Apple’s recent victory in the celebrated patent trial that has pitted the Cupertino company with South Korea’s Samsung, which has resulted in a fine of one billion dollars and that could mean a ban on selling up to eight terminals in the territory of the Asian colossus U.S. has hardly been a surprise to anyone.
Although there is still a long way from the appeals so we can see the end result of all this history is good dificl take for the jury. First, because the sentence is imposed in a federal court in San Francico that is, less than an hour away from the headquarters of Apple. 52 minutes by car, according to Google Maps.
It was evident during jury selection, the difficulty of finding people without a direct family relationship with the company on the block. In fact, Samsung’s lawyers had to settle for what they could, but the complexity of the case is difficult to imagine that the representatives of South Korean group could find jurors with sufficient knowledge to understand the topics discussed in the room and at the same time, they felt no sympathy for the company over the block, a legitimate pride for both the region and the country.
In fact, Apple’s lawyers were playing with marked cards.
In the Liga was controversial, last season, the performance of referee Clos Gomez Aragon in a match in which Real Madrid beat Granada, contributing to the salvation of Zaragoza. The case of Apple vs. Samsung is even more burdensome. ‘s the equivalent of Clos Gomez himself had called the end of the Spain-Italy that gave La Roja the last European Championship finals.
He has not missed who has argued that, by its Asian, Judge Lucy Koh, a former patent attorney, could be a neutral choice. But it seems like something an argument not only racist but rather weak, if we consider that Koh, precisely, has been a scourge for Samsung and the initial charge of the ban on selling the Galaxy Tab 10.1 in the U.S.. In his defense it must be said that not only had precarious means to take the immense workload that generated the demand, which led him to sometimes lose patience with the legions of lawyers who took Apple and Samsung, but also that had the will, until the last moment, to get the parties to reach an agreement.
But what kind of deal could want Apple? The Cupertino company, which is already one of the most successful listed companies of all time, keeps the wishes of his late founder and spiritual leader, Steve Jobs, to end the Google Android operating system, and that means attack justice all those manufacturers who sell these devices. Peaceful agreement does not fit the casus belli flying Apple, convinced in his heart having been plagiarized.
However, just take a look at the judgment to realize that jurors in the case, even though in some cases engineers talk about their own patents, were hardly prepared to take the huge volume of documents submitted by the parties.One juror was bike dealer and another was engaged in the construction. If journalists who spent years covering the sector we find a complex issue to exhaustion, it is quite possible that the jury, even more. ‘s not unlikely that, in the end, despite all their good intentions, these Twelve Angry Men are limited to judge based on the most superficial: the images presented by Apple that show apparent similarity between their products and those of the South Korean giant.
It has all the logic. Even some speak Spanish media that is “obvious” that Samsung has copied Apple. The pictures do not lie. There is a clear similarity between the products of Samsung and Apple. At trial evidence was provided in which it was clear that “resemble the iPhone” was one of the objectives of Samsung. Among the patents infringed by jury Samsung are some related technology, such as the ability to zoom in or out the photos “clicking” on the screens (which, incidentally, used throughout the industry). But most are related to design. There are devices whose front resembles the iPhone, in other cases resembles the back, and in the judgment is also given for good Samsung copied directly across the exterior design of the iPad . If we look only at the pictures, and not to other issues, such as differences in quality of materials or the aspect ratio, you might think that Apple has reason to be violated. Another company has successfully exploiting elements designed by her and they drove to success.
And this is where we enter a cumbersome point. Is aesthetic surface and never seemed complete enough to say that patents have been infringed? If so, Apple probably would have had to respond to another Korean company, LG, to design a terminal, the LG Prada, which clearly inspired the first iPhones and, even more, the following. However, for any user is noteworthy that the similarities between Prada and the iPhone just in the most superficial, just as the similarities between the products of Samsung and Apple, whatever it says the jury.
We live in a diarchy smartphone. Leaders are companies facing. The American won his position through its innovative capacity. The Korean won hers through the clear conviction that Apple had changed forever the smartphone, and bringing to the masses a technology that Apple only sells the elites. In fact, the similarities with Daimler and Ford were pretty obvious, except that Ford never had to pay a sum of billion dollar Daimler for doing something as simple as applying common sense. While rivals such as Nokia, got stuck in the defense of their own proposals, Samsung had waist enough to give the public what it wanted. And let no one think that he did immediately.
Apple took almost three years of command in place and without any rival who reached the soles of shoes. The first phone that was slightly up the HTC Desire was announced in 2010. The more headaches that gave Apple was the Samsung Galaxy SII, a bestseller announced in February 2011. The first iPhone is 2007.
The iPhone was the device that changed the mobile phone market. Set a standard and now all phones grandchildren. Samsung used a totally different technology and a different materials to create a phone that look like what people have shown that it wants, and offers a different user experience, which is better for certain things and worse for others.
An American journalist once said that saying that Samsung was copying them, Apple was acknowledging explicitly that the experience of having a product in the hands of South Korea and one from the U.S. is identical. And it is not.The most ardent Apple fans would constantly remind the rest of the world. The experience is so different as to be a member of Real Madrid or Barcelona. Both play football, but the differences are obvious and both are winners. The Google Android operating system and Apple’s iOS are as different as apples and oranges can be, if the reader will excuse the joke. The court and jury the bike dealer, neighbors on the block, have condemned Samsung for having understood, better than anyone, that the future was in the fruit.