Google reacts to Apple's US patent victory over Samsung

Samsung Galaxy S, Samsung Galaxy S2 and Apple iPhone 3G Samsung's Galaxy S and Galaxy S2 were found to have infringed patents used in Apple's iPhone

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Google has said that it does not want the ruling in the Apple-Samsung patent lawsuit to "limit" consumers' access to Android devices.

A US jury ordered Samsung to pay Apple over $1bn (£664m) on Friday after ruling it had infringed several of the iPhone maker's software and design innovations.

Samsung said it intended to appeal.

There has been speculation that the news could encourage handset makers to install the rival Windows Phone system.

Google released its statement late on Sunday in the US.

"The court of appeals will review both infringement and the validity of the patent claims," it said.

"Most of these don't relate to the core Android operating system, and several are being re-examined by the US Patent Office.

"The mobile industry is moving fast and all players - including newcomers - are building upon ideas that have been around for decades. We continue to work with our partners to give consumers innovative and affordable products, and we don't want anything to limit that."

Apple v Android

Apple has indicated it will seek sales bans on eight of the phones at the heart of the lawsuit at a hearing on 20 September.

The models include the Galaxy S 4G, Galaxy S2 AT&T model, Galaxy S2 Skyrocket, Galaxy S2 T-Mobile model, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.

The list does not include Samsung's current flagship handset, the Galaxy S3, which was not involved in the case.

However, Apple could now also try to use the verdict to try to halt sales of other Android-based models it believes infringe its patents.

There has been speculation this could work to Microsoft's advantage.

Samsung Galaxy Nexus S The jury said the Google-branded Nexus S did not infringe the pinch-to-zoom patent, but did infringe a bounce-back scrolling feature

During the patents court case Apple revealed it had licensed some of its technologies to Microsoft. Its lawyers also showed pictures of Nokia's Lumia - which runs Windows Phone 7 - as an example of a handset that looked distinctive from its own.

In contrast, Apple continues to be involved in lawsuits against two other Android-handset makers: Motorola - which is owned by Google - and HTC.

Microsoft's opportunity

Following the Samsung verdict, Bill Cox, marketing director for Microsoft's Windows Phone Division tweeted: "Windows Phone is looking gooooood right now."

Dell, HTC, Samsung, LG and ZTE have already created Windows Phone 7 devices, but only Nokia has concentrated its efforts on the system.

One analyst said that the US ruling presented Microsoft with an opportunity to convince others to put their weight behind the next version of its mobile system.

"I think this will force a reset on Android products as they are re-engineered to get around Apple's patents," said Rob Enderle, principal analyst at the tech consultancy Enderle Group.

"[It should also] provide a stronger opportunity for both of Microsoft's new platforms - Windows 8 and Windows Phone 8 - because they come with indemnification against Apple, suddenly making them far safer."

However, manufacturers will have to weigh up Android's popularity before making a move.


According to recent data from analysts at IDC, Android had a 68.1% of the global smartphone market between April and June. Apple's iOS had 16.9% and Windows Phone/Windows Mobile had 5.4%. The data was based on shipments rather than sales.

In case Apple's patents hold up under appeal, Google could recode Android to ensure there was no potential infringement, or handset makers could seek to pay their rival a licence fee.

And there is another alternative: Apple could ultimately seek a patent cross-licensing deal with Google despite its late chief executive Steve Jobs' vow to "destroy Android".

Nokia Lumia 800, ZTE Tania, HTC Titan, Samsung Focus 8 Nokia, ZTE, HTC and Samsung are among the firms to have already released Windows Phone 7-based devices

Part-way through the Samsung case, Google filed its first lawsuit versus Apple since taking over Motorola. It alleged seven patent infringements, one of which involves the technology used in the iPhone's Siri voice-activated search tool.

Were Google to succeed it could call for a import ban on Apple's iOS products, potentially forcing its rival into a deal.

The case is driving share prices in related technology stocks.

Samsung's shares fell 7.5% in Seoul on Monday - their biggest drop since October 2008, wiping about $12bn off the companies value.

Nokia's shares closed 7.7% higher on the Helsinki Stock Exchange.

In New York, Apple's stock rose 1.88% to $675.68, Microsoft's about 0.4% up and Google's was down by 1.4%.


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  • rate this

    Comment number 449.

    IP is a nonsense. It must be ended. You invent/create anything it belongs to humanity not lawyers and rights 'owners'.

  • rate this

    Comment number 448.

    A Californian court would also find Alexander Bell guilty of stealing Apple's ideas. I'd like to know when this behomoth is going to be broken up.

  • rate this

    Comment number 447.


