Apples Tries to Use Decade-Old Patents to Ban Samsung Galaxy S IV
May 22, 2013 3:00 PM
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(Source: Trolls News)
Unable to compete, the Cupertino company claims that Google and Samsung stole features from Siri
Given that the massive Galaxy S IV doesn't look too much like the much smaller 4-inch iPhone 5, Apple Inc. (
) is having to turn to new and creative routes to try to convince federal judges and juries to ban its competitor’s flagship product.
I. Apple Targets Samsung Again
Samsung is doing quite well with the Galaxy S IV,
moving 10 million units
in a mere four weeks. Overall Samsung is
outselling Apple 2-to-1
in unit sales. In addition, Samsung is approaching Apple in profitability for the first time; while
Apple has seen its own profit margins
for the first time in years.
Thus it is perhaps expected that Apple would be return to its favorite tactic -- looking to troll Samsung in court.
The Samsung Galaxy S IV
Its latest accusation is that Google Inc.’s (
) Android "Google Now" service violates five invention claims that Apple has patented, with respect to its Siri voice search/assistant that it co-designed with Nuance Communications Inc. (
The patents asserted are:
U.S. Patent No. 8,086,604
: "Universal interface for retrieval of information in a computer system" (filed in 2004)
U.S. Patent No. 6,847,959
: (identically named ... creative) (filed in 2000)
U.S. Patent No. 7,761,414
: "Asynchronous data synchronization amongst devices" (filed in 2007)
U.S. Patent No. 5,666,502
: "Graphical user interface using historical lists with field classes" (filed in 1995)
U.S. Patent No. 5,946,647
: "System and method for performing an action on a structure in computer-generated data"
13-05-21 Apple Motion to Amend Infringement Contentions
But wait, you say, what could patents filed at least four years before Siri was released (or ten or more years in most cases) have to do with Siri or Google Now? And what in the world do graphical user interface patents (the latter two patents from the 90s) have to do with voice search?
II. Apple Looks to Use Ambiguous Decade-Old Patents Against Samsung
Apple contends that the trio of initial patents -- which cover interaction with ambiguous data constructs -- can be applied to Siri, Google Now, (or likely most other pieces of software). And Apple says its equally ambiguous UI "inventions" are fair game, as Google Now is activated by an on-screen button at times, replacing the previous "Android Quick Search Box".
obtained by Florian Mueller, an anti-Google blogger paid by Google's legal rivals, Apple writes, "The Galaxy S4 product practices many of the same claims already asserted by Apple… in the same way as the already-accused Samsung devices."
Unable to compete, Apple is helping the courts lend it a helping hand in its war against Samsung. [Image Source: Cult of Mac]
Judge Paul S. Grewal
U.S. District Court for the Northern District of California
will rule on Apple's request to tack on the patents at a June 25 hearing.
As Samsung and Apple wind up to a second trial, in which Apple is targeting dozens of Samsung smartphones and tablets for bans, the Cupertino company is watching its first $1.05B USD court win over Samsung
start to unravel
pair of patent invalidations
U.S. Patent and Trademark Office
(USPTO). Apple also
failed to secure any lasting bans
on current Samsung products in that case.
This article is over a month old, voting and posting comments is disabled
5/28/2013 7:05:44 AM
"... Samsung put out a phone that makes our shiny new iPhone 5 look like trash! Dig thru the patent box to see if we can find something that can slow down their sales enough that we can catch up! Quick!!!"
Usual Apple tactics. I see all those patents deal with software IP infringement. Not a single one of the has anything to do with hardware.
Samsung is a hardware vendor. If Apple is pursuing Samsung they are going after the wrong folks. Since these are all software IP patents, the only people that can address it is Google.
Another thing I noticed is that none of these patents is over 20 years old - though some are getting close to that magic number. Patents expire. The max amount of time a patent can be in force is 20 years and are often be expired
sooner under certain circumstances (i.e if maintenance fees haven't been paid at 3.5 years, 7.5 years and 11.5).
The most that Apple can hope to gain here is a temporary injunction against
ALL ANDROID PHONE VENDORS
. I see it extremely unlikely that a judge would rule that way as it would completely destroy the mobile phone market (at which time Apple would be fighting class-action anti-competition suits form every android phone maker in the world).
"People Don't Respect Confidentiality in This Industry" -- Sony Computer Entertainment of America President and CEO Jack Tretton
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