Google Plays a Bigger Role in Latest Apple vs. Samsung Lawsuit

andy_rubin_headshot Google engineers, including former Android Chief Andy Rubin, may testify during the second patent lawsuit trial between Apple and Samsung, reports The Wall Street Journal.

Samsung will reportedly use the testimonials to prove that it licensed four out of the five software features it is accused of infringing upon, as it contends that Google had already been working on the technologies before Apple filed for patents.

To help defend Samsung, Google engineers are expected to take the stand to refute Apple's arguments that it forged new ground with the iPhone. Andy Rubin, the former head of Google's mobile business who oversaw the development of Android, is listed as a potential witness. Mr. Rubin worked for Apple from 1989 to 1992.

"Google will be a lot more front and center than in previous cases," said Michael Carrier, a patent expert and law professor at Rutgers University in New Jersey. "Google vs. Apple makes it more of a clash of the titans on the same turf."

Apple's list of asserted patents include those for hyperlinking, background syncing of data, Siri's universal search capabilities, auto-complete, and slide-to-unlock. Samsung states that all of these features found on its Galaxy devices are Android features, except for slide-to-unlock functionality. The second trial covers more recent devices such as the Galaxy S III, Galaxy Note II, Galaxy Tab 10.1, the iPhone 4/4s/5, the iPad 2/3/4, the iPad mini, and fourth and fifth generation iPod touch.

Following the conclusion of the original patent lawsuit that covered older devices, and the subsequent damages retrial to redetermine a segment of the reward, Samsung was ordered to pay Apple $890 million.

A report last week also noted that Samsung plans to call Google's VP of engineering Hiroshi Lockheimer, and Todd Pendleton, Samsung's marketing chief for its U.S. telecoms division to the stand. Meanwhile, Apple expects to call marketing chief Phil Schiller and possibly former SVP of iOS Software Scott Forstall among many others.

Tag: wsj.com

Top Rated Comments

dermeister Avatar
89 months ago

Could someone please explain the whole Apple vs. Samsung thing to me? Who is suing who, and for what exactly?

Sure. Apple is suing Samsung for basically wholesale copying of the iPhone, both in terms of software and trade-dress, meaning the Samsung devices look so similar that users can't even tell the difference. Apple produced a document with something like a 130+ bullet point review by a Samsung employee of Apple's device and how to copy it.

Samsung is counter-suing on the basis of standard-essential patents, meaning technical patents that are so basic that one cannot hold-out - by law, it must be licensed to anyone for a "reasonable fee". Apple contends that Samsung is asking for more than the value of the standard patents, effectively desiring to steal value from Apple in excess of the value of the patents.

The nihilists who want to claim both sides are equally at wrong proclaim that both are suing for patents, and both claims are thus equivalent and absurd or cancel out, or proof that there should be no such thing as patents.

The Samsung brigade claims Samsung suing is proof that Apple copies too. Furthermore, it downplays the fact that Samsung devices were blatant copies by the absurd reduction of the iPhone to "a black rectangle", and, as Samsung's lawyers said "who can have the right to black rectangles". The insult to everyone's intelligence not withstanding, the Samsung brigade has taken up the lawyer's slogan.

The Apple brigade claims that Samsung is a shameless copy-master with copying so ingrained in it's corporate culture that the poor kleptocrats don't even understand right from wrong anymore.

Helpful?
Score: 40 Votes (Like | Disagree)
kdarling Avatar
89 months ago

By the time this is all settled these devices will have been discontinued. What a huge waste of money.

Yep. IIRC, it involves the Galaxy S3 and the iPhone 5.

I don't know why but a feeling tells me Apple will win again.

I hope neither one wins. This is like the poster child of why software patents (and their trials) are just plain dumb.

For example, the "universal search" is something that people have been doing for years. Whether or not Samsung infringed, all hinges on what a missing comma means, and which year dictionary is used. You might as well flip a coin.

Ditto for the "hot links" for recognizing things like phone numbers in text, and for keyboard "word completion", or for Samsung's patent on compressing video.

None of these are novel inventions, so it comes down to whether or not one company's developers implemented something in the same way that the other filed a patent on... a situation which is NOT about copying, but about developers doing the same thing a world apart.

