Legal Battle between Apple and Samsung is getting little bit interesting. In a copyright infringement trial in California recently, it seems as if Apple has a much stronger position than many people might believe.
This is not a case of Apple stifling innovation, but rather of Samsung knowing very well that it has a weak case in both the claims it is defending against. And even the claims brought by Samsung are also weak.
According to FOSSPatents, Apple is asserting only three types of intellectual property rights, while Samsung is dealing with six patents of a technical nature. Of course, Samsung favored the instructions from jury that are defendant-friendly, in the design patent and trade claims in which, the South Korean tech giant was named as a defendant.
However, since Samsung is asserting so many more technical and utility patents, it seems odd to favor these kinds of jury instructions. This behavior may show that Samsung knows that it has a weaker case. This fits in very well, however, with the 700 juror questions it filed last week.
Samsung even went on to the extent of telling the court that any of its public statements, which amount to “everything’s allright, stay calm” sort of content, are more of a way to reassure the public than any kind of truth of the matter.
In the proposed jury instructions, Samsung tends to be very wordy and insist on ambiguous legal terminology, like “alleged.” Apple’s instructions tend to be more direct, at least in terms of legal writing. They seem to be more to the point. On the other hand, Apple is not going beyond trying to build a reality to its own favor with its instructions and proposals, which contain more talk about Apple’s counterclaims than Samsung’s infringement claims.
It will be interesting to see how the US District Court’s Judge Lucy Koh would respond to these new proposals. Hopefully, she will filter down the obfuscating and defensive language from the Samsung instructions, and balance out Apple’s lack of attention to specific Samsung claims.
Source: Cult Of Mac