Refining in Remedies in Patent Litigation: Three (Increasingly Immodest) Proposals. Despite the court’s rule, Samsung still has a role to play as the leading company and venture into creating new products that are not close to those of Apple products. Patent litigation as a leading market indicator.International Journal of Technology Transfer and Commercialisation, 1(3), pp.280-291. Su, H.N., Chen, C.M.L. by Gary Benton. Filitz, R., Henkel, J. and Tether, B.S., 2015. and Temel, S., 2015. Shumaker & Sieffert, PA. Su, H.N., Chen, C.M.L. Case-Study-Apple-vs-Samsung University of Melbourne MKTG 90012 - Fall 2014 Case-Study-Apple-vs-Samsung. Posted on Graham Robertson Posted in How to Guide for Marketers. In 1996, the Apple brand bordered on bankruptcy. Kim, H. and Song, J., 2013. The judgment passed in the verdict that the copied products of both Apple and Samsung should not be sold resulted in a decreased supply of the products in the market and increase in prices of other existing products of the Companies to compensate for the lost costs. It is also important for a company to register with patents so as to protect their products from copycats who exist in the market. Yesilay, R.B., Ar, I.M. Patent litigation in the UK: an empirical survey 2000–2008. Your task for this assessment is to read the Case Study 2 - Apple Vs Samsung in your text on pp. 05 billion in damages. Apple Inc. is an American multinational, was founded by Steve Jobs in April 1 st 1976, and has head office in Cupertino, California USA. Take a look at our Apple case study. Apple is the world's third-largest mobile phone maker after Samsung and Nokia. It is therefore mostly encouraged to large firms that may be able to cultivate back the funds lost in lawsuits by maximizing their profits. Conclusion. Love, B.J. Personal essay … Question 2: Discussion on the Key Lessons learned from the case study. Apple Vs Samsung Case Study. In the recent months Apple has accused Samsung of infringing upon a different set of … Samsungimmediately incurs Judge Kohs ire by publicly disclosing material that hadbeen excluded from the trial and for failing to prevent deletion of relevantevidence. Social network analysis of patent infringement lawsuits. The jury held that Samsung had infringed on Apple’s patents and awarded over $1 billion in damages. Aside from that Apple also asked for a remedy by asking the court to block the making, use, sale and import of Samsung products in the United States. However, the decrease in sales before the launch of the iPhone 6 shows that Apple has the edge over Samsung in demand. The court ordered a stop to the selling of the copied products of both companies. The implication of Apple lawsuit to smartphone and computer tablet industry. However, Apple’s strategy has proved to be more successful than Samsung (going by the strength of brand loyalty between the two companies). Scientometrics, 92(1), pp.181-195. A sales forecast was conducted, by operating systems, to determine the sales of tablets and smartphones to users worldwide. The Apple-Samsung lawsuits. How to forecast cross-border patent infringement?—The Case of US international trade. This study contains the financial analysis of the Samsung and its competitor Apple as well as the industry in which Samsung is performing, and it also contains the unique issues that Samsung is … Case-Study-Apple-vs-Samsung University of Melbourne MKTG 90012 - Fall 2014 Case-Study-Apple-vs-Samsung. Apple claims that Samsung copied the features of their iPhone and iPad when they made Galaxy S, Galaxy S 11 and Tab 10.1.On the other hand, Samsung claims that Apple violated its utility patent by using its 3G capabilities in iPhones and iPads therefore Samsung claims for compensation (Golden, 2014; Levy, 2012). Patent litigation precaution method: analyzing characteristics of US litigated and non-litigated patents from 1976 to 2010. Helmers, C. and McDonagh, L., 2013. On the other hand, Apple’s increase in the sale was supported by the high Chinese demand for the big-screen iPhone 6 lineup and expansion of 4G networks in China (Cusumano, 2013). In Samsung’s case, I would say that it would lean more towards price inelastic. In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, while Apple and Motorola … Whether damages will be tripled is a decision for Koh in the coming weeks. Refining in Remedies in Patent Litigation: Three (Increasingly Immodest) Proposals. Unlock the full document with a free trial. Filitz, R., Henkel, J. and Tether, B.S., 2015. Love, B.J. CONTACT US IF YOU WANT A SIMILAR HIGH QUALITY PLAGIARISM FREE CASE STUDY ON THIS TOPIC OR RELATED TOPIC, Outline of Apple’s and Samsung’s sales comparison and their leading consuming countries. Tang, V., and Huang, B., 2002. Your first days are free! For instance, the high pricing of iPhone 5s in the country shows that Brazil is the most loyal countries where Apple stores are. Bloomberg delivers business and markets news, data, analysis, and video to the world, featuring stories from Businessweek and Bloomberg News on everything pertaining to technology The South Korean verdict involves the filing of a disagreement by Samsung in the South Korean Courts. Santa Clara High Tech. Technological Forecasting and Social Change, 80(5), pp.944-955. Bergman, K., 2014. Lately, Samsung conducted an investigation of new Apple products and presented a plan to … Consumers will, therefore, have no other option than to purchase other phones for the safety of their use. and Lee, P.C., 2012. It is almost impossible for firms to search all patent holders or to gauge confidently if a company is violating another firm’s patent, therefore, large firms can defend themselves either possessing bargaining chips or by litigation. Boston University Law Review, 93, p.1605. 3, No.1, pp.16-26, March 2015 Published by European Centre for Research Training and Development UK (www.eajournals.org) 16 ISSN 2053-5783(Print), ISSN 2053-5791(online) SAMSUNG ELECTRONICS AND APPLE, INC.: A STUDY IN CONTRAST IN COMPETITIVE ANALYSIS IN 21ST CENTURY Notably, 99 percent of the jury verdict was based on Samsung’s infringement of design patents, with only about 1 percent (around $5 million of the approximately $540 million jury award) based on Samsung’s infringement of utility patents. Golden, J.M., 2014. The loss made by Samsung may turn into the costs to the consumers when the court bans the use of Samsung devices with the copied applications from Apple devices (Su, Chen, and Lee, 2012). Initially, fast reading without taking notes and underlines should be done. Assessment 1- Part A- Case Study-1- Managing Growth…, Write a case study on supply chain network design.