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Apple dispute with Samsung could wreak havoc on smartphone and tablet market

There is still a lot of wood to burn this dispute …. some will lose … and what will be the consequence for users?

The US smartphone and tablet market could change profoundly after the ruling Samsung and Apple lawsuit is set to leave in the coming days. The two companies exchange mutual patent infringement charges, seek damages and a possible embargo on handset sales. Also complicating the picture is the fact that Samsung is a major supplier of components for Apple devices.

The lawsuit was taken by Apple in April this year, which sued the South Korean company for infringement of patents related to the operation and design of the iPhone and iPad. Samsung then sued Apple for patent infringement related to mobile communications operations.

Giants Arm Break

For Andr Ferreira de Oliveira, patent attorney and partner at Daniel Advogados, the impact of the decision goes far beyond financial values. If given the victory Apple, there will be a judicial finding that there was a kind of unfair competition. Already Samsung's victory is like a seal so that other companies can follow a similar line, opening the market a little more, said the lawyer.

During the trial, which began on July 31, the two companies had to reveal some of their secrets and were called to stand by Scott Forstall (Apple's iOS executive), Phil Schiller (Apple's chief executive). Christopher Stringer (Apple designer 17 years old) and Jeeyuen Wang (Samsung designer).

The patents involved

In the United States, there are two types of patents: the service patent (which protects the operation or shape of an item used in addition to methods of making something) and the design patent (which protects the appearance of an item) . The case involves nine service and four design patents, according to juza Lucy Koh, revealed in a document sent to jurors.

Apple accuses Samsung of infringing seven patents, see:

Patent Number and Type

Description

7,469,381 (of service)

Related to how the iPhone or iPad touch interface detects user gestures and interprets them to enlarge an image, rotate something on the screen, or swipe the contact list, for example.

7,844,915 (of service)

Related to a technology that allows the user to navigate between documents in a touch-sensitive interface.

7,864,163 (of service)

Related to touch screen functions, such as zooming touch and other screen navigation functions.

D618,677 (design), D593,087 (design) and D504,889 (design)

Related to the decorative design of an electronic device that appears to be an old model of the iPhone.

D604.305 (design)

Related graphic interface displayed on screen.

J Samsung accuses Apple of infringing the following patents:

Patent Number and Type

Description

7,675,941 (service) and 7,447,516 (service)

Cover related technologies related to 3G network.

7,698,711 (of service)

Covers technology related to playing MP3 music on mobile devices.

7,577,460 (of service)

Technology that describes a communication terminal that functions as a portable telephone and a camera that can send, receive and display images.

7,456,893 (service)

This relates to a method of controlling an apparatus that processes digital images and stores the photo on a recording medium. The patent also refers to a technology that reproduces files stored on a recording medium.

It also involves two other factors: trade dress infringement and antitrust settlement infringement.

"Trade dress" is a detail or design of a product that has no function but differentiates it from the competition and indicates its origin, according to juza Lucy Koh. Apple says Samsung did not respect its trade dress 3,470,983 (related to the overall design of the iPhone), as well as three other unregistered trade dresses on the iPhone and iPad.

According to specialized publications, nearly 80 lawyers have been registered to go to court, most of them representing Samsung or Apple. Also present are lawyers from companies that contract with both manufacturers as they try to prevent details of confidential contracts from being made public.

Apple has already announced that it wants at least $ 2.5 billion in damages from Samsung in addition to prohibiting the sale of patent infringing products, which involves smartphones and tablets. Samsung also asks for money ($ 421.8 million in copyright, according to Samsung's own witnesses).

After the decision is announced, both sides are expected to bring appeals.

And which side are you on?

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