California Intellectual Property Blog


Apple and Samsung are Back at it in Patent Battle

Intellectual Property Infringement San Diego – The nation’s two top mobile device makers will head back to court next month to duke it out yet again.  This trial, the third between the big name rivals, will start March 31st and will cover five patents and a total of twenty devices that the companies respectively claim are infringing.   The setting is familiar for both companies, as it will take place in the same courthouse and will be heard by the same judge as the last two trials.

According to several reports, Apple CEO Tim Cook and Samsung Co-CEO JK Shin attempted to resolve the dispute informally through mediation talks.  It appears that those negotiations have failed, however, as a Korean newspaper recently reported that Shin is back in Korea and has stated that he has no plans to return to the United States before the February 19th deadline for settlement talks.  This comes as little surprise, as both have remained stern in their positions against one another.  It also mirrors the situation that occurred in 2012 as the two met to try to resolve the last dispute before ultimately going to trial, where a jury ended up awarding $1 billion to Apple for patent infringement damages.

With a bitter feeling left over from 2012,  Samsung is alleging this time that Apple has infringed its patents with its iPhone 4, iPhone 4S, iPhone 5, iPad 2, iPad 3, iPad 4, iPad Mini, iPod Touch (5th generation), iPod Touch (4th generation) and MacBook Pro.  Apple, on the other hand, claims that Samsung’s Admire, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S 2 Skyrocket, Galaxy S3, Galaxy Tab 2 10.1 and Stratosphere are all infringing its own patents.

Depending on the result of the trial, either company could face serious problems if forced to pull products off shelves due to an injunction.  Given that many of the devices that Samsung has taken issue with are somewhat new rereleases, Apple could stand to lose more than Samsung with a loss.  Regardless, it is evident that the war between these two is far from over.


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