Round one of the epic battle between Apple and Samsung started last year. The patent war began when Apple accused Samsung of design and format function infringement. Apple claimed that Samsung infringed on patents for software features and as a result, the company was awarded over $1 billion in damages.
However, round two is just beginning. Samsung recently claimed that Apple infringed on its patent for encoding mobile communication in AT&T model phones. This claim resulted in an embargo that will be sure to rock the market in the near future.
The International Trade Commission (ITC) officially banned Apple from importing and selling the AT&T models that infringed on the Samsung patent. The big news here is not only the embargo, rather the products that fall under it. The AT&T iPhone 4, 3GS, 3, and the 3G iPad/iPad 2 can no longer be sold due to the ITC ruling.
This is quite possibly the biggest blow a company like Apple could receive. Samsung could really take advantage of this and easily take a strong lead in the smartphone battle. Even before this ban, we have been seeing a strong growth in Samsung products.
Could it be that Apple’s window of success is nearing a close?
This is a tough question to answer due to the constant fluctuations in the tech market. These changes in the market come from powerful Internet marketing companies and ad campaigns that help to brand companies like Apple and Samsung. However, I strongly believe that Samsung is a major competitor for Apple that has done its homework and its ready to take first place.
But it is important to note that Apple is not totally in the dark and its executives totally understand how this “game” works. Apple plans to appeal the ruling despite the fact that the ruling is “final,” as stated by the ITC.
Apple realizes the finality of the ruling, but that doesn’t mean they don’t have the right to appeal the ban. And by appealing the ban, Apple has bought more time. Time, not only to prepare new products and stay in the market battle, but time also to continue selling the banned products.
Yes, you read that right. If Apple appeals, which a spokesperson of theirs has already claimed they will, then the products are still alive because the appeal is keeping the ruling in session. Thus keeping the products breathing in the U.S. and ready for sale. When the appeal fails and the ruling stands as is, then the ban will take affect.
As Samsung’s window of opportunity begins to open, keep your eyes on what Samsung will do next. Expect big advancements that could knockout Apple and push smartphone technology to a new level. Samsung has a great opportunity that they must seize.
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