An unbiased Viewpoint, Analysis & Report

In the recent months Apple has accused Samsung of infringing upon a different set of patents in more than 20 proprietary devices

Introduction

Samsung previously aimed its counterclaims at the iPhone 4, iPhone 4S, iPad 2, the new iPad, and iPod touch products, but now, the company is seeking an amendment to this lawsuit that was initially filed in April to include Apple’s iPhone 5.

Patents Infringed upon

The ultimate resolution of the conflicts between the companies will be a cross-licensing agreement with a negligible exchange of cash.

Negotiated Settlement

Images of Infringement

Examples of supposed Infringement

Examples of supposed Infringement

Examples of supposed Infringement

Since 2011, the two tech moguls have engaged in quite a tussle over design infringement, Apple has repeatedly accused Samsung (not without merit) of imitating its designs for its various products. While, one cannot deny Samsung's products bears a definite resemblance to the corresponding Apple products, Apple might have taken the issue a little too far by suing the company for $2.5 Billion.

The two companies have been dispute in over 10 countries.

Lawsuit Body

Recently, Apple won a huge patent infringement case in California against Samsung. In August, a court ruling said Samsung "willfully infringed" on a number of Apple's patent devices, granting them $1.05 billion.

Throughout the trial, Samsung has maintained that it merely drew inspiration from Apple's designs, while Apple insisted that the company blatantly "ripped off" its designs.

Samsung's lawyer Charles Verhoeven said, "Everyone is out there with that basic form factor...There is nothing wrong with looking at what your competitors do and being inspired by them," as reported by Time Magazine.

Lawsuit Body

The two electronics moguls Samsung Electronics Co. and Apple Inc. find themselves again in another legal battle, but this time the South Korean has accused the Cupertino company of infringing on its patent related to long-term evolution technology (LTE) and faster fourth generation wireless networking.

Last week, Samsung filed a case management statement against Apple's latest smartphone, the iPhone 5, for eight patent infringements.

Lawsuit Body

According to a Samsung statement released on WebproNews.com, "Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models. Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device.“

 

Lawsuit Body

Apple released a statement in direct rebuttal to the South Korean company on Reuters, "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging."

Apple statements

We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. The mountain of evidence presented during the trail showed that Samsung’s copying went far deeper than even we knew. The lawsuits between Apple and Samsung were about much more than patents or money. They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy. We applaud the court for finding Samsung’s behavior willful and for sending a loud and clear message that stealing isn’t right.

Apple statement after verdict

“We have always preferred to compete in the marketplace with our innovative products, rather than in courtrooms,” Samsung said in a statement to The Verge. “However, Apple continues to take aggressive legal measures that will limit market competition. Under these circumstances, we have little choice but to take the steps necessary to protect our innovations and intellectual property rights.”

Samsung is counter suing Apple for approximately $400 million for damages to reputation and $22 million in royalties.

The jury ruled against all of Samsung's counter claims amounting up to $400 million.

Samsung Position

Every indication suggests that the verdict won't be a clean one. There will likely be damages on both sides, and it's still unclear whether there will be clear victor. In addition, the option to appeal could drag this case on for several more years. A separate appeals case between the two regarding software elements of Android and a potential ban on the Galaxy Nexus is set to start in 2014.

Further complicating matters is this week's decision from a South Korean court that both companies infringed on each others' patents, resulting in bans and fines on both sides. The two have sued each other in multiple courts in multiple countries, potentially extending the entanglements for years

Conflict

After months of anticipation the jury finally reached a verdict in the Apple v. Samsung lawsuit granting Apple Inc. $1 billion for patent infringement. The jury of nine ruled that Samsung Electronics Co. did in fact "rip off" Apple Inc. by copying the company's revolutionary designs for the computer tablet iPad and smartphone iPhone. The jury decided that the South Korean company should pay $1.05 billion to Apple. 

Conflict Resolution

References• http://www.ibtimes.com/apple-vs-samsung-lawsuit-iphone-5

-targeted-ongoing-patent-battle-798883 Stern, J. (2012, 10 02). [Web log message]. Retrieved from

http://abcnews.go.com/Technology/apple-samsung-wages-galaxy-tab-ban-lifted-samsung/story?id=17376176