ITGS-HL
04/09/12
Case Study on the Apple Lawsuit against Samsung:
Intellectual property is defined as a work or invention that is the result of creativity, such as a document or a design, to which one has rights and for which one may apply for a patent/copyright/trademark.
Apple has succeeded in winning a lawsuit against Samsung. This patent war between the two leading smart phone companies, ended up in Samsung having to pay apple more than $1bn in damages. This is a result of Samsung having supposedly infringed some of the iPhone and iPad maker’s patents. This case wanted eight of Samsungs smart phones to be banned from the market. Some intellectual rights violated include the bounce back feature of the Apple icons, as well as the
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Samsungs steady increase of market share, would takeover Apple in the long-term, and so by filing such a lawsuit, Apple would put a halt to this.
Mysteriously, the question of ‘Is it possible for Apple and Samsung to work hand in hand?’ arises. To begin with, these two companies have been enemies for a long period of time. Apple has always been looking for ways to trap Samsung, and Samsung has been trying to create better technology then Apple. These two companies, especially Apple seem to have extreme hatred going on between them. It can be seen that they closely watch each other’s steps looking for gaps and mistakes to complain about. These two companies are some of the top Smartphone companies, contributing in fierce competition, each hurrying to bring out the latest technology. In addition, Apple has filed another lawsuit after the current one, showing a fierce battle. This could conclude that there is no way that these two companies can be seen working together, as both of them want to be winners. But if these two companies were to walk together hand in hand, one of them would have to give in to the other. As Apple has won the patent lawsuit, Samsung could not only pay the damages caused, but they could bring in a settlement of shared profits. This is where Samsung would still be allowed to sell its technology, and Apple would own the intellectual property rights. Samsung could either pay a monthly fee to Apple for using the patent, or Apple would
When it comes to Apple products we think of the iPhone, iPad, mac, and countless other products. Apple is the number one seller in the world right now, so of course companies are going to do whatever it takes to compete. Even if that means stealing some of their layout, the way the phone operates, and even looks. That is exactly what Samsung did to Apple. They stole things from Apple and Apple sued for patent infringement. Apple won in the end and was rewarded $1 billon in the end from Samsung.
v. Samsung Electronics Co., Ltd. was the first of a progression of continuous claims between Apple Inc. what 's more, Samsung Electron ics in regards to the outline of advanced cells and tablet PCs; between them, the organizations made more than 50% of PDAs sold worldwide starting July 2012. In the spring of 2011, Apple started disputing against Samsung in patent encroachment suits, while Apple and Motorola Mobility were at that point occupied with a patent war on a few fronts. Apple 's multinational case over innovation licenses got to be known as a versa tile 's component gadget "Cell phone patent wars": broad case in furious rivalry in the worldwide business sector for customer portable correspondences. By August 2011, Apple and Samsung were prosecuting 19 progressing cases in nine nations; by October, the lawful question extended to ten nations. By July 2012, the two organizations were still entangled in more than 50 claims far and wide, with billions of dollars in harms asserted between them. While Apple won a decision to support its in the U.S., Samsung won decisions in South Korea, Japan, and the UK. On June 4, 2013, Samsung won a constrained restriction from the U.S. Universal Trade Commission on offers of certain Apple items after the commission discovered Apple had damaged a Samsung paten.
Apple is the largest company in the field of smart phones and Apple depends on a marketing mix suited to the wishes and ambition of all customers.The strategy is to set a high price for the new product to harvest the maximum returns of layer after layer of market segments that welcome a high price, and the company is achieving less sales but more profitable. Apple maintains its value in the case of resale for long periods even after the issuance of a new phone, a small proportion to suit the needs of the market after I reached the stage of saturation in a way that ensures the preservation of the external image of the company (in my country not to insult the product).Samsung is relying on a completely different policy, the Penetration strategy
Firstly, Apple is very similar to Samsung with respect to the size of the companies. Steve Jobs and Steve Wozniak, two important people who were expelled from a college, founded Apple Company in 1976, when the first Apple computer was released. (Nostoptechnology, 2009) Unlikely to Apple, Samsung was founded in 1938 by
Samsung is the main competitor of Apple’s iPhone as Samsung is purely android based while iPhone has its own software but they are highly competing in smart phones market. Share of competitors in market are shown:
Apple must pay $450 million as U.S. Supreme Court wrote the final page of an antitrust suit against the company on charges of participating in a major conspiracy to raise the prices for e-books-reported Bloomberg. the profile-case dates back to a 2012 lawsuit when the Cupertino giant appealed to the Supreme Court, which was declined by the justice.
