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Kamis, 01 Mei 2014

intellectual property attorney, Google will help Samsung pay some fees in Apple lawsuit


During testimony Tuesday a Google lawyer admitted that Google agreed to help defend Samsung against Apple in relation to certain patents involved in the ongoing lawsuit.
According to Re/code Google lawyer James Maccoun said during testimony that Google will offer full or partial indemnity in relation to four patents involved in the case. So, if Samsung has to pay for infringing those patents Google will pay at least part of the associated fees.
While Google agreed to help with four patents involved in the suit, only two of those patents remain active in the case: patents ‘414 and ‘959 which deal with background synchronization and universal search, respectively.
Google is obligated to help Samsung through the “Mobile Application Distribution Agreement” which lets Samsung include Google apps such as Gmail and the Play Store on its devices. Because of that agreement, it’s probable that Google is only helping Samsung when the aforementioned patents apply to Google apps like Gmail and the Search app. Google likely isn’t involved in the aspects of the case which apply more to the open source aspects of Android as Samsung is allowed to change that code as it sees fit.
Manufacturers aren’t allowed to change the code of Google apps, so if the patents apply to those apps it only makes sense that Google helps those manufacturers with any defense and indemnity.
While there is an argument to be made that Apple could cut out the middleman and sue Google over those patents directly, current patent law lets companies sue manufacturers who use software that infringe patents, even if they didn’t create that software. That plus the fact that Samsung makes money directly from Android devices make it the target of Apple’s lawsuits.
This isn’t the first time Google has gotten involved in court cases involving Android manufacturers. The company recently involved itself in the lawsuits between HTC and Nokia to be more involved with those patent disputes.
If the court rules in favor of Apple in the case Samsung could have to pay up to $2 billion in fees. Samsung, of course, argues that it doesn’t infringe on Apple’s patents, and that Apple’s patents aren’t even valid. Samsung also argued that, if it is found to have infringed the patents, it shouldn’t have to pay nearly the sum Apple is asking for.
Do you think Google should be doing more to help manufacturers in patent lawsuits, or is its current involvement good enough?

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Writted by: totor
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Jumat, 25 April 2014

More details on the Samsung v. Apple lawsuit

Anthony Muzonzini

Anthony Muzonzini

Currently living out in the East Coast. When not on the AndroidPIT grind you can usually find me turning up or play footie.

The second trial between Apple and Samsung is underway with Apple claiming that Samsung infringed its patents in various devices which include the Galaxy S3, the S2 and the Galaxy Tab 10.1. Apple is seeking $2 billion in damages and with the last trial having gone Apple’s way with Samsung having to pay $903 million dollars, it seems as though Cupertino is confident of getting the W over Samsung this time round.

apple android invisibleApple v. Samsung / © Apple, Samsung, AndroidPIT

Samsung claims that the features which have been said to have been copied from Apple were developed first by Google and in order to back up this claim, Samsung has called upon a key figure within the Android team to the stand. Lockheimer walked the jury through the development of Android in its early stages.

Lockheimer said, “It was very important that we have our own ideas”. He said that the team that developed Android tried to make it very different from iOS and it was very passionate about what it was doing.

Apple is saying that Samsung infringed on its quick links feature. Cupertino holds a patent for this feature but Lockheimer is saying this feature was developed by Google around 2005 to 2006. Lockheimer says they had a head start on Apple which launched its iOS operating system in 2007 along with the first generation iPhone. Timing is key in Samsung’s argument and the South Korean giant plans on calling other Google executives in order to support its argument.

Samsung’s legal team said they may call as many as 17 witnesses by the end of Monday but most of them would be through dispositions. Judge Lucy Koh, who was at the helm of the last battle between these two tech giants told Samsung that it had to reduce the number of witnesses in its case.

What do you think about all this and who do you think will win this latest war between Apple and Samsung? Please leave a comment below and we will get back to you on this.

Source: CNET



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