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Apple's big enemy in smartphone wars [Financial Mirror (Cyprus)]
[June 13, 2012]

Apple's big enemy in smartphone wars [Financial Mirror (Cyprus)]


(Financial Mirror (Cyprus) Via Acquire Media NewsEdge) Apple Inc has spent nearly three years fighting its rivals in a global smartphone patent war. Now, setbacks in two key U.S. court cases are laying bare why a drawn-out battle could be bad news for the iPhone maker. Last Thursday, Judge Richard Posner in Chicago federal court canceled Apple's long-awaited trial against Google Inc's Motorola Mobility division, which makes devices powered by the Internet search company's Android mobile operating system. The trial had been set to start this week.



Then in an order late on Monday, U.S. District Judge Lucy Koh in San Jose, California, effectively dashed Apple's hopes of stopping the launch of Samsung Electronics Co Ltd's new Galaxy S III smartphone, which also runs on Android. Koh had said Apple's push to get a court order blocking the June 21 launch would overload her calendar, given Apple's high-stakes trial over other Samsung devices set for July that she is overseeing.

The latest decisions don't doom Apple's courtroom efforts - the company can appeal Posner's ruling, while Koh's directive had nothing to do with the merits of the Samsung case about to go to trial, or the legal arguments for an injunction on the new Samsung smartphone. But delays in moving its cases through the courts is a blow to Apple's efforts to get quick and favorable rulings that it hopes would give it an edge in the marketplace for mobile devices.


Apple has waged the international patent war since 2010, part of its attempt to limit growth of Android, which last year established its dominance as the world's best-selling mobile operating platform. Apple's opponents, meanwhile, say the iPhone maker is trying to use patents to avoid competing solely in the market.

A clear victory in one of the U.S. legal cases could strengthen Apple's hand in negotiating cross-licensing deals outside court, where companies agree to let each other use their patented technologies.

"The stalemate is much more of a victory for the accused infringers than it is for Apple," said Brian Love, a professor at Stanford Law School who studies patent litigation.

Apple spokeswoman Kristin Huguet reiterated a previous statement, saying the blatant copying of its devices was wrong. Google spokesman Jim Prosser said the rise of patent litigation is due to too many vague software patents, and that Google's success makes it an attractive target. A Samsung representative declined to comment.

Apple is not the only smartphone combatant that has faced setbacks in litigation over its technology. Last month, Oracle Corp came up empty in a trial against Google, a case where Oracle's damages estimates ranged up to $6 billion.

(c) 2012 Financial Mirror. All right reserved. Provided by Syndigate.info an Albawaba.com company

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