I understand that of course, there will be legal challenge upon legal challenge, and that the battle isn’t over yet. But assuming that the verdict is ultimately upheld, what would it mean for existing users of Samsung products using the Droid operating system? Would Samsung be forced to remotely “brick” these products? Massive product recall? Will the ghost of Steve Jobs come along and smash my phone with a hammer, what?
Zombie Steve Jobs is more dangerous than you would ever believe …
If upheld, Samsung will have to give Apple a lot of money, and going forward it might make non-Apple smartphones more expensive if Android manufacturers have to license the rectangular shape from Apple.
OK, but I mean, will it have any effect on my current phone, the amount of money I pay to Verizon every month for my phone service, the continued willingness of companies to create apps for the Google Play Store, et cetera?
I use and enjoy Apple products, but I was really surprised this case was even allowed to proceed, and I really hope this verdict gets thrown out. The fact that Samsung wasn’t allowed to present proof of prior art is appalling. In many ways Apple is like Mandy Patinkin in Elmo in Grouchland.
Cite for Samsung not being allowed to show prior art? That seems utterly ridiculous for a patent case.
There’s one story on it here.
This story indicates that the evidence was not about prior art, it was to support an interference.
Prior art is what is out there in the public domain when a patent is applied for. The story talks about something Samsung was “working on”. The point here is that if Samsung had been working on technology that Apple patented, the patent should go to whichever side can show the earliest start of a contiguous effort up to the time of the first filing. It’s got nothing to do with prior art.
From what I read the case was handled very ineptly by the law firm Samsung hired. Lots of stuff that could help them was throw out they could have included if it had been submitted in timely manner.
This is what I’m actually talking about.
Is science fiction eligible as prior art? I thought it had to be a working product patent or prototype. Are flip-phone patents invalid because similar devices were imagined for Star Trek?
Anyway, this point seems to be moot because the jury denied Apple’s claim against Samsung for all tablet patents, only upholding iPhone and iOS related patents.
Something else that was mentioned in articles I’ve read: this case was heard in a courthouse that’s pretty much in Apple’s backyard. Thus, it’s an open question whether Samsung really got a fair trial or not.
Apple was claiming infringement of design elements – rounded corners, arrangement of icons and so on – even though they’re just variations of designs that have been done before. As this Forbes editorial points out, design is not invention, especially when it’s something as common and obvious as rounded corners.
Nitpick: The operating system is Android. “Droid” is a particular brand of Motorola phone hardware and has nothing to do with Samsung.
While the operating system is Android, “Droid” is not specific to Motorola, it is specific to Verizon, and Samsung does actually make a “Droid” branded phone.
I did not know that. Thanks for the correction.
Respectfully, I still don’t believe the original question has been answered.
- It will absolutely not effect current phones. Assuming this verdict is upheld 100% what would normally happen is an injunction will be placed against Samsung barring them from releasing similar phones, they will pay the financial judgment levied against them and possibly down the road they’d work out a licensing agreement with Apple that would allow them to release new phones of a similar design.
Generally these cases try to result in stopping future infringement and compensate the infringed party, but generally there are no consequences for people who already purchased the infringing product.
- Android OS was not really a prominent part of the case. Most analysts I’ve been reading on sites like Bloomberg, WSJ.com and etc say that while this could push some manufacturers to try and make more Windows Phones and market them heavier (since Microsoft essentially is an 800 pound patent gorilla Apple wouldn’t dare litigate against in the mobile space) nothing in this judgment is going to have any immediate impact on any other Android handset manufacturer.