Posts Tagged ‘apple’

Apple has condemned Samsung products as infringing its copyright and a hearing is scheduled on the 20th of September to consider Apple’s claims.

The tension between these two companies is not new. Their relationship has been quarrelsome for quite some time as each tries to vie for dominance of a smartphone market estimated to be worth $219 billion.

Though Apple requested a ban on seventeen models of Samsung phone and $2.5bn in damages, the jury reduced this to $1.05 bn owing to the Apple’s overestimation of Samsung’s profits.  Apple has never been restrained when it comes to condemning the products of its rivals.  However, not all allegations have been successful.  According to the Guardian, “the jury especially decided that the Galaxy Tab tablets did not infringe the “trade dress” of the iPad – that is, appear to be a copy.”  According to Bloomberg, when the claims were not found to have violated Apple’s copyright in the products named in the trial, instead of backtracking, Apple tried to extend the ban to products such as the Galaxy Tab 10.1 with wireless connectivity, which was not originally listed in the products Apple wanted banned.

Perhaps the real impact on Samsung is yet to be seen.  As yet, Apple have successfully banned just 17 models.  Samsung sells 152 models in the US.  Under the proposed ban is the Galaxy S2, Galaxy S.  The Nexus S and the Galaxy S3 and Galaxy Note remain unharmed.

Samsung has kept its comments restrained yet bitter, commenting that the court’s decision “should not be viewed as a win for Apple, but as a loss for the American consumer.”  Samsung believes that patent law is susceptible to manipulation “to give one company a monopoly over rectangles with rounded corners.”  It appears there remains a disagreement on the actual terms of commercially essential patents which is yet to be solved.

It now remains for the jury to give a $1bn verdict in Apple’s favour and Samsung awaits a decision on which of its phones may be sold on the market in the US.  Though Samsung has “strived to maintain a cheery face” against its recent defeat, ostensibly the world market is not trusting this façade.  According to the Register, the “South Korean firm’s stock price has dropped nearly 8 per cent on the news.”

As both Apple and Samsung wait with bated breath for the outcome of the most recent conflict, the world waits to see if there will be a winner in the race for the perfect smartphone…

© Brian Miller, Solicitor, 2012. This article may not be reproduced without the prior written permission of the author.

Brian is a solicitor at Stone King LLP.  For further news and information on legal topics of interest, please visit Brian’s other blogs:

Brian Miller Solicitor’s Games Law Blog
Brian Miller Solicitor’s IP Law Blog
Brian Miller Solicitor’s Privacy & Data Protection Law Blog