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By - Julianne Pepitone
Category - Hotel Near Miami Beach
Posted By - Inn and Suites In West Miami
By - Julianne Pepitone
Category - Hotel Near Miami Beach
Posted By - Inn and Suites In West Miami
Hotel Near Miami Beach |
Apple and Samsung's fiercest battle isn't playing out in the smartphone market.
The companies are
currently embroiled in dozens of high-stakes patent disputes, four of
which are playing out in the United States. Billions of dollars are on
the line, and the titans are fighting to take each other's products off
the shelves.
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 on the case.
The
latest ruling is expected to take place on Friday, in which a federal
court will decide whether to ban the sale of some older Samsung
smartphones in the United States. Here's a look at the serpentine path
of Apple v. Samsung, and its many spinoffs.
Round
1: The Apple v. Samsung saga began in April 2011, when Apple accused
Samsung of "slavishly" copying the iPhone and iPad. Samsung replied by
counter-suing Apple, accusing the Cupertino company of infringing on its
software patents.
In
August 2012, a California jury found Samsung had infringed on the most
of the patents in question -- including the design of the hardware and
software features like double-tap zooming. The jury recommended that
Apple be awarded more than $1 billion in damages, a figure which U.S.
District Judge Lucy Koh later reduced by more than $450 million due to a
"jury error" in determining damages. Koh also refused to ban the eight
Samsung smartphones in question.
Both Apple and Samsung have appealed the ruling.
"It
is unfortunate that patent law can be manipulated to give one company a
monopoly over rectangles with rounded corners," Samsung scoffed.
Winner: Apple.
Round
2: In a separate battle, Samsung sued Apple in a special court in June
2011. Samsung alleged that the iPhone 4 and iPad 2 -- both of which are
still on store shelves -- violated the Korean company's patents.
The
International Trade Commission ruled in favor of Samsung in June 2013,
and said the Apple phones in question couldn't be sold within the United
States. Companies like to bring their cases before the ITC because it
is generally easier to get a ban on the sale of patent-violating goods
than by going through the traditional patent court system.
But
the ITC is required by law to send such "exclusion orders" to the
president for a 60-day review. In an extremely rare move, President
Obama did veto the ITC's order just before the review period was up.
Winner: Samsung.
Round
3: One week after Samsung sued Apple in the ITC court, Apple filed a
counter-suit citing several patent infringements, including on the
hardware design of the iPhone.
The
ITC made a preliminary ruling in favor of Apple, but that doesn't
necessarily mean anything. In the previous ITC case that ultimately
ended in favor of Samsung, the preliminary judgment had exonerated
Apple.
Winner:
We'll find out Friday. But if Obama was willing to veto a ban on Apple,
it's possible that he would do the same if the ITC rules against
Samsung.
Round
4: In February 2012, Apple filed another lawsuit in California district
court accusing Samsung of infringing on utility patents in its newer
products.
And
so the counter-suit dance played out again, with Samsung shooting back
that "all generations" of the iPhone and iPad infringe on its own
patents. Apple, meanwhile, added new Samsung products to its list of
infringing products about as quickly as they were released on the
market.
The court soon grew tired of this, and recently denied Apple's bid to add Samsung's Galaxy 4 phone to the case.
Winner: We'll see. The second Apple vs. Samsung is slated to go to trial in March 2014.
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