
The recent court rulings in both South Korea and the USA regarding the legal battle between Samsung and Apple, over the infringement of patents, shows the current court based battlefields of technology companies.
The balance between the promotion of innovation and the safeguarding of patent infringement is being tested in the fallout of recent events.
The court decision in South Korea ruled that both sides had infringed on each other patent designs, with both Samsung and Apple, banned from selling some of their products, with both sides receiving relatively small fines. Last Friday a Californian court ruled in favour of Apple, judging that Samsung had infringed on all but one of Apple’s patents with an imposition of a $1 billion fine.
The amount of patents and the scale of breadth of which they are able to cover is a genuine risk to promoting innovation. While Samsung’s rebuttal to the US patent decision, as giving, “one company a monopoly over rectangles with rounded corners”, doesn’t justify the similarities in both design and code of Apple and Samsung products, it does highlight the point, that patent laws in countries including the US are becoming overly restrictive.
Arguments against heavy patent laws can focus on restrictions to innovations which build on a template design, licenced to another holder, or that patents are able to be enforced on a blanket technology or design.
Supporters of a powerful patent system say that such a system ensures innovation, preventing slight modification of patented designs rather than forward thinking improvement. Horace Dediu, mobile analyst at Asymco, said “Samsung is already more consciously avoiding copying”.
The impact of the court ruling will be seen over the following months, as other Apple rivals such as HTC, Sony and Lenovo, wait to see if further legal action will follow.
The hidden winner of the patent rulings may emerge as Microsoft, with the original design of the Windows Phone secure in the background of patent disputes and in position to innovate with the release of its new operating system.