Courtesy of JonnyQwan Raging bull #'s 356015 and 356016:
From a recent court filing from Vertical vs LG in Texas:
PLAINTIFF, VERTICAL COMPUTER SYSTEMS, INC.'S, RESPONSE IN OPPOSITION TO LG ELECTRONICS MOBILECOMM U.S.A., INC. AND LG ELECTRONICS INC. MOTION TO SEVER AND TRANSFER CLAIMS TO THE U. S. DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY OR IN THE NORTHERN DISTRICT OF CALIFORNIA Filed 08/10/12
My favorite paragraph follows:
"Samsung and LG infringe these two patents through their manufacture, importation and sale of cellular telephones and tablet computers having an Android operating system. In fact, for purposes of this litigation, the accused products of Samsung and LG are essentially the same. They all include the Android operating system, which forms the basis of Vertical's claims of infringement. (The Android Operating system originates from one company Google.) Thus, the infringement contentions and claim charts provided by Vertical in this action cover the same claims and the same accused technology. Vertical attaches its claim charts for Samsung as Exhibit C and for LG as Exhibit D. A comparison of these two sets of claim charts shows that the evidence on the issue of infringement is essentially the same for both Samsung and LG."
Sweet Dreams!!!!
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# 356016:
And then there is more........
From the same filing.... I wonder why they keep mentioning GOOGLE???
"D. Cooperation Between LG, Samsung and Google
As stated above, LG and Samsung, for purposes of these patents-in-suit, have essentially the same products, with relevant parts sourced from the same company (Google), which cooperates with LG and Samsung to see that these parts (the Android operating system) adhere to Google's compatibility requirements. When Samsung filed its motion to transfer on February 25, 2011, STA's director of project management, Seo-Won Kwon, filed a declaration stating that:
10. STA maintains a development lab in San Jose, California, which works with Google on the Android-related aspects of Samsung's Android Devices. This lab performs a variety of software engineering work related to the Android platform, including optimizing device performance and conducting internal benchmarking. The lab also works closely with the Android team at Google to ensure that Samsung's Android Devices adhere to Google's compatibility requirements.
(Declaration of Seo-Won Kwon attached as Exhibit H).
Mr. James Fishler, LG's Marketing Vice President, in his declaration supporting LG's present motion was not quite as forthcoming as Mr. Kwon, but he, nonetheless, admitted that LG "works with Google's Android focused engineers and support staff located in Mountain View, California."
Based on these admissions, one can easily conclude that both LG and Samsung use the same operating system and they both cooperate with Google to meet Google's compatibility requirements. The evidence on infringement, invalidity and unenforceability is entirely the same for both LG and Samsung."
Think about it.... which customers of Google would you pinch, if you were attempting to cause Google some discomfort???
Maybe their largest (Samsung) and their second largest (LG)???
"C'est pire qu'un crime, c'est une faute"