.
Score: 18 Votes (Like | Disagree)
69Mustang Avatar
89 months ago

Sure. Apple is suing Samsung for basically wholesale copying of the iPhone, both in terms of software and trade-dress, meaning the Samsung devices look so similar that users can't even tell the difference. Apple produced a document with something like a 130+ bullet point review by a Samsung employee of Apple's device and how to copy it.

Samsung is counter-suing on the basis of standard-essential patents, meaning technical patents that are so basic that one cannot hold-out - by law, it must be licensed to anyone for a "reasonable fee". Apple contends that Samsung is asking for more than the value of the standard patents, effectively desiring to steal value from Apple in excess of the value of the patents.

The nihilists who want to claim both sides are equally at wrong proclaim that both are suing for patents, and both claims are thus equivalent and absurd or cancel out, or proof that there should be no such thing as patents.

The Samsung brigade claims Samsung suing is proof that Apple copies too. Furthermore, it downplays the fact that Samsung devices were blatant copies by the absurd reduction of the iPhone to "a black rectangle", and, as Samsung's lawyers said "who can have the right to black rectangles". The insult to everyone's intelligence not withstanding, the Samsung brigade has taken up the lawyer's slogan.

The Apple brigade claims that Samsung is a shameless copy-master with copying so ingrained in it's corporate culture that the poor kleptocrats don't even understand right from wrong anymore.

Helpful?


Not helpful at all. This is how misinformation gets spread. The thinly veiled knocks on Samsung are not convincing in an honest summary. You would have been better served by just saying "Samsung copied the s#%t out of Apple's ideas". I personally think they both need to stop this crap but that's just my opinion. No matter which company wins, it doesn't benefit us at all.
Score: 15 Votes (Like | Disagree)
Cyborg21 Avatar
89 months ago
I don't know why but a feeling tells me Apple will win again.
Score: 11 Votes (Like | Disagree)
newagemac Avatar
89 months ago

It's obvious.

Sadly the longer Apple drags on with legal assaults, less time and money go towards doing innovating things.

Wow, didn't realize the lawyers were doing double duty as designers and engineers as well! And the fact that Apple's massive $150 billion cash hoard was used completely up for this trial must be devastating! Man, Apple must be on hard times that they have to rely on lawyers write all their software code and do their product design innovations.

Hopefully the lawyers can finish this trial quickly so they can make it back to Cupertino in time to finish working on the iWatch.

/sarcasm
Score: 9 Votes (Like | Disagree)
kdarling Avatar
89 months ago

Sure. Apple is suing Samsung for basically wholesale copying of the iPhone, both in terms of software and trade-dress,

This trial has nothing to do with trade dress.

Samsung is counter-suing on the basis of standard-essential patents,

This trial has nothing to do with SEPs.

This trial, like most software patent trials, is about asking a jury of people off the street to decide technical issues that often confuse people with decades of specific experience.

And of course, it's about infringement, not copying, since it's extremely unlikely that either side stole any code or even looked at the other's methods.

Then there's the royalty payments that Apple wants. They're so outrageous, that even Florian Mueller, who is well known as being pro-Apple and anti-Samsung, wrote:

"I face the first situation in which I don't merely disagree with Apple but am rather wondering whether it has lost its mind."

"Apple's damages theory for the trial (...) is an objective insanity"

At upcoming trial, Apple wants Samsung to pay $40 per device for only five software patents (http://www.fosspatents.com/2014/03/at-upcoming-trial-apple-wants-samsung.html)

Not to mention that this could backfire on Apple, when they later have to pay Samsung and others. A jury could decide that what's good for the goose is good for the gander.
Score: 8 Votes (Like | Disagree)

Top Stories

16inchmacbookpromain

Kuo: New MacBook Pro Models to Feature Flat-Edged Design, MagSafe, No Touch Bar and More Ports

Thursday January 14, 2021 9:32 pm PST by
Apple is working on two new MacBook Pro models that will feature significant design changes, well-respected Apple analyst Ming-Chi Kuo said today in a note to investors that was obtained by MacRumors. According to Kuo, Apple is developing two models in 14 and 16-inch size options. The new MacBook Pro machines will feature a flat-edged design, which Kuo describes as "similar to the iPhone 12" ...
iphone x camera close

iOS 14.4 Will Introduce Warning on iPhones With Non-Genuine Cameras

Thursday January 14, 2021 8:07 am PST by
In the second beta of iOS 14.4 seeded to developers and public testers this week, MacRumors contributor Steve Moser has discovered code indicating that Apple will be introducing a new warning on iPhones that have had their camera repaired or replaced with aftermarket components rather than genuine Apple components. "Unable to verify this iPhone has a genuine Apple camera," the message will...
prototype iphone 12 pro

