In the never ending battle of cat and mouse between Apple and Samsung (you decide which is which), just when you thought it was settling down, Samsung throw a curve ball and request to see the source code for iOS 6.
Whilst both you and me are thinking WHAT! Samsung do ‘appear’ to have a legitimate reason behind this claim. Despite being told to pay $1billion in damages for infringing on Apple’s patents, Samsung still believe Apple copied them, and they want to see the iOS 6 source code to prove it, and if they don’t get it then they cannot be sure it doesn’t infringe.
Apple has obviously denied the request, calling it ridiculous, and rightly so, but Samsung are still claiming that Apple stole some features in iOS 6 that were present in Samsung’s software prior, and without the source code this cannot be denied. What Samsung fail to realise is that it cannot be confirmed either, and taking the stance that Apple copied them without any proof, demanding to see source code to prove Apple’s innocence is crazy. Not only does this contradict the entire principle and framework that the law is built on, but it also opens up further scope for Samsung to infringe on actual code used in iOS 6. I’m not saying they would, but who wouldn’t, turning this from a patent lawsuit into a full out copyright battle.
Apparently the court is still humouring the idea, having not released a response as to whether to grant Samsung’s request.
The particular feature Samsung have focused on is the ability for a user to check new messages or updated weather by swiping the upper area of the screen, also known as Notification Center. Samsung claim it registered the patent in November 2006 and was first adopted in Android, before Apple introduced it in an iOS upgrade in 2011.
A court official said:
“Apple lawyers said that the issue was a complicated technical matter but nonetheless accused Samsung of claiming ownership of a technology that was already widely in use.”
Samsung is already being investigated by European Commission on the back of concerns that Samsung were claiming exclusive ownership of technology already widely in use and governed by competition laws. It’s like somebody now trying to patent the clamshell design of the laptop – for competition reasons, it’s just unfeasible.
Samsung are clearly clutching at straws, but not to be ignored is the fact Samsung have now brought Android into the fight, I wonder if Google will step in and pipe up?