Kerr & Wagstaffe: Apple, Samsung Feud Shows Need for Intellectual Property Protection
The San Jose judicial system has ordered Apple and Samsung representatives to meet face to face to discuss each company's position on claims regarding rights to certain mobile device applications. Familiar with intellectual property and patent law, the law firm at Kerr & Wagstaffe observes a growing trend in such mediation.
SAN FRANCISCO, June 12, 2012 /PRNewswire/ -- Recently, Apple CEO Tim Cook, and Samsung CEO Choi Gee Sung were ordered to meet in person to discuss a possible resolution regarding their claims over certain mobile device patents. According to a Bloomberg article, the action ordered by U.S. District Court Judge Lucy Koh will not likely lead to a full resolution. While Apple fights to block Samsung from releasing further updates of Android devices, the former company believes that it did not "copy" any applications from iPad or iPhone products. Kerr & Wagstaffe is one law firm based in the bay-area that has observed the San Jose, California legal proceedings and notes that these trends in mediation are becoming more and more common.
The article states that the matter has resulted in over thirty lawsuits in over ten different countries. Some officials believe that the extent of this legal battle is too complex for jury members to come to a proper decisions; Koh adds that bringing such a debate to trial would be "cruel and unusual punishment" to the jury members. The professionals at Kerr & Wagstaffe believe that protecting intellectual property is an essential part of the law, and the importance of this issue should not be neglected, no matter how complicated it is.
The San Francisco law firm recently won a patent dispute in favor of the Australian inventors of Wi-Fi technology. Although the case involved international parties and complex technological characteristics, Kerr & Wagstaffe were able to establish where credit was due. The organization believes such innovations, like that of Samsung and Apple, are essential to progressing society, but sometimes companies can use intellectual property law for less distinguished reasons. Ivo Labar, a partner at the firm, states, "More and more, the goal of such efforts is to intimidate would be competitors, rather than increasing innovation."
The Bloomberg article adds to this topic of discussion by stating that Apple may not back down to achieve a mutual settlement as a point of pride. Steven J. Henry, an intellectual property lawyer at Wolf, Greenfield & Sacks in Boston, says, "It would take a very good sales job to come up smelling well from the settlement on Apple's side. That doesn't mean it won't happen, but the appearance is going to have to be that they were victorious."
Observing a similar, but failed, mediation attempt in a case between Google and Oracle, Labar states, "It is not unusual for a judge to order the parties to a settlement conference on the eve of trial. In high stakes cases, more and more federal judges are ordering high level executives to attend such conferences." Despite this trend, Kerr & Wagstaffe professionals believe that such matters will not typically be resolved this way, for the matter of intellectual property is too important for many companies to consider a compromise.
Kerr & Wagstaffe is a San Francisco-based law firm that represents clients in several practice areas, including patent law and intellectual property. Defined by seasoned and skilled litigators, the firm is committed to providing unparalleled legal representation by following the principles of quality, integrity, client service, client value, and teamwork. To learn more about the firm's services, visit www.kerrwagstaffe.com.
SOURCE Kerr & Wagstaffe
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