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The products that we are using in our daily lives are the results of certain long or small innovations. This comprises of design change or product improvement. For instances, consider the example of mobile phone, which was pioneered idea by Hollywood actress Hedy Lamarr in 1940's. Since then, the improved design of mobile phone can be seen along with the functions. For such products and hence companies who initiate new ideas lawfully protect their improvement and development through the IP rights acquisition. In this paper the focus will be on Apple-Samsung patent litigation.
Today Smartphone is the most marvel innovation and communication technologies into smooth digital device. Thus, this is also termed as litigation magnet due to the function and the idea of touch screen. Currently companies have been involved in purchasing the patents and have been spending dollars (huffingtonpost).
On 25th August 2012, the decision by Federal jury in San Jose, California to award Apple Inc. of $1.05 billion from Samsung for the infringing damages on six patents. Now a day, Patent litigation is now a part of every industrial sector's innovation no matter if it is steam engines, phone, cars, cosmetic or any semiconductors. Nevertheless, Smartphone wars are much bigger wars and they are very complex.
Currently, Samsung Android-based devices i.e. tables and Smart-phones are competing and challenging severely with iPhone and iPad. Consumer and buyers are aware of the quality and features that are available in the Samsung and Apple Inc. devices. Therefore, the future for Samsung might be considerably diverse with this judgment (techcrunch.com).
Lawsuit of Apple and Samsung
The lawsuit about Apple and Samsung are knotted in two different cases. First one is starting today and the other is expected to start next year. They are involved in two different kinds of patents or rights for invention which government concedes the inventor which is known as utility patents & design patents. The features that are governed by the Utility patents are features of phone while the appearance is governed by the design patents.
In present trail, Apple Inc. is basically suing Samsung for imitating Apple's iPhone and iPad when Samsung introduced Samsung Galaxy S, Galaxy S II, beside 22 other products. The second trail will comprise of releasing Samsung devices little later that was the Galaxy Nexus and Galaxy S III (news.cnet).
Now why there are two trails. According to the law Professor Brian Love at Santa Clara University state that it is the indication of speed through which the system of justice impresses for comparing the technology. This should be notice that this is the previous models that was issues in the initial case. Whereas, Samsung assert Apple Inc. for violating few of their utility patents when they manufactured iPhones and iPads. Additionally, Samsung is claiming for more money for patent use that necessitates for giving capabilities of phone 3G.
Reason for Considering Patents
The main consideration here is what Apple is claiming for the utility patent stolen by Samsung. Looking at the WIRED, there are three types, one covers the nifty features such as "slide to unlock, pitch to zoom, tap to zoom and twist to rotate" (themes) along with this scroll and rubber banding. Beside this, little bounces that application act when scrolling too far. If Apple Inc. won the case, these features would solely with Apple Inc. as they are very essential for Smart-Phones. According to the CEO of MyCorporation Business Services and intellectual property lawyer Deborah Sweeney everyone functions with scroll and this might be argue by Samsung. This is something that cannot be patent as this feature is very useful to the Smart-phone users (articles.latimes.com).
In 2011 April, Apple began their legal conflict versus Samsung and has demanded Samsung for 2.5 billion dollars for compensation. The argument between these companies was on the infringement i.e. design patents of Apple Inc. The following Images was published is clearing describing the problem.
Looking at the above images, it seem that Samsung was awakened suddenly from the sleep through iPhone and initiated in developing a produces following the latest and hot standard design. The following quotes were made by Samsung which is necessary to be considered.
"It (the verdict) will lead to fewer choices, less innovation, and potentially higher prices".
"This decision should not be allowed to stand because it would discourage innovation and limit the rights of consumers to make choices for themselves": by Samsung lawyer, John Quinn.
If the comparison is made between Apple and Samsung, then it is clear that Samsung did not innovate and brought something new in the market rather it was Apple Inc. who initially brought new ideas along with new design and hence Samsung just adopted the trend (abovethelaw.com).
Theft of Technology
Samsung Galaxy tablets and phones series are similar to Apple's iPhone and iPad. Nearly, there was 2 dozen Samsung models were discovered for constituting guilty of design theft. The models that are similar and had similar model specification to iPhone were Galaxy S series, Galaxy Prevail, Fascinate, Mesmerize, Infuse etc. Beside this, when phones are kept on same table, it look same and nobody can distinguish between the brands iPad and Samsung Galaxy Tab. The other claim was on the user interface option that Samsung has copied which also includes bounce back feature which construct the menu and icons to bounce back when a person is tapping them. The feature of Tap to zoom is also copied from iPhone by Samsung, claimed by Apple Inc. Hence, coming back to the theme that was made in the introduction the products that we are using in our daily lives are the results of certain long or small innovations. This comprises of design change or product improvement. For instances, consider the example of mobile phone, which was pioneered idea by Hollywood actress Hedy Lamarr in 1940's similar to the case of Apple Inc. iPhone and Ipad.
