Samsung and Apple They keep hitting each other while the day to day goes on. patent infringement trial that is being developed in the United States seems like it will not end, but will continue for a long time. The latest move has been made by Samsung, which seems totally willing to include the iPhone 5 among the list of devices that violate your patents. It is a counterattack against Apple, which ended up getting away with it in the trial that found its end a few weeks ago with all the fuss.
At the moment, it seems that There will be several smart devices from Samsung that will have to be withdrawn from the American marketAmong these, Apple has declared that the Samsung Galaxy Nexus and the Galaxy S3 also infringe its patents and should therefore be withdrawn from stores. At this time, we don't know which devices will be discontinued in the United States, as this is a decision that the competent authorities will have to make.
However, Samsung has decided not to go under, but to respond to Apple's attacks. Therefore, they have decided to include the iPhone 5 as one of the devices that violates their patents in the well-known lawsuit that has gone around the world. In this way, they could not only get a compensation, but the withdrawal of the mobile from American stores, something that would do a lot of damage to a device like the iPhone 5, which has a large market niche there.
Apparently, most of patents violated from Samsung by the iPhone 5 They seem to have to do with essential aspects of 3G technology, we suspect that they are closely related to 4G LTE, as well as some other specific and more varied aspects.
In any case, whatever the intentions of both are, they will have to wait, since they will only be able to communicate them to the jury on the day of the hearing, which will not take place until November 6th, in a little over a month..
What the new legal offensive includes
Samsung filed a request with the Northern District Court of California to add the iPhone 5 to his patent lawsuit, alleging infringement of two standards-essential patents y six utility patentsThe company maintains that as soon as the device was on sale, it initiated a technical investigation and detected vulnerabilities linked to 3G/LTE technologies already have functions such as synchronization, touch keyboard and viewing of photos and videos. In its public stance, Samsung repeats that it prefers to "compete in the market" but that Apple's "aggressive legal measures" force it to protect its innovations and intellectual property.
Key decisions in California and scope of the case
A federal judge in San Jose allowed Samsung add the iPhone 5 to the cause and, in parallel, authorized Apple to incorporate the Galaxy Note’s most emblematic landmarks, the Galaxy S III and the system Android Jelly Bean in their claims. The judge also warned that future extensions for newly launched products, such as new iPads, could be accepted if the parties acted with reasonable diligence. On another front in the same court, the ban on sales of the Galaxy Tab 10.1 concluding that it did not infringe a specific design, while a precautionary measure against Galaxy Nexus was later overturned on appeal.
These resolutions coexist with a jury verdict that awarded Samsung compensation exceeding billion dollars for violations in technology and design, considered then a big win for AppleYears later, and already focused on the scope of the damages for design patents, another jury set a figure higher than five hundred million, following judicial clarifications that allowed the damages to be recalculated based on the affected components and not necessarily on the total value of the product.
Beyond California, the legal battle has been fought in multiple jurisdictions and has included cross-accusations of copying interface (such as interaction gestures) and infringement of telecommunications standards. In this context, Apple is pushing to recall key Samsung handsets, and Samsung is responding by trying to incorporate the iPhone 5 to the list of products that it claims infringe its patent portfolio. The immediate evolution will again depend on the court's calendar and the ability of each party to sustain injunctions affecting the sales in the United States.
