On Wednesday this week, Germany’s Bundespatentgericht
finally ruled in Apple’s favor that invalidated in its entirety the German part
of Samsung’s EP1005726 on a “turbo encoding/decoding device and method for
processing frame data according to Qos”. Previously, Samsung had declared that
the patent was essential to the third generation wireless standard. The ruling
is expected to impact on other lawsuits between the Samsung and Apple. Samsung
spokesman noted that they would decide whether to proceed with the appeal
later. However, since the Germany Federal patent court made the invalidation
decision, retrial could be detrimental to Samsung.
It seems like Apple
could take a deep breath; however, a not-so-good news came out on Thursday. A court
in Florida declined to ‘mop up a mess’ of multiple claims since the court
considered Apple and Motorola have no interest in efficiently resolving their
patent lawsuit. Judge Robert Scola stated that both Apple and Motorola greatly
expanded the scope of this patent litigation by, among other things, supplementing
patent infringement and invalidity contentions. The court denied to give the
two companies a case management conference to reduce the size and complexity of
the case.
I think I am 100%
agree the court’s decision. Everyone has to pay the price for his or her
mistakes. Similarly, the tow companies need to mop up the mass they made by
themselves instead of wasting taxpayers’ money. I still remember the stunning
iPhone press conference six year ago, when Steve Jobs announced to the world:”
Apple is reinventing the phone.” I don’t know how many people, like me, noted
his sly smile:” Of course, we applied for more than 200 patents to protect that
lead for at least five years of mobile phones.” The picture below tells us the
impact of iPhone to the smartphone industry.
In order not to let
competitors have been enjoying the innovation and technology, Apple tries to
use patent as a weapon to block its competitor. However, it is regrettable that
Apple’s approach didn’t make any competitor’s products eliminated from the
market; instead, some competitors had started to fight back using the similar approach. One of these patent battle centered around Apple's slide to unlock feature, which we talked about last week. Since then, we, as consumers, started to see this endless smartphone patent
war. I guess the future smartphone patent war may end in a cross license
agreement, but not until the final armistice. It may need to invest more time
and money. It seems like Apple start to realize this so they try to simple the lawsuits
with Motorola. Although they have not been able to agree on how to accomplish
the goal to drop patents and claims, at least, they both have the willing to do
so, which is a good starter to settle in my opinion.
I also read the article you mentioned that the court in Florida decided not to "mop up a mess" of the nonstop claims between Apple and Motorla. The judge was saying how these claims are just for publicity. When Steve Jobs announced iPhones, Apple surely changed the phone industry. It is sad to see how Apple uses patent litigation to try to stay ahead of the game now that Steve Jobs has passed away. Apple really needs another innovative idea to stay on top.
ReplyDeleteLooking at how the iPhone revolutionized the mobile device space makes me want to praise Steve Jobs even more as a visionary. Now that he is no longer with us, companies have caught up with the technological innovations (even if that means patent infringements) and are biting into Apple's market share.
ReplyDelete