As the ramifications from the US court judgement that Samsung has to pay Apple £665 million ($1.05 billion) in damages for infringing intellectual property settle, the long term question arises- who is the real winner. Could it actually be Microsoft and not Apple?
The jury decided several Samsung devices had infringed iPhone maker Apple’s software and design patents.
But be careful what you wish for Google- and to a certain extent Apple itself.
Apparently one of the key issues which helped the jury reach their verdict was a suggestion from Google to Samsung that they make their smart phones look less like Apple’s.
The two firms account for more than half of global smartphone and tablet computer sales.
The nine person jury at the federal court in San Jose, California had to consider 700 questions about each side’s claim that its rival had infringed its intellectual property.
It deliberated for less than three days before coming to a unanimous decision, rejecting all of Samsung’s claims and upholding five of Apple’s allegations, including:
- Some of Samsung’s handsets, including its Galaxy S 4G model, infringed Apple’s design patents for the look of its iPhone including the system it uses to display text and icons
- All the disputed Samsung devices had copied Apple’s “bounce-back response”, which makes lists jump back as if yanked by a rubber band
- Several Samsung devices incorporated Apple’s facility allowing users to zoom into text with a tap of a finger
The reason for the potential damage to Google is that it’s Android smart phone operating system is used by not only Samsung, but also HTC, LG, Sony, ZTE and Huawei- all of whom could now be hit by this ruling.
Any banning of Android’s system is thus going to benefit other smart phone operating systems. Step forward Microsoft and it’s soon to be launched Windows 8.
The ruling is one of the most significant in a global battle over patents and intellectual property.
In recent weeks, a court in South Korea ruled that both technology firms had copied each other, while a British court threw out claims by the US company that Samsung had infringed its copyright.
But the year long US case has involved some of the biggest damages claims, and is likely to shape the way patent licences are handled in the future.
Samsung promised to appeal against the decision describing it as “a loss for the American consumer”.
“It will lead to fewer choices, less innovation, and potentially higher prices,” the South Korean firm said.
The statement added that it was “unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners”.
Apple, however, said it applauded the court “for finding Samsung’s behaviour wilful and for sending a loud and clear message that stealing isn’t right”.
Apple said it intended to seek sales injunctions at a follow-up hearing on 20 September
Overall, the ruling could be a good news for consumers in the long run because it would force Apple’s smart phone competitors to innovate.