By: Paula J. Hane
Source: http://newsbreaks.infotoday.com
Category: Patent Litigation
It’s clear that Apple scored a major victory over Samsung in its recent and highly publicized patent dispute. A jury found that a number of Samsung’s mobile devices infringed on Apple’s patented designs and awarded damages of $1.05 billion to Apple. The jury also found that Apple had not violated any of the five patents Samsung asserted in the case. Apple then requested a ban on the sale of eight models of Samsung smartphones. Both companies are considering their next steps, while the media and blogosphere continue to buzz with reactions.
The jury finding in this case has triggered an onslaught of commentary, with speculation about what this means for the two companies, what it might mean for Google’s Android platform (used by many Samsung devices), and what it might mean for consumers. But, it has also brought up many questions about the nature of the U.S. patent system. The comments have ranged from “software patents are evil” to the U.S. has a “broken patent system.”
Matthew Ingram, a senior writer at GigaOM, says, “The implications of Apple’s recent billion-dollar victory over Samsung in a patent-infringement case go beyond the specifics of this particular battle—the reality is the war over software and design patents is bad not just for individual companies but arguably for society as a whole.” Samsung and some observers say the verdict will lead to fewer choices, less innovation, and potentially higher prices.
Observers have warned for years about the giant technology companies accumulating software patents. Furthermore, the patent system is complex and unwieldy, and litigation is clogging the courts. Simon Phipps, writing at InfoWorld, pointed out: “Most concerning in this case: How on earth did Apple get awarded these patents? They’re patents on ideas, such as gestures that give commands like ‘zoom,’ visual norms for illustrating software status, and design ideas for rounded corners on icons and devices.”
Phipps notes that, “Patents are authorized in the Constitution ‘for the advancement of science and the useful arts,’ but their effect here is the opposite. Market competitors who build on the shared consensus of the market are prevented from doing so…Intellectual property law has become a game for anticompetitive control of markets—not a protection for innovation.” He hopes the Apple-Samsung case will convince legislators that the patent system is “fatally flawed when applied to software-based technologies.”
Source: http://newsbreaks.infotoday.com/Spotlight/AppleSamsung-Case-Highlights-Americas-Troubled-Patent-System-84753.asp
Source: http://newsbreaks.infotoday.com
Category: Patent Litigation
It’s clear that Apple scored a major victory over Samsung in its recent and highly publicized patent dispute. A jury found that a number of Samsung’s mobile devices infringed on Apple’s patented designs and awarded damages of $1.05 billion to Apple. The jury also found that Apple had not violated any of the five patents Samsung asserted in the case. Apple then requested a ban on the sale of eight models of Samsung smartphones. Both companies are considering their next steps, while the media and blogosphere continue to buzz with reactions.
The jury finding in this case has triggered an onslaught of commentary, with speculation about what this means for the two companies, what it might mean for Google’s Android platform (used by many Samsung devices), and what it might mean for consumers. But, it has also brought up many questions about the nature of the U.S. patent system. The comments have ranged from “software patents are evil” to the U.S. has a “broken patent system.”
Matthew Ingram, a senior writer at GigaOM, says, “The implications of Apple’s recent billion-dollar victory over Samsung in a patent-infringement case go beyond the specifics of this particular battle—the reality is the war over software and design patents is bad not just for individual companies but arguably for society as a whole.” Samsung and some observers say the verdict will lead to fewer choices, less innovation, and potentially higher prices.
Observers have warned for years about the giant technology companies accumulating software patents. Furthermore, the patent system is complex and unwieldy, and litigation is clogging the courts. Simon Phipps, writing at InfoWorld, pointed out: “Most concerning in this case: How on earth did Apple get awarded these patents? They’re patents on ideas, such as gestures that give commands like ‘zoom,’ visual norms for illustrating software status, and design ideas for rounded corners on icons and devices.”
Phipps notes that, “Patents are authorized in the Constitution ‘for the advancement of science and the useful arts,’ but their effect here is the opposite. Market competitors who build on the shared consensus of the market are prevented from doing so…Intellectual property law has become a game for anticompetitive control of markets—not a protection for innovation.” He hopes the Apple-Samsung case will convince legislators that the patent system is “fatally flawed when applied to software-based technologies.”
Source: http://newsbreaks.infotoday.com/Spotlight/AppleSamsung-Case-Highlights-Americas-Troubled-Patent-System-84753.asp
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