This case marks the biggest
smartphone patent litigation suit to date and the decision will have a significant impact on the growing industry.
This first - rate paper finally answers the billion - dollar question everyone with an interest
in smartphone patents has been asking for some time: the total licensing cost per device.
In an unusual en banc decision rendered without requesting briefing from the parties, the United States, or interested amici curiae, the U.S. Court of Appeals for the Federal Circuit recently affirmed several rulings in favor of Apple Inc. in its ongoing
smartphone patent war with Samsung.
Even during this week, the slowest and calmest one of the year, some judges and lawyers are working on a number of
smartphone patent cases.
Before I go into more detail on those latest developments, I'd like to reiterate an observation I already shared last month: unlike the other defendants in
major smartphone patent cases, Google still hasn't countersued Oracle for infringement.
Samsung initiates arbitration proceeding in Hong Kong against Microsoft
over smartphone patent royalties, Reuters
Looking to possibly put an end to the
ongoing smartphone patent war, Samsung and Apple have agreed to mediation before their next court date in March.
«Google Seeks Patent for Specialized In - Vehicle Gesture System Main Samsung's Curved
Display Smartphone Patent Comes to Life»
«Samsung's Curved Display
Smartphone Patent Comes to Life Main Google Invents Floating Navigational Controls for Tablets»
This post is a somewhat ambitious undertaking because I want to take a look not only at Apple's and Samsung's chances in the post-verdict process (before Judge Koh and, looking past the district court, the Federal Circuit) but also draw some comparisons to
other smartphone patent cases that have already been appealed to the Fed.
Google's weak showing is particularly disappointing when compared with how all the other defendants in the major
smartphone patent suits fight back:
Even as they declared Posner to be wrong seven ways from Sunday, they failed to acknowledge Posner's over-arching point when he threw out the original case in 2012: that lawsuits over
silly smartphone patents are inefficient and «contrary to the public interest.»
«Samsung Granted
New Smartphone Patents Covering a Back Side Auxiliary Display & More Main Microsoft is Granted Patents for a Mobile Camera for Prescription Glasses and the Xbox Controller with a Twist»
Aside from looking like one of the coolest handsets of the year, this could be a clever move from Xiaomi, building the idea of itself as a pioneer of inventive smartphone hardware, when in the past it has been accused of relying rather heavily on other manufacturer's designs (Xiaomi hasn't yet entered the US market as it is currently seeking
further smartphone patents).
But it was pretty clear a primary driver of that was the situation with
[smartphone patents and intellectual property] at the time.»
There are already some other
interesting smartphone patent cases pending at the Federal Circuit, and at the end of all those appeals, there will have been some improvements in favor of defendants but also some in favor of plaintiffs.
Likewise, the so - called «
Smartphone Patent Wars» have ballooned in recent years and today, several major companies spend more on patent litigation and defensive acquisition than on research and development.
A U.S. judge yesterday threw aside a much - anticipated trial between Apple (s aapl) and Google - owned Motorola Mobility (s goog)
over smartphone patents.
Continue reading «Three
Smartphone Patents from Microsoft illustrate Bendable, Foldable & Moveable Body Form Factors»»
The lawsuits from Huawei have also arrived just as it seemed that
the smartphone patent wars, kicked off by the late Apple CEO Steve Jobs in 2010, were finally winding down.
As we learned recently in following the high - profile litigation between Apple and Samsung over
their smartphone patents, patent litigation can affect the very future of a company and can involve billions of dollars.
This week's ITC decisions involving various of Apple's and Microsoft's patent infringement claims against Android were important, but every time the ITC rules on one of
those smartphone patent cases, I am less surprised than before about the high drop - out rate of patent claims.
Some portrayed Judge Posner's opinion as the beginning of the end of
the smartphone patent wars, and as a major defensive win for Android, while in reality its FRAND - related part is far more influential these days than what he said about a particular set of Apple patents.
If you'd like to be updated on
the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right - hand column) and / or follow me on Twitter @FOSSpatents and Google +.
The news, reported in late February, that Apple and Samsung had once again failed to resolve
their smartphone patent dispute through mediation did not come as a big surprise.
Why do you find
these smartphone patents to be silly?
Sure enough, Google went ahead and poured more gasoline on
the smartphone patent wars, in part by asking the International Trade Commission to ban iPhone imports because the popular Apple devices infringed Motorola patents.
After that, we can only hope that
the smartphone patent wars ratchet down a notch
But even without its own devices or brand on the market, Nokia still stands to gain significant revenues from the smartphone business through patents it has licensed, rather than sold, to Microsoft: $ 1.65 bn of the $ 5.44 bn purchase price gives Microsoft a 10 - year non-exclusive licence to Nokia's
smartphone patents — some of which it has been using in litigation against various Android smartphone makers — and reciprocal rights related to Here mapping services.
But in Samsung's
smartphone patent, all parts are embedded into the screen, including, yes, you've guessed, a fingerprint sensor.
It's like
the Smartphone Patent Wars all over again.