On March 31, a $1 billion trial between Apple and Samsung began in California court. Apple was accusing Samsung of infringing on software patents related to its iPhone.
These two companies used to get along great. Their legal battle started long after Samsung started selling Android devices. Apple founder Steve Jobs hated Android and once called it a “stolen” product — a ripoff of the iPhone. Apple’s first major clashes in the smartphone wars started with Nokia and HTC in 2009 and 2010. Apple spends billions on Samsung flash memory, screens, processors, and other components. Souring that relationship with lawsuits was risky, but eventually Apple felt it had no choice.
The Apple-Samsung Timeline
Aug. 2010: The warning
Apple warned Samsung cause
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Nov. 2013: Retrial starts, Apple seeks $379.8 million
The retrial on damages invalidated by Judge Koh gets underway. Apple seeks $379.8 million; Samsung argues the amount should be $52 million. A Samsung representative concedes in court some of its devices “contain some elements of Apple’s property.” Judge Koh awards Apple $290 million in damages, bringing the Samsung’s total penalty in the first U.S. case down from $1.05 billion to $929 million.
March 2014: Samsung asked for $1 billion, immediately appeals
The $929 million judgement against Samsung in the first U.S. trial becomes official. The next day, Samsung files a formal appeal.
Steve Jobs hated Android and once called it a “stolen” product — a ripoff of the iPhone.
The second U.S. trial gets underway on March 31. Apple seeks roughly $2 billion in damages. The second trial mostly concerns different patents and different products than the first trial. Unlike the first trial, Google may be a significant presence in the courtroom. Samsung claims four of the five patent claims against it are licensed from Google as part of Android. Samsung has withdrawn its standards-essential patents from the
doi: 10.1002/j.sc.1998. (12) Court Report:Medtronic Pays Edwards $83.6m Owed for Patent Suit. 13. Edwards up, Medtronic Down after Court Hits Corevalve. 2014; Available at: http://www.veooz.com/news/DH4sahZ.html, 2014.
(3 points) What kind of defenses has the defendant raised? Or, if the case is over, what defenses did the defendant raise? If not clear in the article, what are the likely defenses?
In doing so, they used 3 different logical structures in their arguments: precedent, degree, and analogies. Tim Cook debated with a constructive argument, “to guarantee such a powerful tool isn’t abused and don’t fall into the wrong hands is to never create it” (The Guardian, 2016). This is an example of degree argument, as the audience will automatically agree with any arguments with less of bad things because it is good. Apple knows there are no other cases like this one, so there’s nothing to compare to. Letting the government into the iPhone only this one time can set a dangerous precedent that can potentially force Apple to force open every iPhone in the future at government request. This became a heated legal battle, granting the access in their products for law enforcement was compared to “a political question” by Apple with an analogy (Yadron,
The New Jersey Supreme Court unanimously overturns the convictions, ruling that the prosecution withheld evidence favorable to the defense, and orders a new trial. Carter and Artis are released on bail.
In 2011, after five-years of litigation, Judge Kimba M. Wood of the United States District Court ruled in favor of Recording Industry Association of America (RIAA) and ordered a settlement of $105 million from LimeWire. The lawsuit was initiated by RIAA in 2006, for copyright infringement violations, against LimeWire for the illegal file sharing of music by its consumers. More than 9,000 recordings were identified by music labels that LimeWire users unlawfully distributed. RIAA sought the maximum penalty of $150,000 for each song totaling $1.4 billion in damages. Although RIAA was not awarded the full amount, they hoped it served as a deterrent for music piracy by other companies in the future.
Apple has its competitors, as it is expected, and they do not fall behind by much. One of its biggest competitors is the company Samsung. For years, those two companies have been head to head in the electronical world. All over the web one can find all sorts of articles talking about the conflicts of those two companies and about how they each claim that the other one took their products and just changed its name. But thankfully, those two companies are still strong (no matter how much people complain about the other one) and they both have a lot of people supporting them. There are two sides when talking about phone and electronics: the Apple side and the Samsung side. Now, what those two companies need to be careful about is to not let their guards down and allow the competition to take over, but then again, Apple is well... Apple and they would never let that happen (they have not done it for almost 50 years, they would not do it
The following is a case investigation of lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers between them according to German courts. In July 2011, Apple sued Samsung for patent infringement, namely through items including the Samsung Galaxy Tab 10.1. Apple claims that Samsung infringed its patents in the Galaxy line of smartphones and tablets, arguing that Samsung copied the design and esthetics of Apple's ios range of devices.
