Patent War of the Century
Apple and Samsung, in the recent years, have become the most sought after choices for smartphones and tablets. The time when Nokia was ruling the roost seems eons ago, doesn’t it? The post iPhone era has redefined the way we do things. That’s not saying that there were no smartphones before the iPhone. There indeed were a many – prominently the Nokia Communicator and HTC HD2 (based on Windows Mobile, the pre-cursor to Windows Phone), but took an Apple’s smartphone (unveiled on Jan 9, 2007) to show what a phone is truly capable of.
The advent of Android was very much an year and a half later, when it partnered with HTC to announce the first Android phone, the HTC Dream. This lack of a truly competing device, in terms of simplicity and usability, propelled iPhone to unrivalled dominance in the smartphone industry. However, Android too has a remarkable growth story. Google’s acquisition of the startup in 2005 may have been their best bet ever. Now in its eighth iteration aka Jelly Bean, the mobile operating system (OS) has emerged as a much superior alternative to Apple’s iOS.
Unlike Apple which doesn’t allow its OS to be installed on non-Apple hardware, Android was kept open-source and Google, being a web services company lacking a hardware arm, formed an Open Handset Alliance (OHA) with various original equipment manufacturers (OEM’s) to distribute it. This, by and large, has paved the way for the proliferation of Android phones in the market.
While the operating system is a success story no less, Samsung has clearly outpaced its Android rivals (HTC, LG, Sony Mobile etc.) to emerge as a stiff competitor to Apple. The war, now, is no longer between iOS and Android; it’s between Apple and Samsung. In an attempt to gain more market share, both these companies, instead of innovating and outclassing each other by bringing out better products, have resorted to a patent tussle; a war that can be called rightly called as the most ridiculous ever.
Agreed that Apple has come up great devices in the past – the iPod, the iPhone and the iPad, but its recent thermo-nuclear war on Android is unjustifiable and unwarranted. Many perceive this as an attempt to stifle competition and edge out its rivals. Today’s tech companies seem to be on an acquisition spree. They spend millions of dollars to beef up their patent portfolio so that they can come in handy during trials. A recent case in example is Google’s acquirement of Motorola Mobility Inc. But the sheer absurdity of the case doesn’t end here. It’s the patent office which grants such groundless patents to these companies that should take the lion’s share of the blame. Now, you might think how does this connect with the Apple vs Samsung case? So, let’s take a trip down the memory lane.
It all started in April 2011 when Apple sued Samsung for copying the iPhone designs in its Samsung Galaxy S. Samsung sued Apple back for allegedly infringing on certain 3G wireless communication patents. And since then, the two firms have been haggling over various products and have made repeated requests to ban them – the Galaxy Tab 10.1 (now banned in the entire EU), Galaxy Tab 10.1N, iPhone, iPad, Galaxy S III, Galaxy Nexus (temporarily banned and then lifted) and Galaxy Tab 7.7 (the latest victim, now banned in the whole of the EU). Here’s the entire timeline of the lawsuits, courtesy the GadgetMasters.
As the case prepares to go on trial today in California, if the jury finds the parties culpable of patent infringement, they could be facing sales ban and billions of dollars in compensation. Apple is already claiming a total of $2.52 billion in damages; a figure that could triple if the presiding judge decides to punish the Korean manufacturer. Apple says “Samsung must play by the rules. It must invent its own stuff. Its flagrant copying and massive infringement must stop.”
While Apple accuses Samsung of ripping off its designs of the iPhone and the iPad, the latter claims the former’s designs were themselves heavily inspired by Sony. A recent court filing by Samsung reveals that “in 2006 Apple industrial designer Shin Nishibori was directed to design an iPhone prototype inspired by Sony's aesthetics after Tony Fadell internally circulated an interview with a designer from the company,” reports The Verge. A sample prototype released shows the design with even the “SONY” logo intact, just that it was modified to read “JONY”.
Apple too is not sitting idle either. It argues that Samsung has brought “confusingly similar” products to the market and in particular highlights a Samsung survey that “the most common reason for customers returning a Galaxy Tab 10.1 to the retailer Best Buy was because they had thought they had purchased an iPad 2,” BBC’s Leo Kelion writes. It says that Samsung was warned by Google that its tablet designs were very much similar to that of the iPad.
