Wednesday, May 6, 2020

Apple Inc V Samsung Electronics Co-Free-Samples for Students

Question: Discuss about the Case study of Apple Inc. v Samsung Electronics Co. Answer: Apple Inc. v Samsung Electronics Co: Analysis In this Case, Apple has demanded Samsung to either stop violating its Intellectual property rights or pay a royalty to which Samsung refused. Mullin (2016) states that the claims against Samsung regarding infringement of trademarks, patents, unfair business practices under the California Business and Professions Code. Mullin (2016) asserts that it is difficult for Samsung to argue against some of the claims such as the similarities in the phone icons like the similarities in the Method and Apparatus for displaying and Accessing Control and status Information in a Computer System, Scaling and Rotation on a touch-Screen Display, etc. The advocates for Samsung argued that if the decision favors Apple, it might affect the competition in the marketplace. According to Straker and Wrigley (2016), Samsung was against the idea that Apple should be permitted to claim patent protection on design element like the front flat surface embodied on the iPhone, form of rectangle etc. However, Wrigley (2016) states that Apples contention that its designs makes it clear to the consumers that it is a Apple product, similarly, iphones are equally and strongly recognized as an apple product. Apple clearly stated the areas that it considers as protectable IP, which includes three design patents, seven utility patents and trademarks on several IOS system app icons, Ipad, IPod touch, iPhone inclusive of the packaging of each of the products. It was clear for the jury to decide in favor of Apple as the contention advanced by the company with respect to protection of innovation was more persuading than the argument presented by Samsung to not allow Apple to claim patent protection on design element. References Mullin, J. (2016). Supreme Court Takes up Apple v. Samsung, First Design Patent Case in a Century. Sup. Ct. Preview, 67. Straker, K., Wrigley, C. (2016). 11. The role of emotion, experience and meaning: the comparative case of Apple and Samsung. International Perspectives on Business Innovation and Disruption in Design, 231.

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