Friday, August 9, 2013

Week 5 EOC: Apple-Samsung Patent Battle


The Apple-Samsung patent battle is one that seems like it has no end in sight. There are currently 4 complaints by either company against the other up for review in court in the US and dozens internationally (http://money.cnn.com/2013/08/09/technology/mobile/apple-samsung-itc/index.html). These are cases based on one company violated the technology patent of the other. It originated when Apple filed a suit against Samsung alleging that Samsung stole patented design software related to the iPhone and iPad. Samsung then counteracted with a lawsuit that alleges Apple was unfairly “hording” the patent when it is to be licensed to other manufactures because it will eventually become an industry standard (http://www.natlawreview.com/article/international-trade-commission-addresses-use-standard-essential-patents-section-337-). This allows for fair competition among the different manufacturers in the industry and discourages monopolistic business practices. Since then, Apple and Samsung has gone back and forth and have tried to get the other’s products banned from import into the US. The ITC has ruled in favor for both in different cases, but none have yet to see the full weight of the courts imposing punishment.

I think it is extremely disconcerting this is the way big business is conducting themselves from an ethical standpoint. Both companies have violated the other’s right to fair completion and patents. Apple should have allowed the license of their software knowing this was a “game changer” in the way phone technology would evolve. It’s like saying the first company to create cell phones all together would not allow any other manufacture and design company to make one either and a majority of us would still be tethered to the wall. On the other hand, I also don’t believe Samsung should steal another company’s design because of this. The talent at Apple is obviously high they should not be penalized for creating great software. It’s tough to side with one company or the other, but it’s easy to say there is not a clear right and wrong in this. This is obvious because of the different court rulings. This war will not be ending anytime soon even though each company might win a battle here and there. As CNN expressed in a recent article, The good news for consumers is that the trial proceedings in such disputes typically take so long that the products in question are often long obsolete by the time a judge rules” (http://money.cnn.com/2013/08/09/technology/mobile/apple-samsung-itc/index.html). While the companies continue to take each other to court, it seems we the consumers will not have to suffer.

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