Saturday 25 August 2012

Patent plaintiff success drops in N. California U.S. courts

Will Apple prevail in its patent suit against Samsung in a Northern California court? A new report indicates the chances for the plaintiff to succeed in that federal court district has gone down in recent years.

The courtroom where Apple Inc. (Nasdaq: AAPL) and Samsung Electronics are awaiting a jury's verdict in their patent infringement trial may not be in the friendliest location for plaintiffs in patent litigation.

The Silicon Valley/San Joe Business Journal said that a report due out after Labor Day shows a trend for the Northern California federal court district where the court of U.S. District Judge Lucy Koh is located in an area where the percentage of cases won by plaintiffs in patent cases has gone down in recent years.

According to the report by PricewaterhouseCoopers, between 1995 and 2000 plaintiffs were victorious in about 36 percent of the cases. But between 1995 and 2011, the percentage of success for plaintiffs has fallen to just 22.6 percent.

That makes the Northern District of California one of the least likely places for a plaintiff to win. Apple is the plaintiff in this case.

Who knows what that means in the current case being deliberated in San Jose. We'll find out when the jury returns its verdict.

A decision was reached on the Apple vs. Samsung patent saga in Korea, however, where a court ruled that each company had infringed on each others patents. The Korean court fined each company and ordered a ban on sales on what are essentially older devices made by each company.

The decision in the California case is being watched closely. Its outcome could have an a huge monetary effect on the loser.

Apple has a strong retail presence in North Texas with Apple Stores in Dallas, Fort Worth, Plano, Frisco and Southlake. Dallas-based AT&T Inc. (NYSE: T) is the largest carrier of Apple's iPhone in the nation.

Samsung's U.S. telecom division, Samsung Telecommunications America, is headquartered in Richardson.

Lance Murray edits and writes for the DBJ's website and can be reached at 214-706-7106

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Source: http://feeds.bizjournals.com/~r/bizj_national/~3/ZXsP8ZojqWA/patent-plaintiff-success-drops-in-n.html

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