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August 23, 2012

Samsung vs Apple patent case is slowly coming to an end


Jurors have begun deliberations after the closing testimonies from both Apple and Samsung just a couple of days ago, thus this lengthy clash between the two titans is now starting to come to an end. This federal trial has lasted over 3 weeks (seems longer, doesn’t it?), and now this multi-billion dollar patent infringing case rests in the hands of 9 people (7 men and 2 women). Remember, Apple are trying to prove that Samsung ripped off their designs for the iPhone and iPad with their successful Android devices such as the Galaxy S and Galaxy Tab 10.1.

With so much money at stake, not to mention the implications this has in the mobile industry market, we should not expect a quick decision from these jurors anytime soon. According to Professor Mark P. McKenna of the University of Notre Dame Law, “This case has huge implications, it could result in injunctions against both companies.”

I know most of you are probably wondering how these jurors will make such a huge decision that could massively affect Samsung. First off, the judge has to read a 109 page set of instructions intended for the jury, as they make their decision, jurors must fill out a 20 page form that includes dozens of “check-off” boxes. According to experts, these 20 page forms are “crazy” and “incredibly complicated.” Needless to say, the jurors have a lot of work ahead of them. Secondly, the jurors have several smartphones and tablets at their disposal in the jury room to further help them from determining whether certain patents were indeed infringed upon or not.

This trial has certainly gone a full circle and I for one am glad that it’s finally coming to a close. While I have to admit that Samsung certainly took some flavors of the iPhone 3GS and implemented it into their first Galaxy S phone, I definitely don’t agree with the extent of Apple’s claims. Remember, Apple is asking $2.5 billion from Samsung for “damages” and loss of iPhone and iPad sales due to several of Samsung’s devices. On the flip side, attorneys for Samsung are asking the jury to award them $399 million after claims that Apple used Samsung’s technology without proper compensation.

With all biases aside, do you think Apple has at least some rights to their claim? Or do you think they’re just crying wolf after seeing Samsung starting to take such a huge hit in their market shares? I personally think Apple just now realizes how much of a threat Samsung has become and is now finally doing something, or anything, to slow them down. Why didn’t Apple file this case as soon as the first Galaxy S was released if it was such a blatant copy of the iPhone? I believe Apple just didn’t think Samsung and their Galaxy line would be much of a threat back then, but now with the huge success of the Galaxy S 2, Galaxy Tabs and recently the Galaxy S 3, Apple has finally realized that they need to act fast before Samsung gain even more ground in the mobile tech turf war.

Now that this case is finally ending, take some time to reflect and let us know what you think about the case. While I hope Samsung comes out a winner, that’s just my biased Android heart talking. I’ll leave you with both Apple’s and Samsung’s closing arguments:

During closing arguments Tuesday, Apple attorney Harold McElhinny said Samsung was having a “crisis of design” after the launch of the iPhone, and executives with the South Korean company were determined to illegally cash in on the success of the revolutionary device.

Samsung’s lawyer countered that the technology giant was simply and legally giving consumers what they want: Smart phones with big screens. They say they have not violatedx any of Apple’s patents and further claimed that Apple’s claimed innovations were actually created by other companies.

By Jonny Polea

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Source – Associated Press

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Jonny Polea

Editor in Chief at Beginners Tech

I joined Beginners Tech as a Technical Journalist in July 2012 and have never looked back. I love tech, gadgets, games and electronics; whether they are retro, current or future concepts. My loving fiancé Sarah has said that when I receive new items for review I’m like a kid in a toy shop – unable to leave it alone for two minutes! Coming from a design background, I am passionate about the design and aesthetics of tech as well as functionality.