Patent trials are part bombast, part boredom. Lurid accusations of corporate skulduggery and deceit quickly give way to a mind-numbing slog through the technical details and vague dialect of patent claims.
A jury will be asked to examine all that to settle a new dispute between Apple and Samsung Electronics beginning Monday in a federal court in San Jose, Calif.
The jury trial is the most recent phase in a global plan of smartphone patent litigation that began a lot more than two years ago. The legal clashes mainly opening Apple against rival smartphone makers whose handsets are powered simply by Google?s Android software, notably Samsung, HTC and Motorola Mobility, which Google bought last 12 months. Dozens of lawsuits and countersuits happen to be filed in courtrooms around the world.
Yet the escalating patent battle is greater than just legal maneuvering. Patents can be powerful tools for determining the principles of engagement for major companies within a fast-growing industry like smartphones.
Patents are declarations of invention which are often easily obtained from federal patent examiners, but their real value ? the validity and strength ? is resolute in court.
A few significant rulings in favor of one side or the other, industry and patent experts point out, could shape the competitive landscape in smartphones as well as a sister industry, tablet computers. Court decisions, they say, can provide the basis intended for negotiating the terms and cost of licensing and cross-licensing associated with patents ? or for keeping certain patented features exclusive to a single company.
?Once you determine who would be the genuine innovator, and in what technologies about the product, you reset the playing discipline, ? said Kevin G. Rivette, a Silicon Valley patent consultant and former vice president for intellectual property technique for I. B. M.
But to bring a real shift in the market, Mr. Rivette added, one side must have ?strong patents, not incremental ones. ?
That issue is much disputed, and litigated, in the smartphone arena.
Apple scored some points inside June. Judge Lucy H. Koh, who will also preside on the jury trial that begins this kind of week, issued a preliminary injunction versus Samsung, ordering it to stop promoting its Galaxy Nexus smartphone in the usa.
Judge Koh found that Samsung had infringed with an Apple patent for a ?universal screen, ? which broadly describes crucial ingredients present in Siri, Apple?s question-answering application (though the patent itself was filed simply by Apple before it acquired Siri this season).
But the power of smartphone patents normally suffered a blow in one more federal court in June.
Richard A. Posner, a prominent federal appeals judge judge in Chicago, dismissed a case involving Apple company and Google?s Motorola Mobility subsidiary. In his ?pox on both of your respective houses? ruling, Judge Posner ridiculed Apple?s broad claims for the user-experience patents and Motorola?s claim that Apple should pay it some sort of rich royalty on its simple communications patents. Both companies are appealing in which ruling.
Fierce patent battles in new industries are actually the rule for regarding green century, from the steam engine in order to semiconductors. The lessons of history are generally decidedly mixed.
Sometimes, patent warriors can hold off rivals for a long time, as the Wright brothers did in the airplane business ? though the charge in time, money and innovative energy diverted was daunting even then. In 1912, Wilbur Wright wrote, ?When we think what we might have accomplished if we ended up able to devote this time for you to experiments, we are very sad. ?
In smartphones, some analysts say, the sheer number of patents as well as the speed of innovation in product development undermine the ability of patents. Because a smartphone combines numerous communications and computing technologies, as many as 250, 000 patents may touch it, according to estimates by RPX, a patent licensing company.
?You necessarily litigate individual patents, but there are thousands of patents behind those in court, ? said Mark A. Lemley, a patent expert at your Stanford Law School. ?That complexity and the speed of innovation may make it easier to invent about the patent system in smartphones. ?
Indeed, for its new Galaxy types, Samsung developed an alternative to among the Apple-patented features cited in this specific week?s trial.
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Source: http://answers.apostoliccm.com/2012/07/apple-samsung-patentfight-shifts-to-demo/
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