Apple Vs Samsung Case

Apple Vs Samsung Case Study

Plaintiff

Apple Inc. is an American multinational, was founded by Steve Jobs in April 1^st 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 2^nd largest IT Company in terms of revenue and 3^rd 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.