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8221; patent at the end, other Apple lawsuits have, and you can bet that Android manufacturers are going to try to avoid any gesture or soft ...
If you're just checking into Apple v. Samsung...too bad.
Too often patent disputes are mired in arcane legal arguments and mind-numbing technical detail.
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This case, however, is as good a courtroom drama as Silicon Valley has to offer. We've seen lawyers snapping at the judge. One of Samsung's lawyers literally begged the court to reverse a ruling. A steady stream of juicy trade secrets has flowed out of both companies in the form of courtroom exhibits. And somewhere just off stage waits a third powerful player.
CNET broke the news last week that Google, the company that isn't a party to the suit but has plenty at stake, is lending aid to Samsung as well as other Android partners that Apple has named in similar patent suits.
Trust us, there's still plenty of action left. Here are some key facts to help you stay on top of it all.
How did this start?: You can trace the clash back to January 9, 2007. That's when the iPhone debuted. Apple said in a lawsuit the company filed against Samsung in April 2011 that within a couple of years of releasing the iPhone, Samsung created iPhone clones that ripped off Apple's technology and designs. Apple claimed that Samsung did the same thing after the iPad came out. Samsung responded by counter-suing Apple for patent infringement.
What's at stake?: Apple wants $2.5 billion if it wins. Samsung is also seeking monetary damages. What this case is really about is stopping Google and the company's Android operating system. Steve Jobs, the late Apple co-founder and CEO, said before dying last October that he wanted to destroy Android because he considered it a "wholesale" ripoff of the iPhone.
If Apple wins, the company's lawyers will first be able to force Samsung to stop shipping some of its handsets and computer tablets in the United States but more importantly, Apple will have a nice precedent with which to attack HTC and other companies that use Android. If Apple loses, then the decision will obviously work against Apple's larger anti-Android strategy.
April 15, 2011 Apple files suit against Samsung, asserting patent and trade-dress claims.
June 30, 2011 Samsung files counterclaims against Apple. In response to Samsung's infringement claims related to its standards patents, Apple asserts counterclaims of license exhaustion and FRAND/antitrust violations.
July 1, 2011 Apple files a motion for preliminary injunction against the Galaxy S 4G, Infuse 4G, and Droid Charge smartphones, and the Galaxy Tab 10.1 tablet, which was denied on December 2, 2011.
June 26, 2012 Apple appeals the denial of preliminary injunction to the Federal Circuit, which affirms on all counts except the D'889 design patent, which claims the design of a tablet computer. On this day, the court enters preliminary injunction against the Galaxy Tab 10.1 tablet based on the D'889 patent.
July 31, 2012 Opening arguments in the trial begin.
Has Apple landed any punches?: Apple seems to have the edge when it comes to which side the court favors. In June, the presiding judge in the case granted preliminary injunctions against Samsung's Galaxy Tab 10.1 tablet. In addition, Samsung has received four sanctions mostly related to failure to turn over evidence.
Some of the more compelling evidence that Apple has shown to the jury includes side-by-side comparisons of the two company's icons and graphics. Apple has also presented internal e-mails and documents that show Samsung closely studied the iPhone and knew that its own handsets were inferior to Apple's. Apple argues these documents prove Samsung was trying to mimic the iPhone.
Has Samsung bloodied Apple's nose?: In many people's eyes, Apple is choosing to litigate instead of compete and that has many people cheering for Samsung. Samsung polled Best Buy managers and reported back that customers most often returned the company's tablet because of a glitch, not because they had believed they were buying an iPad, as Apple had asserted. Up to now, Apple has been presenting its case but this week Samsung takes its turn.
Who is the judge?: Lucy Koh, a U.S. District Judge for the Northern District of California. She has been a federal judge since June 2010. When granting the preliminary injunction against Samsung's Galaxy Tab 10.1, Koh said: "Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products."
How long will it last?: The trial began on July 30 is scheduled to conclude by August 24. This week (week of August 13) is the only one where proceedings will occur Monday through Friday. The schedule for the rest is Monday, Tuesday and Friday. Court starts at 9 a.m. and ends at 4:30 p.m.
Where can I get the best info on this?: I'm glad you asked. CNET is covering the case gavel to gavel. Our Josh Lowensohn is in the courtroom and posting to Twitter and numerous stories. All our coverage can be found here.
In addition, Allthingsd, The Verge and Foss Patents are pulling out the stops to cover the case as well.
Where is the trial held?: Robert Peckham U.S. Courthouse and Federal Building in San Jose, Calif.
Apple's patent claims Utility patents:
381 patent: Relates to the "bounce-back" feature when scrolling beyond the edge of a photo or document. 915 patent: Relates to a device capable of distinguishing between a single-touch scroll operation and a multi-touch "pinch-to-zoom" operation. 163 patent: Relates to touch to double-tapping to enlarge and center portions of an electronic document.
Design patents:
D 677 patent and D'087 patent: Relates to the front face of an electronic device, as embodied by the iPhone. D'305 patent: Relates to a user-interface design depicting a grid of rounded square icons against a black background. D'889 patent: Relates to the industrial design of a tablet computer.
Trade Dress
Dilution: Apple asserts that Samsung's smartphones dilute its iPhone trade dresses (one registered, two unregistered), and that the Galaxy Tab 10.1 dilutes its unregistered iPad and iPad 2 trade dresses. Infringement: Apple alleges that the Galaxy Tab 10.1 infringes its unregistered iPad and iPad 2 trade dresses. Antitrust: Apple alleges that Samsung's assertion of patents that are essential to 3G standards constitutes a violation of federal and California antitrust law.
516 patent: Directed to scaling down the transmit power of certain radio broadcast channels before other channels, to give priority to the most important data channels. 941 patent: Describes a more efficient use of radio resources by reducing overheard associated with transmitting a particular type of data unit.
Features patents:
711 patent: Allows users to play music while the user multi-tasks and accesses other programs and menus. 460 patent: Allows a user to take a picture on a phone/tab, immediately review the picture in a gallery mode, and then seamlessly email it along with a message. 893 patent: Allows a user of a phone/tab to browse pictures in the gallery, switch to the camera mode, take a picture, and then switch back to the last picture viewed in the gallery.