Apple co-founder Steve Jobs (Steve Jobs) before he died once made a famous speech, he have vowed to Google Android smart phone launched a "thermonuclear war", the reason is the other party had plagiarized the iPhone technology.
Now, he started the laws of war has access to the third year, but Android has not been destroyed.
Instead, it has evolved into a costly attrition fight. In YiQiQi involving dozens of patent lawsuit, apple has little have gained ground, forcing his opponent to remove a small function, so as to temporarily forced back by the other party. But apple also lost a few court battles, and forced to product change.
In the United States is in the case--in two together MOTOROLA (the Po) mobile, in addition to with samsung (the Po)--are likely to form one more heavy blow. The two lawsuits involve smartphone and tablet computer core technology of the legal rights and interests, and no matter which side failure, will face a huge loss and high costs, and is likely to conduction to terminal consumer there, lead to prices.
More than science and technology and legal analysts think, if apple wins, Android manufacturers must the product is important changes, or pay a huge sum to apple patent fees, in order to continue to use related technology. However, apple opponent has said that the iPhone and iPad manufacturers as it is possible by other company's infringement charges. MOTOROLA mobile and samsung are already counterclaims apple.
Comprehensive war
The judge in January this year the MOTOROLA mobile the hearing of the case that, no matter how the trial results, any one party can win. According to written records, the Chicago circuit court judge Richard Posner (Richard Posner) was apple lawyers said: "you can't destroy other smart phones, they also cannot destroy the iPhone."
Apple declined to discuss the patent strategy, but the company had said, rival "wholesale" copied from the iPhone and iPad.
The company in the U.S. smartphone market share than any of its rivals, this is due to the success of the iPhone 4 S. However, from the whole world, Android sales of more than apple but equipment. According to the market research firm IDC data, Android a global market share of close to 50%, and apple iOS system of 2011 share only 19%.
Apple launched in March 2010 for Android global patent war, this company to the United States in federal court in Delaware at that time and the us federal trade commission (hereinafter referred to as "ITC") filed a lawsuit, charged with mobile phone manufacturer HTC (the Po) infringement. Apple and in October of prosecution MOTOROLA mobile, in April 2011 after the patent war broke out and samsung.
Apple sued HTC in the week, what jobs to biographer Walter ai Saxon (Walter Isaacson) says he will use apple was $40 billion cash reserves of the "every penny" strike Android. "I will destroy Android, because this is stolen products." Steve jobs said, "I want to launch a thermonuclear war."
Early results
Today, apple's cash reserves have risen to nearly 100 billion us dollars, and Steve jobs successor Tim Cook (Tim Cook) also announced Monday, will through the dividends and buy back shares way will fund the return to investors.
Google free to intelligent mobile phone manufacturer provides Android system, but because the phone is not independent production, so the company was not directly involved in the lawsuit. But, after finishing the MOTOROLA mobile takeover, things will change.
Apple has now won a small victory scale, for example, the German court has because "slide to unlock" function and to MOTOROLA mobile issued the injunction. This is the iPhone a sign sexual function, make users need not press too much button unlock the phone.
MOTOROLA mobile says, is for the function deployment of the new design, and released last month the ban will not to the current supply or future sales have an impact.
On the apple's another victories, because German court last September ruled that apple won, the samsung Galaxy Tab was forced to adjust the the metal frame. But samsung spokesman Kevin gold (Kevin Kim), said the company believes, the case will not affect the samsung for users provide mobile product ability.
However, apple also forced to adjust some function. In "slide to unlock" case after losing, MOTOROLA mobile soon and the other a lawsuit in Germany beat apple, Sue goal is iCloud electronic mail delivery function.
Electronic mail delivery is a widely used technique, can be in new information received, through the smartphone and tablet computer users to automatically send remind. Apple says, the German court ban will not produce too big effect, the user can set, to each lead a period of time be charged new mail.
California Santa Clara patent lawyers colin money (Colleen Chien) think, when science and technology company patent litigation and forced to adjust because when the product, might annoy users, eventually lead to change their product.
Chicago matchups
Apple in the United States for MOTOROLA mobile launched the most important a lawsuit, will be in June of this year by posner judges, there are six patents. Posner trial in intellectual property litigation is famous for his work etc. Body, one of the books is devoted discusses intellectual property law economic problems.
The jury how to define the apple patent shall be the language, is a critical step in patent litigation. And in the case of trial posner, apple has in this respect preemptive opportunities. For example, he adopted the apple on the definition of a patent, the patent covers the Skype and other media streaming video application in the smart phone operation mode.
Designed for institutional investors provide consulting service of American lawyer Nick rodriguez (Nick Rodelli) says that such patent involve smartphone core functions, therefore, if apple wins, it will force a MOTOROLA mobile modify complex technology, or directly cancel the corresponding function.
Apple in litigation document says winning the core patent lawsuits means that Android will carry on "substantial change", MOTOROLA will have hundreds of millions of dollars from the cost of tens of millions of even. "They discussing." Rodriguez said.
MOTOROLA mobile also accused apple infringed its three and wireless data transmission technology the relevant patents. The lawsuit also will be in June of this year by posner trial.
"We 10 years ago the technology development and apply for a patent, and the invention of the apple announced that time is in five years." MOTOROLA mobile's intellectual property law consultant Neil Taylor (Neill Taylor) said.
Taylor added, because the iPhone sales huge, so if MOTOROLA mobile wins, apple will face greater loss.
Posner in January on hearing, said to get compensation, apple and MOTOROLA mobile must prove their patent function of cell phone sales influence.
Against samsung
In another American federal court accepts the case, apple and samsung Galaxy is because smartphone and tablet computer series on the struggle, these devices also USES the Android operating system.
The case will be held on June the California court in SAN jose, by the United States district court judge Lucy Koch (Lucy Koh) trial. She dismissed the application for apple's last year, Christmas shopping season refuse to samsung smart phones--during and tablet computer. Apple still hope to apply for banning, now is the judgment of Koch appeal.
Apple also in California court for samsung launched a series of new lawsuit, the samsung has also counterclaims. The two companies also will attend ITC in July at the hearings, the case is also related to a number of apple patent. For example, one covers the touch screen equipment how to identify people fingers, and makes the corresponding response.
For the hedge funds provide consulting service of American intellectual property lawyer David mulberry plug (David Sunshine) said, these patents related to the core of the equipment operation mode, if apple wins, samsung will be huge losses.
"They have yet to win," he said, "but had gained some victory, they look forward to this important victory.
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