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发帖数: 1041 | 1 The long-running patent war between smartphone giants Apple Inc. AAPL -0.20%
and Samsung Electronics Co. 005930.SE +0.74% will be back in the spotlight
on Friday with two legal developments that could help tip the balance.
The companies will argue before a federal appeals court in Washington over
whether a lower court erred last year when it allowed Samsung to continue
selling more than two dozen products after a jury found they infringed
several Apple patents.
Also on Friday, the International Trade Commission, a quasi-judicial federal
agency that can block imports of foreign-made goods, is expected to issue a
ruling on whether Samsung infringed several different Apple patents.
Samsung is based in South Korea, and Apple's iPhone's are manufactured
abroad.
Spokeswomen for Samsung and Apple each declined to comment.
The nearly $400 billion smartphone industry has been roiled by more than
three years of expensive litigation among smartphone makers in courts all
over the world. Still, a decisive winner has yet to emerge.
The events taking center stage on Friday could help clarify the strengths
and weaknesses of the two leading sellers of smartphones. They follow the
Obama administration's veto last Saturday of an ITC order banning the import
and sale of some Apple iPhones and iPads.
Victories for Apple on Friday could keep some current and future Samsung
smartphones from the marketplace and cut into the company's commanding lead
in world-wide smartphone sales. Victories for Samsung likely would allow the
company to keep selling the full complement of its mobile devices.
The appeals court case, in particular, could help determine whether Apple
will be able to win product bans in future cases, including one case pending
in San Jose, Calif., which is set to go to trial early next year.
The case being heard Friday by the U.S. Court of Appeals for the Federal
Circuit, a specialized court that handles appeals of patent cases, arose
from a earlier complaint that Apple filed against Samsung in federal court
in San Jose in 2011, which went to trial last year.
The jury in that case ruled that 26 Samsung's products violated six Apple
patents and awarded Apple $1.05 billion in damages.
But the judge in the case, Lucy Koh, later denied Apple's request to ban the
sale of the 26 products. Judge Koh ruled that Apple didn't satisfactorily
link any harm it may have suffered in the market to Samsung's infringement.
Apple is appealing that ruling.
Since then, Samsung has stopped selling many of those 26 products. But the
case still has big ramifications, legal experts say, because the Federal
Circuit could drastically redefine whether─or when─companies should be
able to knock competitors' products off the shelves after findings of
infringement.
'The appeal is really about how hard will it be for Apple to get injunctions
in future cases,' said Brian Love , a patent expert and law professor at
Santa Clara University.
'If the law tilts in its favor, their bargaining power goes up in future
cases,' he said. Mr. Love said Apple would gain leverage in a second suit
brought in San Jose federal court, involving a set of newer Samsung phones.
Apple filed claims against Samsung at the ITC in 2011, claiming that the
company's products infringed several patents. An ITC judge agreed with Apple
with regard to four patents, one of which relates to the basic design of
the iPhone as a handheld rectangle with rounded corners.
On Friday, the full commission is slated to unveil its review of the case.
A broad finding of infringement could halt U.S. imports of some Samsung
devices and, as Samsung's lawyers wrote in a June filing, 'create an
immediate and long-lasting shortfall in the availability of mobile devices
in the U.S. market.' | m********a
发帖数: 1041 | 2 (1)
星期五，这两间公司要在DC的联邦上诉巡回法院(U.S. Court of Appeals for the
Federal Circuit)辩论。因为去年虽然陪审团判定三星侵犯了苹果的多项专利，法院仍
允许三星继续在美国销售20多款产品。
若苹果胜诉，那么三星部分现有的和未来计划推出的智能手机将不能在美市场上销售，
该公司在全球智能手机市场上的主导地位将受损。若三星胜诉，那么它有望能够继续在
美销售其全线移动设备。
上诉法院的裁决可能帮助确定苹果能否在未来的案件中成功争取法院对三星发出产品禁
售令。
法律专家们说，此案将产生巨大影响，因为美国联邦巡回上诉法院可能从很大程度上重
新界定在败诉公司被判侵权后，胜诉公司是否或何时应该能够看到竞争对手的产品下架。 | m********a
发帖数: 1041 | 3 (2)
同样是在周五，预计美国国际贸易委员会(International Trade Commission)将就三星
是否侵犯了苹果多项专利做出裁决。该联邦机构具有准司法机构性质，能够下令禁止外
国产品的进口。
2011年，苹果在国际贸易委员会对三星提出起诉，称三星的产品侵犯了苹果的多项专利
。一位国际贸易委员会的法官最终认定三星侵犯了苹果的四项专利。
周五，国际贸易委员会将对该案做出裁决。
如果裁决三星侵犯苹果多项专利，则可能令部分三星设备不能被进口到美国。 | m********a
发帖数: 1041 | 4 (3)
奥巴马政府上周六否决了ITC(国际贸易委员会)做出的禁止进口和销售部分苹果iPhone
和iPad产品的裁决。
The Obama administration had earlier expressed concerns regarding product
bans imposed by the ITC on infringement of standard-essential patents.
尽管苹果确实是侵犯了三星的专利，但这些都是standard-essential patents。三星有
责任在其科技取得"standard-essential"后，授权给其他制造商使用这些科技。<不知
道是不是三星要太多授权费苹果才不愿意付呢?> | m********a
发帖数: 1041 | 5 (3.1)
標準關鍵專利是指企業為了使產品達到行業標準，必須在產品中提供的基本技術。上周
六奧巴馬政府否決的裁定，針對的就是這種專利。在蘋果與三星的專利糾紛中，這個標
準涉及無線通訊。奧巴馬政府稱，上周六之所以否決ITC的裁決，部分原因在於，他們
擔心以這種方式應用關鍵專利權，可能會破壞競爭，對消費者造成損害。標準關鍵專利
的持有人往往會以合理的條款向他人授權，但對於三星授權其關鍵專利的條款是否合理
，蘋果與三星卻存在分歧。
Essential patents, like those at the center of the dispute in Saturday’s
veto, cover basic technologies that companies have to support in their
products to comply with industry standards. In the case between Apple and
Samsung, the standard involved wireless communications. The Obama
administration said it overruled the decision on Saturday partly because it
feared essential patents, which holders agree to license on reasonable terms
, were being used in ways that could hurt competition and consumers. Apple
and Samsung disagreed on whether Samsung was offering to license it
essential patents on reasonable terms. |
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