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Will an Apple Patent Victory Kill Smartphones?

by 24/7 Wall St. Aug 20th 2012 7:09AM
Updated Aug 20th 2012 9:40AM

Speculation has grown about what will happen to the smartphone industry if Apple Inc. (NASDAQ: AAPL) prevails over Samsung in an intellectual property trial. Both sides have rested their cases and said they cannot reach an agreement outside of court. In a conversation with the New York Times:

"I think what we'll see is a diversification of designs in the marketplace if Apple wins," said Christopher V. Carani, an intellectual property lawyer for McAndrews, Held & Malloy in Chicago.

That could mean development of new products will be substantially slowed as smartphone companies with products that have iPhone-like features go "back to the drawing board" to avoid suits. Planned launches of some products may be delayed for months. Samsung, with its strong balance sheet, could suffer a setback. It is the leader in the smartphone industry worldwide. The effects on smaller firms like HTC could be devastating.

Douglas A. McIntyre


Filed under: 24/7 Wall St. Wire, Law Tagged: AAPL

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9 Comments

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toribio

Windows Phone will be the King if Apple Wins. Apple can't sue Microsoft.

August 20 2012 at 8:34 AM Report abuse rate up rate down Reply
VinylTaco

Windows released one of the first tablets. So there isn't any way that Apple could win the tablet war. Also, I think that yes, if Apple wins then we will see companies becoming afraid to release products because they may get sued.

August 20 2012 at 8:18 AM Report abuse rate up rate down Reply
Larry Dentz

apple sucks

August 20 2012 at 7:58 AM Report abuse rate up rate down Reply
1 reply to Larry Dentz's comment
toribio

I won't buy anything with the Apple Logo.

August 20 2012 at 8:35 AM Report abuse rate up rate down Reply
kwes26

It wouldn't kill smartphones because Windows phone would be untouched.

August 20 2012 at 7:57 AM Report abuse rate up rate down Reply
msbpodcast

If these guys have not copied but have a paper trail proving that they did their own research and development work, they have nothing to worry about.

If their R&D consists of "make it work like the Mac"(1) then they're back to square 1.

1) That's a direct quote from Bill Gates back in the early days of Windows. Jobs swore that that would NEVER happen again. Now he's got patents and lawyers coming out of his butt, and he'll sue anyone and everyone who so much as dares to think that they have a chance at ripping off his UI designs.

August 20 2012 at 7:52 AM Report abuse rate up rate down Reply
mynameisyargnad

There's no way Apple wins. Prior art is all over the place on their designs.

August 20 2012 at 7:40 AM Report abuse rate up rate down Reply
1 reply to mynameisyargnad's comment
ShowMeThePROOF

The "prior art" argument is, in my opinion, the weakest of Samsungs defenses in this case. I am curious as to how you arrived at this conclusion. Are there similar cases that have been decided or is this just your opinion that has no basis in previous court decisions.

August 20 2012 at 7:51 AM Report abuse rate up rate down Reply
1 reply to ShowMeThePROOF's comment
BigMoe

Also, did Samsung do enough to convince the jury? It don't matter that happen, or who is right or wrong...it's all about convincing the jury, of course, the case could be forwarded to trail...and so. But for now, the Jury hold the cards. I hope there is no APPLE FANBOY in the Jury.

August 20 2012 at 8:28 AM Report abuse rate up rate down