We all know that Samsung and Apple are embroiled in patent infringement cases that make most peoples’ heads spin. But in a court filing released by Apple, the company claims that it had given the Korean giant plenty of time to respond and change its designs.
For instance, starting in July 2010, Apple representatives provided notice to Samsung that it infringed Apple’s patents and designs. On or about August 4, 2010, Apple representatives met with Samsung in Korea and showed a presentation titled “Samsung’s Use of Apple Patents in Smartphones.” This presentation emphasized Samsung’s copying of the iPhone and identified two of the patents-in-suit (the ’002 and ’381 patents), giving Samsung actual notice of at least these patents, and many more.
On or about August 26, 2010, Apple sent Samsung an electronic archive file containing claim charts further illustrating Samsung’s infringement of Apple patents. A presentation document that accompanied these claim charts identified the ’002 and ’381 patents as two patents that Samsung products infringed, and it substantiated these allegations with text from the patents and photographs of Samsung devices illustrating infringing functionality. Apple later presented these slides to Samsung at a meeting in Cupertino, California on or about September 9, 2010.
Moreover, even after Samsung indisputably had actual notice of its infringement of all of the Apple patents-in-suit as a result of the filing of this lawsuit, it continued the development, manufacture, importation, distribution and sale of electronic devices as to which there was no objectively reasonable theory of non-infringement. Samsung continues its willful infringing activities to the present.
But, as we know, Samsung not only ignored the claims are are counter-suing Apple in several countries for patent infringement of their own. Apple’s filing with the California state court will likely be followed by a defense by Samsung, so we’ll have to see what they say.
Considering Steve Jobs was quite vocal about his feelings towards Samsung’s presumed infringement, Apple still relies heavily on the Korea company for internal components. Obviously the consumer-facing issues over finished products and designs, and the less-known component sourcing, are based on very different parts of the two companies, we have to wonder what Apple has to gain from pursuing these lawsuits so intently, especially since Samsung has been able to wiggle out of every injunction Apple has thrown at them thus far.
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