    "It would have been a different result in Korea."

    It was a different result in Korea, and the British courts threw it out, they wouldn't even hear it! I think Germany and Australia have gone the US way. Not sure about other countries and what they've decided.

  • rate this

    Comment number 446.

    The iPhone is a nice product, but that doesn't mean that others shouldn't be allowed into the marketplace. The UK has the Competition Commission to prevent companies like Apple attempting a monopoly.

  • rate this

    Comment number 445.

    The main reason for this ruling has probably been lost. It was a US company vs a Korean company tried in the US with an American jury. I am not bashing America. It would have been a different result in Korea.

  • rate this

    Comment number 444.

    I'd love to see Apple take on China and it's very own contracted factories that churn out thousands of eye-phones and see how far they get. The only difference...the button at the top of the phone is disabled.

    Apple's being pathetic and they aren't exactly innovators themselves. They just improve existing technologies just like everyone else.

  • rate this

    Comment number 443.

    Taking forward the analogy that you are attempting to make, I think Apple would be sued for attempting to fool the world into believing that they invented the smartphone. There were plenty before it. Apple just made the first one to catch on.

  • rate this

    Comment number 442.

    Let's hope Apple don't patent the word 'apple', then we will have problems!

  • rate this

    Comment number 441.

    >430. Stephen of Woking
    >This is a mere hiccup for Samsung.

    You know, I'm not even sure it's that.

    Apple has badly tarnished its image with this case.

    Add that to its exploitative sweat-shop labour, the way that its fashion-centred image is starting to feel like yesterday's news and its lack of interesting products for a while and I think it's done long-term good for alternative brands.

  • rate this

    Comment number 440.

    Drinking my cup of Cost coffee, I noticed that on the cardboard sleeve wrapped around the paper cup it announced "worldwide patents applied for". How on earth?

  • rate this

    Comment number 439.

    Apple were the cool company that had hooked lots of people on their iPods, so had a fan base from which to launch the next product. Well done Apple for creating and marketing a nice polished product. It wasn't the first smartphone though, which many people seem to think it was. Samsung are now actually making screens bigger and processors faster. It's called competition Apple!

  • rate this

    Comment number 438.

    Apple could easily have avoided these Apple Vs Android patent battles if they simply talked to Samsung, HTC and Google offering licence deals or even mutual technology exchanges, instead Apple wants to sue and get rival devices banned from being imported into the USA. Apple didn't invent any of things that make up the iPhone, all they did was package it nicely in a black and white box!

  • rate this

    Comment number 437.


    "Don't be too down I'm sure something good for Samsung will come of this... like designing their own product."

    Like what? A phone that is a rectangle without curved corners and a button on the side instead of the bottom?

  • rate this

    Comment number 436.

    Seems to be a lot of disgruntled fandriods here. Don't be too down I'm sure something good for Samsung will come of this... like designing their own product.

  • rate this

    Comment number 435.

    Pretty pathetic this 'destroy andriod' rubbish of Jobs' - let the market decide! Why can't a choice of systems exist? Consumers can get to choose what they prefer. As for the patent row, just handbags at dawn by a bunch of suits on behalf of a bunch of beards. Pfft!

  • rate this

    Comment number 434.

    So, an American court found in favour of an American company. How bizarre!

  • rate this

    Comment number 433.

    @426 Nick

    The idea behind academia is that you build upon existing knowledge. If you were to just outright copy it it would be classed as plagiarism and would end your academic career. That said, if you were to build only slightly upon it you would be OK: you have still contributed to the body of knowledge. It's this body of knowledge that Newton refers to when he speaks of giant's shoulders

  • rate this

    Comment number 432.

    All this talk of "innovation" technology is not like that it is iterative you have to build on what comes before and others ideas this is not even about innovation anyway its about the look and design and ultimately you are constrained by what people like and you cannot innovate peoples tastes.

  • rate this

    Comment number 431.

    >426. Nick
    >My friend has recently completed
    >I have... read... understand it
    >as ... given the time could have written it, I shall submit [it] as my own.

    >What do we think would happen in this instance?

    Pretty much what Apple's done for last 20 years. You'd probably get away with it and rip off the punters, as they have.
    Would you likewise have the cheek to charge way over the odds?

  • rate this

    Comment number 430.

    The Apple claim on their phone shape is trivial as shapes are a matter of fashion and fashions moves on. For the other Apple patents there are workarounds for the Android world. They may not be as good but that is the stuff of patents. Samsung is the more technically inventive company with the skill to out invent Apple in other features eg mobile/TV links. This is a mere hiccup for Samsung.


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