The tech and mobile world will once again be inundated with back and forth mudslinging as Apple and Samsung once again face each other in the San Jose, California courthouse starting tomorrow. This time, the stakes are higher as Apple is asking for royalty that is more than five times higher than what it asked for in the previous trial.

Although one patent case between Samsung and Apple was just recently concluded, with Apple emerging as the victor, the war is far from over. The two will once again be fighting over a newer set of patents and targeting the other’s more recent, but not the most recent, devices. But while Samsung’s patent claims against Apple revolve more around wireless technology and the hardware side, Apple’s toes are dipped on software patents.

The particular issue of software patents is rather contentious, one that has resulted in calls for reforms in the US patent system, which hasn’t seen much change in decades. And while patents for physical objects or more tangible inventions fit more snugly into the patent system, patenting software has been likened to trying to patent mathematical calculations or patenting recipes or even simply patenting ideas.

In this next round, Apple is only focusing on five patents. One of which is “slide to unlock” which has, admittedly, become a popular gesture. Granted that Samsung’s implementation is more generic, since Apple’s can only slide in one direction, but as one law professor remarked, software patents are intentionally made overly broad so as to block competition. Another patent relates to how tapping on search results can lead to calling a number or putting an address on the map. Perhaps more worrisome for the wider Android community is how these patents may affect not just Samsung but other implementations as well.

Jury selection will start Monday, though that itself might already be problematic, given how close the courthouse is to Apple’s home base. Apple is demanding an unprecedented royalty of $40 per each infringing Samsung device, which could amount to $2 billion, though juries rarely award plaintiffs the full asking price. On the other hand, Apple risks losing $6 million should they lose the case. Included in the case are the Samsung Galaxy S II, Galaxy S III, Galaxy Note, and Galaxy Note II. Samsung is targeting Apple’s iPhone 4, iPhone 4S, iPhone 5, iPad 4, and iPad mini among others.

SOURCE: Associated Press

14 COMMENTS

  1. the same question came to my mind, why Apple only targets Samsung as the opponent, as other Android brands also have the similar unlock concept, is it due to the sales aspect that Samsung has a better sales than Apple?

    • That is EXACTLY why. Samsung product are better than Apple, Apple knows that so they are afraid of long term consequences. Other vendors may not be that “apple difficult”. HTC is on brink of self destruction, Google nexus line is not selling that much, other vendors almost do not exist globally so only Samsung is a “real danger”….

      • It’s because, from what I’ve seen, Samsung tends to try to be like Apple. Evidently, I’ve found Samsung phones to be overrated and not what they’re cracked up to be. Useless gimmicks, bloated UI, bloatware installed on phones, using stupid enforced bootloaders and the dreaded TouchWiz UI which really needs to be killed off, OH and the years of waiting for updates too. I’m starting to get a little annoyed with both and nobody really cares about the lawsuits/patent wars. They need to sort it.

        I will admit, on Apple’s end there are a few but I would rather go with an iPhone than a Samsung phone any day of the week, purely down to stable software and better/higher build quality. Now before you cut my throat off, I’m not a fanboy, I currently own many Samsung devices including a Tab 3 8 and an S4. The Galaxy Phones are bad, overrated and just too “mainstream” from my point of view. HTC’s One, Google’s Nexus range and LG G range just simply wipe the S range out the water. I’ve had numerous issues with basic things like Mobile Internet not connecting and various of phone related issues like not being able to receive incoming/make outgoing calls. When I had my iPhone though, I had no problems at all. Not one. Once I get my S4 back from repair, well lets just say a Nexus or G2 will replace it.

        Android in general needs to be sorted, I love it but the fragmentation of updates is ridiculous. Samsung messed up with the S5 and the quote of “Consumers don’t need a new design every year” is, plainly, Apple like. Anybody who can’t see that, well, it just shows it.

        It’s about time consumers started to separate from the crowd and choose phones that suit themselves. Not overrated pieces of bloated crap.

      • Not going to kill anyone here. I found Samsung devices much better than iPhone. I use them and I am happy with what they offer. Back to the case: Apple is still afraid of Samsung grow. Even if Samsung does the same shit as Apple they had VERY GOOD teacher – and it was… Wait for it… hehe, Apple…

      • If you didn’t have Sprint you could connect to the internet and make phone calls. That’s not Samsung’s fault

      • FYI I am UK based so ‘Sprint’ isn’t an option. Secondly, I got off with the repair centre who have my phone and they report the infamous s4 issue of “swollen” which I can only assume battery replacement. I was right. On further investigation, various boards have been replaced inside my phone including a battery replacement.

        So yeah, my original statement of it being Samsung’s fault still stand. My mate has the same network and on his lg g2 he gets no problems with internet. I think the fact I have to restart the phone to get mobile internet shows its hardware related.

  2. “Apple risks losing $6 million should they lose the case.”

    LE GASP, NOT SIX MILLION DOLLARS! What ever will they do should they lose the case?

    I’ve grown to hate both of these companies.

    • Yettthhhh!! They’ll thpend that money in doing a really thuper duper alien technology innovative iPhone, right daddy? No sweety, you’ll always use the 4″ screen with a crappy battery on top of it, but wait, the butthurt won’t end and guess what’s next!!! What? Hmm, well, Apple will sue Samsung for including a phone app that allows you to perform “calls”. How could Samsung do this? What sorcery is this? Will there stealing of Apple’s innovation ever end? Go get ’em Apple!!! Rape my ass and steal my money every six months by simply updating the iPhone with a new number next to it!! Oh my God can’t wait to spend 900$ for an iPhone!! iGenius aren’t I!!!!

  3. Here is why Apple attacks Samsung: Point blank, they are scared to Death of them. Call it what you want about these “patents” but the fact is everyone else is doing what Samsung is doing, and you’re not hearing a peep out of Apple about it.

  4. See that is what I like about other manufacturers. They’re getting their stuff together. When I referred to unstable software I was meaning back on my s 2. Various factory resets had to be done to maintain a working phone for me. I mean the s4 I actually like as its a big improvement and how you say that kit Kat is more stable. I didn’t have much time with kit Kat before repair so it will be fun to see.

    I just wish everything was out on the play store in terms of oem mods and the ability to officially give you the option of having stock android and the custom stuff. It would make android my favorite mobile os.

    • I agree. You can get close to stock. Try installing either the Google Now launcher or, for more options, Nova or Apex. Anything is better than the cartoony look of touchwhiz

  5. So If apple is concerned with software patents then why are they bringing Samsung to court? Samsung is using a skin of a Google operating system. That being said wouldnt Google’s Android operating system be at fault, not Samsung? I for one have used mostly Iphones for most of my cellular devices. Then I got my hands on a moto x. The moto x was almost a stock andriod is and that featured most of the claims being brought to court. Also apple I feel is just trying to control the market. In my opinion the team at apple should be concerned at changing the future of the market, like they were doing while jobs was CEO, instead of looking into the past. Change the game and progress, by allowing competition developmental growth will allow for new ideas, by getting engineers to think outside of the norms.

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