An important blow has been struck in the ongoing litigation between Apple Inc. and Samsung Electronics – a South Korean court has reached a ruling regarding the patent clashes between the two companies. Perturbingly, it looks like neither one has escaped unscathed.
The Seoul court reached the conclusion on Friday that Samsung did not infringe upon the designs of the iPhone or iPad, with the judge stating that “these similarities had been documented in previous products”, which constitutes a tactic confirmation of Samsung’s ‘prior art’ defence. The judge went on to note that it would be difficult for consumers to mistake the products, as Apple had claimed, owing to the branded company logos and the significant differences in operating systems, applications, prices and contract services between the two, which also jibes well with Samsung’s defence of consumer intelligence (with a Samsung attorney in the flagship U.S court case protesting that “consumers demand more choice, not less”). Nevertheless, Samsung were fined 25 million Won (approximately £12,000) for infringing upon Apple’s “bounce-back” function in regards to scrolling, and face a ban of ten products, including the Samsung Galaxy S and Galaxy SII.
Apple, meanwhile, were found guilty of infringing upon two of Samsung’s wireless technology patents, and face a fine of 40 million won (approximately £22,500), as well as an embargo of four of their products – including the iPad 2 and iPhone 4. Fines of this size are peanuts to the two companies, who regularly boast revenue above 10 billion USD per year, but even given the modest size of the market in South Korea, those sales bans are bound to sting a little, even if they don’t eat into the profit margins significantly. However, it’s a bad omen for both companies: the much-touted U.S patent trial reached the point of deliberation on Wednesday, with nine jurors currently discussing the high-stakes patent battle between the two. Apple is demanding a staggering $2.5 billion in damages, along with a ruling that Samsung’s ‘infringing’ products face a permanent ban; Samsung, meanwhile, demands $422 million, claiming that Apple have violated several of its wireless technology-related patents.
While both companies face significant loss of face depending on which way the pendulum swings in the US trial, the results could be far worse for North American consumers; if Apple win, Samsung may be forced to pay them significant royalties on every Smartphone they ship, which may result in rising costs (in addition to the distinct possibility that several products – including some of the flagship Galaxy range – are banned). If Samsung wins, Apple may face a similar royalty rate; but far more importantly for the company that prides itself upon ingenuity and originality would be the loss of face incurred through such a ruling. Such a ruling may tarnish their reputation in their coveted North American marketplace, and result in a significant loss of sales from the traditional Apple faithful. And if a similar conclusion to that of the Seoul trial is reached, everyone loses – except the lawyers and expert witnesses, who will pocket a pretty penny for their involvement in what’s fast becoming the technology trial of the century.
For our part, we echo Judge Lucy Koh’s optimism, and hope that both companies manage to reach an understanding in the future. When companies like Samsung and Apple cease focusing on their superb products in lieu of focusing upon litigation, everybody loses – whether that loss is in money or dignity remains to be seen.
The Seoul court reached the conclusion on Friday that Samsung did not infringe upon the designs of the iPhone or iPad, with the judge stating that “these similarities had been documented in previous products”, which constitutes a tactic confirmation of Samsung’s ‘prior art’ defence. The judge went on to note that it would be difficult for consumers to mistake the products, as Apple had claimed, owing to the branded company logos and the significant differences in operating systems, applications, prices and contract services between the two, which also jibes well with Samsung’s defence of consumer intelligence (with a Samsung attorney in the flagship U.S court case protesting that “consumers demand more choice, not less”). Nevertheless, Samsung were fined 25 million Won (approximately £12,000) for infringing upon Apple’s “bounce-back” function in regards to scrolling, and face a ban of ten products, including the Samsung Galaxy S and Galaxy SII.
Apple, meanwhile, were found guilty of infringing upon two of Samsung’s wireless technology patents, and face a fine of 40 million won (approximately £22,500), as well as an embargo of four of their products – including the iPad 2 and iPhone 4. Fines of this size are peanuts to the two companies, who regularly boast revenue above 10 billion USD per year, but even given the modest size of the market in South Korea, those sales bans are bound to sting a little, even if they don’t eat into the profit margins significantly. However, it’s a bad omen for both companies: the much-touted U.S patent trial reached the point of deliberation on Wednesday, with nine jurors currently discussing the high-stakes patent battle between the two. Apple is demanding a staggering $2.5 billion in damages, along with a ruling that Samsung’s ‘infringing’ products face a permanent ban; Samsung, meanwhile, demands $422 million, claiming that Apple have violated several of its wireless technology-related patents.
