Mobility Stats and the Apple vs. Samsung Case

Gartner Resesearch released its quarterly World Wide Mobile Device Sales and the top 3 remain relatively stable with Samsung maintaining its strong presence with 21.6% market share followed by Nokia with 19.9% and then Apple well behind with just 6.9%.  With the focus for most mobile interest being the ongoing court case between Apple and Samsung, I have noted some interesting information that has come out of that trial about the two Mobile Giants…starting with how much both company’s like to hear themselves speak!

The case has gone on for 3 weeks and has more than once broken down into a case of he said / she said with claims of patent infringement and copying from both sides.  The thing that really got to me though was something that happened yesterday.  These lawyers (have I said before that modern patent trials are a general waste of time???) have been testing the judges resolve and it would appear that the Apple attorney got on Judge Lucy Koh’s last nerve yesterday when they filed paperwork to call another 75 witnesses in the final hours of the trial!  The judge’s response:

Unless you are smoking crack you know these witnesses are [not] going to be called,

It is a thing of beauty as this is not the first time that during a Patent Case like this, the Judge has gotten a little annoyed with the legal counsel.  But when we look back on this court case that has become one of the largest patent infringement cases ever, there are some legitimate claims from both sides but interestingly I remember looking to some resources earlier this week that came from the testimony of a Mitsubishi engineer Adam Bogue who testified that he demonstrated the “Diamond Touch” pinch to zoom technology to Apple in 2003 (the iPhone was released in 2007).

So if the “Diamond Touch” was created in 2001 at the  Mitsubishi Electric Research Labs (MERL), then how is it that the US Patent Office was able to issue a patent to Apple at all when in the patent that is in question…all cited “Inventors” of this technology were from California and MERL is in MIT which the last time I checked was located in Massachusetts.

I am still surprised that Apple would get in front of a court, knowing that it has copied and arguably improved (some may say perfected) upon a several technologies but I would say copying is copying and if your claim is you have been damaged by others copying your idea…you better hold your self to a damn higher standard than your competition!  In this case I would have to say that the truth came out, Apple cheats and lies just as much as any other modern company.  Their Innovations are nothing more than an improvement of an existing idea…I bring back my argument for patenting an Organic Oxygen Transfer Unit…just because I patent something…doesn’t mean I have a right to extort the world.

Looking back to the Q2 statistics for Mobile Devices…the iPhone really does appear to be a North America thing.  I have lots of international clients and the hype around the iPhone seems to get lost the second that you leave the protective bubble that surrounds the 350 Million people that inhabit the US and Canada.

What is really interesting is not just looking at the phone makers…but the installed OS:

Apple saw a marginal increase as did Microsoft and Bada..but all the Bleeding seems to have benefited Android who in Q2 claimed a truly dominating position with more than triple the market share of Apple.  It is interesting to see the strong growth in smart phones (heck my Father In-Law even jumped on board with 2 Samsung Galaxy S2 LTE phones) so the technology of the day really is making it easier to connect and leverage the right fit for people.

So Apple may feel that Samsung hurt its chances to sell additional iPhones but to make the claim that people purchased a Samsung phone or tablet thinking that they were iPhones or iPads…okay Apple…I am only going to say this once (to avoid a potential flame war) but just because you feel your customers are idiots, build products for the lowest common denominator does not mean that the reality is that this is actually the case.

I will not dispute that you have fine products (everything except for iTunes)…but what the global market is saying to you is that while you have a great product…we like to choose what we use.  We do like to have some “openness” and options.  Your vision of the universe while nice, shiny and all “Appley” is not the vision of the universe that is shared with everyone…get over it…you will not take over the world and have an iPhone in every hand…your greed prevents that.

Now that I can take a breath…I must move on.  In looking through the interwebz for information about the MERL DiamondTouch…I did locate this video posted to YouTube back in 2008:

Cheers,

Chris J Powell

Posted on August 17, 2012 in Consumer Technology

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  • It seems that the patent laws that were designed to encourage and reward innovation have instead become tools to stifle that innovation. I am not sure how to change the systems so that it rewards creators rather than attorneys.

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