The documents also reveal that Samsung was closely watching every move of Apple since the first iPhone was launched. By September 2011, its goal was to beat Apple. “Goal of next year - BEAT APPLE,” reads one September, 2011 memo. In addition, Apple has refuted Samsung’s Sony design inspiration claims in a new document that reveals a prototype Purple that predates the JONY concept, at the same time bearing all the hallmarks of the first iPhone. So no settlement talks in sight? Yes, they did happen in April this year but the mediation have failed to produce any substantial results. The case is no doubt complicated, and yet one cannot shake off the feeling that this trial is more about greed than innovation!
Read the complete story on The Verge: Apple vs. Samsung: the complete guide to a billion-dollar trial
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| Confusingly similar - Galaxy S and iPhone 3GS |
Unlike Apple which doesn’t allow its OS to be installed on non-Apple hardware, Android was kept open-source and Google, being a web services company lacking a hardware arm, formed an Open Handset Alliance (OHA) with various original equipment manufacturers (OEM’s) to distribute it. This, by and large, has paved the way for the proliferation of Android phones in the market.
While the operating system is a success story no less, Samsung has clearly outpaced its Android rivals (HTC, LG, Sony Mobile etc.) to emerge as a stiff competitor to Apple. The war, now, is no longer between iOS and Android; it’s between Apple and Samsung. In an attempt to gain more market share, both these companies, instead of innovating and outclassing each other by bringing out better products, have resorted to a patent tussle; a war that can be called rightly called as the most ridiculous ever.
Agreed that Apple has come up great devices in the past – the iPod, the iPhone and the iPad, but its recent thermo-nuclear war on Android is unjustifiable and unwarranted. Many perceive this as an attempt to stifle competition and edge out its rivals. Today’s tech companies seem to be on an acquisition spree. They spend millions of dollars to beef up their patent portfolio so that they can come in handy during trials. A recent case in example is Google’s acquirement of Motorola Mobility Inc. But the sheer absurdity of the case doesn’t end here. It’s the patent office which grants such groundless patents to these companies that should take the lion’s share of the blame. Now, you might think how does this connect with the Apple vs Samsung case? So, let’s take a trip down the memory lane.
It all started in April 2011 when Apple sued Samsung for copying the iPhone designs in its Samsung Galaxy S. Samsung sued Apple back for allegedly infringing on certain 3G wireless communication patents. And since then, the two firms have been haggling over various products and have made repeated requests to ban them – the Galaxy Tab 10.1 (now banned in the entire EU), Galaxy Tab 10.1N, iPhone, iPad, Galaxy S III, Galaxy Nexus (temporarily banned and then lifted) and Galaxy Tab 7.7 (the latest victim, now banned in the whole of the EU). Here’s the entire timeline of the lawsuits, courtesy the GadgetMasters.
As the case prepares to go on trial today in California, if the jury finds the parties culpable of patent infringement, they could be facing sales ban and billions of dollars in compensation. Apple is already claiming a total of $2.52 billion in damages; a figure that could triple if the presiding judge decides to punish the Korean manufacturer. Apple says “Samsung must play by the rules. It must invent its own stuff. Its flagrant copying and massive infringement must stop.”
While Apple accuses Samsung of ripping off its designs of the iPhone and the iPad, the latter claims the former’s designs were themselves heavily inspired by Sony. A recent court filing by Samsung reveals that “in 2006 Apple industrial designer Shin Nishibori was directed to design an iPhone prototype inspired by Sony's aesthetics after Tony Fadell internally circulated an interview with a designer from the company,” reports The Verge. A sample prototype released shows the design with even the “SONY” logo intact, just that it was modified to read “JONY”.
Apple too is not sitting idle either. It argues that Samsung has brought “confusingly similar” products to the market and in particular highlights a Samsung survey that “the most common reason for customers returning a Galaxy Tab 10.1 to the retailer Best Buy was because they had thought they had purchased an iPad 2,” BBC’s Leo Kelion writes. It says that Samsung was warned by Google that its tablet designs were very much similar to that of the iPad.
The documents also reveal that Samsung was closely watching every move of Apple since the first iPhone was launched. By September 2011, its goal was to beat Apple. “Goal of next year - BEAT APPLE,” reads one September, 2011 memo. In addition, Apple has refuted Samsung’s Sony design inspiration claims in a new document that reveals a prototype Purple that predates the JONY concept, at the same time bearing all the hallmarks of the first iPhone. So no settlement talks in sight? Yes, they did happen in April this year but the mediation have failed to produce any substantial results. The case is no doubt complicated, and yet one cannot shake off the feeling that this trial is more about greed than innovation!
Read the complete story on The Verge: Apple vs. Samsung: the complete guide to a billion-dollar trial
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