• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military

2

'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032

3

Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there

1

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military

2

'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032

3

Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there

Will Apple now sue Google?

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
August 25, 2012, 7:58 AM ET

FORTUNE — There was an elephant in the courtroom when Apple (AAPL) won its billion-dollar patent infringement award against Samsung Friday, and its name is Google (GOOG).

After all, Google engineers were directly involved in developing at least one of the phones (the Nexus S) found to have infringed Apple’s patents, and every one of the accused devices was running Google’s Android operating system — the “stolen product” Steve Jobs had promised two years earlier to destroy.

So why hasn’t Apple sued Google directly?

That’s a good question. Clearly Apple made a strategic decision early on to go after the manufacturers of Android hardware — first HTC, then Motorola, and finally Samsung — rather than the company that designed their software platform.

In retrospect, it was smart move. As Apple laid out its narrative for the jury in its closing arguments Tuesday, the Samsung story was an easy one to tell. Not only had the Korean manufacturer imitated Apple’s designs down to the boxes the devices came in, but it left a paper trail that showed the company scrutinizing every aspect of the iPhone touchscreen for ways Apple’s design decisions could improve Samsung’s products.

“The mountain of evidence presented during the trial,” Apple CEO Tim Cook told employees after the verdict, “showed that Samsung’s copying went far deeper than we knew.”



Whether Google left a similar paper trail remains to be seen. Moreover, Google can claim, as it did when it was sued by Oracle, that Android doesn’t produce any direct revenue for the company, so there can be zero damages. Android may generate billions of ad dollars, but that’s a harder story to sell a jury.

“It’s all about tactics,” says FOSS Patents‘ Florian Mueller. “There’s no reason Apple would have to be afraid of suing Google directly. It’s just tactically more convenient to go against other device makers.”

Meanwhile, Apple’s legal team has plenty on its plate. One of its first tasks after Friday’s big win is to ask for preliminary injunctions that would ban the sale of all of Samsung’s infringing devices. A hearing for that request has been scheduled for Sept. 20. Apple may also want to reassert the patents it withdrew to streamline the case and ask the judge to speed up a second suit it filed against Samsung last January that asserts four more patents — some of which, according to Mueller, are even more powerful than the ones it just won with.

There are dozens of Apple v. Samsung cases around the world yet to be decided, not to mention pending suits against HTC and Motorola Mobility, now a wholly owned subsidiary of Google.

“Apple’s strategy of enforcing patents against other device makers is starting to work out, so it may stay the course,” says Mueller. “It could step up its enforcement against Motorola Mobility and later go against Motorola’s parent company directly.”

But, he adds, “If I were in Apple’s shoes the next company I would sue is not Google, but Amazon, which has an even weaker patent portfolio than Google and sells large volumes of Android-based devices with a subsidies-centric revenue model, which is even more of a threat to Apple’s margins than Google’s advertising-based model.”

Amazon (AAPL). That’s an elephant I hadn’t even considered.

UPDATE: Late Sunday, Google released the following statement (via The Verge):

The court of appeals will review both infringement and the validity of the patent claims. Most of these don’t relate to the core Android operating system, and several are being re-examined by the US Patent Office. The mobile industry is moving fast and all players — including newcomers — are building upon ideas that have been around for decades. We work with our partners to give consumers innovative and affordable products, and we don’t want anything to limit that.

About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

America’s emergency oil reserve is about to hit its lowest level since Reagan was in office
EnergyIran
America’s emergency oil reserve is about to hit its lowest level since Reagan was in office
By Jordan BlumJune 10, 2026
2 hours ago
Mortgage rates today, June 10, 2026
Personal Financemortgages
Mortgage rates today, June 10, 2026
By Glen Luke FlanaganJune 10, 2026
2 hours ago
Current refi mortgage rates report for June 10, 2026
Personal FinanceReal Estate
Current refi mortgage rates report for June 10, 2026
By Glen Luke FlanaganJune 10, 2026
2 hours ago
Current ARM mortgage rates report for June 10, 2026
Personal FinanceReal Estate
Current ARM mortgage rates report for June 10, 2026
By Glen Luke FlanaganJune 10, 2026
2 hours ago
A $7 billion horse race: Goldman Sachs and Morgan Stanley battle for ‘lead left’ position ahead of OpenAI and Anthropic IPOs
Startups & VentureFinance
A $7 billion horse race: Goldman Sachs and Morgan Stanley battle for ‘lead left’ position ahead of OpenAI and Anthropic IPOs
By Shawn TullyJune 10, 2026
2 hours ago
Visa’s CFO downplays the importance of stablecoin and agentic commerce to the U.S. payments giant—at least in the short term
Bankingdigital and mobile payments
Visa’s CFO downplays the importance of stablecoin and agentic commerce to the U.S. payments giant—at least in the short term
By Angelica AngJune 10, 2026
2 hours ago

Most Popular

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military
Asia
Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military
By Kate O'Keeffe and BloombergJune 8, 2026
1 day ago
'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032
Economy
'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032
By Nick LichtenbergJune 9, 2026
16 hours ago
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
Success
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
By Preston ForeJune 8, 2026
2 days ago
Trump, who has repeatedly called climate change fake, is now threatening Brazil with tariffs over the deforestation of the Amazon
Environment
Trump, who has repeatedly called climate change fake, is now threatening Brazil with tariffs over the deforestation of the Amazon
By Sasha RogelbergJune 8, 2026
2 days ago
Current price of oil as of June 9, 2026
Personal Finance
Current price of oil as of June 9, 2026
By Joseph HostetlerJune 9, 2026
20 hours ago
Current price of oil as of June 8, 2026
Personal Finance
Current price of oil as of June 8, 2026
By Joseph HostetlerJune 8, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.