Could the iPhone Spell Doom for Samsung?

Apple is well known for securing patents for its many products. That may bode well for the company in the face of less-than-desired sales performance surrounding the wrongfully skewered iPhone 5.

PC Mag cites Manotti Jenkins, a patent attorney with Chicago-based Valorem Law Group, as claiming that those poor sales figures could actually help Apple in its ostensible bid to render Samsung products obsolete.

In August, a jury determined that Samsung had infringed on several of Apple’s utility and design patents.  Devices such as the Fascinate and the Galaxy S II were involved. Though Samsung won some aspects of lawsuit, the jury ultimately awarded Apple a $1.05 billion (yes, that’s with a “b”) judgment.

Several months later, in December, Judge Lucy Koh shut Apple’s bid to ban U.S. sales of the affected Samsung products down. This is where it gets interesting.

In a statement that was sent to the magazine via e-mail, Jenkins pointed out Apple’s declining sales compared to “Samsung’s market share for competing smart phones [which] has continued to increase with the company earning record profits for 2012, partially due, at least arguably, to Samsung’s ability to sell phones that contain important features that have been adjudged as violating Apple’s intellectual property.”

Simply put, Koh’s decision may have been influenced by a belief that customers weren’t making their purchasing decisions based on infringing Samsung products.

“Judge Koh reasoned that Apple had not demonstrated a ‘sufficiently strong causal nexus’ between Samsung’s infringement and Apple’s alleged harm to justify a permanent injunction,” Jenkins continued.

The news of declining Apple sales is bad indeed, but could be good in the sense that it’s possible, albeit difficult, for the company to show it’s been injured by Samsung’s infringing products.

If Apple chooses to press the issue, both companies will have a long, difficult litigation process ahead of them. But if Apple wishes to dominate the industry–as it deserves to–the juice may be well worth the squeeze.


[via: PC Mag]