Xueba Fengyun

According to the judicial practice in the United States, no matter how far the proceedings in the court go, the lawyers will always arrange for the two parties to negotiate.After all, judicial proceedings in the United States are very lengthy, and it is difficult to achieve results without a few years of litigation.In particular, it is possible for some large-scale lawsuits to last for more than ten years.

For example, there was a case against the American Tobacco Company. The entire case nearly exhausted the plaintiffs (after all, most of the smokers who sued the tobacco company had various terminal diseases), and the first trial of the entire case has not yet been completed.In the end, the plaintiff's lawyer and the plaintiff's team had to reach a deal with the tobacco company and take a sum of money to complete the lawsuit.The case of Google v. Titan is also the same. Although this case has been going on for more than three months, the case has only reached the pre-trial stage.

There is no jury in the pre-trial, and it is completely decided by the judge, mainly to determine which evidence is available and which evidence is not available.Only at this stage, the clarification of the evidence between the two parties has not been completed halfway.According to the estimation of Titan's legal team, it is estimated that it will take at least half a year to a year to enter the formal litigation stage.However, Google has filed a court injunction to request that Titan's products cannot be sold in the United States for the time being.

However, the U.S. courts dare not open such an opening. After all, apart from the two major businesses of smartphones and smart tablets, Titan Group also owns multiple businesses such as smart home appliances, software development, and Internet operations.If the business of the entire Titan Group in the United States is suspended because of the suspected infringement of the Titan mobile phone, I am afraid that it will provoke retaliatory anti-dumping actions from Huaxia.Moreover, this court is only a judicial court in California, not a judicial court in the United States, so they only temporarily banned the sale of Titan phones and Titan tablets within California.

The reason why Liu Miao chose peace talks is mainly because the cost of litigation in the United States is too high.Moreover, the American judicial system itself also encourages plea bargaining. As long as the parties reach an agreement with a lawyer, the judge can execute it after reviewing it.If the lawyer's mediation fails, the judge will appoint a special mediator; if it is still invalid, the judge will personally act as a mediator.There are actually not many lawsuits that really require a grand jury to appear.And even in such lawsuits, many are settled before the jury has reached a verdict.Unless it is really an endless relationship, Americans seldom insist on prosecuting the case to the end.

To put it simply, for a simple murder case in China, it usually takes about a year to get to the death sentence. Finally, after waiting for a month, the Supreme Court's approval letter will basically be executed within half a year.But the United States is different. The general death penalty lawsuits are tried in the state judicial system.There are two levels from the District Court to the Supreme Court, and even if the District Court has ruled the death penalty, it needs to be reviewed again by the grand jury to determine whether to execute the death penalty, so this is the first instance; then you can appeal to the Supreme Court, although the state The Supreme Court is the final judge.

However, there is no death penalty in the federal judiciary of the United States, so you can decide whether the ruling is unconstitutional, because the Eighth Amendment to the U.S. Constitution has a clause that "prohibits the imposition of cruel and extraordinary punishments", so the defense lawyer can apply for a habeas corpus order based on this Even if he loses this time, he can go to the Supreme Court in the federal appeals court.

Even if the Federal Supreme Court ruled that the death penalty is not a problem at this time, the lawyer can appeal again on the execution details, because both the electric chair execution and the three-needle injection method are considered inhumane, so the habeas corpus lawsuit is filed again.Basically, unless you are in the deep red state in the southern United States, other states will impose the death penalty for a murderer, and it will not last for more than ten or twenty years.

This time the peace talks were held in a business meeting room of the Four Seasons Hotel. Apart from the core leadership, both parties were accompanied only by lawyers.But even so, there are dozens of members on both sides.Because of this, only the main staff can be accommodated in the conference room, and some auxiliary staff and assistants are arranged in the two large offices next to it.Seeing such a posture, Liu Miao suddenly remembered the actions of her lawyer team to scare Qiqi a few days ago.

It's just that this time, the number of people on both sides is about the same, so no one can scare the other.Liu Miao didn't look directly at the people at Google, this was requested by the lawyer, and at the same time Liu Miao looked down on them.In the previous life, only Samsung used such a boring and low-level strategy against Apple. I didn't expect that it was actually used by Google in this life.So Liu Miao has downgraded Google to a second-tier company in his heart, and is no longer a first-tier company that can pose a threat to Titan like Apple.

In Liu Miao's opinion, such a peace talk is not of great significance, because Titan and Google are really in an endless situation.According to the statistics of the American Mobile Phone Industry Association, in the United States and even the entire North American market, Titan mobile phones rank first with a market share of 32%, and Apple ranks second with a market share of 20%, although Android phones also occupy 30% of the market. % of the market, but that is the entire Android army, not to mention that Samsung, which has a market share of 15%, is on the fence.The rest of the market is dominated by veteran phones such as Nokia, Microsoft, and Motorola.

