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 429.


    "What do we think would happen in this instance?"

    If you were ever found out you would be accused of academic impropriety which is slightly different from what's going on here, I think the equivalent would be you writing a paper on the same subject and then accusing her of copying you becuase she used the word "The" in her paper.

  • rate this

    Comment number 428.

    Thankfully Samsung have all the good fetures of an iphone and imagination, eg the use of SD cards and able to use USB port to transfer data via a stick etc. and allows the phone to fell like you own it, unlike the iphone that you always feel is on loan. All because with the iphone everything has to be done via itunes what a pallaver If you buy a 8gb iphone you can't boost memory your stuck with ii

  • rate this

    Comment number 427.

    The BBC have quoted Enderle as if he is a neutral third party consultant rather than a pro Microsoft advocate. I would recommend the BBC consult Robs Wikipedia page for example his lecture ""Free Software and the Idiots who Buy It". Hardly a ringing endorsement for Android. If the BBC want to provide an anti-android view they should present it as such.

  • rate this

    Comment number 426.

    My friend has recently completed a PhD in a field of study that interests me greatly. I have just spend the last few days reading her work, and understand it thoroughly having studied a similar subject to Masters level in the past.

    I think as I understand her work and given the time could have written it, I shall just submit her thesis as my own.

    What do we think would happen in this instance?

  • rate this

    Comment number 425.

    Apple pay 26% of the costs of an I[pad,pod,phone] on parts for samsung chips. They should ban apple products too if theyre going to ban samsung ones.

  • rate this

    Comment number 424.


    "if so why don't Samsung stop letting apple use thier chips and then there would be no iphone."

    There is probably some contractrual agreement that obliges Samsung with some serious consecquences if they don't. Otherise why would Apple feel comfortable suing their supplier?

  • rate this

    Comment number 423.

    I do not like the Iphone and prefer Samsung, Am I wrong but I understood that the chips used in the iphone are made by Samsung, if so why don't Samsung stop letting apple use thier chips and then there would be no iphone. Also Samsung have been making TV's with the rectangle screen with round corners for longer than iphone have been around

  • rate this

    Comment number 422.


    "What like a bank/credit card?"

    Ask Apple Inc, they're the experts on ludicrous patents. Here's the web page.

    In fact, I may ask myself. See if I can glean some info on how it's done.

  • rate this

    Comment number 421.

    The good old apple MAC was copied straight out of the Motorola data sheets, and its associated operating system was a direct rip off from Unix. Even their nice window based GUI was nicked from Xerox; what hypocrites Apple are.

    However, the Apple MAC sat well with the technically challenged, life style, arty farty, design numties.

  • rate this

    Comment number 420.

    I'm watching Avatar at the moment, there is all sorts of funky tech in that film that is not too far around the corner. Does this mean that Cameron should patent all of Avatar's content in order to stop Apple claiming that they invented it all?

  • rate this

    Comment number 419.

    I still can believe Apple tried to patent the double click to make a picture full size,

    err what about the double click to open which has been around for years, Apple used an existing idea and applied it to phones

  • rate this

    Comment number 418.

    Next Apple 'patent' the sun. So no going out during the day withot paying the 'good old USA'

    Typical of the Americans who obviously 'invented' everything, and own the world.

  • rate this

    Comment number 417.


    "This ruling is more about protectionism by the US"

    This ruling is what happens when you get a number of people to judicate on a case between a local company and a foreign one on roughly 400 points of infringement which most normal people apparently can't seem to get their heads around.

  • rate this

    Comment number 416.

    409. Golgotha

    "Call me naïve but i didn't know you could patent a rectangle"

    You can't, but apparently if it has round corners then you can.
    What like a bank/credit card?

  • rate this

    Comment number 415.

    So a rubbish company paying dodgy rates of pay to makes 'movable telphones' that barely makes telphone calls and everyone thinks they are wonderful. Sorry but my 8 year old Nokia does what I need and still has an 8 year old battery that outlasts a dummy phone - it makes and receives telphone calls. Have 'gives me the pip' company managed to pantent that feature?

  • rate this

    Comment number 414.

    This ruling is more about protectionism by the US

  • rate this

    Comment number 413.

    There isn't anything that Apple has invented that is worth writing home about; unless you belong to the "simple things please simple minds" brigade.

    Consider the really earth shattering inventions, such as: MRI scanner, the computer, the internet, world wide web, jet engine, transistor, nuclear power, genetic profiling, microprocessor-including ARM, RADAR and radio telecommunication. Enough said.

  • rate this

    Comment number 412.

    an apple can easily be 'crushed'....overpriced tat can only con the masses of i-lemmings for so long before they realise there are other products that do the same thing for a lot less!

  • rate this

    Comment number 411.

    What I find amusing is that with all these smartphones, people think they've got real choice -- but it's all an illusion, because they all do virtually the same thing, run on identical chipsets and have similar high resolution screens.

  • rate this

    Comment number 410.

    This is all very well, but what sits a little uneasily with me is the "level playing field". years ago the Post Office/early BT came up with the clickable URL (or hyperlink), when American companies started to use it and British Telecom went to court over copyright infingment it was thrown out as it was deemed a normal/common way to do things. A bit like a rectangular touch screen or swipe unlock?


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