In a surprising twist, Motorola Mobility (GOOG) has withdrawn an ITC complaint against Apple (AAPL) that was filed in August, and which covered 7 non-standards-essential software patents. Some possible reasons: Google/Motorola didn't think it would receive a favorable ruling; Google is making a goodwill gesture; Google would prefer to take its infringement complaints to a courtroom. [View news story]
It is a movement towards reconciliation through prospective licensing. The cost of litigation is like the cost of war. Few can afford full scale conflict.
Apple (AAPL) wants Judge Koh to award another $707M in damages from Samsung (SSNLF.PK) on top of the $1.05B a San Jose jury awarded the company last month, as well as a permanent ban on 26 Samsung smartphones (it was previously looking for just 8) and 3 tablets come Dec. 6. Samsung wants a re-trial, alleging the time constraints of the California trial "prevented Samsung from presenting a full and fair case." Neither side will be giving its patent lawyers a break anytime soon. [View news story]
Different countries are likely to render different results because America values innovation more than any other country. For whatever reason, Asia does not have the same values as indicated by the rampant pirating of DVDs. We have two different value systems meeting head to head. But getting back to the case at hand, it is my opinion that the best way to resolve the present Samsung patent matter is for the Court to issue the broadest injunction possible that is justified by the findings of the jury. Despite Samsung's litigation bravado, it cannot afford such an injunction. And despite Apple's litigation bravado, their attorneys are telling Apple that they have the better side of the case, but that they can always be reversed on appeal and have to do the whole thing over again. The injunction will push the parties towards settling this matter with Apple issuing licenses to Samsung for a premium, but fair sum of money, given that Samsung took a beating from the jury. This seems to be the most sensible way to resolve the matter. I know that some of you believe that the lawyers will never allow that. After practicing law for 32 years I can assure you that the attorneys are so sick and nervous about this case that they would both be pushing their clients for resolution through licensing. To paraphrase Presidential hopeful Mitt Romney, "lawyers are people too."
In a surprising twist, Motorola Mobility (GOOG) has withdrawn an ITC complaint against Apple (AAPL) that was filed in August, and which covered 7 non-standards-essential software patents. Some possible reasons: Google/Motorola didn't think it would receive a favorable ruling; Google is making a goodwill gesture; Google would prefer to take its infringement complaints to a courtroom. [View news story]
Apple (AAPL) wants Judge Koh to award another $707M in damages from Samsung (SSNLF.PK) on top of the $1.05B a San Jose jury awarded the company last month, as well as a permanent ban on 26 Samsung smartphones (it was previously looking for just 8) and 3 tablets come Dec. 6. Samsung wants a re-trial, alleging the time constraints of the California trial "prevented Samsung from presenting a full and fair case." Neither side will be giving its patent lawyers a break anytime soon. [View news story]