Well this is a new strategy in patent wars. For the first time ever we are seeing an approach that comes straight from the mouths of children on a regular basis. Samsung’s attorney, in his opening statements in the newest Apple vs. Samsung patent war has said, “all the software on its [Galaxy Nexus] phone was created by Google.” This marks the first ever, it’s not our fault it’s their fault, approach to a patent lawsuit. We reported on the details of this lawsuit earlier, but the Samsung opening statement is enough to warrant it’s own article. Not only did they simply blame Google for the software running on their Galaxy Nexus device, they also called out other OEMs as well. Samsung’s attorney, John Quinn said about the software, “is used by lots of companies,” continuing to essentially say Samsung is not the only OEM using the software in question. This argument is interesting because it essentially calls Apple out, asking for them to take the battle to the front steps of the Googleplex.
If Apple decides to answer this question, it would be even more interesting to see if they will tackle other OEMs, not to mention Google. Though it seems as if Apple doesn’t want to touch Google with a ten foot pole. Apple’s attorney said somethings in response along the lines of it being Samsung who is profiting from the software patent violations. Still, even if Apple doesn’t want to battle Google one on one, how about the other OEMs?
Apple has made no comment on the aspect of other OEMs, so it is very likely that they will attack them as well, based on the outcome of this lawsuit. As far as what Samsung is doing, well according to a reporter at the San Jose Mercury News, and we agree with his statement, Howard Mintz says, Samsung is “clearly going to use Google as this ginormous tech shield against Apple’s patent claims.” This is turning out to be one of the more interesting patent wars we have seen in a while. It is true that the patent infringements that Apple is suing Samsung over, is due to Android OS, but will a judge see it this way? An even better question is if Apple’s argument stands. Yes, Samsung is making money off of the software in some ways, but so is Google, so is it possible that Apple’s is attacking Google but starting with the legs? We will just have to wait and find out what happens, and as always we will bring you any further updates to this patent dispute.