Apple provided an overarching vision of its legal attack against Samsung today, a case it's filed to win $2 billion in damages, and get Samsung's products removed from store shelves. Once again that plan centers around a handful of patents for smartphone and tablet features Apple says Samsung knowingly took and implemented in its own products.
At the heart of Apple's argument is that the company changed the very face of consumer electronics with the iPhone in 2007, and risked nearly everything in the process. Moreover, Apple says Samsung took the fast track to success, copying many of its features and making billions in the process. That's identical to the argument Apple successfully pulled off in its first US trial against Samsung, however this new trial involves a different group of products and five other patents, which Apple claims is just the tip of the iceberg of Samsung's copying.
"Samsung copied many many features, but there are limits in what we can accomplish in a trial," said Harold McElhinny, a partner at Morrison Foerster, the law firm representing Apple. "We can't try 50 patents," he added. Instead the company is using five of its patents, which it says were infringed on more than 37 million phones and tablets that were sold by Samsung since August 2011. Apple wants $2 billion in damages for those five patents, based on what its expert has estimated would have been negotiated between the two companies as part of a licensing deal.
While I think Samsung needs to be knocked down a notch, I do think they would of agreed to a licensing deal with Apple if Apple's rates were reasonable. They wanted to charge Samsung way to much while offering others far less. Pretty ridiculous this issue with A vs S as been going on for so long. Samsung surged ahead starting with the S1, which does look a lot like the iPhone. But Samsung got users hooked then and now it seems people, some people, buy products with little reason other than it is Samsung. If Samsung does get knocked down, will just make HTC (which the new One is getting pretty darn good reviews), Moto (again, getting good reviews) and others to make more of an impact in the market.