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Samsung vs Apple company
Samsung vs Apple company
Samsung vs Apple company
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Apple Inc. v. Samsung Electronics Co.:
An Exploration of Patent Law and Ever-Evolving Technology
April 15, 2011 marks the date that kick-started the most high-profile US design patent cases of all time; a lawsuit that could possibly change the face of technology as we know it. Apple Inc. sued Samsung Electronics Co. on the grounds that Samsung’s smartphones as well as tablets infringed upon Apple’s technology and design patents (Apple Inc. v. Samsung Electronics Co., 2013). Deemed by the United States Court of Appeals for the Federal Circuit to be “The Patent Trial of the Century”, the case drew an extraordinary amount of worldwide attention, grabbing the headlines and taking center stage. The jury found that Samsung had infringed Apple’s design patents on the home button, and rounded corners of the phone, as well as their utility patents covering the “bounce back effect,” and “tap to zoom” functions (L., 2013). Samsung was asked to pay Apple $1.05 billion in damages (Stern, 2012). The case is likely to be re-examined, however, as appeals have already been filed. Impacting the product design of new technologies for years to come, this lawsuit has provided an opportunity for experts to further understand the scope of design rights and determine how close is too close in regards to design patent infringement (Carani, 2012). Patent laws are impeding to the point of prohibiting new products created by emerging or existing companies from entering the market; furthermore, patent laws have made it possible for current technology-producing companies to seemingly create a monopoly on technology design.
Knowing the law is not only the key to understanding the reasoning behind the jury’s verdict but also in ensuring that infringeme...
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Savitz, E. (2011). New Patent Law Means Trouble For Tech Entrepreneurs. Forbes. Retrieved from http://www.forbes.com/sites/ciocentral/2011/09/20/new-patent-law-means-trouble-for-tech-entrepreneurs/
Stern, J. (August 27, 2012). Apple v. Samsung: What Verdict Means for You and the Tech Industry. ABC News. Retrieved from http://abcnews.go.com/Technology/apple-samsung-verdict-tech-industry/story?id=17087657
Tanielian, M. (April 15, 2013). Comments of the Coalition for Patent Fairness. United States Patent and Trademark Office, 1-22. Retrieved from http://www.uspto.gov/ip/global/patents/comments/753609930-1_cpf_-_letter_to_uspto.pdf
Walker, M. (March 5, 2009). Economists say copyright and patent laws are killing innovation; hurting economy. Retrieved from http://news.wustl.edu/news/Pages/13656.aspx
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
Define and explain the following: copyrights, trademarks, and patents. Compare the three and provide an example of each. This paper will be non-graded, but it is still highly recommended that you complete this assignment for increased practice and self-improvement.
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
The dilemma facing the court is even more obvious in the case of Oracle v. Google. When the federal circuit ruled that Java APIs were copyrightable in 2014, numerous software developers and Java programming communities were worried about the consequence of the ruling. The freedom to extend the currently-in-use APIs are fundamental to the development of computers, the Internet and other mobile devices. People were anxious about the potential API litigations that could trouble a lot of software technology companies. Where the copyright protection stretches, or wrongfully stretches to, some fundamental elements for industrial innovation, the court has to seek a way to minimize the negative effect.
Nunes, P. & Bellin, J. (2014). Elon Musk’s patent decision reflects three strategic truths. Harvard Business Review. Retrieved from http://vlib.excelsior.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=118647474&site=eds-live&scope=site
Here is an article talking about should Apple comply with the court’s order or not, Apple should not be above the law, by Richard Burr. This issue is about Apple refuse to unlock the iPhone that found in a car. The car was used by terrorists who killed fourteen people in a cruel horror attack. The author, Richard Burr, think, Apple should follow what
While profits from semiconductor sales are keeping stakeholders happy, Samsung is pursuing a differentiation strategy in the smartphone market. The managers are committing more resources to researching something they think will revolutionize phones. author name writes, “All smartphone makers face the issue of stagnancy in hardware innovation. Samsung is currently working on developing a smartphone with foldable displays…” (Tanner). There has not been a ground-breaking development in smart phones in the last few years, so the managers believe
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
"The Evolution of Cell Phone Design Between 1983-2009." Webdesigner Depot RSS. N.p., n.d. Web. 23 Oct. 2013.
The very first iPhone was announced by the founder of Apple, Steve Jobs, in 2007. His vision was to reinvent the phone. iPhones have revolutionized smartphones and have shaped the cell phone industry into what it is today. On January 9, 2007, Steve Jobs put together an incredible keynote presentation. He stated that he would be “introducing a wide-screen ipod with touch controls, a revolutionary mobile phone, and a breakthrough Internet device” (Ritchie, 2015). The audience assumed that this meant that Mr. Jobs would be launching three separate devices. However, it was only one device, the iPhone. Within the past 7 years, Apple has been able to tweak its iPhones by incorporating major redesigns. These redesigns use combinations
As Apple designer Jonathan Ive said recently, “.......... If we can’t make something that is better, we won’t do it.”
Each year, both Samsung and apple release a new flagship smartphone into the market. Although they launch their phones at different times, comparisons between the two phones are inevitable. Everyone knows that there is a strong competition between the two technology giants and each of them aim to have the better market share of the other through making innovative products.
In conclusion, design laws in relation to intellectual property have changed and developed to suit today’s globally expanding technology and communication. While these laws have not changed as frequently and dramatically as other sections of Intellectual Property, it is proven to update as needed. The upcoming changes in regulation for easing design’s registration is a step in the right direction for businesses although it can be difficult to manage. It encourages innovation in different industries, but doubtfully will stop counterfeiting on a large scale. Changing design regulations implements secrecy in relation to developing the best option for an entire society (i.e. health products), but essentially allows a creator to take control, ownership and usage of his or her new and distinctive work.
In 2007, Apple designed the first touch screen phone and it was a huge change and after three years, everyone wants to buy touch screen phone and Apple became the super star of the smartphone market. Apple’s unique designs changed the definition of fashion in the smartphone world, sine then, apple become the leader of smartphone market.