So Google feels very uncomfortable now. They know better than anyone else that the next miracle of the Internet is the mobile Internet.As a terminal of the mobile Internet, the mobile phone market is the last market that Google cannot lose in the future.So this time the peace talks will either result in Liu Miao's surrender, or there will be no results.

"I think I understand what you mean. In fact, your purpose is not patent infringement at all." After discussing for a day and a night, Liu Miao said, "Your purpose is very simple, or we will fight patents with you. If you file a lawsuit, you can win a one-year or even longer injunction, so we Titans must lose the North American market; or we disclose the source code to prove that you lost the lawsuit, but the result is that our core code is mastered, so we are undefeated and defeated .”

Liu Miao's statement is actually the reason analyzed by many journalists. In fact, Google neither admits nor denies this statement.Liu Miao also has to admit that Google is indeed invincible.If you lose the infringement lawsuit, the North American market will be completely lost; if you win the lawsuit, you must hand over the core source code for inspection, and then the development of Titan's intelligent system will be completely exposed to everyone; even if it is undefeated now In the midst of anxiety, Google could also apply for an injunction to block the entry of the Titan phone.

If there is no entry of Titan mobile phones in the market for a long time, then the market share of Titan will of course be occupied by other manufacturers.Consumers need mobile phones, of course, is a rigid demand, but the need for Titan mobile phones is not a rigid demand.As long as the injunction drags on for a year or so, the vitality of the Titan mobile phone will also be greatly damaged.

Naturally, Google would not respond to Liu Miao's question, so Liu Miao could only sneer and said, "Actually, Titan never thought of becoming a monopoly, otherwise we would have been able to dominate the global market with our strategy. What we hope There are more people entering this market, and then relying on everyone's wisdom to improve this market. But now it seems that some people's ambitions are really too big! You Google keeps saying that we are monopolizing, so what about you? Why do you Until now, you only dare to declare that your open source projects are only open source, why not just release the copyright? Don’t you use the name of open source to let your programs occupy the market, and finally counter the market? Don’t hide it, everyone. Come on, I will give you 24 hours to either reach a settlement agreement that satisfies me, or wait for my revenge! Well, let's go!"

Following Liu Miao's order, a group of lawyers and legal assistants followed Liu Miao and left the Four Seasons Hotel.The reporters outside the hotel naturally wouldn't let go of such a good interview opportunity, but it's a pity that the hotel security and Liu Miao's personal bodyguards are really awesome.Except for Liu Miao's displeased face, the reporters didn't get any news.But even so, Liu Miao's stinky face photos were quickly published on major media outlets across the United States for reporters and guests to analyze the current negotiation situation.However, when analysts vowed that there would be more rounds of negotiations, Liu Miao flew back to Huaxia with his team of lawyers in addition to leaving behind a small number of lawyers.However, when he was at the airport, Liu Miao accepted a brief interview with the media.

In response to Google's non-cooperative attitude, Liu Miao said, "The door to a peaceful solution has been closed. Titan Group has never been a company that is afraid of blackmail and evil forces. We will launch a series of countermeasures. Don't say it is unexpected. also!"

Liu Miao's speech at the airport was almost broadcast across the United States in the form of live broadcast. Although many reporters and analysts believed that Liu Miao was really stubborn, some analysts believed that Liu Miao was planning to win the support of domestic departments. The entire lawsuit has escalated into a trade war between countries.However, while the media were making various analysis, Liu Miao was discussing with several core management members while watching the news in the personal office of the private jet.

"Actually, when I acquired Sun Microsystems, I didn't expect that I would use this trick. My idea at the time was not to be pinched to the door by others, but I didn't expect to pinch the door to everyone's life in the end. Let The legal department of the company drafted a lawyer's letter, warning Google and its servants that if the lawsuit is not withdrawn within the time limit set by me last time, then Titan will use all its strength to deal with its enemies."

After instructing the lawyer, Liu Miao turned off the TV, and closed his eyes on the recliner for a while to rest.Until the secretary notified him, Liu Yan called, "I read the news, I guess you are going to use that trick, right? That's killing one thousand enemies and losing eight hundred!"

"Then is there any way to break the situation?" Liu Miao couldn't help but smiled wryly, "Google obviously won't stop until we are killed! And to be honest, since the other party is not benevolent, why should I stick to morality and the bottom line? Since I can start the era of smartphones, and I can also ignite the flames that destroy everything. I also want to let them know that I am not easy to mess with!"

Until the time for Liu Miao's ultimatum passed, Google did not issue any explanation.In their view, the Titan Group has already lost.However, just one second after the ultimatum time passed, major news agencies and technology media around the world received a notice from the Titan Group, accompanied by a legally meaningful explanatory letter.

After reading the notice, the editor-in-chief of America's No. [-] technology media "Wired" exclaimed: "God! What have we done? Google has really unleashed the monster from hell. This senseless war will make Our Internet and computer industry has set back at least ten years!"