Microsoft Real Victor in Apple vs. Samsung Showdown Discussion

[Vince Font]

Is Microsoft the real winner in Samsung-Apple patent infringement decision?

Read the full content of this Article: Microsoft Real Victor in Apple vs. Samsung Showdown

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[Hook]

Frankly, I think it is way too early to make most of the claims in this article, at least at the level of hype displayed here. There is a lot that will shake out in appeals courts, which have not been as friendly to Apple's claims as a Silicon Valley jury pool has been. It may clear some older models off the shelves, but my impression is that a lot of the adjustments have already been made or are are in the planning stages.

Second, MS doesn't get any benefit if they can't convince people that WinPho 8 is actually a good idea. If the tile interface were my only choice, I'd be getting out of the Smartphone market.

[Mitlov]

Right after the jury verdict was announced, Microsoft's Bill Cox, senior director of Windows Phone marketing communications, tweeted "Windows Phone is looking gooooood right now." Obviously Samsung and Motorola and Google itself will fight these sorts of lawsuits to the bloody end, but if I were a smaller-scale manufacturer who couldn't afford the cost of this litigation or the potential verdicts (HTC, LG, Sony, etc), I'd be looking long and hard at putting more focus on WP8 as a litigation-free option. So in that sense, I think the article is definitely fair.

Hook, you'd really choose no smartphone at all over an aesthetic dislike of an operating system? Seriously? Does a subjective aesthetic matter really mean more to you than being able to surf the web and check email and the like on the go? Take iOS, put solid-color backgrounds behind icons, make icons 2D instead of 3D illustrations, and add widget functionality, and you've got WP8.

As for prediction of whether consumers will adopt WP8, the best indicator is probably Nokia's stock price. With WP8 approaching, it has been consistently rising. From a low of $1.69 on July 17th, the stock price has steadily risen to $3.35 (and rising). Investors think WP8 will be a commercial success.

[Hook]

Right after the jury verdict was announced, Microsoft's Bill Cox, senior director of Windows Phone marketing communications, tweeted "Windows Phone is looking gooooood right now." Obviously Samsung and Motorola and Google itself will fight these sorts of lawsuits to the bloody end, but if I were a smaller-scale manufacturer who couldn't afford the cost of this litigation or the potential verdicts (HTC, LG, Sony, etc), I'd be looking long and hard at putting more focus on WP8 as a litigation-free option. So in that sense, I think the article is definitely fair.

Hook, you'd really choose no smartphone at all over an aesthetic dislike of an operating system? Seriously? Does a subjective aesthetic matter really mean more to you than being able to surf the web and check email and the like on the go? Take iOS, put solid-color backgrounds behind icons, make icons 2D instead of 3D illustrations, and add widget functionality, and you've got WP8.

As for prediction of whether consumers will adopt WP8, the best indicator is probably Nokia's stock price. With WP8 approaching, it has been consistently rising. From a low of $1.69 on July 17th, the stock price has steadily risen to $3.35 (and rising). Investors think WP8 will be a commercial success.

Actually it is as much a functional dislike as an aesthetic one. And I rarely surf the web or check email on the go. ;-)

[questionfear]

I agree with Mitlov. I don't see Samsung throwing away Android, but the smaller Android players are getting squeezed by patent litigation and Google doesn't care. It isn't just Apple either-Microsoft has some rock solid patents, and iirc many Android devices already pay a royalty to Microsoft for patent violation.

Frankly, if they are already paying Microsoft and there's a threat of serious litigation from more third parties like Apple, and Google isn't offering any help...well...why not cozy up to Microsoft? The handset makers are already paying them, and Microsoft has a deep patent portfolio that can keep patent litigation away for fear of mutually assured destruction. As a stopgap until the patent stuff shakes out, WinPhone is probably a less litigious option by a very long shot.

[Hook]

I wasn't actually disagreeing with the idea that there is some advantage for Microsoft. I was criticizing the level of hype in the tone of the article. ;-)

[Mitlov]

There is never too much hype for Windows Phone 8

[Hook]

There is never too much hype for Windows Phone 8

Lol. +1 (for the great comeback, not necessarily for WP8). ;-)

[Varjak]

I agree with Hook's first post. Not a very well-considered piece IMO (see how quick it was?).

First, I have serious doubts that the verdict will stand. Second, it will be appealed no matter what. Third, the changes are so easy to make, that it shouldn't hold up Samsung's (or anyone's development) by much. In fact, maybe they'll sit back a bit and really innovate.

Edit: Plus, it's a grossly misinforming headline. Maybe it was attempting to be funny, like Yale beats Harvard 29-29 (a real headline btw); but it really only is likely to confuse a casual reader.

[Mitlov]

---

I agree with Hook's first post. Not a very well-considered piece IMO (see how quick it was?).

First, I have serious doubts that the verdict will stand. Second, it will be appealed no matter what. Third, the changes are so easy to make, that it shouldn't hold up Samsung's (or anyone's development) by much. In fact, maybe they'll sit back a bit and really innovate.

Edit: Plus, it's a grossly misinforming headline. Maybe it was attempting to be funny, like Yale beats Harvard 29-29 (a real headline btw); but it really only is likely to confuse a casual reader.

The injunctions won't hold Samsung back much, considering they don't apply to Samsung's current lineup (most notably the S III), but the money damages aspect is huuuuuuuge. Over a billion dollars is no pocket change, even for Samsung. For HTC, which isn't nearly as profitable as Samsung yet also has a similar case by Apple currently filed against it, that's got to be awfully nerve-wracking.

And while it will be appealed, no doubt, I doubt the appeal will be successful. The Ninth Circuit doesn't review the jury verdict de novo and ask if it would reach the same conclusion if it had the case from day 1. Instead, it'll be asking (1) if the Court made any reversible error in any of its legal rulings (rulings on evidence, etc), and (2) if there is evidence in the record which supported the jury verdict (the "no reasonable juror" test). It's almost impossible to meet the second standard, and it's going to be an uphill battle for Samsung on the first.