The world’s two biggest makers of high-end phones are continually at each other’s throats over patent issues in 10 countries, accusing each other of copying designs and technology for mobile devices. While Patent wars are waging among these software giants in attempts to maintain market dominance, what does it all mean for you?
The Lawsuits
On September 25 Samsung filed it’s latest complaint claiming Apple’s iPhone 5 infringes on its patents. Included in the trial are Samsung’s earlier complaints alleging infringement by earlier iPhone models, as well as the iPad and iPod Touch. The case won’t actually go to trial until 2014.
Samsung also recently won a court order lifting a ban on U.S. sales the Samsung Galaxy Tab. The ban was instated after Apple was awarded $1.05 billion in damages from Samsung, when they were found to have infringed upon several of Apple’s design and software patents. The technology in question included the tap-to-zoom feature and the very appearance of the devices. Technology patent suits tend to involve minor features in devices, but are the rows of icons on Apple phones really so revolutionary that they can’t be copied?
Ironically, Samsung’s Galaxy S III sales rose by nearly 16 percent in August — probably because of increased press and Apple looking like a bully. Patent wars often let consumers know there is more than one option for their favorite technologies, leading to increase interest in the competition.
Is Our Patent System Broken?
Patent law reform caused a stir last year when the U.S. moved from a “first to invent” to a “first to file” type of system. Much like that of Europe and Japan, now it’s a race to the patent office. Big companies have a large advantage in this race due to their staff of attorneys and researchers who are familiar with the patent system. Patents however, are designed to encourage innovation — not stifle it by letting companies block markets — so patent reform still has a long way to go before everybody’s happy. Tech giants such as Apple, Google, and Microsoft are already meeting to discuss how to enforce patents without hindering healthy competition.
Why This Stinks For You
The main problem is the monopoly issue. If consumers want a phone with a tap-and-zoom features, shouldn’t there be more than one option? Another problem lies in the pricing, and not just because Apple can charge whatever they want to those who must have their patented technology. Android users may end up paying more for their phones to make up for licensing fees to Apple, potentially turning consumers back to Apple. Taking a good product and making it better and cheaper for consumers is somehow losing out to patent lawyers. And we’re pretty sure Android users forced to update their phones to a different user interface aren’t happy either.
1 comment
CoLaw
Pro Samsung Article? Exactly the same thing would happen the other way around. Its really sad to find this kind of reading material, even more when it is supposed to be "impartial", and its objective is to "expose[] everyday law in a way that non-lawyers can understand". Is the author being paid by Samsung? Is she one of those anti-apple Android fanatics (same way there are anti-android apple fanatics)? Many questions arise that lead me to believe that this is not an article I can trust to be showing an objective and impartial opinion.