Name: Abdulmohsen Al-Dossary Section: 102 ID: 201100014
Apple against Samsung
On April 15, 2011 a violation lawsuit was filed against Samsung Electronics Co. in the U.S. International Trade Commission by Apple Inc. Apple was accusing Samsung for using its patents in its technology. What is weird is that Apple and Samsung are both competitors and business partners at the same time. Samsung is the founder of Galaxy witch is the competitor of iPhone that has been developed by Apple. Furthermore, Apple buys Samsung screens for its smart phones and all most for all of its products, but they still went to court. It was a smartphone patent fight.
Both of Apple Chief Executive Officers (CEO) Tim Cook and Samsung CEO Choi Gee Sung have met several times before the lawsuit was filed three times, but they did not come to an agreement. The two corporations had an army of lowers that cost on average more than $500 an hour. It started by Apple accusing that Samsung stole its Apple designs and scrolling technology; on the other hand, Samsung accusing Apple for stilling its 3G transmission functionality that they developed. In much more detail the below points will clarify the breached patents:
Apple Says Samsung stole:
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The touchscreen interactions.
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The technology for how to use an API.
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The touchscreen tap-to-zoom and navigation features.
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The general ornamental design of an iPad.
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The graphical user interface for a display screen.
Samsung says Apple invaded:
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The mobile phone 3G capabilities.
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The MP3 playback technology on a mobile device.
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The communication terminal that functions as both a portable phone and a camera.
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The method for remembering a user’s place in a gallery of images.
Apple was seeking as much as $2.5 billion in damage return from Samsung. In court each side was given 25 hours to convince the jury which is made of seven men and two women. Therefore, the trials toke 17 months to get satiated. Furthermore, each side had 20 witnesses to prove his point. Apple made the most convincing exhibit in front of the jury when they asked to dime the lights of the room. Then, they held an iPhone and a Galaxy in front of the jury to show how their menu icons are so a like and asked them to tell which is an iPhone menu and which is a Galaxy menu among them. The result was convincing and Samsung had a tough time securing their argument. Furthermore, the U.S. Patent and Trademark Office granted Apple intellectual-property rights to designs. On the other hand, Samsung mainly preserved with its 3G data connections that use the GSM standards under the Universal Mobile Telecommunications System (UMTS) that it’s a stolen patents. They used a legal theory called FRAND which is known as “fair, reasonable and non-discriminatory”. This theory states that patents are key to a standard must be licensed to all comers at a reasonable price.
The trial ended on November 16, 2012 as per the Docket Report with a court ordered Samsung to pay Apple $1 billion for its breach of Intellectual Property. Even though, the trial has ended an appeal is expected as experts say. There was this strong rumor that was sweeping the internet that Samsung the paid its $1billion to Apple with 30 Trucks Loaded of 5 Cent Coins.
There is an Intellectual Property Law that protects companies as well as people. For companies like Apple and Samsung, they rely on inventions. Therefore, protecting their patent is crucial for their success. Actually, they must hire an attorney with experience in patent law to help them get protected against competitors who may take advantage of their inventions. Also, under intellectual property law there is Copyrights law that provides protection for original works of authorship. Trademarks law is another law that protects the name of your product by preventing other business from selling a product under the same name. Therefore, registering your patents, copyrights and trademarks is required if you need to sue for breach. This is done by contacting the U.S. Copyright Office and paying a fee. Once the copyright is registered, a certification will be issued. These laws and more help to promote the right environment for businesses.
Internet sources:
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Kravets, D. (2012, July 27). The Apple versus Samsung patent showdown explained. From the web site: http://edition.cnn.com/2012/07/27/tech/mobile/apple-samsung- patent-trial/index.html Accessed on December 16, 2012.
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Justia (2011, April 15). Apple Inc. v. Samsung Electronics Co. Ltd. et al. From the web site: http://dockets.justia.com/docket/california/candce/5:2011cv01846/239768/ Accessed on December 16, 2012.
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Whitley LLP Attorneys at Law (n.d.). Ntellectual Property: Apple Vs. Samsung. From the web site:http://www.whitleylawgroup.com/blog/2012/08/intellectual-property- apple-vs-samsung.shtml Accessed on Decmber 16, 2012.
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Chapter 11 - Intellectual Property. (n.d.) PMU Blackboard: Legal & Regulatory Environment of Business. Retrieved from: http://bbappsrv.pmu.edu.sa/webapps/portal/frameset.jsp?tab_id=_2_1&url=%2fw ebapps%2fblackboard%2fexecute%2flauncher%3ftype%3dCourse%26id%3d_14 593_1%26url%3d Accessed on December 16, 2012.
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