• Apple Admits That Samsung is More Likely to Take Users From Android Than Apple Is



    We mentioned this past weekend that the U.S. Judge Lucy Koh declined to issue a preliminary injunction barring Samsung from selling several of its Galaxy smartphone and tablet devices in the United States. This was all a part of Apple’s alleging patent and design infringement case which is moving through the courts right now. It was noted recently that portions of the court order had been redacted and these portions revealed that Apple licensed one specific iOS interface patent to both Nokia and IBM. The same patent was offered to Samsung but the company declined to license the invention in late 2010.

    Reuters is now revealing that the redacted portion had been revealed as the court order mistakenly allowed the redacted text to be visible upon copying and pasting. In the 65-page ruling the judge attempted to redact nearly two dozen sentences and short fragments, which due to formatting were still visible upon copying text from the PDF and pasting it into another document. Although the publicly-available versions have long since been corrected, the folks over at Reuters were able to share some of the redacted portions.

    The most significant thing mentioned was a portion where Koh cited as part of her rationale Apple’s admission that Samsung is more likely to take market share from other Android manufacturers than it is from Apple:

    According to the redacted portions, Apple's own studies show that existing customers are unlikely to switch from iPhones to Samsung devices. Instead, the evidence suggests an increase in sales of Samsung smartphones is likely to come at the expense of other smartphones with Android operating systems, Koh wrote.
    This doesn’t come to be a big surprise given the barriers to switching app ecosystems, surveys of iOS device owners reporting significant loyalty, and satisfaction to the platform. It is interesting to see Apple’s formal admission of the relatively low risks that Samsung poses to Apple’s current user base. It seems that Apple’s argument for Samsung’s alleged infringement poses a bigger threat to users who are just moving to a smartphone for the first time.

    Another interesting tidbit from the court order is Samsung’s argument that Apple shouldn’t be awarded an injunction in part due to the impossibility of Apple being able to keep up with demand for smartphone devices by itself. Koh acknowledged that such an argument was “dubious” as Apple provided evidence claiming that it is indeed capable of meeting demand.

    This constant dispute between Apple and Samsung has been receiving the most attention in the media, especially given the number of cases going on around the world and due to a large number of daily developments. The first major decision in the U.S. may very well come from the International Trade Commission, deciding whether to rule in favor of Apple’s request for a ban on the import of HTC smartphones over patent infringement. A final request was scheduled for December 6th, but has recently been delayed until December 14th.

    Stay tuned for the latest developments in the legal battle between Apple and Samsung.

    Source: Reuters
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