Apple Inc. originated out of California in 1976. Steve Jobs and Steve Wozniak dropped out of college together to begin making technology in their garage. Apple’s technology skyrocketed becoming one of the top technology producing companies. They fell short in the nineties though, companies began to catch up and now there was more competition than before. Apple released their ipod in 2001, putting them back in the leadof the technology industry (The History of Apple). Presently, Apple is still exceeding other companies in the technology industry, such as Microsoft, Blackberry, Google and Hewlett Packard. Microsoft is Apple’s largest competitor, which is revealed through the Dupont analysis and other activity ratios, these particular ratios also make known that Apple’s numbers are not all accurate.
Wenger, Y., & Rector K. (2012, June 26). Jury Awards Waverly family $55 million in Hopkins malpractice case. The Baltimore Sun.
...awarded by a jury, this motion was denied by the judge. In the end Arnold & Porter lowered their desired settlement from $21 million to $15 million, Pittston offered $13 million. The two parties reach a settlement for $13.5 million, $8 million of which was for psychic-impairment.
The verdict came in, the jury found for the plaintiff $2 million in compensatory damages and $400 million in punitive damages. The vote was 9 to 3 in favor of the plaintiff. Nicholas slipped into the night and had a Learjet take him to Marlee.
Everyone knows Android and Apple have been rivals for years now. Each company has been developing new software and technology each year to prove who’s worthy of the #1 title. They have been competing with each other messenger, price difference, app store, product line, restrictions, and even marketing strategies. In 2012, Samsung, an Android represent, was forced to pay Apple $548.2 million for copyright infringement. This gives society a general idea of the rivalry between the two companies. I personally, along with many other consumers prefer Apple products due to its reliance and simplicity in design of software, iOS.
In other words, “Samsung sold more phones while trying to use less money into marketing with business earnings grew from the previous quarter driven by an increase in smartphone sales and decreased marketing expenses," Hyun Joon Kim, the Samsung's vice president of mobile planning told analysts. Then research firms underscored or valued the two companies' divergent financial performance to find the diversity in sales with units shipped, regarding to the Cable New Network (CNN) website which was given above. "Samsung shipped smartphones almost two times more and grew nine times faster than Apple during the quarter," said Strategy Analytics Executive Director Neil Mawston in a report digging into the first quarter. Another research firm, Juniper Analytics, estimates Samsung shipped 68 million smartphones during the first quarter, accounting for approximately 34% of the 200 million smartphones sold. In contrast, Apple Company sold 37 million iPhones during the same quarter of the year. The quarter met with the guidance Samsung had earlier provided, but it was all the more impressive because the company pulled it off despite being forced to pay out an estimated $600 million to Apple, and even before it dropped its next-generation smartphone, the S4 (which just went on sale over the weekend in the United States). The S4 is expected to keep the Samsung streak going, and one would think ought to light a fire beneath Apple. Apple has resisted bigger, and cheaper phones as the updated strategies during Samsung makes a variety of other features on the unique Smartphone. Apple has stubbornly resisted offering a lower-priced iPhone, or a handset with a significantly larger screen-size (older, discounted models don't count as a true lower pric...
The major competitors of Apple are Dell and Samsung out of which Samsung is the
Comparing the design between Apple and Samsung, they have some differences and similarities. Apple more focuses on simplicity than Samsung. Steve Jobs, was the CEO of Apple Company, always tell the employees that simplicity is the ultimate sophistication. When you look at Apple products you will realize that there look really simple, clean and unique. IPhone only has very few colors, and most of them are black and white. Touch screen and three buttons on the side are pretty much everything on the IPhones. It does not have too many different series and most of the Apple products design very similar. Compare to the Apple, Samsung smartphones have many different series and designs. Customers have options to selects their favorite designs, colors or size among the Samsung’s