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An unbiased Viewpoint, Analysis & Report

Introduction

In the recent months Apple has accused Samsung of


infringing upon a different set of patents in more than 20
proprietary devices

Patents Infringed upon

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 Apples
iPhone 5.

Negotiated Settlement

The ultimate resolution of the conflicts between the


companies will be a cross-licensing agreement with a
negligible exchange of cash.

Images of Infringement

Examples of supposed
Infringement

Examples of supposed
Infringement

Examples of supposed
Infringement

Lawsuit Body

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-insuit 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.

Apple statements

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 statement after


verdict

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 Samsungs 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 Samsungs behavior
willful and for sending a loud and clear message that
stealing isnt right.

Samsung Position

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.

Conflict

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 Resolution

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.

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-wagesgalaxy-tab-ban-lifted-samsung/story?id=17376176

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