In a perfect world made by Samsung, the latest in the trial against Apple would never have happened. That is to say, the latest accusations by ETSI (European Telecommunications Standards Institute) would be a non-issue. However, in the real world, Apple now figuratively has Samsung by the throat and is wringing the last signs of life from Sammy’s prospect of a hard-fought win.
The testimony of Dr. Michael Walker — who served as ETSI’s chairman of the board between 2008 through 2011 –boldly stated that Samsung, in all of its “frivolous glory”, never disclosed two of its patents to ETSI. These are the same two patents, Walker claims, that are being used against Apple in the patent rights showdown. ”If you believe it’s going to be adopted, you should disclose that to ETSI,” Walker said.
Samsung’s reply was that the patents and the according technology were confidential and if ETSI wanted the company to file an action on the disclosure, it should have asked. In short, Samsung asserted retroactive court action is a weaksauce move.
To prove his point, Dr. Walker rebutted:
“Companies with intellectual property that might go into a standard need to alert the others in the group who could one day have to pay royalties on the technology.”
Here Walker is directly saying Samsung approached a basic fact as a legal nuance, tossed it aside as no big deal, and in doing so, missed the boat on potential royalties. Talk about adding insult to injury.
The case is coming to a short close, with Apple continuing to hammer on Samsung over the last two days with claims that the patents it holds are invalid. Samsung has a few hours left next week to make closing arguments. But if today was any indicator, the last few hours may be spent crying into a pitcher of Hite and reminiscing of the good old days of their kingly reign over the realm.
Is it time to start calling a winner? Is the best yet to come in this epic saga between the titans? Sound off in the comments below!