As a lawyer it pains me to admit that the only real victors in the “back and forth” patent wars is……yep, the lawyers. The latest “victory” for Apple saw the tech giant awarded nearly $120m against Samsung. Sounds great but the original claim from Apple ran into the billions and in part here lies the problem. The patent system whether in the US or the UK is overly complicated and allows defendant and claimant to embark on claim, counter claim and generally accuse each other of wrong-doing. Net impact….. the lawyers keep on charging.
The Apple v Samsung case is just the latest in a series of armed warfare by both parties and it is hard to understand which of them feels victim or victor anymore. The patent system needs to be simplified and parties encouraged to work together. The US IP systems much more open approach to technology patents is partially to blame for encouraging parties to register and claim every aspect of their ideas which has a tendency to see the sublime, the ridiculous and the actual innovative all given the chance to register.
Anyway – no doubt the bell for round 6, 7 or whatever we are on now will soon ring and both Samsung and Apple will commence battle. Somehow I foresee a score draw for them both (lawyers excluded).