1. CASE STUDY ON APPLE VS SAMSUNG
(legal environment in international business)
Shazia Alam
Sonali Pandey
2. INTRODUCTION
In the recent months Apple has accused Samsung of infringing upon
a different set of patents in more than 20 proprietary devices
3. PATENTS INFRINGED UPON
Samsung previously aimed its counterclaims at the iPhone 4,
iPhone 4S, iPad 2, the new iPad products, but now, the
company is seeking an amendment to this lawsuit that was
initially filed in April to include Apple’s iPhone 5.
4. NEGOTIATED SETTLEMENT
The ultimate resolution of the conflicts between the
companies will be a cross-licensing agreement with a
negligiable exchange of cash.
6. LAWSUIT BODY
Since 2011, the two tech moguls have engaged in quite a
tussle over design infringement, Apple has repeatedly
accused Samsung 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.
7. LAWSUIT BODY
Recently, Apple won a huge patent infringement case in California against
Samsung. In August,2012, 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
"ripped off" its designs.
8. LAWSUIT BODY
Samsung filed a case management statement against Apple's
latest smartphone, the iPhone 5, for eight patent
infringements.
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.
9. LAWSUIT BODY
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.
10. 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."
11. 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.
12. 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 iPhone.
The jury decided that the South Korean company should pay
$1.05 billion to Apple.