Case Study: Lawsuit Apple V/S Samsung

“The digital revolution has clearly produced a large number of innovative products and services. Some of them have become multibillion pound companies and transformed a significant part of our lives” (Document 9). “Technology deserves some credit for lifting the institutional and bureaucratic barriers that often limit creative talent. In any area of creativity, creative products tended to be judged mostly by formal experts on the subject-matter. And as sensible as their views might be, they will also be affected by biases, politics and errors of judgment” (Document 9). All of this, when you boil it down means that cellphones are useful tools and should be treated as such and otherwise maximize your

The Supreme Court announced that they made a unanimous decision to declare smart phones and

* Its so-called innovative or revolutionary products do not gain the company as much credits as Samsung or Apple does. The market will test its ability to

There are many competing brands of smart phones and Samsung has reported a decline of profits in 2014. Information from GSM arena shows than Samsung released 54 new phone models in 2014 , compared with 24 by HTC , 11 Motorola and 2 by Apple, leading to increased production costs and lack focus on a specific customer segments thereby losing some of its competitive advantage (GSM Arena , 2015).The lack of popularity of its own OS (Tizen ) and dependence on Google’s Android platform makes it vulnerable on google to develop an “ecosystem”. There are component integration issues as well as loss revenue from potential App sales (Strategic Mangement insight , 2015). Negative publicity from litigation due to patents are likely to continue as technology patents are vague and Samsung with is large portfolio is likely to infringe on some of the patents (Tibken, 2014).

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.

Apple and Samsung are the two greatest organizations with an industry of the greater part the worldwide cell phone advertise. Consistently, both Apple and Samsung are getting new developments their mobiles, which extraordinarily expands their cell phone deals. Since there is though competition in the present world, Apple created a trend by introducing IPhone to the world, which is one of the best feature smartphone with high security. According to Business Insider, “Though apple is getting more profits and experiencing the first place in the market, then came the competitor Samsung, Samsung introduced the Galaxy S smartphone which made the apple market

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.

In the latest of many patent disputes the Jury agreed that the company is using technology

Even though, Samsung Company exists longer than Apple Company, it has number of major advantages and disadvantages. One of the biggest disadvantages of Samsung is that it has lost in the court against Apple and was forced to pay huge amount of money to Apple, thus undermining the authority of the company as a whole. On the other hand, the advantage of the Samsung is that it exists longer than Apple Company and has its well-established world-known brand and customer loyalty. Similarly to Samsung, Apple is also well-known company and advantage of that is that it is still growing company and has tendency to expand even more. According to the aspects described above, there are no major disadvantages related to Apple, which makes this company looks better comparing to others.

There are three underlying issues with this case. The first is with the possible long-term consequences if Apple were forced to comply with the court order. Cook’s argument is that Apple can 't just bypass the protections for one phone and expect other phones to remain secure. In an open letter to customers he wrote, "Once created, the technique could be used over and over again, on any number of devices,” going on to say, "In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks." The FBI continues to say that after this one use Apple can destroy this software, which would eliminate the risk they are worried about. But this disregards they fact that in a digital world nothing can be so easily destroyed. Once created the possibilities of the technology getting into the wrong hands are huge. Apple is not alone in this opinion; many of the large technology firms are in agreement including Google, Microsoft, Facebook, and Twitter. These companies are aware that if the FBI is successful in their suit against Apple, that they will be next in line for similar suits against them.

The first cell phone call was made on April 19, 1973 by Motorola employee Martin Cooper, since then cell phone have been getting more innovative and enhanced as times passes . When the cell phone was first manufactured I don’t think Martin Cooper, had in mind what wild, astounding, idea he had brought to the light, and how much the cell phone would evolve over the years. The two powerhouse companies responsible for most of the cell phones that are circulating around the world are Samsung & Apple, these two companies history with each other don’t date back that far, but they have sued, and tried to outsmart each other numerous amount of time. Over the years of the Samsung vs Apple have sued each other for an amount of money over a billion dollars, and lawsuits stretching across four different continents just to keep company safe, and free of copycats. The two backgrounds of the company are very different and started during different periods of time, Samsung which was originally called Sang hoe was founded in 1938 by a big landowning family by the name of Lee Byung-chull, and the apple started in 1971. Samsung they started as a small trading company with forty some employees it was originally located in Su-Dong, they mainly dealt with groceries being produced in and around the city, they even produced their own noodles. This company seemed to have a good beginning, selling groceries and having their own home made noodles. It was when in the 1960’s Samsung shifted their

The case of Apple versus Apple is a great example of subjective relativism, and the dispute can be explained by the theory, in the sense that there is not a clear discernible right or wrong. It depends on how the case is viewed, and which way the viewer may be on. Apple Corps' lack of foresight is what caused them to lose. Many people at the time believed that Apple Computer would lose the lose the suit and were also preparing for the fallout in the case that they lost, and a subsidiary business with a different name so that they could continue to sell music and the iPod. However, in highsight, the ruling went in the right direction, in the favor of Apple Computer, but the line of theory at the time was contrary to common wisdom. Apple

Qimonda AG, a German semiconductor manufacturer, had patent cross licenses with many of its competitors. Such licenses, in industries like electronics, allow parties in effect to have a truce with respect to patents, so that they may proceed their respective businesses. Qimonda file bankruptcy and ceased operations, so no longer needed the protection of the cross licenses. Rather, it terminated the licenses under German bankruptcy law, to replace them with licenses under which it would receive royalty payments.

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.

On Friday, August 31, 2012, The Tokyo District Court ruled that Samsung’s Galaxy smartphones and tablets did not violate an Apple patent on technology that synchronizes music and videos between devices and servers.[21] The three-judge panel in Japan also awarded legal costs to be reimbursed to Samsung. Presiding Judge Tamotsu Shoji said: "The defendant's products do not seem like they used the same technology as the plaintiff's products so we turn down the complaints made by [Apple]." An unnamed spokesperson for Samsung said: "[We will] continue to offer highly innovative products to consumers, and continue our contributions toward the mobile industry's development."[22]