Samsung engaged in “beat-Apple” strategy by copying iPhone Apple claims in court hearing

Last week all eyes were focused on a courtroom in California where Apple and Samsung were engaged in a litigation battle. That was only one front in the war between the two smartphone manufacturing giants. Across the country, in an appellate courtroom for the Court of Appeals for the Federal Circuit in Washington, Apple and Samsung engaged each other to start this week in yet another Apple v Samsung case.

This particular hearing was the result of Samsung’s appeal of an order from Judge Lucy Koh to ban the sales of the Samsung Galaxy Nexus phones until the patent infringement trial takes place in March 2014. Samsung is trying to get the ban overturned, to get Judge Koh’s finding that Apple is likely to prevail overturned, and they are challenging the validity of the patent in question. On that point, the patent is the one that involves the ability of Google search to return “hits” for items both on the device and on the Internet – a unified search result.

Two of the key issues argued during the hearing were whether Apple has to prove it lost market share and whether the protected feature is one that drives sales of the device. Samsung contends both of these points needed to be proven by Apple to justify a pre-trial ban. To counter Apple, Samsung offered up sales numbers for both the iPhone and the Galaxy Nexus, showing the Nexus commands maybe 0.5% of the market while Apple controls about 33% of the market.

In addition to the arguments surrounding market share, Samsung also argued that people change smartphones due to the overall experience provided by either iOS or Android, not the specific function of the search utility. They also made their argument about the problem with invalidating device sales based on a single patent connecting to a single feature on a device which is comprised of thousands of “technological marvels” and how this could potentially halt the sale of all devices.

For their part, Apple made the argument that Samsung was engaged in a “beat-Apple” strategy that included copying key features. Apple’s attorney also argued the comprehensive results were a key factor in consumers choosing an iPhone.

The three-judge panel expressed some frustration with both parties and the rhetoric present in various court filings. They did not indicate when they might issue their ruling.

source: Bloomberg

About the Author: Jeff Causey

Raised in North Carolina, Jeff Causey is a licensed CPA in North Carolina. Jeff's past Android devices include an HTC EVO, a Samsung Note II, an LG G3, and a Motorola Moto X Pure Edition along with a Samsung Galaxy Tablet 10.1. He currently uses a Samsung Galaxy S8 and (very rarely) a Nexus 7 (2013). He is also using a Verizon-branded Motorola Moto Z Play Droid supplied by his job. Jeff used to have a pair of Google Glass and a Moto 360 Sport in his stable of gadgets. Unfortunately, his kids have all drunk the Apple Kool-Aid and have i-devices. Life at home often includes demonstrations of the superiority of his Android based devices. In his free time, Jeff is active an active runner usually training for his next marathon, owns a MINI Cooper, and plays Dungeons & Dragons. Jeff has three mostly grown kids and a golden retriever.

  • John Cross

    Wait, so is it banned again? I don’t understand. I was litterley waiting for Friday’s payday to order one from Google.

  • John Cross

    Wait, so is it banned again? I am waiting to get payed on friday to order one from Google.

  • Lost_Fan

    Robert Nazarian…please take note — this is a balanced article. Not your fanboy BS.

    • RTWright

      I think you should go back to the Apple site you crawled out from ;p Nazarian’s articles have pretty much been on par with being equal to both sides as I’ve read every single one of them. You on the other hand are nothing but a mere troll….

  • DonClemento

    “Samsung to bet Apple?” – how about Steve Jobs, who wanted to destroy Android?! Apple is like a litte child…

  • pegel

    wow!!! it seem to be like an Apple scare to Samsung alot LOL :D