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Running head: APPLE VS SAMSUNG The Intellectual Property Involved with the Apple vs. Samsung Group 6- Team Project Noemi Badillo, Muna Gurung, Alan Harris, Lakisha Johnson, Jiselle Vargas, & Lashondra Vigay DeVry University Legal Political and Ethical Dimensions of Business- MGMT 520 Professor Joel Bunkowske 11/24/18
2 APPLE VS SAMSUNG Apple vs. Samsung Case Analysis Parties The parties involved in this case are Apple Inc. and Samsung Electronics Co. Both parties have sued each other at different times. The initial plaintiff in this case is Apple Inc. and the defendant party is Samsung. Facts The battle between Apple and Samsung dates back to April 2011. Apple Inc. accused Samsung of various infringements of patents, trademarks, user interface, and style of devices (Elmer-Dewitt, 2015). Samsung then decided to countersue the company accusing them of alleged infringement of their mobile communications patents. The case was taken to court in California and trialed by a jury in July 2012. In August 2012 the jury ruled in favor of Apple awarding the company with more than $1 billion for the damages caused by Samsung in regards to the multiple hardware and software features copied off of their iPhone and iPad (Yurieff, 2018). During this verdict the jury determined that there were signs of infringement in twenty-six of Samsung’s smartphones and tablets (Find Law, 2018). The devices appeared to display six of the competition’s patents, three of the patents pertained to the design of the devices and the other three were utility patents. Samsung’s counter claim was rejected by the jury and they were awarded $0 at the time.
3 APPLE VS SAMSUNG According to Elmer-Dewitt (2018), the judge presiding the case decided that the jury made a $400 million error in their decision so this led to a retrial that ended up reducing Apple’s award in Nov. 2013’s retrial granting them $290 million. Apple filed a request of permanent injunction against Samsung to stop the organization from importing or selling any of the infringed devices, but the judge denied their plea (Find Law, 2018). The case went on to a second trial and Apple was once again favored by the jury receiving an award of $120 million and Samsung $160,000 (Elmer-Dewitt, 2015). The Apple v. Samsung case made it to the supreme court and justices then sent the case back to the small courts to determine the financial penalties (Yurieff, 2018). In May 2018 Samsung was ordered to pay $539 million in damages by the US District Court of North Carolina (Tsukayama, 2018). After seven years the two powerful companies have decided to agree to a settlement outside of the courts but have yet to disclose the final terms of their agreement (Yurieff, 2018).

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