While both companies face significant loss of face depending on which way the pendulum swings in the US trial, the results could be far worse for North American consumers; if Apple win, Samsung may be forced to pay them significant royalties on every Smartphone they ship, which may result in rising costs (in addition to the distinct possibility that several products – including some of the flagship Galaxy range – are banned). If Samsung wins, Apple may face a similar royalty rate; but far more importantly for the company that prides itself upon ingenuity and originality would be the loss of face incurred through such a ruling. Such a ruling may tarnish their reputation in their coveted North American marketplace, and result in a significant loss of sales from the traditional Apple faithful. And if a similar conclusion to that of the Seoul trial is reached, everyone loses – except the lawyers and expert witnesses, who will pocket a pretty penny for their involvement in what’s fast becoming the technology trial of the century.
For our part, we echo Judge Lucy Koh’s optimism, and hope that both companies manage to reach an understanding in the future. When companies like Samsung and Apple cease focusing on their superb products in lieu of focusing upon litigation, everybody loses – whether that loss is in money or dignity remains to be seen.
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Released in October, the iPhone 4S swiftly became renowned as Apple’s most inventive and versatile Smartphone yet. Its prime directive is fluidity: the user interface is designed to be as intuitive and functional as possible. It’s a smart way of doing things; by ensuring that different hand motions such as swiping, tapping and pinching the screen become inextricably linked with the concept of iPhone interaction, Apple have, in essence, created a brand based on the users own synergistic experience with the device – a brand which has been expanded by identical touchscreen interaction with the iPad. In terms of raw specifications, the 4S utilizes the iOS 5.1.1, Apple’s most recent variant on their proprietary operating system. It’s capable of acting as an internet hotspot, diversifying its internet connection over WiFi, Bluetooth and USB and permitting access to Apple’s famed app store while on-the-move.
Its most unique and talked-about feature is probably Siri, however. An automated voice control system, Siri is unique among such software in that it permits near-total control over every aspect of the device, from weather reports to appointments. This means it’s much easier for somebody busy with a different task – such as exercising in the gym, or driving a car – to check things on their phone without compromising their own safety. It recognises three languages on launch – English, French and German – with plans for more languages to be added as the system matures. Because the 4S is a slate-style touchscreen (eschewing excessive buttons in favour of a streamlined design), its keyboard is virtual, meaning greater functionality for inputting in a range of different languages across the board – ensuring a broad market saturation.
Apple, then, are clever marketers - that much is obvious to anybody who has paid a modicum of attention to their advertising campaigns. But for a raw comparison of the respective specifications of the iPhone 4S and the Samsung S3, you need only check out the table below.
But when you get right down to it, that’s not what this fight is about. Apple has never claimed to put out the strongest products on the marketplace: their claim to fame has always been sleek functionality combined with relentless, saturation marketing. For Samsung to stand a chance of beating out Apple in the long run, they’re going to need to spend a lot of money building up an aesthetic brand as recognisable as the classy, minimalistic sheik of the iPhone. The Samsung S3 may well be the Smartphone that drives the iPhone 4S off its precarious position as most-touted Smartphone, but will its follow-up be able to go toe-to-toe with the iPhone 5, or will it stand to become just another flash-in-the-pan contender for Apple’s crown?
Only time will tell.
With the schedule Apple has set for releasing new products that means we shouldn’t expect an announcement about the hypothetical iPhone 5 for at least another month, with their June 11th – 15th WWDC (worldwide developer’s conference) slated to be the platform from which the iOS 6 is unveiled. At this point, even the name “iPhone 5” is just speculation. After all, as the upcoming sixth release in the cycle, it could just as easily be dubbed the iPhone 6!
It’s to be expected, though. As an incredibly popular company, Apple products produce a disproportionate amount of buzz. Tickets for the WWDC sold out in a mere two hours, denying some U.S developers a chance to even attend. While previous WWDC outings were well-anticipated (the previous year had tickets selling out in just twelve hours), the fevered excitement for this new iPhone can easily be singled out as the culprit for this years ticket-snatching mania.
But is it truly warranted? After all, Apple produces many more products than the iPhone; their computer operating system, the Mac OS X, undergoes developmental upheavals just as regularly as the iOS, and the OS X is certainly going to have at least a few sessions and seminars devoted to it. Isn’t it equally likely that this year’s WWDC will focus on the computing, or the music and multimedia side of their business? Isn’t it even possible that Apple themselves have leaked the tantalizing hints of the iPhone 5, to drum up interest over a prolonged period of time? It's certainly true that they've finally got around to registering the iPhone5.com domain name.
We’d like to hear your thoughts on Apple, the WWDC, and the iPhone 5 (or perhaps “The New iPhone”, following in the footsteps of the iPad) via the comment system. Do you think it’s all meaningless hysteria, or just savvy marketing technique? Do you expect an announcement over the summer WWDC, or perhaps an autumn announcement, more in line with Apple’s traditional routine?
Whichever it may be, rest assured - when the product is unveiled, we’ll be first on the market with a fine selection of iPhone 5 cases!
