Apple's Legal Crusade Against Android Dealt Blow in U.S. Federal Court
December 3, 2011 6:53 PM
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Judge calls out Apple on its ubiquitous design claims
Apple, Inc. (
top Android smartphone manufacturer Samsung Electronics Comp., Ltd. (
) in global sales. Analysts say it could face a similar fate in the tablet market by 2014 or 2015. Apple insists that Android is only beating it in sales because
it "stole" its intellectual property
Unable to stop the Android juggernaut on the market, it has taken the top Android smartphone manufacturers to court [
], trying to prove they infringed on its often ubiquitous patents, which included claims of
. The Android manufacturers have fought back: Samsung and Apple have over 80 smartphone-related suits and counter-suits to date in courts around the world, since the start of the war.
I. Samsung Can Continue to Sell its Products
Late Friday in the U.S., a judge in
Northern District Californian federal court
Judge Lucy H. Koh
, dealt a major setback to Apple's international campaign against Samsung. Following earlier statements where she said she would "likely" deny Apple's request for preliminary injunction, she made it final -- no injunction for Apple.
An injunction could have allowed Apple to ban the sale of all Samsung smartphones in the U.S., as well as imports, without Apple having to work through the full standard due process procedure. Instead, the Galaxy line of smartphones and tablets and other popular models like the Infuse 4G and Droid Charge will continue to be available to holiday shoppers.
Samsung spokersperson Jason Kim
in an email, "This ruling confirms our long-held view that Apple's arguments lack merit."
Apple's spokesperson Kristin Huguet disappointedly parrotted her company's previous statement: "[Samsung] blatant copying (Apple) is wrong."
The full PDF of the ruling is available
II. Samsung Likely Infringes Apple's Technology, But Not Its Design
While Judge Koh didn't necessarily dismiss the merits of Apple's
lone technology patent
in the case --
U.S. Patent No. 7,469,381
, which covers a menu bounce animation -- she raised serious concerns about what she viewed as Apple's attempts to position itself as the lone manufacture of functional tablets and smartphones.
She comments that "a size that can be handheld, a screen that encompasses a large portion of the front face of the smartphone, and a speaker on the upper portion of the front face of the product" are functional characteristics, not aesthetic ones and thus should not be protected by Apple's design patents.
Apple asserts that it owns the exclusive rights internationally to produce "minimalist" (that term being the summary of Apple's more verbose claim by a judge in Germany) tablets --
thin, rectangular touch-screen driven tablets with few face buttons
. Thus far Germany
has been the only nation
to buy such a claim.
Judge Koh's comments call into question whether Apple will be able to successfully prove that Samsung is infringing its design patents --
U.S. Design Patent No. D618,677
-- given the compelling differences that exist between Samsung and Apple's product lines once you look past basic form factor.
As for the technology claim, Judge Koh ruled that the menu animation wasn't enough to cause "irreparable harm" to Apple, necessitating a sales ban. She comments, "It is not clear that an injunction on Samsung's accused devices would prevent Apple from being irreparably harmed."
She did however indicate that Samsung likely infringed on the patent by including a similar animation in its distribution of the Android operatings system. She wrote, "Apple has established a likelihood of success on the merits at trial."
Apple must now wait until July 30, 2012 to wrap up that case, though.
III. Legal Situation Grows Dire For Apple
Things are looking bad internationally for Apple's legal campaign against Android. So far its only victories have been relatively inconsequential ones, with one exception.
victory in Australian court
, in which a single judge granted a preliminary injunction banning Samsung tablet sales was
overturned by a three judge panel
earlier this week. While
from Apple puts Samsung's sales down under on ice until Dec. 9, it seems unlikely that Apple will be able to sway the three judge panel, given how critical they were of the idea of a preliminary injunction. Assuming Samsung's triumph is preserved, it will be able hit the market just in time for the final leg of holiday sales.
Elsewhere, in the Netherlands Samsung has escaped a sales ban
by modifying its phones' Android distribution
to remove the aforementioned "bounce" animation. It looks likely that a similar loss, modification, and market reinstatement will occur for Samsung in the U.S. Such a process does little to help Apple as it offers virtually no sales delay for Samsung and no serious damage to the quality of Samsung's product.
The lone sign of hope for Apple comes in Germany, Europe's third largest tablet market. A German court ruled in a lawsuit solely dealing with Samsung's tablets that all of Samsung's tablets violated the
(not technology) patents held by Apple in the European Union. This rulign was the polar opposite of the decision by a Netherlands court, which ruled, like the U.S. court, that Apple's design claims were too broad.
yielded to the German Judge's ruling
, redesigning its product to have a different frame and repositioning its elements such as the speaker and buttons. Apple however has filed a second suit against the new design, which should soon go on sale. It reasserts that it should be the only company legally allowed to make a modern tablet (primarily touch driven, thin, rectangular), regardless of whether the modern tablet looks different from the iPad. The German justice system has not yet decided whether or not to authorize Apple's request for a new preliminary injunction.
If Apple continues to lose or post inconsequential wins in the majority of its court cases the company may be forced to decide between financial success and continuing its personal legal vendetta against Android. Late company co-founder and CEO Steve P. Jobs, described
his final plan for his beloved company remarking
, "I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product."
could be forced to make the tough decision of whether to follow that plan -- whether to exhaust all of the company's fortune on trying to "out-sue" its Android rivals.
Ruling via The Verge
This article is over a month old, voting and posting comments is disabled
RE: Makes me laugh
12/4/2011 4:57:22 PM
Why else would they have taken a stake in Apple for a tour of their research center? That's precisely what it was. The problem is that the people at the top at Xerox were so shortsighted that they didn't know what they had. Frankly, they didn't aim the GUI at the mass market either, the Star was a $16000 computer that was made to network with other $16000 computers. They didn't know wtf they were doing.
So Xerox had a product that wasn't made to succeed, that was fundamentally flawed and unpolished to begin with (compare the Star UI with the Mac UI), and it's clear how the same management was perfectly happy to just show their stuff off so that they could get in on Apple stock at the ground floor. They ended up making 17x their investment on Apple btw.
So yeah, someone else does it right, they sue because they realized they screwed up, and they lost. Happens in business all the time.
RE: Makes me laugh
12/6/2011 1:46:32 AM
OR just maybe the critical mass of different points of view were not present at Xerox.
I worked for Apple back from 1982-86. I was hired to be part of the sales team rolling out the Lisa. You remember Lisa, don't you? We were told to tell our customer base (the Fortune 1000) that Lisa was essentially a Star, but cheaper and standalone.
The Lisa never caught on, in part because of the $10k price tag and in part because by then the IBM PC was making HUGE inroads into the Fortune 1000. But the next year the first Mac showed up at a much lower price point and an entirely different target market. Compared to the PC, it was a major step forward. Compared to Lisa, it was a major step backwards in functionality--but it was cheap.
The common POV at Apple back then was that we had pulled a fast one on Xerox--those guys never saw the value of what they had created.
BTW I have an Android phone, and love it. Patent litigation is Apple's last effort to stem the Android flood. In the future it will be 90%/10%, similar to how Jobs blew the whole PC market back in the mid-80's.
"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes
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