Recently, the mobile phone industry was shocked by the ongoing mobile patent war of Apple vs. Samsung. These companies are both business partners and competitors have been struggling the issues about anti-trust and patent trial. However, many people believe that the disputes and trial will bring consumers’ awareness in choosing products between these two mobile phone manufacturers.
Due to the patent war the future ideas of these mobile phone manufacturers might be at stake. Likewise, both parties are looking for ways on how they can restrict or ban each manufacturer promoting their products in the market while the proceeding is still on going. In the same manner, Apple and Samsung are exchanging accusations regarding the design and other patented aspects of their products. In the long run of the trial on the patent issue, the litigation will impact the innovation of devices manufactured by these companies.
The battle involves design and functionality
Apple is accusing Samsung copying the utility and the design of iPad and iPhone software and hardware in its Galaxy devices. Likewise, Apple also claims that Samsung had copied different patents including the utility and design patents. The jurors are overwhelmed by the number of patents that both companies are arguing that is why they are instructed to limit the actual number of patents submitted in the court.
Trade Dress and Design Patents
The design patents that Apple is claiming were narrowed down into four particular instances. Based from the design patent on iPhone and iPad, Apple claims that some of the devices manufactured by Samsung look closely similar to their devices. However, Samsung strongly contend such claims. Another issue that Apple throws with Samsung is the trade dress that protects potential imitation of products in terms of appearance and packaging. The accusation of Apple will certainly bring impact to Samsung as consumers will think that they are buying an iPad or iPhone.
Apparently, Samsung will find difficulty in contending the design patents because they do not have their own design patents. The trial is becoming more confusing because it is difficult and complicated to explain the patented technology. On the other hand, despite of the ongoing trial between these companies, consumers are continuously purchasing the mobile phone devices of each company. However, in the long run after the trial both companies will suffer the consequences.
Thus, determining which company will win in the trial depends on the decision of the jurors. Yet, the trial and the decision will only boost the popularity of the two companies. In this way it will result to increase in sales of different mobile phones and devices that are to the advantage of the rival companies. The consumers will become more curious about the devices involve in the patent issues thus they become interested in buying the product.
Whatever the result of the trial between Apple and Samsung, the bottom line is that both companies will benefit from it in one way or the other. Even if they will pay legal charges but they can still have profited from the lawsuit they are pursuing.