The Apple company Vs New Samsung gadgets have the continuous lawsuit Apple filed a case against Samsung for copying their designs of mobiles and tablet computers. The main objective of report to discuss on the scenario on this litigation comes over technology patents and which make to the note 19 continuous cases in almost 10 countries in the world. In this report I including the damages caused till now to both companies and what exactly the problem, and which designs and technologies make this problem to rise.
Innovations Vs clones in this lawsuit the Apple’s statement against Samsung ” Samsung is making a trail to copy apple’s I phone and I pad. Innovating new things and wide variety of designs with impressive user interface and strong technology this all made the Samsung to do this fraud .”
Samsung’s counter-suit on apple ” To make more profits on apple products and Samsung manufacture android mobiles with good price tag and great product choices to consumer and wide variety of quality phones in telecommunication there is no similarity between both.”
In this report my aim to give detailed explanation on the lawsuit and how both companies make consumers in confusion state with their patents.
About The Company
Samsung Telecoms is the one major production line in 5 business units within Samsung electronics co., Ltd, from the Samsung groups is a multinational conglomerate it consists of cellular communication department, computer tablet department and cellular solution center and Research and development center for telecommunication.
In telecommunication business which produce a full spectrum of cell phones products and MP 3 players, laptops and telecom network infrastructure and employees work around 221,000 people, they world huge mobile suppliers and stay top ranking in supplying semi conductor chips and they are world’s largest television suppliers. The Samsung group is from early 1969 and till current date and switching itself with many new innovations and make products with huge products the major operations and multinational electronics distributor it covers more than 180 countries in the world company headquarters in Suwon, in south Korea.
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Apple Inc is an American multinational organization that sell electronics, computers, software’s and pc’s, they are well known for hardware. Apple was founded in California, USA in 1976. Multinational company many people work for the development of this firm and main personalities Steve jobs, Timothy, Oppenheimer , Schiller they worked very hard to make apple a brand with high quality and regulations in market and head quarters is at Cupertino.
The production with wide varieties and many attractive slogans the popular products will work with Macintosh (MAC) that gadgets are iPod, I Phone, Laptops. Company sells products in online and have their own stores in all counties and maintain quality and customer service is high end they have got a special place in consumer electronics and apple focused on many verity of products of electronics. The Mac book is very famous they sell and high end performance and they many times gain lost the market share values and profits.
Apple I Phone and I Pad is revolutionary innovations and MP3 Players apple I Pod is very flexible portable and storing playing audio.
Samsung Vs. Apple Lawsuit
Apple claim federal complaint on its component supplier Samsung in more than 10 country courts and it alleging big issue between both companies and court decides they copied some courts give favor to Samsung the patent which they clone is mobiles and tablets from apple. Even Samsung filed federal complaints that apple copied 5 patents of Samsung and final thing both companies got is their some products being banned in some countries and paying huge banality lose of their reputation in the market and court took all the evidence documents from apple as well Samsung.
The case begins at April 15 2011 but it is been continued still current date on some patents in some countries main reason ” Developing products independently is lacking and Samsung chosen way to copy the apple innovative technology and their interface and violation of their valuable intellectual property rights. the infringement of design patents and these make huge damages to companies mainly Samsung had paid for that.
Apple Claim Lawsuit
The customers who brought the galaxy tab got problems and realizing that it wasn’t an I Pad and this make apple more important to claim case on Samsung to infringing on a design patent. Confusing the ordinary customers between both company tablets.
Substantial Monetary Damages Entitled By Apple
In current market telecommunication Apple and Samsung placed top selling brands. Samsung to beat apple they chosen this path and copied tablets and smart phones of apple and this affects apple in manufacturing line, Samsung placed world’s largest manufacturing of smart phones and got billion’s of dollars profit. According to apple estimation as of march 2012 Samsung got profit of $2 billion and apple went to lose of $500 million profits. so it estimates that overall combined lose of profit is $2.525 billion.
This is an important symbolic victory which make sense of meaningful change in the smart phones history and selling cheep is advantage for Samsung and selling high is making people a high society phones and for this apple invest a lot of money on design innovations and technology R & D if any company copies the mobile which they hold a huge efforts on it will make huge market loss and make them down in mobile communication field.
So What Did Samsung Copy Exactly?
