Something funny just hit me. Samsung’s “pure Google” Nexus S phone was hit with a number of software infringements in the Apple trial. This is not Samsung…this is core Google Android. However, according to patent attorney Nilay Patel who now works at The Verge, these software infringements are only for older versions of Google’s Android OS.

[tweet https://twitter.com/reckless/status/240117223828619264]

So, phones with Android 2.x are infringing on Apple’s IP. Therefore, if they are upgraded to Android 4.1, they do not infringe? By that logic, carriers and manufacturers will be forced to upgrade their handsets or else face IP infringement charges. How are they doing at upgrading so far? Google’s own market share numbers from earlier this month show a small sliver of Android 4.1 devices out there.

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Perhaps this verdict is a huge win for Android-device holders. If the verdict in this Apple case forces Android manufacturers (and carriers) to update their devices or face stiff infringement penalties, clearly the Android customer comes out ahead.

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