Other Lawsuits Claim
If deep consideration is given to the layout of the lawsuit, one can conclude that both of them are copying each other or each has stolen features from one and other. Moreover, Seoul Court discovered that Samsung has violated one patent of Apple Inc. while Apple Inc. has violated two patents of Samsung. In UK other lawsuit in which British court had cancelled claim of Apple on the patents violation by Samsung. While in Australia, Samsung took over Apple victory and Galaxy tab was flourished over the iPad (www.globalnews.ca).
Thoughts and Strategies
In 2011, Apple battle back against Samsung illustrating the apparent design theft treated by Samsung. Reciprocally, the case filled by Samsung against Apple of 400 million. From it is obvious that in order to spectator it will appear that apple featured the authentic case. Considering the verification too which state the Samsung device is much similar to the iPhone, everyone will be in favor of Apple and will be supporting Apple rather than Samsung.
Lawsuit return by Samsung may have contributed towards the apprehensively unpleasant viewpoint. Samsung is likely to believe to be in offense which will be the best defense. Hence, this lawsuit probably constructed Samsung without constructive to the present jury.
The latest edition of Samsung Galaxy S series and Galaxy S3 comprises of mainly different design within the entire Smart-Phone line made by Samsung. Along with this, the tagline by Samsung for marketing purpose was designed for humans and attempted to drive under Apple tagline there are no straight lines in real life. These things are apparent towards t eh continuation of lawsuit (businessinsider).
At the moment, Apple comprises of upper-hand and removal of more than two dozen models by Samsung from Smart-Phone mobile market of U.S. can be demanded by Apple. The main hit will be on the Google Android if this happened as majority of the operating system in this popular device is constructed by Samsung. As far as other hardware specification details are concern, Samsung has been excellent and much better than iPhone. They consist of remarkably prominent displays generally established on AMOLED technology. Few phones comprises of model payment technology established on NFC - Near Field Communication while high speed multi-core processors and Google Wallet are in Samsung with cheaper prices than iPhone.
This was a legal win for Apple due to the new innovation developed by Apple Inc. expert state by CEO of MDB Capital Group Christopher Marlette who has specializes in intellectual property. Samsung always wants to be an innovator since many of the Asian companies have been poplar for copying the innovators designs. In order to win the case, Apple Inc. has a remarkable strategy. They lay down the facts and persuaded the juries in convincing them that their product iPhone design and functions has an investment of four years along with huge billions of investment. Their ability to prove their claim without any hesitation regarding the design copied by Samsung has much weightage than any other factor along with the acceptance by one of the Samsung witness on the copying the design formant (huffingtonpost).
Apple had already won other victories in courts in the past. The same judge who presided over this trial, Lucy Koh, was sentenced to Samsung Galaxy Nexus momentarily removed, pending a decision whether or not infringed Apple patents. In the end, Apple won because they claimed protected as intellectual property while other trail was won by Samsung (news.cnet.com).
To conclude, finally we came across more about the design process at Apple, in short, part of the veil surrounding that Apple has been removed by Samsung. The Korean company plays big in the business, but his scorched earth strategy is already paying admits i.e. the secret, that most sacred among Apple, a component of this sacrosanct Apple ID has been trampled feet. This public humiliation in the press is well worth of $ 2.5 billion that Samsung could pay if convicted and it will find the other hand control components. Another case against Samsung in California, Apple had a damage of over 1 billion U.S. dollars awarded that Samsung tries to overturn the decision while Apple has a higher amount of damage calls.
Apple awarded $1 billion in Samsung patent infringement case, retrieved from: <http://articles.latimes.com/2012/aug/25/business/la-fi-apple-samsung-verdict-20120825/>, Dated: 1st December, 2012
Apple loses Samsung patent infringement lawsuit in Japan, Retrieved from: <http://news.cnet.com/8301-13579_3-57504014-37/apple-loses-samsung-patent-infringement-lawsuit-in-japan/>, Dated: 1st December, 2012
Apple-Samsung Patent Lawsuit: Samsung Ordered To Pay Apple $1.05 Billion, Retrieved from: <http://www.huffingtonpost.com/2012/08/24/apple-samsung-patent-lawsuit-ruling_n_1829472.html>, Dated: 1st December, 2012
Samsung Strikes Back Against Apple: Files Patent Suit Against iPhone 5 In U.S.Â Court, Retrieved from: <http://techcrunch.com/2012/10/02/samsung-strikes-back-against-apple-files-patent-suit-against-iphone-5-in-u-s-court/>, Dated: 1st December, 2012
How Apple Overwhelmed Samsung In Their Landmark Patent Case, Retrieved from: <http://www.businessinsider.com/how-apple-overwhelmed-samsungs-patent-case-tactics-2012-8>, Dated: 1st December, 2012
Q&A: Apple vs Samsung patent lawsuit, Retrieved from: <http://www.globalnews.ca/qampa+apple+vs+samsung+patent+lawsuit/6442700939/story.html>, Dated: 1st December, 2012
Tech Wars: Apple vs. Samsung Heads to Trial, Retrieved from: <http://abovethelaw.com/2012/07/tech-wars-apple-vs-samsung-heads-to-trial/>, Dated: 1st December, 2012