Samsung and Apple file to drop claims to get trial started on time

Samsung and Apple file to drop claims to get trial started on time
Last week both Apple and Samsung were told by Judge Lucy Koh that if each wanted to get their trial started on time, the number of claims from each side had to be reduced. At first, courtroom analysts figured Apple would be more interested in slowing things down, but with the introduction of the Samsung Galaxy S III, it seems Apple would really like to get a verdict in the case. To get things started on July 30th, both manufacturers decided to offer to drop about half their claims with Apple letting go of all of its trademark claims. While it does sound like a sacrifice for both sides, Apple wants the dismissal to be without prejudice meaning that it assert these dismissed claims at another trial. While Samsung's filing offers to drop 5 of its 12 claims, the Korean firm says that Apple's case is still too big to be tried over the summer and wants its claims dismissed with prejudice so that they cannot return in court.

Apple has made it clear that they feel that Samsung has copied the look and feel of Apple products. CEO Tim Cook said, "we just want people to invent their own stuff," while Samsung retorts that Apple is trying to "compete through litigation." Apple says that Samsung has become the top smartphone maker through infringement and thus owes billions of dollars in damages. And while it was the late Steve Jobs who once said that "good artists copy, great artists steal," current Apple CEO Tim Cook is thought to be ready to compromise as litigation is said to not be his thing.

Among the claims Apple is willing to drop are a few relating to the look of the Apple iPhone and Apple iPad including U.S. Patent Nos. D618,677 and D593,-87 for the body style of the Apple iPhone. Other claims Apple is willing to dismiss are U.S. Patent No. D617,334 and U.S. Patent No. 604,305 for the GUI for the Apple iPhone and U.S. Patent No. D504,889 for the body style of the Apple iPad 2. Among the claims that Samsung is willing to drop is U.S. Patent No. 7,079,871 related to displaying data on a portable phone, and U.S. Patent No. 7,069,055 on a "mobile telephone capable of displaying world time and method for controlling the same". A complete list of which claims both sides are willing to drop can be found at the sourcelink.

source: FOSSPatents



1. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Apple not wanting to dismiss with prejudice is just wanting another bite at the apple if it loses this time around. Sammy should just let things run their natural course. They aren't facing a sales ban, so what is the hurry?

2. anywherehome

Posts: 971; Member since: Dec 13, 2011

now just Apple is copying all the time....just see the last "new" features in iOS....iOS is far far behind....just take a look: once Apple brings widgets (not just boring icons) the iPeople will say: "Great invention of Apple:" like status bar copied from Android :)

8. taco50

Posts: 5506; Member since: Oct 08, 2009

I don't know if you know this but widgets aren't an android invention. Apple has been using widgets on their computers for a decade now.

10. anywherehome

Posts: 971; Member since: Dec 13, 2011

I know, I didn't say that.....Android just uses the best experience and put it into one iOS copies without work

3. ivanko34

Posts: 617; Member since: Sep 04, 2011

apple wants the justice faster because of the s/// ? they are afraid of samsung ?

4. jroc74

Posts: 6023; Member since: Dec 30, 2010

An article showing them both willing to compromise, sorta getting this thing settled....and has very few posts.

7. taco50

Posts: 5506; Member since: Oct 08, 2009

True lol. This compromise isn't because they're playing nice. The judge forced both companies to tighten up the number of lawsuits.

5. -box-

Posts: 3991; Member since: Jan 04, 2012

While I appreciate the attempt at compromise, I kind of want Samsung to go on the offensive in terms of the look and feel of the apple products... If they could somehow force apple to be locked in on certain design elements, it would force apple to remain designing the same devices over and over (as they do now) with no significant changes.. Size, shape, bezel ratio, all that could be brought up and if Samsung conceded only on future products that they wouldn't infringe on specific designs if apple stayed with them, that'd be quite a win. I don't see that happening, and it's definitely wishful thinking on my part, but hey, I can dream

6. taco50

Posts: 5506; Member since: Oct 08, 2009

This makes no sense. Why wouldn't Apple be able to change their design? On the flip side we now see what Samsung phones look like when they don't copy Apple. The SIII is hideous.

9. networkdood

Posts: 6330; Member since: Mar 31, 2010

the S3 phone looks a lot like the S2 phone - the big difference is the siding - looks nicer on the S3. I actually like the way the Galaxy Note looks over most phones. If you look at the captivate, that was really a different design for a phone, and AT&T still sells it, too.

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