Apple loses patent battle to rivals Samsung

By Danielle Middleton topicIcon Mobile Marketing

Smartphone giants fight for patent

The two giants of the smartphone world have been battling for the rights to a 3G patent, and yesterday Samsung emerged as the victors.

The verdict does not affect the sale of Apple products in the US during the 60 day review period, during which time President Obama could overturn the ruling. Following the review Apple could be forced to remove their patent violating products from sale in the US, including the 3G capable iPad 2 and iPhone 4.

Products released in 2012 will remain unaffected but those from 2010 have been found to breach a patent owned by Samsung, a sore point for Apple who claim the patent was improperly licensed.

Ongoing battle of the smartphones

Samsung has said of the issue to the AllthingsD website, "We believe the ITC's final determination has confirmed Apple's history of free-riding on Samsung's technological innovations."

The iPad manufacturer has alleged that the patent acquired by Samsung allows licensees to use the technology for a reasonable fee, as they are required to do for standard essential products (SEPs).

Patent debates

The decision came only hours after Barack Obama pledged to shake up the current US patent system including the International Trade Commission (ITC). Meanwhile the European Commission has indicated that it will take legal action against Samsung for seeking a sales ban on SEPs, the very same instance in which the ITC has backed Samsung.

During Q1 2013 Samsung out sold Apple two to one, despite Apple's smartphone business being more profitable.

Tom Glass, creative director at theEword said; "This has been an ongoing battle between the two brands which obviously one side had to lose. I don't see it affecting Apple's future too much particularly with the planned re-jig of the patent law due soon; it is quite likely that at this point in time both sides will receive a fine from either the ITC or the European Commission."