Week 5 EOC: Apple-Samsung Patent Battle

Apple and Samsung are two of the top technology companies as far as cell phones and tablets go.  Apple has tried to ban older models of Samsung phones from being sold in the US and Samsung has done the same to Apple; both of which were denied.  They have both broken copyright laws.  They are both fighting each other to try and win but what will this do to not only technology but the way technology patents work? Mark Lemley, a Stanford University law professor and leading tech law scholar, shared that "it could fundamentally change the way the patent system works in the (technology) industries." (Mintz, 2013)  They aren’t fighting this battle alone.  Nokia is backing Apple while Google, HTC and SAP back Samsung.  In Apple’s case in San Jose, the jury found that Samsung had 26 products that violated 6 of Apple’s patents; however, they ruled that Samsung could still sell those products since Apple didn’t link any proof of harm it may have suffered.  Apple is appealing that decision.  If the next ruling sides in favor of Apple, “Apple would gain leverage in a second suit brought in San Jose federal court, involving a set of newer Samsung phones.” (Jones, 2013) What is going to happen? How will this change the face of patents and technology? Will Apple and Samsung end up having to “negotiate a settlement in their long-running patent dispute?” (Gross, 2013) Matthew Levy, patent counsel at the Computer and Communications Industry Association, stated that “It’s possible that both sides could end up getting little or nothing except huge legal bills.” (Gross, 2013) This not only could change how patents are regulated but also international trade.

Works Cited

Gross, G. (2013, August 8). Governments. Retrieved August 9, 2013, from Macworld: http://www.macworld.com/article/2046201/apple-and-samsung-patent-war-returns-friday.html

Jones, A. (2013, August 8). Technology. Retrieved August 9, 2013, from Wall Street Journal: http://online.wsj.com/article/SB10001424127887323838204579001070722801840.html

Mintz, H. (2013, August 8). Crime and Courts. Retrieved August 9, 2013, from San Jose Mercury News: http://www.mercurynews.com/crime-courts/ci_23806439/apple-samsungs-next-big-showdown-could-reshape-patent