Intellectual property: the giants of Silicon Valley lean towards Samsung

While the legal dispute between Apple and Samsung on intellectual property issues related to their respective smartphones designs seems forever, the South Korean manufacturer has just received a weight of support from several companies in the Silicon Valley.

Indeed, as reported by the Guardian, HP, Facebook, Google or eBay and Dell have teamed up to file an Amicus Curiae on behalf of the Korean manufacturer, inviting the Court to review its judgment regarding Samsung. In 2012, Samsung was ordered to pay a billion euros to Apple, justice recognizing violations of patents related to the iPad and iPhone that Apple considered himself a victim. Since then, Samsung multiplies calls to reduce the sentence, the exact amount remains largely open to debate.

Copyright, a sensitive topic

For companies gathered behind Amicus Curiae initially spotted by the website Inside Sources “This decision, if upheld, could lead to absurd results and devastating effects on the companies that spend millions of dollars in R & D to develop new technologies. “Samsung’s supporters and remind that high tech products are complex and disparate assemblages.

They argue that condemn a manufacturer to pay a fine based on the money generated by the sale of terminals, whereas only some minor elements were the subject of a complaint, could open the door to many devastating trial for Innovation .

Amicus Curiae is an American procedure allowing more parties to comment on a lawsuit in order to “inform the court” in their review of a court decision. The procedure is typical of American law, but has also appeared in France. This is notably one of the means of action chosen by the opponents of the bill Intelligence to express their concerns to the Constitutional Council, which must rule on the text.

The Samsung lawsuit between Apple lasts for several years and has undergone several reversals situations since its early days. In 2014, the two protagonists of the case had agreed to end the pending complaints in various jurisdictions internationally and to focus only on the complaint filed with the US authorities.

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