Patent infringement battle between Samsung and Apple

mhsabir

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Apple is looking for Samsung to fork over $2.5 billion to settle patent infringement claims in the U.S.

Drilling down the price tag per unit, $2.02 covers the "overscroll bounce" technology cited in the '318 patent. That technology lets users know when they've reached the bottom of a screen or list by responding with a bounce.

Another $3.10 covers the "scrolling API" technology from the '915 patent. Another $2.02 is for the "tap to zoom and navigate" feature from the '163 patent. And finally, $24 covers the use of any of Apple's "design patents or or trade dress rights."

Overall, that means the damages cover both design and technology, but the bulk of the $2.5 billion is more about design.
 

Sushubh

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i read this piece. it is largely made on claims made by Florian Mueller who is not really a trust fellow on the internet. just saying.
 

mhsabir

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Hmm.. ok. But I wont be surprised at Apple if they do go ahead with something like this.
 


Sushubh

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Samsung has been researching and developing mobile telecommunications technology since at least as early as 1991 and invented much of the technology for today‘s smartphones. Indeed, Apple, which sold its first iPhone nearly twenty years after Samsung started developing mobile phone technology, could not have sold a single iPhone without the benefit of Samsung‘s patented technology.

Samsung, Apple patent lawsuit documents revealed ahead of trial

Looks like Samsung is getting frustrated.
 

Sushubh

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here. apple is complaining that samsung is asking too much for their own patents that are being used by apple.

Samsung is demanding a 2.4 percent rate on the "entire selling price" of Apple's mobile products, Apple said in the court filing.
"Samsung's royalty demands are multiple times more than Apple has paid any other patentees for licenses to their declared-essential patent portfolios," Apple said.
The legal filings do not disclose the rate Apple pays to other companies for standard essential patents. In a court filing on Tuesday, Apple had said it should pay one-half of 1 cent per unit for each infringed standard essential patent.
However, Samsung said in a separate filing on Wednesday that its offer "is consistent with the royalty rates other companies charge" and that Apple never made a counter offer.
"Instead, it simply rejected Samsung's opening offer, refused to negotiate further and to this day has not paid Samsung a dime for Apple's use of Samsung's standards-essential technology," Samsung said.

Apple says Samsung patent royalty demands unfair - Yahoo! News
 

agantuk

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If Apple has violated essentials patents, they need to provide it at the same rate applicable for other manufacturers. Samsung sure has a strong case in this area.
 

Sushubh

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samsung probably would not ask for a ban as they would get hurt themselves considering the amount of components samsung provides for ios devices. :D
 

Sushubh

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WSJ article on the same.

The Apple-Samsung Trial: What Samsung Will Attempt to Prove - Law Blog - WSJ

For good measure, Apple seeks to exclude Samsung from the market, based on its complaints that Samsung has used the very same public domain design concepts that Apple borrowed from other competitors, including Sony, to develop the iPhone. Apple‘s own internal documents show this. In February 2006, before the claimed iPhone design was conceived of, Apple executive Tony Fadell circulated a news article that contained an interview of a Sony designer to Steve Jobs, Jonathan Ive and others. In the article, the Sony designer discussed Sony portable electronic device designs that lacked “excessive ornamentation” such as buttons, fit in the hand, were “square with a screen” and had “corners [which] have been rounded out.”

Long before Apple even announced any of its 3G products that use Samsung‘s standards-essential technology, Samsung had offered licenses for these patents (along with other patents) to virtually every major player in the mobile phone industry, successfully striking cross-licensing deals with all of them. After Apple released products that use the technology patented in the [two standards-essential patents at issue in the trial], Samsung similarly offered a cross-licensing deal to Apple, asking for a fair and reasonable royalty in return for Apple‘s use of Samsung‘s technology. Unlike all the major players in the mobile phone industry, however, Apple refused to enter a cross-licensing deal with Samsung.

Instead, despite the fact that virtually every other major industry participant was willing to take a license from Samsung for use of the standards-essential patents in this suit, Apple claimed that Samsung‘s patents are unenforceable.
 

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