Prototype iPhone 12 Pro Shown Off in Photos

Wednesday January 13, 2021 3:39 pm PST by
Developer Giulio Zompetti, who often shows off prototype versions of Apple devices, today highlighted a prototype version of the iPhone 12 Pro. The iPhone 12 Pro is running an operating system called SwitchBoard, a nonUI version of the iOS 14 update that Apple uses internally. We've seen SwitchBoard on prototype devices before, as Apple uses it to test new features. Zompetti's prototype...
find my app safari post

Safari Allows Users to Enable Hidden 'Items' Tab in 'Find My' App Ahead of AirTags Launch

Wednesday January 13, 2021 5:45 am PST by
As seen in screenshots obtained by MacRumors in 2019, Apple's long-rumored AirTags items trackers are expected to be managed through the Find My app on iPhone, iPad, and Mac. Now, any user can get an early look at this tab. MacRumors reader David Chu today alerted us that the hidden "Items" tab in the Find My app can be enabled on an iPhone or iPad by typing in the link findmy://items in...
pioneer carplay wc5700nex

The Best Apple-Related Accessories at CES 2021

Wednesday January 13, 2021 1:16 pm PST by
CES 2021 is taking place digitally this year, and it hasn't been as exciting as in past years because many vendors have opted out. That said, some companies are still showing off some interesting Apple-related accessories that are coming out this year and that will be of interest to Mac, iPad, and iPhone users. Subscribe to the MacRumors YouTube channel for more videos. Pioneer Wireless...
Hue module dimmer switch

Philips Hue Announces New Wall Switch Module, Dimmer Switch, and Outdoor Light Bar

Thursday January 14, 2021 3:11 am PST by
Philips Hue has announced a new wireless dimmer switch module that lets Hue bridge owners directly control the smart lighting from their standard wall switches. The new Philips Hue wall switch module is the ideal addition to any Philips Hue set up. Installed behind existing light switches, it allows users to turn their existing switch into a smart switch and ensures their smart lighting is...
macbook pro 16 inch thunderbolt

Bloomberg: Next-Generation MacBook Pro to Offer Improved Displays, Faster Charging Over MagSafe

Thursday January 14, 2021 11:36 pm PST by
Following today's report from analyst Ming-Chi Kuo outlining major changes for the next-generation MacBook Pro models coming in the third quarter of this year, Bloomberg's Mark Gurman has weighed in with his own report corroborating some of the details but seemingly differing a bit on others. First, Gurman shares more details on the return of MagSafe charging to the MacBook Pro, indicating...
cook cbs this morning

CBS This Morning: Apple to Make 'Big Announcement' Tomorrow Morning

Tuesday January 12, 2021 8:46 am PST by
CBS This Morning today shared a short clip of an upcoming interview with Apple CEO Tim Cook in which addressing last week's events at the U.S. Capitol, with Cook saying "it's key that people be held accountable for it." Following the clip, Gayle King of CBS noted that the interview with Cook was not specifically arranged to address the current controversy over Parler and other repercussions, ...
iOS 14

Apple Seeds Second Betas of iOS 14.4 and iPadOS 14.4 to Developers [Update: Public Beta Available]

Wednesday January 13, 2021 10:03 am PST by
Apple today seeded the second betas of upcoming iOS 14.4 and iPadOS 14.4 updates to developers for testing purposes, with the new betas coming a month after Apple released the first betas. iOS 14.4 and iPadOS 14.4 can be downloaded through the Apple Developer Center or over the air after the proper profile has been installed on an iPhone or iPad. Paired with the HomePod 14.4 beta that is...
caldigit thunderbolt 4 dock featured

CalDigit Introduces USB-C Dock With 10 Ports and Up to 94W Charging for Macs [Updated]

Wednesday January 13, 2021 9:16 am PST by
CalDigit today unveiled a new Thunderbolt 4 dock with a wide selection of connectivity options, including three USB-A ports, one USB-C port, two HDMI 2.0 ports, a Gigabit Ethernet port, an SD card slot, and a 3.5mm headphone jack. The dock also has a Thunderbolt 4 port that allows it to be connected to a Mac with a single cable, with up to 94W of pass-through charging for the latest MacBook...