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Patent Litigation and the Internet - Article Example

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This research is being carried out to evaluate and present a review of the literature on the market for cell phones, and the prospects for Samsung smartphones in the wake of the ruling awarding Apple US 1 billion dollars in its patent suit against Samsung…
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Patent Litigation and the Internet
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Download file to see previous pages It is evidently clear from the discussion that 21 smartphones in Samsungs lineup, including the newest iteration of its Galaxy line the Galaxy S III, are being targeted for the ban. The goal, it seems clear, is to shut out Samsung from this important market, and in other key markets around the world. Taking a step back, differentiation for Samsung comes, first from the scale and the ability to compete on scale economics rather than design, and later with innovations around design, manufacturing, software and apps, new materials, further improvements in scale for component parts. The case highlights the notion of the smartphone industry in general as being an area that is fraught with litigation, where patents are being used as weapons in a kind of arms race for supremacy in the space. The estimates at present are that about 250,000 different patents cover a smartphone from the skin to the electronic board, and each of those patents can be used to claim some stake in the whole technology. That claim can be used to ignite patent litigation. It is noteworthy that Apple's patents cover areas tied to design, which moving forward are considered to be harder to enforce in comparison to the nuts and bolts engineering and technological patents that other patent holders, such as Nokia and Samsung, hold. In the fray too, are patents from other major players, such as Microsoft, and to a lesser extent, Google, the latter being the indirect target of the Apple patent suits against Samsung. Experts note that Google is really the ultimate target of the Apple suits, and linked to Google, all the other major players in the Android ecosystem, including HTC. Yet smartphones technologies and patents differ too, in one crucial respect, in that while patent lawsuits can temporarily derail market advancement, in the long run, engineers are able to create workarounds that skip using contested technologies and patents altogether, or else manufacturers such as Samsung are forced to enter into  patent licensing agreements when the patents in question are essential and irreplaceable. ...Download file to see next pagesRead More
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