rich royalty on its standard communications patents. Both companies are appealing of which ruling.
Fierce patent battles in new industries have been the rule for greater than a century, from the steam engine for you to semiconductors. The lessons of history usually are decidedly mixed.
Sometimes, patent warriors can hold off rivals for many years, as the Wright brothers did inside the airplane business ? though the purchase price in time, money and innovative energy diverted had been daunting even then. In 1912, Wilbur Wright wrote, ?When we think what we may have accomplished if we were being able to devote this time and energy to experiments, we are very sad. ?
In smartphones, some analysts say, the sheer number of patents along with the speed of innovation in product development undermine the energy of patents. Because a smartphone combines a lot of communications and computing technologies, as many as 250, 000 patents may touch the device, according to estimates by RPX, a patent licensing company.
?You necessarily litigate individual patents, but there are thousands of patents behind the methods in court, ? said Mark A. Lemley, a patent expert at this Stanford Law School. ?That complexity and the speed of innovation could very well make it easier to invent around the patent system in smartphones. ?
Indeed, for its new Galaxy models, Samsung developed an alternative to one of many Apple-patented features cited in that week?s trial.
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Source: http://answers.apostoliccm.com/2012/07/apple-samsung-obviouscombat-adjustments-to-trial-run-2/
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