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If true, this would completely change the balance-of-power in the Apple-Samsung legal battles. To date, Samsung's response has been weakened because the patents

by fpgeek 15y ago

If true, this would completely change the balance-of-power in the Apple-Samsung legal battles. To date, Samsung's response has been weakened because the patents they've been asserting have generally been ones Samsung has agreed to license as essential technology they've contributed to various mobile standards. Apple has made the apparently odd mistake of not actually licensing the patents in question (I'd have thought that would have been part of the pre-lawsuit due diligence), but while Samsung might play some games on the price of licensing, they aren't in a position to refuse to license them entirely. The new patents would be a very different kettle of fish. Using two antennas is pretty clearly not essential technology (plenty of phones don't), so Samsung would have a direct line of attack on the iPhone 4S. And since Apple has demonstrated exactly how to get preliminary injunctions to keep your competitors off of the market, it could get very interesting.

jstevens85 15y ago
>If true, this would completely change the balance-of-power in the Apple-Samsung legal battles. Don't think that's true. Worst-case scenario is that Apple releases a firmware update that removes the switching functionality and forces the 4S antennae to behave like an iPhone 4 (assuming the functionality can be turned off by software). Patent litigation will then continue as before.
- fpgeek 15y ago
  The vast majority (all?) of technical (as opposed to trade dress / design patents) Apple has asserted against Samsung are for software-only features (e.g. spring-back scrolling, slide to unlock, photo gallery swiping) and that strategy has been working well for them. Even if Apple can get past the antenna patents with a software and/or firmware upgrade (something I'm more skeptical about because, among other things, redesigning your radio interface after release sounds reasonably difficult), that still keeps the iPhone 4S off the market for the time it takes for them to implement, test and deploy the upgrade, plus the time it takes Apple to convince the relevant courts (over Samsung's opposition, of course). Since it is October 10th, that's almost certainly going to seriously cut into the holiday shopping season (one of the reasons Samsung is sweating on their side, too).

by fpgeek 15y ago

jstevens85 15y ago

>If true, this would completely change the balance-of-power in the Apple-Samsung legal battles. Don't think that's true. Worst-case scenario is that Apple releases a firmware update that removes the switching functionality and forces the 4S antennae to behave like an iPhone 4 (assuming the functionality can be turned off by software). Patent litigation will then continue as before.

fpgeek 15y ago
The vast majority (all?) of technical (as opposed to trade dress / design patents) Apple has asserted against Samsung are for software-only features (e.g. spring-back scrolling, slide to unlock, photo gallery swiping) and that strategy has been working well for them. Even if Apple can get past the antenna patents with a software and/or firmware upgrade (something I'm more skeptical about because, among other things, redesigning your radio interface after release sounds reasonably difficult), that still keeps the iPhone 4S off the market for the time it takes for them to implement, test and deploy the upgrade, plus the time it takes Apple to convince the relevant courts (over Samsung's opposition, of course). Since it is October 10th, that's almost certainly going to seriously cut into the holiday shopping season (one of the reasons Samsung is sweating on their side, too).