Wednesday 29 August 2012

APPLE vs SAMSUNG


APPLE vs SAMSUNG: THE PATENT BATTLE



Ofcourse let’s start with what a patent is: patenting something you invent or innovate is the best thing to avoid getting your ideas stolen and implemented by other people. So, you invent an egg cracker and you clearly would not like your neighbor getting the idea and selling out the idea as his/her own now, would you?

That being said, the innovators at Apple cried foul at a lot of Samsung products that had been subject to infringement. Considering patent infringement to be a very big offence in court and the fact the two giants now ruling the tech world battling it out caused a lot of rush.
Apple however tried the 'kitchen sink" strategy and throwing everything at Samsung they could, hoping something would stick. This didn’t stop Samsung to counter sue Apple only for the reason of saving face. It took the jury less than a couple of days to reject that.
Apple wants eight Samsung smart phones banned.
They are the Galaxy S 4G, Galaxy S2 AT&T model, Galaxy S2 Skyrocket, Galaxy S2 T-Mobile model, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.
Andrew “Andy” Updegrove, a founding partner of Gesmer Updegrove, a top technology law firm, agreed. “I think it's a given that Samsung will appeal. Given the damages awarded and the obvious determination of Apple to defend its patents, Samsung has little choice but to press forward wherever it can in court.” He went on to say that Samsung could negotiate cross patent licensing.
Sadly, Apple doesn’t seem to sway to this wind either. Being one of the innovative companies lately ,it is only natural for Apple to defend its successful technological advancements where others have failed especially for the tablets and iPhones.  Every consumer electronics company has just been put on notice and will eventually suffer against the wrath of the apple lawsuit.
A partner at the Sunstein IP law firm that the process though brings great news to innovators and inventors who can breathe easy that patent infringement is a big deal , it is still basically a completely exhaustive money and time cSonsuming process. The lawsuits could take months or years to settle, with both sides shifting gears eventually fighting for no reason with the introduction of latest technology. Eventually all will be forgotten.
However the end of this round saw Apple having a upper hand at Samsung. A jury on Friday ordered Samsung to pay Apple more than $1bn (£664m) after ruling it had infringed several of the iPhone maker's patents.

Shares in Samsung rose 3% on Tuesday on news of the delay of the hearing.
The South Korean firm had $12bn wiped off its market value on Monday as its shares suffered their biggest drop since October 2008.The list does not include Samsung's current flagship handset, the Galaxy S3, which was not involved in the case.
The hearing in September will still consider Samsung's motion to dissolve a preliminary injunction already allowed against its Galaxy Tab 10.1
The judge had originally suggested that Apple's request would be heard next month, but now says that a hearing will take place on 6 December.

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