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Google jumps into the Apple v. Samnsung case August 17, 2012

Posted by truthspew in Apple, Apple Computer, Google, Motorola Mobility.
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I knew this was coming. I mean, why else would Google, the producer of Android, buy Motorola Mobility? And as I had foreseen, it was to crush Apple.

The suit would ban the import of iPads, iPhones, and Macs. Yup, it’s all made in China and if the Google/Motorola suit is upheld, it means Apple stores will be empty, just in time for the holidays.

When Google bought Motorola Mobility I knew what they really wanted, the treasure trove of over 15,000 patents having to do with cellular telephony.

And sure enough – here they go! I also suspect we’ll see Google/Motorola branded handsets with the latest Android coming onto the market shortly.

It’s funny -I heard about Apple going after Samsung. And I have a dog in this fight as I own two Samsung product and two Apple products. When the news then broke that Google was buying the assets of Motorola Mobility and those assets included a trove of patents, I knew it wouldn’t be long before Google moved in for the kill.

And Apple – they could have played nicely and licensed the tech. But they told Motorola/Google to go get fucked. And then they turned around and sued Samsung.

If I was an Apple shareholder I’d be asking some very pointed questions right now. Because this really could be the death knell for Apple.

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Comments»

1. Cubby - August 18, 2012

Don’t hold your breath. If forced, Apple will pay up licensing fees and pass the cost on to its customers who continue to throw money at it. Yesterday Greg and I passed an Apple store at a mall in NoVa and it was packed. I said to Greg, “Are those people really buying things or are they just a bunch of nerds with nowhere else to waste time?” I think it’s the latter.

We are buying smart phones next month. Our first ones. We’ll be getting the new iPhone 5. Don’t faint. I hope we don’t have to go into an Apple store to activate it. It’s distressing enough to have to walk by one of those nerd hives. I don’t know if I can muster the fortitude to go inside and deal with one of the drones.

truthspew - August 18, 2012

I don’t know – Apple is pretty obstinate. And like I said, we’re entering prime holiday buying season here. There’s a serious danger if Apple continues to refuse to license the patents that Google holds. Plus if Google really wants to play rough, they can prevent Apple from selling said items with a simple trial method.

And you can bet – if they settle, Apple will have to cease IP cases against Samsung, HTC, etc. and start paying tribute to Google.

Cubby - August 18, 2012

I did a little research on what it takes to get an injunction in a patent infringement dispute.

“According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief. A plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.” EBAY INC. et al. v. MERCEXCHANGE, L. L. C., 547 U.S. 388 (2006).

(1) This could go either way. In today’s market, even a tiny drop of market share could amount to millions of dollars of lost revenue for Google. However, Android has been gaining on the iPhone lately (has it not?), meaning Google has been winning the competitive battle of the marketplace and the injury it would sustain would not be irreparable.

(2) Apple has no shortage of cash and can easily pay any monetary damages awarded Google. There is no inadequacy here.

(3) Both Apple and Google are mega-companies who measure their daily revenue by the billion. Both employ the best engineers and attorneys. Both are very sophisticated in global economics. This isn’t David v. Goliath. This is Goliath v. Goliath. There is no imbalance warranting a remedy in equity here.

(4) This may sound silly, but honestly if a court imposed an injunction on the importation and/or sale of the iPhone 5 now, a mere month before it becomes available, the crazed Apple fanbois will riot in the streets. There will be huge property damage and there will be death. We are talking about people who think it is perfectly normal to camp out in front of a store for a week to be among the first to buy a cell phone! A cell phone!!! On the other hand, if a court does impose an injunction, Apple fans are still quite free to buy the existing iPhone 4 and 4s.

I think I was wrong in my earlier comment. I do not think a court will impose an injunction, nor do I think Apple will pay licensing fees. I think Google will force the dispute to trial and in about 6-10 years when all appeals are exhausted will Apple pay a penny. In the meantime, Apple will work relentlessly to get the pertinent Google/Motorola patents invalidated. After all, the best defense is a good offense.


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