Apple vs Samsung Lawsuit Essay Sample

Intellectual belongings is defined as a work or innovation that is the consequence of creativeness. such as a papers or a design. to which one has rights and for which one may use for a patent/copyright/trademark. Apple has succeeded in winning a case against Samsung. This patent war between the two taking smart phone companies. ended up in Samsung holding to pay apple more than $ 1bn in amendss. This is a consequence of Samsung holding purportedly infringed some of the iPhone and iPad maker’s patents. This instance wanted eight of Samsungs smart phones to be banned from the market. Some rational rights violated include the bounciness back characteristic of the Apple icons. every bit good as the rapid climb in and out characteristics. On top of this. Apple has besides accused Samsung of doing similar molded phones. with curving borders. On the other manus. Samsung had besides asked for Apple to pay them $ 422 in amendss. but received no wage. Apples purpose in this whole case is to censor Samsung phones with similar Apple characteristics. In my sentiment. Samsung has done nil incorrect and they should non pay a monetary value for little similarities with other merchandises. After all. there are similar facets in all phones.

Apple is being immature and looking for a manner to do Samsung merchandises less liked. in order for Apple to hold less competition in the hereafter. The characteristics that Apple is impeaching Samsung of conflicting are highly pathetic. such as the same form with unit of ammunition borders. Almost all the phones in the universe have such a characteristic. The consequence on both companies is somewhat imbalanced. This sum to be paid by Samsung is excessively minor to impact the company. but this instance has cost Samsung some jobs. Samsung portions have risen by 3 % . every bit good as holding $ 12bn deducted from its market value. Besides. merely 8 of the 152 Samsung theoretical accounts in the U. S will be put to a arrest. somewhat impacting Samsung gross revenues negatively. But Samsung will still hold some of its celebrated phones. such as the Galaxy S3. available in the U. S market. Many of that might be banned are from the S2 series. which have already been in the market for 1. 8 old ages. On the other manus. Apple has gained the $ 1. 05bn in this patent war.

In add-on. Some Samsung merchandises will no longer be sold in the U. S. making a market spread for Apple to make full. Apple has fundamentally reduced its competition in the U. S. and made rivals believe twice approximately copying its devices. Other Smartphone companies have both gained and non gained as a consequence from this case. The forbiddance of some Samsung merchandises creates a spread for them to make full. They could make this by presenting new engineering. On the other manus. some companies may necessitate to redesign some of their undisclosed merchandises so that they have no similarities with Apple merchandises. such as the remotion of unit of ammunition borders. This could take to a barbarous case against them in concern with rational belongings. This case in Apples favour. could coerce other electronic companies including Samsung to redesign their current and future merchandises for the market. to hold no similarities to Apple merchandises. This will cut down the hazard of any barbarous cases with Apple. In the Smartphone market. most phones have similarities with one another.

Samsung isn’t the lone company to present a Smartphone with unit of ammunition corners. But why out of all the rivals. has Apple chosen Samsung to register a case against? Firstly. Apple has sued Samsung all over the universe. in Australia. Germany and the UK. Its chief job seems to hold originated in Australia where some Apple merchandises were banned due to Samsung. Apple seems to be acquiring back at Samsung in order to demo laterality. Other so both these companies being rivals. Apple sees Samsung as a menace due to its fast addition in market portion. Its sudden debut of android engineering is seen by Apple as a menace in the mid and long term. In add-on. the superior merchandise and competitory pricing. have contributed to Apples determination in seeking to extinguish Samsung. Apple might hold besides seen a slow addition in Samsungs market portion in the U. S. Samsungs steady addition of market portion. would coup d’etat Apple in the long-run. and so by registering such a case. Apple would set a arrest to this.

Cryptically. the inquiry of ‘Is it possible for Apple and Samsung to work manus in manus? ’ arises. To get down with. these two companies have been enemies for a long period of clip. Apple has ever been looking for ways to pin down Samsung. and Samsung has been seeking to make better engineering so Apple. These two companies. particularly Apple seem to hold utmost hatred traveling on between them. It can be seen that they closely watch each other’s stairss looking for spreads and errors to kick about. These two companies are some of the top Smartphone companies. lending in ferocious competition. each travel rapidlying to convey out the latest engineering. In add-on. Apple has filed another case after the current 1. demoing a ferocious conflict. This could reason that there is no manner that these two companies can be seen working together. as both of them want to be victors. But if these two companies were to walk together manus in manus. one of them would hold to give in to the other. As Apple has won the patent case. Samsung could non merely pay the amendss caused. but they could convey in a colony of shared net incomes.

This is where Samsung would still be allowed to sell its engineering. and Apple would have the rational belongings rights. Samsung could either pay a monthly fee to Apple for utilizing the patent. or Apple would have a certain per centum of net income from Samsung gross revenues. This procedure would be highly difficult to follow. but both companies would derive. However. Apple wants its engineering to stand out from the remainder. so it is really hard to see this go oning. as both the companies would non take down their barriers to one another. Stakeholders will be affected by this determination. First. consumers globally would now get down to separate between the two company smart phones and do judgements in favour of both sides. The chief affect would be in the U. S. Consumers will be limited fewer picks of Smartphone’s. besides the deficiency of some Samsung merchandises could take to potentially higher monetary values. particularly on Apples merchandises. In relation to the clients who already have some of the banned Samsung merchandises. there is nil that can be done as their smart phones have been bought before the consequences of the case. For consumers who need the banned Samsung merchandises. they could purchase the engineering signifier outside the U. S and convey it back in.

The authorities could confront more smuggling issue. as runners will convey in the now to be extremely prized Samsung engineering for secret sale in the U. S. Another stakeholder to be affected is Google. Apple has shown no clemency on Samsung. and will make so to Google. The android engineering created by Google could besides confront patent favoritism from Apple. There are some little similarities in the package in the two companies Smartphone. and in Samsungs instance. Google is responsible. To reason. in this statement by Samsung. it was said: “Today’s finding of fact should non be viewed as a win for Apple. but as a loss for the American Consumer. It will take to fewer picks. less invention. and potentially higher monetary values. It is unfortunate that patent jurisprudence can be manipulated to give one company a monopoly over rectangles with rounded corners. or engineering that is being improved mundane by Samsung and other companies. ” This non merely shows that Samsung is the victor out of this battle. but this shows adulthood. compared to the infantile features of Apple.

Bibliography:

Arthur. Charles. “What Effect Might an Apple Gross saless Ban Have on Samsung’s US Phones? ” The Guardian. Guardian News and Media. 28 Mar. 0027. Web. 04 Sept. 2012. & lt ; hypertext transfer protocol: //www. defender. co. uk/technology/blog/2012/aug/26/apple-samsung-injunction-visualised? CMP=NECNETTXT8187 & gt ; . “Engadget. ” Apple. Samsung And Lawsuit – . N. p. . n. d. Web. 04 Sept. 2012. & lt ; hypertext transfer protocol: //www. engadget. com/tag/apple. samsung. case & gt ; .

Mitroff. Sarah. “Should Google Be Runing Scared from Apple? – CNN. com. ” CNN. Cable News Network. 28 Aug. 2012. Web. 04 Sept. 2012. & lt ; hypertext transfer protocol: //edition. cnn. com/2012/08/28/tech/innovation/google-apple-patents/index. hypertext markup language & gt ; . “Now Apple’s Trying To Prevent Samsung From Selling The Awesome Galaxy S III. ” Business Insider. N. p. . n. d. Web. 04 Sept. 2012. & lt ; hypertext transfer protocol: //www. businessinsider. com/apple-samsung-lawsuit-galaxy-s-iii-2012-9 & gt ; .