Introduction

Samsung vs. Apple Patent Case

Discuss the Ethics Concerns in ICT in the context of the Samsung vs. Apple Patent Case.

• Brief history

 In recent years, the field of information and communication technology (ICT) has exploded. As the use and utilization of ICT have increased, so has the number of ethical difficulties and problems that have arisen. There are various ethical concerns in ICT that are now being studied, including that personal privacy, safety, proprietary information, social integration, cyber-crime, professionalism, and many others. When these ethical limits are violated, there are frequently grave repercussions that are recognised, resulting in negative implications for all concerned parties (Lowensohn 2012). The legal provisions for the parties involved are the result of the ethical violation related to ICT clubs and organizations. Various ethical concepts have been defined, and the same has already been used in the study case that was examined for the study.

The case study explores a patent lawsuits dispute that arose among Apple. inc and Samsung Electronics Company, two of the largest names in the phone manufacturing sector. In early 2011, Apple filed a patent infringement lawsuit against Samsung, accusing either of the other replicating certain of its unique features, resulting in a drop in the former’s market share. In response, Samsung refuted Apple’s charges and accused another of infringing on certain of its patented technologies (Nicas 2018). Both parties had asserted numerous claims in connection with the patent infringement that occurred, the most common of which were reimbursement for loss and the penalties imposed on the other side.

On the 24th of August, 2012, the jury made their decision. The decision was decisive and bold. The American jury found in favour of Apple and directed Samsung to reimburse Apple $1,049,343,540,1 in damages, which, if upheld, would be the world’s highest creative patent litigation jury judgement ever. Even though the verdict was eventually challenged in the US. (US), the massive damages award might be frenetic and confuse the global tech sector. If Samsung is punished for attempting to build rectangle smartphones or tablets that are similar to Apple’s, other businesses will be hesitant to manufacture new rectangular devices (Lowensohn 2012).

If this layout trademark dispute influences how other high-tech corporations develop new products, consumers may be forced to bear the unintended consequence of increased pricing as a result of fewer options. Samsung has indeed been cleared of the accusations that were brought against it by the lower courts, according to the Korean Supreme High court legal verdict.

2.1 BUSINESS ETHICS DEFINITION

 According to Hill and Jones (1998), business ethics is the training of how to discriminate between right and evil in order and can provide feedback to each corporate leader when making strategic decisions involving complicated moral issues. He went on to say, “The majority of us already have a good understanding of right and wrong. Other dangers are already known to us.” ( ) “The majority of us have had a good understanding of right and wrong. We certainly understand that one acts in a way that puts the lives of others at risk “(Imaginative+ paraphrase).

2.2 PATENT A. Patents are defined by Law No. 14 of 2001 on Patents. Patents are exclusive rights granted by the state to innovators for the outcomes of their innovation in the field of technologies, which they carry out personally or provide permission to others to carry out for a set length of time. (Paragraph 1 of Article 1) B. The World Intellectual Property Organization’s (WIPO) definition of a patent An innovation is a product or technique that gives a new method of something or the latest technological desirable outcome (An exclusive right is awarded for invention, for example) which is an item or procedure that offers a new technological solution to a problem or a unique method of something. (The exclusive right is awarded for an innovation, which would be a product or a technique that offers a new technological solution to the issue or proposes a unique way of something.)

2.3 SAMSUNG VS. APPLE CASE CHRONOLOGY

A court in Australia ordered in October 2011 to prohibit the sale of the Samsung Galaxy Tab 10. 1. Samsung is thought to be mimicking Apple’s touch screen and control mechanism. Apple filed a lawsuit against Samsung in January 2012, citing information in the form of code requirements and formal certificate data for two of their products that were duplicated by ten different Samsung goods. Samsung filed a new lawsuit against Apple in March 2012, citing three patent innovations exploited by iPhone the iPhone 4S and iPad 2. The complaint was filed just days before the iPad 3 was released by Apple. The two were instructed to meet in April 2012 by a US judge to come up with a solution, but the talks broke down amid a route. Samsung was found to have infringed on several Apple patents by a jury in August 2012. Samsung agreed to pay Apple $ 1.51 billion in funding, and the sales of Samsung cellphones in the United States was restricted (Nicas 2018).

2.4 ANALYSIS OF CASE STUDIES

The copyright is exclusive; only the innovator can create an invention for which unique privileges can be granted, but he can carry out all the innovation personally or provide permission to others to do so, such as through a licence. Patent claims must satisfy three main criteria: inventions must be novel and original, and they must apply to the TRIPs (Agreement On trade-related Intellectual Rights) industry’s interests (Vaughan-Nichols, 2011). The copyright is geographical or state-specific, and it protects the first registration as well as the first user. SETTLEMENT (2.5) A jury in a Silicon Valley court ruled that Korean phone manufacture. For tracking a range of attributes on iPhone smartphones and iPad tablet computers for its production telephones, Samsung had to compensate Apple $ 290 million (Rp.3.3 trillion). This decision came after a jury sentenced Samsung to a fine of US $ 1.05 million for patent lawsuits against Apple. However, regional district judge Lucy Koh bought the new hearing since the jury overestimated the number of penalties Samsung must pay, according to him. This verdict is expected to be appealed to by Samsung.

“We applaud you since the Jury informed Samsung that the copying was punished,” Apple said in a release. The jury determined that 13 of Apple’s 26 tools could be traced and verified using Samsung’s expertise. These features are primarily found in Samsung’s older mobile or tablet versions.

CONCLUSION

 Final Thoughts Samsung was accused of replicating some patented technologies in an early 2011 infringement case against Apple, which led to a fall in Samsung’s former market dominance. Samsung, on the other hand, refuted Apple’s claims and charged the latter with infringing on many patents. All sides have brought several patent litigation claims, the most common of which are reimbursement for loss and the enforcement of fines on the one hand.

References

Lowensohn, J. (2012). Jury awards Apple more than $1B, finds Samsung infringed. CNET. CBS Interactive. Retrieved from https://www.cnet.com/news/jury-awards-apple-more-than-1b-finds-samsung-infringed/

Nicas, J. (2018). Apple and Samsung End Smartphone Patent Wars. Retrieved from: https://www.nytimes.com/2018/06/27/technology/apple-samsung-smartphone-patent.html
Vaughan-Nichols, S. (2011). Apple’s Worldwide War on Samsung and Android. Retrieved from: https://www.zdnet.com/article/apples-worldwide-war-on-samsung-and-android/