Apple’s suit looks strong but Samsung win still possible

August 14, 2012
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Photo Credits: ABC Interactive

Apple rested its case against Samsung in the patent trial yesterday. Judge Koh then listened to a final argument from Samsung’s lawyers pushing for the case to be dismissed in its entirety. She agreed to kick out the Samsung Galaxy Ace and the international versions of the Samsung Galaxy S and S II from the trial. However, she decided that Apple had presented enough evidence to proceed with an infringement claim and seek a damages award from a jury.

The decision to drop the Ace and global versions of the Galaxy S and S II isn’t much of a victory for Samsung: the ruling doesn’t apply to the U.S. versions of the Galaxy S and S II. It will also be possible for Apple to bring a later case concerning the devices against Samsung USA’s parent company.

Now it’s Samsung’s turn

Now that Apple has been judged to have done enough to prove that infringement by Samsung occurred, it’s up to Samsung’s legal team to prove that the company did not infringe. Their main tactic in that regard will be to show that Apple’s designs weren’t new in the first place and suggest that Apple copied from others. They will also argue that Apple should never have been granted some of the patents they hold.

Samsung’s legal team kicked off yesterday with an argument about LaunchTile, which was designed to enable one-handed operation of a smartphone through zooming. It was originally designed for Pocket PC devices. This may invalidate patents that Apple was granted later because it could show that Apple’s inventions were not really new. They also presented evidence about DiamondTouch, which is an old multitouch tabletop computer. This shows prior use of single finger scrolling and a two-finger gesture for zooming.

The case will continue today and Apple is still seeking restitution of between $2.5 billion and $2.75 billion. Once Samsung has defended against Apple’s claims it will turn to the countersuit and focus on Apple infringement of Samsung patents. This one still has a long way to go, folks.

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