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APPLE VS SAMSUNG: PATENT WARS
Posted by: Write My Essay on: February 14, 2018

Sample by My Essay Writer

Apple Inc. and Samsung Inc. are the world’s biggest smartphone manufacturers. They both specialize in the creation and development of phone gadgets, computers, iPads, tablets, and watches. The competition between the two giants has grown even fiercer in recent times. In 2011, Apple Inc. sued Samsung Inc. for infringing on intellectual property that belonged to the former company. This was after Samsung Inc. had released a technological gadget that was similar in features to another gadget which had been released earlier by Apple Inc. The 10-Inch Galaxy tab closely resembled the Apple iPad which had been released earlier. The tab was introduced in the year 2011 while Apple’s iPad had been released in late 2010.

Lessons from the Apple Vs. Samsung lawsuit 
The introduction of the tab in the market led to confusion among the consumers. A majority of the consumers assumed that the tab and the iPad were similar (Sandoval & Lowensohn, 2012).  This generated a lot of animosity between the two companies. To mitigate the losses suffered because of Samsung’s strategy, Apple Inc. filed a patent infringement suit against the former company. Apple Inc. alleged that Samsung had infringed its intellectual property through the release of a gadget that greatly resembled their earlier invention. Apple Inc. claimed that the release had diminished its image in the eyes of the consumers. Samsung, in response to the allegations, prevailed that Apple had been the beneficiary of unlawful borrowing of Samsung’s innovations in the past. Sample by My Essay Writer

Samsung claimed that elements such as the 3G technology, tethering of phones to the computer for wireless internet connection and the optimization of power usage were all their inventions (Ramstad, 2011). However, these inventions were being employed by Apple Inc. Furthermore, Samsung asserted that a major portion of iPhone features was obvious and could not be redesigned. Samsung counterclaimed the suit on grounds of infringement of its patents by Apple Inc. In turn, Apple indicated that Samsung had not breached one but many utility patents. Apple Inc. mainly dwelt on the user interface and software that were found in Samsung’s product (Ramstad, 2011). They indicated that Samsung had not patented their technology at the time and thus could not claim intellectual property theft. [“Write my essay for me?” Get help here.]

Drawing from the declarations that found Samsung guilty and ordered a payment of $10 billion, Apple Inc. should cease the employ of Samsung as the main supplier of their main parts. Instead, they should seek alternative sources. Nonetheless, it is still possible for the two companies to work together. However, their relationship has to be documented, and each party has to clearly patent their inventions. This will serve to avoid future altercations. Still, it is important to note that in fighting all its competitors, Apple Inc. protects the originality of its products. The court battles against the competitors serve to deter other companies from illegally copying Apple products and services.

Given the loss that it suffered, the Samsung company should, in the future, desist from employing unscrupulous strategies to win over consumers. Furthermore, the company should enhance its creativity department to further reinforce originality over modification. However, given that Samsung remains the second major smartphone company in the world, it did not lose from its strategy. Compared to other companies such as Blackberry Windows phones, the company gained in popularity and revenues from the choice to copy Apple. Nonetheless, the company suffered significant losses in fines that were imposed on them by the court. It is important that innovation strategies should reflect originality. There is a need for market research to identify components that share in likeness to existing products. [Need an essay writing service? Find help here.]

Patents 
A patent refers to an exclusive right that is granted a party to prevent other parties from making or employing a given invention for a given duration of time. There are three main types of patents. These include utility patents, design patent, and plant patent. Utility patents mainly deter external parties from making or employing an invention for 20 years. A utility mainly applies to technological devices. A design patent mainly applies to product designs. It is only enforceable for a duration of 14 years. Plant patents are rare. They prevent external parties from producing a particular type of plant or benefitting financially from the plant for a duration of 20 years. The utility and design patents are more valuable. However, it is easier to protect the plant patent.

Conclusion
Drawing from the example of Apple’s lawsuit against Samsung, it is important that companies protect their intellectual property rights. Patents ensure that companies do not engage in actions that illegally and negatively affects the inventors of the particular invention in use. In recent times, there have been claims that the patent system is broken. This is because companies share components and furthermore there has been an increase in the employ of common components in the creation of products. This would allow smaller companies to access a larger market through the employ of inventions that they did not create. < Click Essay Writer to order your essay >

References
Ramstad, E. (2011, April 22). Samsung Sues Apple on Patents. Retrieved August 20, 2016, from The Wall Street Journal:

Sandoval, G., & Lowensohn, J. (2012, August 8). Samsung Studies Show People Confused Galaxy Tab with iPad. Retrieved August 20, 2016, from CNet News:

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