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August 27th, 2012, 12:31 GMT · By

This Is Why Apple Won't Be Suing Google Any Time Soon

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Apple and Google won't be facing off in court any time soon, at least not directly
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The Apple vs. Samsung battle has been in the spotlight for the past few days after Apple won a decisive victory on its home court. There are going to be appeals and the issues are far from clarified or over.

Still, people are wondering, what's next? Are other manufacturers in danger, are Google & co. going to mount a counterattack, or is Apple going after Google next?

The answer to the first is "yes, in the short term," to the second is "maybe" and to the third is "unlikely." As much as Apple can boast about how its victory is about the "values," it's really about competition. Samsung is Apple's biggest competitor at this point and anything Apple can do to hinder it is worth it.

What's more, Apple's "decisive" victory hasn't got as much to do with the solidity of its case than it has with the fact that Apple is Apple. It won because it was a jury trial. A jury trial in a court a few miles away from Apple's Cupertino headquarters.

The jury, like some jurors said after the fact, had made up their mind before the trial even began, Samsung was guilty. What's more, it needed to be taught a lesson and it needed to be held as an example to others. Hence the $1 billion damages.

That's why it only took a couple of days for the jury to decide on the 700 questions they were supposed to. And it's easy to understand why Apple won.

For one, all of the members of the jury are going to care more about Apple, an American company, than a South Korean one. They may even know people who work at Apple. Apple, in the eyes of the public, can do the wrong and is the underdog, despite being the single biggest corporation on the planet.

And Samsung quite clearly copied some elements from Apple, perhaps egregiously so. The jury's job wasn't only to determine whether Samsung copied some design elements, that was easy, but whether said copying was illegal. This is where things get tricky.

All the reasons why Apple won, for now, against Samsung are the exact same reasons why it can't win against Google. Google too is an American company. Despite some growing displeasure about its privacy practices, Google is loved by the public, though probably not as much as Apple.

What's more, it's going to be much harder to show that Google copied Apple. Google doesn't make any phones and Android is clearly different from iOS, or rather, it's different enough in the eyes of the regular people. A jury in a hypothetical Google vs. Apple lawsuit would not go in thinking that Google is guilty from the get go.

That said, the battle between Motorola, owned by Google, and Apple is going to be the interesting one. Motorola too is a US company, granted not as loved as Google or Apple. And its phones don't look anything like an iPhone, which is probably why they're not selling all that well, but that's another matter.


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READER COMMENTS:


Comment #1 by: ghodagadi on 27 Aug 2012, 13:54 UTC reply to this comment

No the jury did not say they made up their mind before the trial started, they said they knew after the first day based on the evidence that Apple presented. Not all jurors said that either, just one did. You reporting is skewed and it shows. Even if you are against the outcome, at least you should report accurately. Or if its your opinion at least base your statements on facts, not pure imagination.


Comment #2 by: ghodagadi on 27 Aug 2012, 13:58 UTC reply to this comment

The reason why this suit wasn't against Android was because it was really after trade dress (which Google isn't involved with) and against some elements of Samsung's UI (touchWiz), which once again has nothing to do with Android. Its not because its an American company or not an American company. Secondly patents are usually found to infringe at the point of implementation, i.e. Android is implemented by Samsung on its devices. This is also why for example, Samsung sued Apple for the 3G and wifi patents, because Apple implemented the chips that Intel sold to Apple. However unfortunately for Samsung, it had exhausted it patents with those patents with Intel and therefore the jury ruled against Apple. this was stated in Samsung's contract with Intel and by virtue of the receipts Apple produced showing it bought the wifi and 3G chips from Intel.


Comment #3 by: ICanReadYouKnow on 27 Aug 2012, 15:21 UTC reply to this comment

Sorry, but I just can't buy your logic here... if you start with the premise that the California court is biased because of proximity to Apple's Cupertino headquarters, wouldn't that still apply (to a lesser degree perhaps) to it still being biased if the next Google-Apple case were to be fought in the same venue? Granting your premise, why would it inhibit Apple from suing Google in the slightest?

More importantly, I'm not sure where you get the impression that the jury in the Samsung-Apple case had decided from the get-go that Samsung was guilty. The jury foreman's comments and those of the other juror who spoke out recently indicated that only AFTER deliberations began (i.e., AFTER Samsung and Apple had each presented evidence, shown expert witnesses, and exerted counter-claims and closing arguments) did the jury realize that they were all in agreement about how clearly Samsung had violated patents. It's easy to claim bias, but nothing I've read actually supports this or is anything other than someone's opinion--an opinion that is very unjustified and unfair, given the facts available. Please reread the statements of the jurors. You might want to link to them instead of to unrelated sets of other (poorly-supported) claims.

I personally think Apple and Google are more likely to settle after some initial court-based maneuvering. Google's been moving away from "Apple-ish" UI elements, and having seen the success of the UI-formerly-known-as-"Metro" from Microsoft, the era of outright copying is likely to be ending. Hopefully, we'll end up with lots of competitive innovations that are good enough to inspire equivalent work-arounds, but within devices that are evolving in their design directions. With Samsung's most excessive and blatant copying all from 2010-11, and the result of this case (if it stands), I think the competitive environment for smartphones and tablets will end up better for everyone. I guess we'll see.


Comment #4 by: Don108 on 27 Aug 2012, 15:33 UTC reply to this comment

This "story" is just a story and filled with misrepresentation. This was not about "competition" from Samsung, it was about Samsung stealing the design and functionality that Apple spent years and hundreds of million of dollars creating and testing. Further, the jury did NOT say they had "made up its mind before the trial even began" as you falsely claim. They stated they had made up their mind "after the first day of deliberation." You are spreading misinformation and should be ashamed!


Comment #5 by: Daniel on 27 Aug 2012, 17:08 UTC reply to this comment

Through the history of mankind, people have created ideas and invented something new. In ancient time, it took a long time to develope a new technology based on previous technology. But today the speed of technology development is very fast. Some companies study a new techonology and make a new different style of technology. Without making a new stuff based on an old stuff, the advance of techonology could not be achieved. The Apple vs. Samsung battle is kind of foolish in terms of the advance of technology.


Comment #6 by: kubricklove on 27 Aug 2012, 17:51 UTC reply to this comment

Apple won because Apple is Apple... and American. Hey why not, we don't need no stinkin' serious analysis here, or anywhere, anymore, for evermore? I want to be paid to write such weak, mindless tripe. There are serious issues we all face moving forward and your readership deserves a better swipe at the ball than this proverbial 0-3 strike three. Hell, my receding hairline deserves a better stab at the fame, fortune, and glory of writing for a multibillion dollar, international publicatio... oh, sorry. Wrong writer. Wrong Publication.

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