A Law Case Pertaining Intellectual Property
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A Law Case Pertaining Intellectual Property
- The context, purpose, importance and relevance of intellectual property law in a business environment
- Identify the parties who are involved in before the court.
The parties involved in court are Apple Inc. And Samsung limited.
- Provide a brief background to the problem
Two giant telecommunications companies Apple and Samsung have been battling out in courts about infringement of intellectual property disputes. The two companies have been having a series of lawsuits regarding the design of tablets and Smartphone (Apple vs. samsung lawsuit, 2011). The two companies are litigating against each other over patent infringement suits.
Intellectual property is one important intangible asset that is gaining a prominent position in the global economics. Changes in the world business environment have influenced the development of business models where intellectual property is central elements in establishing potential growth and value (Banks, 2012). Intellectual property is important because of its ability to provide a company with competitive advantages (Research and markets, 2010). Take for instance in the case of Samsung vs. Apple, people consider the shape of a tablet before purchasing it such as whether it is excellent when in rectangular form or rounded corners. The use of touch screen technology also provides a competitive advantage in the Smartphone production industry, and these giant companies protect other companies from adopting such technology (Apple vs. samsung lawsuit, 2011). The purpose of intellectual property is to encourage innovation and invention of new ways of doing things. On the same note, intellectual property rights are instituted to ensure that creators and inventors of new ideas benefit from their own invention. And as such, the law about intellectual property is important in the business world for ensuring that intangible assets are protected and that entrepreneurs enjoy the benefits of their creativity and innovation (Banks, 2012).
- Specific disagreements between the two parties
In this case Apple accused Samsung of copying software features such as universal search, quick links, slide-to-unlock, automatic word correction and background syncing (Apple vs. samsung lawsuit, 2011). The patents Nos. were 5,946,647; 7,761,414; 8.046, 721; 8,074,172 and 6,847,959. Their argument was that their patents make the user interface more engaging and enable ease of use. On the other hand, Samsung Accused Apple for infringing ‘239 patent about video transmission functionality and patent camera and folder organization functionality (Apple vs. samsung lawsuit, 2011). The U.S. Patent Nos. is 5,579,239 and 6,226,449.
- Ruling of the court
The court ruled that Samsung infringed Apple’s patent “quick links for ‘647”. The Jury also found that the “slide-to-unlock feature” was used in some of the Samsung devices, for instance, Galaxy Nexus (Apple vs. samsung lawsuit, 2011). The Judge also ruled out that Samsung infringed “automatic word correction” patent.
- Evaluate key judicial concepts that influence the decisions related to business
- Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
Yes. There was a dissenting opinion on the ‘647 patent. The judges differed that the patent was too broad. The Samsung counsel argued that Judge Koh infringement and damages claim should have been removed because it was erroneously supported based on a wrong claim. Judge Koh had disagreed with Posner claim of construction earlier in Apple vs. Motorola.
- Provide examples and cites dissenting rules and reason for dissent
The United States Court of Appeals affirmed construction of ‘647 “quick links” after seven and half months. Judge Posner allowed the Chicago trials to take place though it was cancelled earlier (Apple vs. samsung lawsuit, 2011). Judge Posner decision on denial of an injunction was supported by most of the judges though Chief Judge Rader differed.
- Do you agree with court’s decision? Why or why not
Yes. I agree with court decision because such claims should be heard in a court of appeal so as to recognize the value of patents and compensate the inventors however much cheap a patent might look (Research and markets, 2010).
References
Apple vs. samsung lawsuit full of secret combat. (2011). Reuters Hedgeworld, Retrieved from http://search.proquest.com/docview/907562431?accountid=45049
Banks, T. (2012, Aug 28). Apple vs samsung – what does it mean for design? Design Week (Online), Retrieved from http://search.proquest.com/docview/1035364317?accountid=45049
Research and markets: Intellectual property in business transactions: Protecting the competitive advantage. (2010, May 12).Business Wire Retrieved from http://search.proquest.com/docview/276293904?accountid=45049
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