Here's How Apple's Epic Patent Case Against Samsung Will Finally End

Apple and SamsungSamsung Executive Choi Gee Sung and Apple CEO Tim Cook

Photo: Associated Press/Getty Images

Arguments in the patent battle of the century between Apple and Samsung will come to an end next week after a judge strongly urged the tech titans to make “peace” and settle the case.With both sides so heavily invested in the case, neither company is likely to give in at this point, experts say.

Now the case will likely by decided by a jury of Apple and Samsung’s “peers,” but it’s impossible to predict exactly how a jury will decide such a complex case.

Apple is accusing Samsung of infringing design patents for iPhone, iPad, and its operating system – basically patents on how the products look. It’s also accusing Samsung of infringing three patents on the way its products are used.

In these types of complicated patent disputes, juries often just side with whichever party they might “buy a used car from,” one expert told Business Insider.

But several experts said they would predict one winner if they had to.

 

For better or worse, the public doesn't like copycats.

University of Virginia law professor Chris Sprigman doesn't think Apple should necessarily win the patent case, in part because it never should have been allowed to patent some of the design features it did.

One of those design patents was for a 'rectangular electronic device,' and Sprigman contended Apple shouldn't have been able to patent a shape. 'Why should Apple own the rectangle?'

But, he said, 'If I had to predict, I think, at least in the district court, I'd rather have Apple's case than Samsung's.'

When companies mimic one another's designs, they generally improve those designs and make better products, Sprigman said.

He pointed out that Apple itself has become prominent by 'tweaking' other people's designs, noting Steve Jobs himself previously said the company was 'shameless' about stealing other's ideas.

But the jurors might not view Samsung's alleged imitation that way, he added.

'In our culture, we just kind of have a dim view of people who copy,' Sprigman said.

But Apple can't knock Samsung out of the market completely.

Now read about business leaders who were involved in the law in a different way ...

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