Case Law Analysis on Intellectual Property
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A Law Case Pertaining Intellectual Property
- The context, purpose, importance and relevance of intellectual property law in a
business environment
a. Identify the parties who are involved in before the court.
The parties involved in court are Apple Inc. And Samsung limited.
b. Provide a brief background to the problem
Two giant telecommunications companies Apple and Samsung have been battling out in
courts about infringement of intellectual property disputes. The two companies have been
having a series of lawsuits regarding the design of tablets and Smartphone (Apple vs. samsung
lawsuit, 2011). The two companies are litigating against each other over patent infringement
suits.
Intellectual property is one important intangible asset that is gaining a prominent
position in the global economics. Changes in the world business environment have influenced
the development of business models where intellectual property is central elements in
establishing potential growth and value (Banks, 2012). Intellectual property is important
because of its ability to provide a company with competitive advantages (Research and
markets, 2010). Take for instance in the case of Samsung vs. Apple, people consider the shape
of a tablet before purchasing it such as whether it is excellent when in rectangular form or
rounded corners. The use of touch screen technology also provides a competitive advantage in
the Smartphone production industry, and these giant companies protect other companies from
adopting such technology (Apple vs. samsung lawsuit, 2011). The purpose of intellectual
property is to encourage innovation and invention of new ways of doing things. On the same
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note, intellectual property rights are instituted to ensure that creators and inventors of new ideas
benefit from their own invention. And as such, the law about intellectual property is important
in the business world for ensuring that intangible assets are protected and that entrepreneurs
enjoy the benefits of their creativity and innovation (Banks, 2012).
c. Specific disagreements between the two parties
In this case Apple accused Samsung of copying software features such as universal
search, quick links, slide-to-unlock, automatic word correction and background syncing (Apple
vs. samsung lawsuit, 2011). The patents Nos. were 5,946,647; 7,761,414; 8.046, 721; 8,074,172
and 6,847,959. Their argument was that their patents make the user interface more engaging
and enable ease of use. On the other hand, Samsung Accused Apple for infringing ‘239 patent
about video transmission functionality and patent camera and folder organization functionality
(Apple vs. samsung lawsuit, 2011). The U.S. Patent Nos. is 5,579,239 and 6,226,449.
d. Ruling of the court
The court ruled that Samsung infringed Apple’s patent “quick links for ‘647”. The Jury
also found that the “slide-to-unlock feature” was used in some of the Samsung devices, for
instance, Galaxy Nexus (Apple vs. samsung lawsuit, 2011). The Judge also ruled out that
Samsung infringed “automatic word correction” patent.
- Evaluate key judicial concepts that influence the decisions related to business
a. Was there a dissenting opinion? If so, explain why some of the judges or justices
disagreed with the majority in the decision.
Yes. There was a dissenting opinion on the ‘647 patent. The judges differed that the
patent was too broad. The Samsung counsel argued that Judge Koh infringement and damages
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claim should have been removed because it was erroneously supported based on a wrong claim.
Judge Koh had disagreed with Posner claim of construction earlier in Apple vs. Motorola.
b. Provide examples and cites dissenting rules and reason for dissent
The United States Court of Appeals affirmed construction of ‘647 “quick links” after
seven and half months. Judge Posner allowed the Chicago trials to take place though it was
cancelled earlier (Apple vs. samsung lawsuit, 2011). Judge Posner decision on denial of an
injunction was supported by most of the judges though Chief Judge Rader differed.
c. Do you agree with court’s decision? Why or why not
Yes. I agree with court decision because such claims should be heard in a court of
appeal so as to recognize the value of patents and compensate the inventors however much
cheap a patent might look (Research and markets, 2010).
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References
Apple vs. samsung lawsuit full of secret combat. (2011). Reuters Hedgeworld,
