Samsungâs product lead has lashed out at Appleâs design patent case, describing the jury trial as âfighting over rectanglesâ and blaming the Cupertino firm for being trigger-happy when it comes to litigation. âIn the current environment, thereâs just one company thatâs firing the first shot consistentlyâ chief product officer Kevin Packingham told Wired. âMost everyone else seems to be getting along really well.â The Apple vs. Samsung case kicked off in San Jose on Monday this week, with jury selection taking place; Samsung argues that Appleâs interpretation of design patents for the iPad and iPhone are too broad, with Packingham claiming Apple is âdefying common sense.â
âFor us, itâs unreasonable that weâre fighting over rectangles, that thatâs being considered as an infringement, which is why weâre defending ourselvesâ Packingham says of Samsungâs stance. âIn some cases, for most of us in the industry, itâs defying common sense. Weâre all scratching our heads and saying, âHow is this possible that weâre actually having an industry-level debate and trying to stifle competition?â Consumers want rectangles and weâre fighting over whether you can deliver a product in the shape of a rectangle.â
According to the product lead, Apple is unique among companies for the way it approaches rivals and the marketplace. Samsung launches new devices with a combination of prior due diligence and the expectation that some unforeseen licensing issues will likely show themselves, and usually, Packingham says, âsome additional conversations [are] requiredâ but âin the past itâs never been a barrier to us introducing new products.â
As for the strange dual-role Samsung plays to Apple, as key component supplier and arch nemesis at retail, Packingham says the two sides of the company are âextremely isolatedâ in how they operate. Thatâs not always a good thing, he believes; âthere are times when Iâm absolutely appalled that we sell what I consider to be the most innovative, most secrete parts of the sauce of our products to some other manufacturerâ Packingham admits, only to be told by the components group that âthatâs none of your business. You go make your mobile phones and if youâd like to use our components, thatâd be great.â
The Apple vs. Samsung case is expected to take at least two weeks, with the court meeting three times a week. However, Packingham argues that much broader patent reform is required if the current situation isnât to repeat itself.
âHopefully the entire industry is in the position now where we have to defend ourselves and say, âLook, itâs unreasonable for us to be in the position of claiming that there is design, claiming that there is some sort of protected property, around a rectangle.â So I would say, yeah, we have design patents as well, but theyâre not as simple as the rectangle. And so thatâs where I think you see a little bit of this challengeâ Kevin Packingham, Chief Product Officer, Samsung
Samsung and Apple both shared prototype and concept designs from their archives as part of pre-trial briefs last week. Samsung accused Apple of rewriting history and of itself copying Sony, while Apple fired back with a 2005 iPhone prototype that it claimed pre-dated any relevant Sony concept.
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