…, ACCT3102 Individual Case Study Assignment…, INTELLECTUAL PROPERTY CASE STUDY OF APPLE AND SAMSUNG, Samsung: Background, PEST Analysis, Recommendation. Apple Inc. v. Samsung Electronic Co., Ltd. was the first of a series of ongoing lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers; between them, the companies made more than half of smartphones sold worldwide as of July 2012. Find alternative means of settling such disputes- as Patent wars may have an intense effect on the company, thus, the companies involved in the dispute may agree to sit down and discuss the way forward by compensation payments made to the firm’s violated patent. "The terrorist in this case had an Apple 7 iPhone; that's an old phone that has many remote issues with them. Yesilay, R.B., Ar, I.M. Samsung should also avoid filing such expensive lawsuits- as they may end up resulting in sunk costs to the firm thus creating opportunities to other competitors in the market. Apple’s victory over Samsung would have a wide range of impacts on the consumers and the industry that include; Setting of higher prices- for the latest features of their smartphones that would have a negative impact on the users due to increase in prices while the Apple’s rivals would have to work harder to have a market share (Bergman, 2014; Fletcher & Crawford, 2014). and Yoon, J.C., 2013. How to forecast cross-border patent infringement?—The Case of US international trade. Apple is accusing Samsung of infringing on software patents related to its iPhone. The impact of patent wars on firm strategy: Evidence from the global smartphone market. Cusumano, M.A., 2013. Analysis on Apple vs Samsung on the political and legal factors JL & Tech., 20, pp.11-14. The court argued that consumers would not confuse the products of the company, as they are not similar in any way. For instance, when Samsung was denied by the judge to make the argument that Apple’s iPhone design was derived from Sony ideas (to illustrate that Apple was just as much of a conceptual plagiarizer as Samsung) they released the information to the media (Paczkowski, 2012). The United States Court verdict involved the filing of two separate lawsuits. However, Apple v. Samsung reminds us why it is important to consider filing one or more design patent applications to protect the look of a new product. In April 2011, Apple Inc. (Apple) sued Samsung Electronics, Co., Ltd. (Samsung) and argued that certain design elements of Samsung’s smartphones infringed on specific patents for design elements in the iPhone that Apple holds. Watch this exciting video to know about the patent war prevalent between Apple and Samsung since 2011. Gotts, I.K., and Sher, S., 2012. Protecting aesthetic innovations? Paik, Y. and Zhu, F., 2013. Based on your analysis of the case and other research you undertake through journal articles, other sources, etc., answer the following questions: Provide a brief overview of the smart phone and tablet computer market worldwide. Minns, S.E., 2014. On March 31, a $2 billion trial between Apple and Samsung began in California court. Litigation in the Middle: The Context of Patent-Infringement Injunctions. Levy, S., 2012. The lawsuit posed a threat to even other smartphone producers in the industry to avoid copying any applications of the Apple Company; therefore, the producers may end up making low-quality products as they try to avoid collision with Apple products. The jury ended up siding with Apple, agreei… Apple vs Samsung survey questions is a questionnaire to understand customer opinions about Apple and Samsung smartphones. The discussion of the case will be surrounded on the two (2) clusters on the crisis management part, which include crisis event management and post-crisis management. Apple vs Samsung survey questions is a questionnaire to understand customer opinions about Apple and Samsung smartphones. Apple is accusing Samsung of infringing on software patents related to its iPhone. The patent problem. Facts of the case. Samsung Galaxy S7/S7 Edge accounting for 16% of sales and the iPhone 6s/6s Plus at 14.6%. Bergman, K., 2014. Steve Jobs had been gone for over a decade. Jury awards $1 billion to Apple in Samsung patent case.The New York Times. The jury in the much-hyped Apple vs. Samsung patent infringement lawsuit recently handed down a verdict which basically gave Apple everything it wanted: A billion-dollar payment from Samsung, plus the possibility of an injunction against sales of infringing Samsung smart phones and tablets. Plaintiff. Journal of Intellectual Property Law & Practice, p.jpt162. Samsung argued that Apple violated its five patents, but the jury found out that Apple had violated two Samsung patents while Samsung had violated one Apple patent, therefore, the jury made a split decision that awarded small damaged to both companies (Filitz, Henkel & Tether, 2015). According to the South Korean court rule, the judgment passed was fair enough to protect both companies and to create a fair competition in the market. STEP 2: Reading The Apple Vs Samsung Devices Harvard Case Study: To have a complete understanding of the case, one should focus on case reading. Cotter, T.F., 2013. The jury evaluated the case and found that Samsung had truly violated Apple’s patent thus awarded Apple more than sh.1 billion for its damages and banned the sale of the copied Samsung products (Love and Yoon, 2013). The paper pays much attention to the factors that have contributed to the success of Apple in the smartphone industry as opposed to Samsung. ended with Samsung losing over a billion dollars to Apple in a case for patent dispute in which Samsung’s Galaxy Tab design was accused resembling iPhones and iPads. Design rights and innovation: a psychometric analysis. Question 3: An analysis of South Korea’s Verdict and the United States court verdict. Law enforcement should make use of these things," Gula said. 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