Apple Patents Samsung Violated :
The Apple company make the lawsuit against Samsung that too how blatantly company copied their I Phone. The Samsung phones at the time when I Phone 3G released they all look like small screen with key pad and some mobile have angina and very less usage of technology after the announcing the I Phone in Jan. 2007 , at the same time the Samsung also start to released their Smartphone’s era and they got very good response from the consumers and production line was increased and company got rebirth in telecommunication.
65% of Readers from Macworld confirms that Samsung copied apple. Apple always concentrated to claim case on Samsung but not android OS which Samsung uses even this continues the apple loss it’s market when compare to Samsung.
Samsung Tablet’s Design Changed After I Pad
Samsung have a basic production on touch screen tablets before I Pad and the design is normal with big keys on top and it works with Microsoft OS. The I Pad released by apple the series 1 is not successful and the series 2 got huge response from the customers and company got a huge profits with iPad-2 in march 2011 they in few span of time the Samsung company released their iPad-2 with full touch screen and big too high technology and well designed and got a tremendous growth in I Pad section i.e. Samsung touch screens.
The third party Google explicitly warned Samsung that galaxy tab 10.1 were too similar to I Pad. In apple filed documents they mentioned this.
Design Patents Infringed :
Violation-1: Enlarging Text when tapping screen :
Samsung copied this enlarging text by taping on screen and by double tap. This feature is more useful when zooming a picture and using browser and such types the screen is small and if vision is not good we can use this technology.
Violtion-2 : Bounce-back feature:
When using application and scrolling down there will be bounce back feature this been violated by Samsung. This feature been used when the fast scrolling happens that too if we use application store or any more information websites then the scrolling button which make it fast and comfortable to user.
Violation-3 : Ornament design :
The shape of I Phone 3gs and it is rectangular shape and copied by Samsung . The shape of the mobile device is rectangle and the features used is in the apple is been same aspired to Samsung after the release of I Phone 3g.
Violation-4 : Icon Interface:
The design of icon alignment and shape been copied by Samsung. Alignment of icons in a row and Colum wise matrix which states this interface is user friendly and innovation from apple and the same time the Samsung come up with same application, this makes apple to claim a case on samsung icon interface. Now Samsung mobile with android operating system use same icon interface.
Samsung Argues Apple Company Copied Sony Designs
One step further Sony design is copied by apple in Feb. 2006 the design for an apple phone prepared three dimensional model, this Sony designs for an portable electronic devices. called Nishibori Design.
Apple responded to this claim that they having purple phone in Aug 2005 then final design came at April 2006 I Phone. So, by this case court calls the employees and big heads like Phil Schiller, it’s VP worldwide marketing and head of IOS people who worked for I Phone in early days. By court documents many surprising things came to notice. so apple company gave early prototypes to court of their I Pad and I Phone.
Samsung Did Not Steal From Apple
Samsung begins designing smart phones with full panel displays before the coming of apple’s I Phone and Samsung having folder type models, ear-type models, slide-type models, and smart phones touch screen display this all been before the apple I Phone.
The interface what apple use in I Phone the same architecture design icons the Samsung smart phones using on this Samsung explanation begin testing the same icon interface on sep 14, 2006 they had GUI layout and presentation orientation.
I Phone 5 Accused Product
The Samsung made a lawsuit against I Phone 5 which released recently and given some features and technologies been copied by apple in their product and told the experts to analyze the device. Not ever thing is been copied and still 10 things been annoy about I Phone. Samsung states that apple shape is unreasonable rectangle shape. Which few patents in that was been copied by apple from them.
Market Share And Shipment
In market of smart phones the apple ship 26 million phones if 27.5% year over year and Samsung doing 50.2 and market share is 32.6% where as apple one is 16.9% So total Samsung year-over year change 172.8%.
Samsung and apple market share and shipment there is a huge difference between both the Samsung stay at top then apple can’t be that much from IOS that it looks same from 2007 with little changes and so it’s time for apple for innovation of some new things after apple I Phone 5 the share of market is not been increased more.
Damage To Samsung
Damages to Samsung from Apple is $1,015,855,000.00 nearly $ 1.05 billion in damages for Samsung a jury awarded for the copied products from apple lawsuit in California. The main things which state the case on home screen of I Phone and it’s GUI, the jury gave that Samsung infringed five of seven apple patents.
