Apple sue us next? Not a chance.
That's the gist of Google's message following Apple's $1 billion victory over Samsung in a California patent suit.
The search giant is doing its best to quell fears that its Android
operating system could be the next target for Apple's lawyers. And you
can't blame them.
Google has to do
something to keep its partners in the smartphone and tablet world from
panicking, to say nothing of investors. But experts say that while the
Apple v. Samsung suit didn't describe a legal route that leads directly
to Mountain View, Google had better watch its back.
Apple v. Samsung ripped
apart both the hardware and software used in Samsung's very popular
smartphones and tablets. Arguments hinged on whether certain hardware
features -- like a bezeled display and a lozenge-shaped earpiece -- had
been ripped off from Apple by Samsung's designers. A jury decided that
in multiple instances they had.
Apple also filed claims
that Samsung developed operating system features that violated Apple
patents. Samsung licenses Google's Android operating system for its
tablets and phones, and makes changes to personalize the user
experience. Those small changes include pinch-to-zoom, tap-to-zoom, and
bounce-back features, which fall under Apple-owned utility patents.
Google, which has stayed
silent about the case until now, said Monday that these utility patent
features aren't part of the core Android operating system, which runs
underneath Samsung's and other device manufacturer's modifications.
Google gives its licensees a plain, stock version of the Android
operating system, which by itself does not violate Apple's patents.
However, licensees can modify the Android system and build any feature
they like, and those features could violate other patented technologies.
Here's Google's full statement in reaction to the verdict:
"The court of appeals
will review both infringement and the validity of the patent claims.
Most of these don't relate to the core Android operating system, and
several are being re-examined by the US Patent Office. The mobile
industry is moving fast and all players -- including newcomers -- are
building upon ideas that have been around for decades. We work with our
partners to give consumers innovative and affordable products, and we
don't want anything to limit that."
Phillip Philbin, an
intellectual property attorney with national law firm Haynes and Boone,
says Google's statement is a message to its partners that the verdict
only applies to Samsung's products, and not the entire Android
ecosystem. "It's essentially Google saying that the patent issues apply
to Samsung's software changes and Samsung's hardware, but not to 'core'
Android or other Android products," says Philbin.
Looking at the case,
Purdue law professor Mark McKenna says Google is focusing on distancing
itself from the pinch-to-zoom, the tap-to-zoom, and the bounce-back
features that Samsung created, saying they aren't included in its base
Android code. "Google's claim is that those features are part of the
modified experience from other companies that license the Android
operating system," says McKenna.
Analysts agree with
Google's stance, saying there is no evidence out there that the core
Android operating system has infringed on Apple or any other company's
patents. But Google has yet to endure the scrutiny of a full-blown
patent suit. The California jury was looking at what Samsung did or
didn't do, not what Google did or didn't do. That's a key distinction.
But if Google has its way, no jury will ever test its claims.
Google has gone to great
lengths to keep its operating system distinct from iOS with widgets,
rotary and pull-tab lock screens, and an applications menu separate from
the home screen. All very un-Apple-like design flourishes. Even
Google's Nexus hardware line, made with Samsung, HTC, and Asus, includes
designs with rounded corners, curved screens, and textured battery
covers that could never be mistaken for an Apple device.
Still Google is not
immune to a patent lawsuit, even though it wouldn't be easy for Apple --
or anyone else -- to bring a case. One of the chief reasons Apple
hasn't yet gone after Google, McKenna says, is because Google doesn't
make any money from selling the Android operating system (it makes money
from mobile ads). Since Google is giving away Android, it makes it hard
for Apple to prove that the operating system harms its market share.
"That doesn't mean Apple
couldn't sue Google, it just makes it more challenging to prove the
direct impact," says McKenna. "That's why Apple's gone the indirect
route, by suing device manufacturers that can modify Android."
And it's not
inconceivable that Apple eventually decides to go directly after Google,
McKenna says. If it gets on a winning streak in U.S. courts against the
rest of the handset makers, it might take a shot. "This is Act 1 in a
multi-act play," says McKenna. "Apple is on the record saying they want
to destroy the Android ecosystem, and to do that it's either going have
to go after the all the software makers, or every single hardware
manufacturer that sells these things."
Whether its Apple going
after its next victim, or the Samsung case going to appeal, Philbin
agrees there is a long way to go. "Patent litigation takes place on at
least three fronts — the district court, the patent office and the
federal circuit," he says. "What we've had so far is just the district
court's ruling and we haven't even heard from the District Judge on this
yet. So this process is far from over."
The legal process
perhaps, but as is the case in the fast-moving tech world, the design
process has already moved on. Pick up the latest Samsung smartphone and
you won't see the hardware or software features that the jury found
violated Apple's patents. Samsung has learned its lesson, albeit in a
very expensive way. Google already has a tight grip on Android, and
you're likely to see that grip tighten as it looks to avoid any of its
own patent litigation woes.
The good news for
consumers is that rather than waiting for jury verdicts in the future,
there's a good chance we'll be waiting for the next crop of smartphones
and tablets with forms and features that are distinct -- not just a
bunch of Apple copycats.
