APPLE VS SAMSUNG CASE STUDY
SUBMITTED BY: ANU KHARE BATCH: WEEKEND
ACKNOWLEDGEMENT It is an honor for me to express my deep gratitude for those people involved in this endeavor. I take this privilege to express my deep sense of gratitude and heartfelt gratefulness to Miss. Richa Khullar. And Ms. Shruti for their support and guidance. I would also like to thank Bimla and Kuldeep, my batchmates for their support. At last I am also grateful to IIPTA for providing me knowledge, guidance and study material.
Anu Khare
ABSTRACT: In the mid April Apple filed infringement suit on Samsung in US District court that several Android based smartphones and tablets of Samsung are infringing design and technology of apple’s intellectual property. Apple’s suit against Samsung covered the Samsung Nexus S, Epic 4G, Galaxy S 4G and Galaxy tab. Samsung claimed Apple’s iPhone and iPad infringing on selected Samsung wireless communication patents covering methods of handling phone calls and data simultaneously. Apple won a permanent injuction on Galaxy tab 10.1 in Germany, USA. However Samsung won infringement suit in Japan.
INTRODUCTION OR DETAIL OF THE CASE (BACKGROUND) – Apple vs Samsung case started on April 15, 2011 when Apple filed an infringement suit on Samsung for copying not only its technology but also its design. Apple filed case in US District against Samsung for copying Apple’s Innovative technology, distinctive user interfaces and elegant and distinctive product and packaging design, in violation of apple’s valuable intellectual property rights. Apple sued Samsung on Samsung Nexus S, Epic 4G, Galaxy S 4G and Galaxy Tab. Apple and Samsung are correlated to each other as Samsung is the world’s largest memory chip maker and Apple is the largest consumer of flash memory. Apple buy flash memory from Samsung for its iPhone and iPad’s. Samsung also manufacture A4 processor used in Apple’s original iPad along with processor used in iPhone 3GS. They are the two big technology giants. Now Apple is looking for new supplier of memory chip. Infringement cases are common in technology but Apple’s complaint against Samsung is notable because it also focus on overall product design and onscreen interface (Trade dress issue), which means Samsung has copied Apple’s product design along with technology. The products which are in question are iPhone 3GS, Samsung galaxy S i9000, Samsung galaxy tab 10.1. They are challenged of having the same style, user interface and even packaging copied from that of Apple’s product. As Apple sued Samsung of infringing its product and techniques, Samsung also filed lawsuit against Apple’s iPhone and iPad for copying Samsung’s wireless technique and user interface. In Korea Samsung alleged Apple of violating 5 patents, in Germany covered 3 cases, in Japan 2 and in USA 10 patent infringement case is filed. Fight was initiated by Apple on April 15, 2011 and took globally by Samsung including countries Germany, USA, Japan, Australia, South Korea and European Union.
By filing lawsuits Apple and Samsung wanted injunction against each other so that the other cannot sell its product in one’s market area. In this litigation war Apple is winning over Samsung by granting injunctions on some of Samsung products .These are – ∑ ∑ ∑ ∑
Permanent injunction against Galaxy Tab 10.1 in Germany Injunction on selected Samsung Smartphones in Europe. Injunction only applied if the device is running Android 2.2 Samsung has been forced to delay the galaxy Tab 10.1 in Australia over the litigation. Samsung forced to remove the Galaxy Tab 7 from the IFA show floor as Apple won second injunction barring the sale and marketing of tablet in Germany.
By this lawsuit case Apple is warning other companies also for infringing products.
TECHNOLOGY IN QUESTION: In Apple vs Samsung Battle the patents that are reportedly infringed by Samsung include – ∑ ∑ ∑ ∑ ∑ ∑ ∑
Patent 381: Bounce back scroll functionality which occurs when one scrolls to the end of the list. Patent 915: that includes pinch to zoom, one finger scroll and zoom navigation. Almost all Samsung mobiles have this feature. Patent 163: Tap to zoom Patent D677 : iPhone front Patent D087 : iPone back Patent D305 : iPhone home screen Patent D889 : iPad design
However Samsung also filed case on Apple on the infringement of following patents – ∑ ∑ ∑ ∑
Patent 516 and 941 : Wireless technique Patent 711 : Ability to play music while using other apps Patent 893 : Ability to scroll through the photo gallery , switch to camera to take a pic and then return to same point in the photo gallery Patent 460 : take a photo, preview it immediately and email it off seamlessly
But on reviewing the case court did not find any of the Apple’s iPhone or iPad infringing to Samsung.
While on reviewing jury found Samsung infringing on four of Apple’s utility patent, four design patents and upheld Apple’s trade dress. The infringement affected 21 Samsung devices, from the Droid charge and the Epic 4G to the Galaxy S II to Infuse 4G.
CONCLUSION OR VIEW ON WHOLE CASE: By studying the whole case on Apple vs Samsung, we can judge that Samsung has infringed Apple’s technology as well as design. However Apple is not found by court involved in any infringement. Infringement is very common in case of design and manufacture. But Apple filed case on Samsung and other companies to prevent them from infringing its technology and product designs. Due to litigation as they are about to break their relationship, it is not beneficial for both of them.
REFERENCES: ∑ ∑ ∑
https://www.Apple vs. Samsung explained An overview of the patent battleground _ Digital Trends.htm 392062.htm http://www.pcmag.com/slideshow/story/301948/apple-patent-breakdown-whichsamsung-tech-gadgets-infringe
