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( Jessica H. Bui ) 홍익대학교 법학연구소 2012 동북아법 Vol.6 No.-
The smartphone industry today is intensely competitive. Patents are increasingly used as leverage against competitors to secure or increase their respective market shares while slowing competitors` progress. Since 2010 the number of lawsuits, counter-suits, and trade complaints based on patents and designs in the market of smartphones and devices based on two dominant smartphone operating systems (OS) such as Google`s Android and Apple`s iOS, has increased significantly. For example, in March 2010, Apple first sued Google-Android partner HTC for patent infringement of iPhone`s features including iOS user interface, underlying architecture and hardware. Similarly, in October 2010, Apple also filed lawsuits against Motorola Mobility over six multi-touch OS patents that make up much of the signature touchscreen inventions of the iPhones. In April 2011, Apple then sued Google leading Android partner, Samsung for patent infringement of user interface and design features of iPhones and iPads. The patent dispute between Apple and Samsung, in what has been billed as “The Patent Trial of the Century”, is particularly intriguing because Apple and Samsung work closely together for many years. Samsung is one of Apple`s largest suppliers of components such as memory chips and components for all Apple`s products including iPhones and iPads, and Apple one of Samsung`s biggest customers. Nevertheless, this symbiotic relationship between Apple and Samsung has not deterred either company from competing head-on in the smartphone market. That dispute has mushroomed into 50 different lawsuits in 10 different countries, including four in the U.S., 12 in Germany, one in the UK, two each in France, Italy, the Netherlands, South Korea, and Australia, and three in Spain. This paper will focus on the lawsuits between Apple and Samsung both in the U.S. and around the world, and explore the practical implications and repercussions of the Apple vs. Samsung case relative to Google and other smartphone competitors within the smartphone industry, patents and innovation, and the general public.
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