Ondrej Holzman On the last day of March, another big battle for patents begins in San José, California. After the first trial, which began in 2012 and ended last fall, the two heavyweights of the current technology world - Apple and Samsung - will face each other again. What is it about this time?
The second major trial begins on March 31 in the same room where the first case began in 2012 and finally culminated more than a year later. After recalculation and recalculation of damages, Samsung was finally assessed a fine of 929 million dollars.
Now the two companies are getting into a very similar dispute, but they will be dealing with several generations of newer devices, such as the iPhone 5 and the Samsung Galaxy S3. Again, it will not be the very latest products from both workshops, but that is not the point here in the first place. One or the other party primarily wants to protect and preferably improve its position on the market.
In 2012, the jury led by Lucy Koh, who will still manage the process, sided with Apple, in the subsequent retrial, too, but the important demand to ban the sale of Samsung products in the United States, where Apple has the upper hand, has so far failed to prevail for the manufacturers of iPhones and iPads failed. With this, Apple wanted to secure dominance, at least on domestic soil, because overseas (from the American point of view) Samsung reigns supreme.
What is the current trial about?
The current lawsuit is the second continuation of the major patent battles between Apple and Samsung. Apple filed the first lawsuit against Samsung in 2011, a year later the first court decision was reached, and in November 2013 it was finally adjusted and the compensation in favor of the Californian company was calculated at 930 million dollars.
The lawsuit that led to the second trial, which starts today, was filed by Apple on February 8, 2012. In it, it accused Samsung of violating several patents, and the South Korean company understandably countered with its own accusations. Apple will now again argue that it invested a lot of effort and especially a huge risk in the development of the first iPhone and iPad, after which Samsung came and started copying its products in order to cut its market share. But Samsung will also defend itself - even some of its patents are said to be infringed.
What is the difference against the first process?
The jury will understandably deal with different devices and patents in the current process, but it is interesting that most of the components of Samsung devices that Apple claims to have patented are part of the Android operating system directly. It is developed by Google, so any court decision could have an impact on it as well. Only one patent - "slide to unlock" - is not present in Android.
So the question arises as to why Apple does not sue Google directly, but such a tactic would not lead to anything. Because Google does not make any mobile devices, Apple chooses companies that offer physical products with Android, and expects that if the court decides on copying, Google will modify its operating system. But Samsung is going to defend by saying that Google already invented these functions before Apple patented them. They are also going to summon several engineers from the Googleplex.
Which patents does the process involve?
The whole process involves seven patents – five on Apple's side and two on Samsung's side. Both sides wanted more of them in the courtroom, but Judge Lucy Koh ordered that their number be kept to a minimum.
Apple Accuses Samsung of Infringing Patent Nos. 5,946,647; 6,847,959; 7,761,414; 8,046,721 and 8,074,172. Patents are usually referred to by their last three digits, hence the '647, '959, '414, '721 and '172 patents.
The '647 patent refers to "quick links" that the system automatically recognizes in messages, such as phone numbers, dates, etc., that can be "clicked." The '959 patent covers universal search, which Siri uses, for example. The '414 patent relates to background synchronization working, for example, with a calendar or contacts. The '721 patent covers "slide-to-unlock", i.e. swiping a finger across the screen to unlock the device, and the '172 patent covers text prediction when typing on a keyboard.
Samsung counters Apple with Patent Nos. 6,226,449 and 5,579,239, '449 and '239, respectively.
The '449 patent relates to the camera and the organization of the folders. The '239 patent covers video transmission and appears to be related to Apple's FaceTime service. The paradox is that in order for Samsung to have something to defend against Apple, it had to buy both patents from other companies. The first mentioned patent comes from Hitachi and was acquired by Samsung in August 2011, and the second patent was acquired by a group of American investors in October 2011.
Which equipment does the process involve?
Unlike the first process, the current one includes several products that are still actively on the market. But these are not the latest products.
Apple claims that the following Samsung products infringe its patents:
- Admire: '647, '959, '414, '721, '172
- Galaxy Nexus: '647, '959, '414, '721, '172
- Galaxy Note: '647, '959, '414, '172
- Galaxy Note II: '647, '959, '414
- Galaxy S II: '647, '959, '414, '721, '172
- Galaxy S II Epic 4G Touch: '647, '959, '414, '721, '172
- Galaxy S II Skyrocket: '647, '959, '414, '721, '172
- Galaxy S III: '647, '959, '414
- Galaxy Tab 2 10.1: '647, '959, '414
- Stratosphere: '647, '959, '414, '721, '172
Samsung claims that the following Apple products infringe its patents:
- iPhone 4: '239, '449
- iPhone 4S: '239, '449
- iPhone 5: '239, '449
- iPad 2: '239
- iPad 3: '239
- iPad 4: '239
- iPad Mini: '239
- iPod Touch (5th generation) (2012): '449
- iPod Touch (4th generation) (2011): '449
How long will the process take?
Both sides have a total of 25 hours for direct examination, cross-examination and rebuttal. Then the jury will decide. In the previous two trials (original and renewed), she came up with relatively quick verdicts, but her actions cannot be predicted in advance. Court will only sit on Mondays, Tuesdays and Fridays, so we can expect everything to be over by the beginning of May.
How much money is at stake?
Apple wants to pay Samsung 2 billion dollars, which is a huge difference against Samsung, which chose a completely different tactic for the next key battle and demands only seven million dollars as compensation. This is because Samsung wants to prove that the patents to which Apple refers actually have no real value. If the South Koreans were to succeed with such tactics, they could continue to use Apple's patented functions in their devices under very favorable conditions.
What impact can the process have on customers?
As most of the latest process does not apply to current products, the verdict may not mean much for the customers of both companies. If the worst-case scenario for one side or the other occurs, the sale of the Galaxy S3 or iPhone 4S may be banned, but even these devices are slowly ceasing to be relevant. A more significant change for users could only be a decision on the infringement of patents by Samsung, which would be contained in the Android operating system, because then Google would probably have to act as well.
How might the process affect Apple and Samsung?
Again, billions of dollars are involved in the case, but money is once again in last place. Both companies earn billions of dollars annually, so it is primarily a matter of pride and an effort to protect their own inventions and market position on Apple's part. Samsung, on the other hand, wants to prove that it is also an innovator and that it does not just copy products. Again, it will be a possible precedent for further legal battles, which are sure to come.
