Case of Apple Suing Samsung in America-Free-Samples for Students

Question: Write a report on the case of apple suing Samsung in America. Answer: Facts: In the year 2012, the multinational telecommunication brand Apple had filed a case against Samsung for violated the provisions of Patent. It has been alleged by apple that Samsung has sold smart phones and Apple owned tablets and the patent of the same specifically. According to Apple, Samsung had not informed Apple while using their patents. It has also been alleged that apple had already in the patent war with another telecommunication brand Motorola regarding the patent and Samsung had breached the provision of patent while the war was going on (Lee, 2015). Apple had filed case against Samsung by alleging that the South Korea-based company had made infringement regarding three utility patents and four design patents. The Jury held Samsung liable in 2012 by observing that the company had willfully made a violence regarding the utility pattern that are solely owned by Apple and penalized the company. Issue: The main issue that has been cropped up in this case is whether Samsung has made any infringement regarding the patents that are owned by Apple or not. It has been alleged by the Apple that the lawsuit that has been filed against Samsung affected the market of Apple and the company had to face loss due to the same. Muellar (2015) that the company has taken many steps to strengthen its base on technical patents has stated it. It has been alleged by the company that the Galaxy Nexus set has infringed the patent of Apple and use the Android 4.0 software that has been particularly labeled with Apple. The main dispute is that if Google change the program code of Nexus model, the world will know the fact that an infringement has been made and that is the apple of discord between the two leading cell phone brands. Legal provision: The main allegation of Apple against Samsung is that the later has made a patent infringement against the former. The term patent infringement denotes an activity where a party uses the patent invention of another without informing the sole owner of the patent. Patent is a part of the Intellectual Property Act. In most of the cases, the alleged parties are infringing the patent provisions to gain illegal profits by commercial activities. It has been alleged by apple that Samsung has made an infringement regarding the 647 patent which helps to detect information in messages automatically. Further, 721 patent helps to unlock the home screen by the help of motion sensor. According to apple, Apple exclusively authorizes all these patents, Samsung has used these patents in their smart phones, and tablets and they did not inform Apple regarding the same (Shin et al., 2015). Certain products of Samsung such as Galaxy Nexus, Galaxy Note, Galaxy Note II, Galaxy Tab 2 and so on. However, after a diehard process, Apple has able to obtain an order of injunction on the alleged models and obtain a compensation of $120 million against Samsung (Spulber, 2018). References: Lee, J. H. (2015).U.S. Patent Application No. 29/430,414. Mueller, J. (2015). Remedies for Patent Infringement: Enhanced Damages and Willful Patent Infringement. Shin, H. S., Park, J. H., Yoo, H. G., Ahn, S. (2015).U.S. Patent Application No. 29/425,927. Spulber, D. F. (2018). Finding Reasonable Royalty Damages: A Contract Approach to Patent Infringement.