Intellectual Property

Introduction

The products that we are using in our daily lives are the results of certain long or small innovations. This comprises of design change or product improvement. For instances, consider the example of mobile phone, which was pioneered idea by Hollywood actress Hedy Lamarr in 1940's. Since then, the improved design of mobile phone can be seen along with the functions. For such products and hence companies who initiate new ideas lawfully protect their improvement and development through the IP rights acquisition. In this paper the focus will be on Apple-Samsung patent litigation.

Discussion

Today Smartphone is the most marvel innovation and communication technologies into smooth digital device. This, this is also termed as litigation magnet due to the function and the idea of touch screen. Currently companies have been involved in purchasing the patents and have been spending dollars (huffingtonpost).

On 25th August 2012, the decision by Federal jury in San Jose, Calif to award Apple Inc of $1.05 billion from Samsung for the infringing damages on six patents. Now a day, Patent litigation is now a part of every industrial sector's innovation no matter if it is steam engines, phone, cars, cosmetic or any semiconductors. Nevertheless, Smartphone wars are much bigger wars and they are very complex.

Currently, Samsung Android-based devices i.e. tables and Smart-phones are competing and challenging severely with iPhone and iPad. Consumer and buyers are aware of the quality and features that are available in the Samsung and Apple Inc devices. Therefore, the future for Samsung might be considerably diverse with this judgment (techcrunch.com).

Lawsuit of Apple and Samsung

The lawsuit about Apple and Samsung are knotted in two different cases. First one is staring today and other placed to start next year. They are involved in twp different kind of patents or rights for invention which government concedes the inventor which is known as utility patents & design patents. The features that are governed by the Utility patents are features of phone while the appearance is governed by the design patents.

In present trail, Apple Inc is basically suing Samsung for imitating Apple's iPhone and iPad when Samsung introduced Samsung Galaxy S, Galaxy S II, beside 22 other products. The second trail will comprise of releasing Samsung devices little later that was the Galaxy Nexus and Galaxy S III (news.cnet).

Now why there are two trails. According to the law Professor Brian Love at Santa Clara University state that it is the indication of speed through which the system of justice impresses for comparing the technology. This should be notice that this is the previous models that was issues in the initial case. Whereas, Samsung assert Apple Inc for violating few of their utility patents when they manufactured iPhones and iPads. Additionally, Samsung is claiming for more money for patent use that necessitates for giving capabilities of phone 3G.

Reason for Considering Patents

The main consideration here is what Apple is claiming for the utility patent stolen by Samsung. Looking at the WIRED, there are three ...