Apple want more than $2.5 billion for the damage and it is more then what Samsung estimates and it is largest intellectual property awards on record.
Filed Federal Complaints In Courts :
South Korean :
The court reveals Samsung violated the apple’s patents and court awarded the little damages to both organizations. In that country they banned the products of both companies. The I Pad and I Phone complaint claim by apple is denied. But Samsung must stop marketing 12 of their products and apple stopped I Phone 3gs and I Pad 1& 2.
Apple files two infringements against Samsung and the court responded that the technology both used is different so they strike down the complaint made by Apple.
In German the lawsuit came to favor of apple company by the ban on the galaxy tab so Samsung copied some patent from apple so they found the similarity between both . The “slide to unlock” feature is used by both companies and they did judges on march 2012 and again in July and sep 21 this way they do favor on Samsung that Samsung did not violate the touch screen technology.
British courts gave the statement that galaxy from Samsung was not copied and I Pad and galaxy is both different so there is no point to claim a case. By apple loses the case against Samsung in UK.
In federal court of Australia they observing the consequence and granted favor to apple and banned the galaxy tab.
In USA courts come to state that Samsung had stolen apple’s I Pad and I Phone technology and Samsung should take back all the phones and tablets from USA. Take a big decision to fine on Samsung.
Now scenario the apple claims a case that Samsung had infringe apple patents and Samsung gave a statement that apple copied the both Samsung and Sony technology and design and this situation states the current problem over many countries and many courts all over the world gave different justice this state that there is necessary for someone to monitor the upcoming designs.
The Both companies should be responsible for shareholders and employees and they are socially responsible to corporate citizen. The environment health and safety point of view is very important and maintain clean organizational culture. They should respect customers and they should be responsive to maintain with laws and ethical standards
When Apple company and Samsung electronics is working on some model design they should be careful of their design plan and technology which they going to use and this make sense to be more secure and safety point of view.
Even there are many china mobiles they sell in market are exactly same to the apple phones and Samsung phones but that won’t make issue because they are not making high level profits and they are only to certain level. but Samsung is having high brand value as equal apple and it having many other products like television, air conditioners , laptops etc
The apple and Samsung both are big companies in telecommunication and if one company is going good with its designs and innovations the other company shouldn’t be copy cat of that company for this the committee should take control on their out coming products.
The apple files case that tells Samsung copies the technologies like bounce-back, ornament design, text enlarging on this technologies the software code what they use should be more secure and confidential, maintaining the software things secure that is full responsibility of organization .
Implementation Plan :
There should be some committee to monitor the technology and design of ornament of any portable devices. Before the model been released the committee task to check over the product ornament design and technology features and is there any similarity to other brands model and if in that case should get the approval letter from other brand that this design is not copied.
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Committee necessary for checking the designs of high level company products. The designs or technology which they used and now using is from other company design then should pay for that with permission of that company can use it. Any of the patent copied by other company in that case the total profit comes from market should be taken by Govt and give 60% amount to lost company.
The problems of this companies shouldn’t influence the customer’s needs and services. Customer who purchased both company products even there is any ban of that particular product the company should provide customer service in that countries.
The US court take such decision of jury of $ 1.05 billion which makes the other competitors to be aware of copying the technology or design.
Apple and Samsung generally should maintain values, people, excellence, change, integrity, co-prosperity. To know the pulse of customer and provide genuine designs and understand their emotions. They should focus products on high end market.
There is definitely some strong infringement it was clear. But this Verdict should not be consider as a win of apple this will affects to costumers of USA where the Govt banned the Samsung products, now the low cost products like Samsung will no more available in use it make disadvantage. After both sides cross examination Samsung has utter defeat and got to pay bill of $ 1.05 billion and for apple $0. Courts take right things and don’t want to skip any evidence so apple and Samsung submitted their documents to court and they gave clear cut decisive actions. Samsung call Apple violated Samsung patents and Apple call Samsung that it violated apple patents. In this issue confuses the customers like which one of this is genuine. This makes sense that apple win in court jury of 1.05$ billion but in market reality Samsung continues its victory by high market sales of their products.
But both companies have their own advantages and disadvantages in all aspects. “Price is what you pay, Value is what you get”
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