By making products with the idea of profit in mind, Apple, without Jobs, was blinded from seeing what products would require for the evolution of the digital world. Jobs never had a desire to profit from his products, but rather desired to benefit humanity and change the future for the better though his new devices. Such a wish led to his products being innovative and, essentially, an invention that the modern, technologically advanced world could and did use as a stepping stone for larger projects which would become crucial to everyday life. However, the fact that Jobs practically led the technological realm forward lead to other companies struggling to follow Apple. One company, being Google, happened to take desperate measures that led to a large dispute at the time, being the battle between the iPhone and the Android. Google attempted to place itself back on the market by selling the Android, only to be acknowledged by Apple as a blatant rip-off of the iPhone which led to a lawsuit that Jobs was very passionate about. He cared immensely about his products and stated that he would “spend every penny of Apple's $40 billion in the bank, to right [the] wrong [of Google making the Android]. [He would] destroy Android, because it's a
Apple just won a major victory in the $1 billion lawsuit filed by rivals that alleged the company violated antitrust laws by restricting on its iTunes app files that were purchased from competing music services.
Intellectual property is any idea, book, e-book (an electronic version of a book), song, video, or movie that belongs to a creator or others that bought the right to use or copy
Intellectual property is a work that an individual or entity creates. This property may include things such as books, music or ideas. Copyright laws protect musical and literary intellectual creations. This applies whether the authors created the pieces for personal, artistic or business applications. Copyright law assigns ownership to a work, which the owner can then license other individuals or entities to use.
Apple being one of the most recognizable companies on the planet has its shares of legal issues, mainly from the patented technology it tries to protect. Companies like Samsung, Xiaomi and to an extent Huawei have constantly copied apple. Since 2011, apple and Samsung have continuously sued each other and in an unceasing effort to dominate and control the market shares in the mobile field. This in turn has turn into an International patent war with no real ending in sight.
By doing the statutory merger it continues to allow Samsung to create the device in China but decreasing the cost. As of 2013 in Samsung third quarter, its consolidating operating profit was roughly $9.56 billion, which was about 7 percent higher from the previous quarter but a gain of 36 percent from the same quarter the year before. In the case of smartphones, any many of them are manufactured in China, Samsung will need to find a competitive way to stay on top of other companies. As mentioned earlier, it would be very beneficial to do a statutory merger with a company in China, while keeping Samsung as the fore-front name of the company, which will allow Samsung to keep it well-known name.
Smartphone market is fast-moving and very high competitive due to intense competition between two big smartphone producers, Apple and Samsung. At the beginning, Apple dominated this market solely by introducing a new innovative type of smartphone by Steve Jobs that has revolutionized people lifestyle and mobile industry. A few years after launching iPhone, a new fast following competitor, Samsung came into this market, and their sales have outperformed Apple from the year 2011 (According to Chart A1 in Appendix). In term of developing their product, Samsung has created its products by following Apple’s technology since the beginning of producing its smartphone, therefore there are many patent lawsuits between them. Since Steve Job passed away, Apple has continued to develop its core competence, which is an innovation of new type of smartphone that could help them to take back their market share from its rival, Samsung. Nonetheless, the competition between Apple and Samsung will still continue intensively in the future.
Apple Inc. v. Samsung Electronics Co., Ltd. was the first of a series of ongoing lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers; between them, the companies made more than half of smartphones sold worldwide as of July 2012.[1] In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, while Apple and Motorola Mobility were already engaged in a patent war on several fronts.[2] Apple's multinational litigation over technology patents became known as part of the mobile device patent wars: extensive litigation in fierce competition in the global market for consumer
the overall market share of Samsung is more than 21% whereas apple is still at 13.9% which clearly states that there are still many areas in which Apple Inc. can develop its market and get a good numbers. (corporation, 2015)