Apple Vs Samsung Case Study
Plaintiff
Apple Inc. is an American multinational, was founded by Steve
Jobs in April 1st 1976, and has head office in Cupertino, California
USA. Apple is well known for personal computers, Mobiles, electronics and its
software. Most famous product of Apple is iPhone (Mobile), iPod (Portable music
player), iPad (Tablets), Mac Book Air (Personal computers), OS X and iOS
(operating system). It has presence in hardware, software and electronics.
Apple is 2nd largest IT Company in terms of
revenue and 3rd largest mobile maker company in the world. Apple has
doing lot of R & D on its product to come in market. Apple registered a lot
of patents for design, software and its technologies in USA and all over the
world.
Defendants
Samsung Group is a South Korean multinational company,
founded by Lee Byung Chul in 1938, and has head office in Samsung town, Seoul,
South Korea. It is Electronics, Electronics components, Semiconductors, Medical
Device Company. It is very famous for mobiles and semiconductor chip. Galaxy
series of mobile phones and Galaxy Tab are very popular products in all over
the world.
Samsung is number 1 IT company and number 1 in mobile phone maker
Company in all over the world. Samsung also has lot of patented technologies in
mobile and wireless technology area.
Samsung supply ARM processor to Apple which is used in every
iPad and iPhone. Samsung is ahead of Apple in term of revenue, rank and market
share.
Detail
of Case
Apple
launched iPhone mobile phone in 2007, which was small and lightweight sophisticated
device with some unique and patented interface and technology. In same year it
launched iPod, a portable music player. In 2010 Apple launched iPad Tablets, an
advanced version of iPhone, a category have capacity to replace computers. Its
entire product got a lot of prize in all over the world and best selling.
During 2007 to 2010 Apple exceeded revenue to US $ 2 billion.
Samsung
launched Galaxy S in 2010, a mobile phone based on Google’s operating system
Android. It also launched Galaxy S2 and Galaxy Tab in 2011. Selling of these
products was increasing and it stood before Apple for competition.
In April 15,
2011 Apple filed complaint against Samsung for its Android phone and tablets in
district court of California. Apple’s complain was that Samsung’s products are
infringing intellectual property of its flagship product.
Apple said
that Samsung infringing its patent, trademark and user interface and style.
Apple included following product of Samsung initially
Nexus S
Galaxy S 4G
Epic 4G
Galaxy Tab
Apple
submitted comparison of iPhone 3G and Galaxy S to the court and charging for
Patent
infringement
False
designation of origin
Unfair
competition
Trademark Infringement etc.
Apple sued
Samsung in many other countries for infringement. Samsung also sued Apple in
Seoul, Tokyo, Germany and USA in April-June 2011.
In USA
Samsung was charged for design and technology patent, Trade Dress and trademark
violation by Apple. And in other company for technology patent and trademark
violation.
Technology
in Question
Apple’s Utility Patent
Multi Touch
user interface
Performing
wide variety of function by user gesture like pinching, zooming, selecting and
scrolling.
System for
rearranging text messages and Bounce back feature.
These
patents are US7812828, 7669134, 6493002, 7853891 etc.
Apple’s Design Patent
Apple’
unique design flat black face, metallic bezel, rounded corner etc.
These patents
are D627790, 602016, and 618677.
Apple’s Trade Dress
Protection
for appealing and packing style of product.
Apple’s
packing style of iPhone and iPad.
Trade dress
registration number 3470983, 3457218, 3475327 etc.
Trademark
Different
icon of mobile phone and tab, like
Message icon,
Setting icon,
Music icon
Gallery icon
etc.
Patentee’s Arguments
1.
Apple’s
said Samsung intentionally copy iPhone and iPad design and technology and
launch imitate product in market.
2.
False
impression on consumer’s mind.
3.
Unfair
competition by Samsung to downgrade its product.
4.
Apple
want injunction over Samsung’s product.
5.
Apple
want damages which was around more than US $ 2 billion from Samsung.
Defendant’s Arguments
1.
Samsung
develop its own product not imitate Apple’s product.
2.
Samsung
use different trademark than Apple, differences are therein.
3.
Samsung
did market research to innovate product.
4.
Samsung
was claiming that Injunction is invalid.
Litigation
USA
Prove case of patent infringement (design, technology) and
Trade Dress.
Fined appox US $ 1.5 billion on Samsung.
UK
Court denied case of Apple.
Product is not similar to Apple.
Germany
Ban on Galaxy Tab, infringing patent of Apple.
Consider only few violations.
Views
Apple got patented its lot of technology for mobile and tab.
It sued to Samsung for infringing design , technology and Trade Dress. Samsung
violate some patents like scrolling, bounce back etc.
Apple and Samsung both are leader of market, they don’t need
to copy each other. Samsung violate patent but not intentionally, they did
research in same area and innovate same technology
References
1.
Wikipedia
2.
Google
3.
Apple’s
complaint in US court.
