Apple and Samsung begin second patent court fight today in U.S.

In August 2012, a jury in San Jose, California awarded Apple over one billion dollars, agreeing with the company that rival Samsung had violated a number of its patents. Today, the two tech businesses begin a second legal battle in San Jose and once again it's over patent infringement claims.

Jury selection for the trial begins today. According to Re/code, 10 people will be picked to sit on the jury, who will decide if Samsung has violated five software patents owned by Apple in 10 devices, including the Galaxy S2 and 3 as well as the Galaxy Note and Note II. The jury will also have to pass judgment if Apple has violated two Samsung patents in eight of its devices, including the iPhone 4, 4S, 5 and the iPad 2, 3, and 4. Unlike the 2012 trial, no design patents are being contested.

Among the patents Apple claims Samsung has lifted from them include the "slide to unlock" feature found on many modern smartphones, along with the user interface offering suggestions when typing in words. Samsung will try to argue that Google, the creator of the Android OS used in all of the listed devices in the trial, created many of the smartphone features that Apple is contesting in its patents. Indeed, some Google employees, including former Android OS leader Andy Rubin, are likely to be called as witnesses in this new trial.

In January, Samsung and Apple attempted to settle this latest dispute via mediation but that turned out to be unsuccessful. That means the court battle will now begin, which will be presided by Judge Lucy Koh, who also handled the same duties in the 2012 trial. This new court battle is expected to take about a month before it heads back to the jury for their final verdict.

Source: Re/code | Patent law image via Shutterstock

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18 Comments

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Because Google is giving Android away and doesn't make money from Android directly.

Samsung is not only using Android and profiting from it, but it is building the devices too.

gameboy1977 said,
why not Google VS Apple instead of Samsung VS Apple? :p

It should be... Although Google is not 'technically' involved, they should be willing to protect their OEM partners, and they aren't. They even screwed over Motorola by urging them to fight back before the acquisition, and after the acquisition realized it might hurt Google to offer too much help and left them hanging.

This is one key selling point of WP to OEMs, is that Microsoft guarantees the software and patents and will assist in any legal challenge or defense of a product running Windows.

If you notice, Apple doesn't go after WP devices by the same OEMs, only the Android devices.

Google should offer the same guarantee and protections, but they don't and probably can't. Sadly, this is where things are bit dodgy, as Google understands this and uses it for their advantage. Google can put crap into Android that is covered by patents and copyright and because they don't profit from it directly, and can hold up their hands and claim ignorance, leaving the actual OEMs at the mercy of legitimate and troll patent claims.

I don't agree with Apple on many of their patent claims as they weren't the creator of the technology and don't hold the original patents or art. However, I think Google is far more egregious in how they allow this to happen with a product they produce and indirectly profit.

adrynalyne said,
Because Google is giving Android away and doesn't make money from Android directly.

Samsung is not only using Android and profiting from it, but it is building the devices too.

A judge in California has stated for the record that Google are NOT giving Android away for free but are benefitting indirectly. He's ruled that Google entire world-wide advertising revenues are fair game for damage calculations. Couple this with the Rockstar consortium's case against Google - they claim Google knowingly breached Nortel's search engine patents - and we have a company that's looking at some very deep doodoo.

Remember - Don't Do Evil (get your OEM customers to do it for you).

Serious question, but how are they not giving it away? There is no licensing fee, and companies aren't even required to use google's application suite or services.

they are giving away the OS that makes them money in advertising and data mined from users of that OS just the same as anyone who gives away ad supported software google do the same thing

Samsung are quite blatant ripping off Apple but whether the things mentioned are that damning, I'm not so sure.

Samsung has never said it didn't infringe on Apple's patents. In fact, in the last lawsuit, they flat-out said they infringe. Samsung is actually trying to dispute the patents' validity.

Kept hoping, and probably was foolish to do so, that Samsung and Apple would settles things without more court action. But they are both hard headed.

She seemed like a "no BS" kind of judge honestly. Her background seems fairly solid, and the fact that she's had some experience over what goes on in the tech industry is something I actually appreciate, as opposed to having a judge who knows very very little on these subjects.

I think she was also bound to be labeled bias in some form. I mean, people thought her to be bias simply because of her Korean background that she might lean support towards Samsung; suddenly, it goes the other way, and now she's in "Apple's pocket".

I feel like there's no winning the public over here, but thankfully, her job isn't to please and entertain us.