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Apple and Samsung Case

Appleand Samsung Case

Appleand Samsung Case

AppleInc. and Samsung Electronics Company Limited have engaged in severallawsuits concerning the design and manufacturing of tablets andsmartphones in the recent past. The sales made by these two firmsaccount for a half of the total units of smartphones sold globally inthe year 2012. However, things turned sour in the year 2011 whenApple Inc. began litigations against Samsung concerning theinfringement of patents. The lawsuits filed in several regions cameto be popularly known as the smartphone patent war as companiesengaged in fierce competition for the worldwide consumer market. Thelegal disputes increased over time to reach ten countries and theclaiming of billions of dollars as compensation. Apple won cases inthe United States, while Samsung won in Korea, Japan, and the UnitedKingdom [ CITATION Nil11 l 1033 ].

Issueabout the Case

Inearly 2007 before the launch of the iPhone, Apple filed patents forthe smartphone’s design that covered the basic shapes. Later on,the company filed several other color design patents and userinterface designs. It is thus from these submissions that the Applecompany selected several intellectual properties that were broughtagainst Samsung. The company alleged that a considerable number ofthe products created by Samsung including smartphones and tabletsencroached on the intellectual property of Apple, its patents,trademark user interface and most of all, the style. Some of thenamed devices included the Nexus, S, Galaxy S and the Samsung GalaxyTablet (Moore-Bick et al., 2014). The complaint specifically pointedat patent infringement, false origin affiliation, and unfair methodsof competition, violation of the standard trademark law and unfairways of enrichment. The evidence was submitted to the courts, and itincluded a comparison of iPhone and Galaxy S alongside each other inan attempt to show the similarities concerning packaging and the userinterface.

TheU.K Ruling

SamsungCompany forwarded an application in the United Kingdom declaring thattheir tablets were not significantly similar to the Apple’sproducts. Despite a counter-claim delivered by Apple, Samsungprevailed after the judge ruled that there was no sufficientsimilarity between the gadgets in question. The judge added that thedifference was enough that customers cannot confuse the iPad with aSamsung tablet. However, another ruling denied an injunction motionagainst Apple while ordering Apple to publish a proviso in itswebsite and other media showing that Samsung did not infringe on thepatents. As such, the court of appeal upheld the previous rulingcompelling Apple to do as asked. The judges purported that theacknowledgment that Samsung was not copying should originate fromApple Inc. [ CITATION Bri12 l 1033 ].

Analysisof the Case

AppleInc. filed approximately sixteen specific claims against Samsung.This is a clear indication of the seriousness of copying and also theimplications concerning brand name and originality. Matters relatedto patents are extremely sensitive, and Samsung might have to treadcarefully. However, some critics might also claim that the lawsuitsare used by Apple as a means of gaining competitive advantage. Thiscould be true, but the repercussions of such a stunt can even be farmuch detrimental to such a renowned firm. Despite the similaritiesthat could be present in the products made by these two companies, itis important for both organizations to develop particular patentclaim which will act as the foundations of their products. Dependingon the strength of evidence, the ultimate solution to this row mightinvolve settling of the claims while pushing further for trademarksand trade dresses as far as possible. Needless to say, the aestheticsof a manufacturer can be lost if such regulations are not upheldjustly and with a sober mind.

References

British Broadcasting Corporation. (2012, October 18). Apple loses UK tablet design appeal versus Samsung. Retrieved from BBC: http://www.bbc.com/news/technology-19989750

Moore-Bick, L.J., Rimer, L.J. and Kitchin, L.J. (2014, March 18). UK – Samsung v Apple. Retrieved from EP Law Patent Blog: http://www.eplawpatentblog.com/eplaw/2014/03/uk-samsung-v-apple.html

Patel, N. (2011, Apri 19). Apple sues Samsung: a complete lawsuit analysis. Retrieved from The Verge: http://www.theverge.com/2011/04/19/apple-sues-samsung-analysis