Yesterday, jurors in the latest courtroom battle between Apple Inc. (NASDAQ:AAPL) and Samsung sent no fewer than five requests for additional information to Judge Lucy Koh. Four of the five requests were turned down flat by the judge, but the tenor of the juror queries reveals that Google’s (NASDAQ:GOOG) role is looming large in the minds of the eight men and women assigned to decide the case. The Mountain View-based tech firm may yet prove to be the shield with which Samsung defends itself, by shifting the blame for the infringement elsewhere.
Steve Jobs once famously remarked that he was preparing to wage “thermonuclear war” against the infringing Android system, and one question was related to whether or not Mr. Jobs specified Google (GOOG) as one of the targets of his planned legal “bombardment.” This suggests that jurors believe the trial may be the latest round of a long-standing grudge match between the two California-headquartered enterprises.
If this is the case, then the specific infringement charges might be dismissed entirely as nothing but a pretext for continuing a feud over market share under the plausible cloak of patent violation. Considering that Google has offered to pay some or all of Samsung’s legal fees and the damages assessed, if any, jurors may be loath to give Apple Inc. (AAPL) the award it seeks.
Samsung presented an email from the Apple founder stating that 2011 was the year to launch a “Holy War with Google,” and repeatedly stressing that finding ways to compete successfully against this rival was the top priority of the day. The name of Google crops up over and over again in the lengthy, though sketchy, electronic missive. Mr. Jobs’ phrases suggest that the company was Apple’s chief competitor. Again and again, he mentions that Google is “ahead” and that it is necessary for Apple to “catch up.” What better way to catch up, some might think, than to hamstring the opposition with trumped-up lawsuits?
It would indeed be an irony of fate if Apple’s (AAPL) case against Samsung’s undoubted copying were to founder on the rocks of Steve Jobs’ own words. Apple itself may have fumbled when it revealed last week that Samsung’s defense is being supported by Google. The combination of Mr. Jobs extravagant statements of hostility and Apple’s own defense strategy might just result in a win for Samsung in the latest trial – or at least a draw in which few or no awards are made.
