Put an end to patent battle

An early settlement of the dispute between Samsung and Apple would benefit consumers and the global mobile device industry as a whole. 

An Apple Inc. iPad 2 and iPhone 4S smartphone, left, and a Samsung Electronics Co. Galaxy Tab 10.1 tablet computer and Galaxy S III smartphone are arranged for a photograph in Seoul, South Korea, On Tuesday. (Bloomberg)

SEOUL: Samsung Electronics has suffered a crushing defeat in a landmark patent battle against Apple Inc. A US jury last Friday found that the Korean smartphone maker infringed upon a number of patents held by Apple, while the American tech giant did not violate any of its Korean rival’s intellectual properties.

The jury’s judgement is widely criticised here as unfair. But it is highly likely to be upheld by the California court, dealing a serious blow to Samsung, the world’s largest mobile device producer. Samsung accounted for 32.6% of the global market in the second quarter against Apple’s 16.9%.

The nine-member jury ordered Samsung to pay US$1.05bil (RM3.28bil) in damages to Apple. The damages – much larger than expected – could be doubled or even tripled by the judge overseeing the trial, given the jury’s scathing verdict that Samsung “willfully” infringed on Apple’s coveted patents.

Samsung also faces a US sales ban on its mobile devices. Following the trial win, Apple presented to the judge a list of Samsung products it wants barred. Apple identified eight Samsung smartphone and tablet models but did not include Samsung’s new flagships, the Galaxy S3 and the Galaxy Note. Consequently, the sales ban, even if accepted by the court, is unlikely to have a serious impact on Samsung.

The US court’s ruling could also negatively affect patent battles between the two under way in nine countries over four continents. Unfavourable rulings in these countries would pour cold water on Samsung’s ambition to cement its global market leadership.

Furthermore, the jury seriously wounded Samsung’s pride by slamming it as a copycat. This is an insult hard to swallow, as Samsung has worked hard to secure leadership in mobile technology.

Given the high stakes involved, it is only natural that Samsung has decided to file post-verdict motions to overturn what it saw as the jury’s one-sided judgement. It plans to take the case to the court of appeals if its motions are rejected.

This suggests that the patent war will not end any time soon. Samsung is determined to continue the legal battle to make its case that Apple did encroach upon its hard-won patents for mobile technologies.

At the same time, Samsung is seeking to turn the tables in the next round of the battle by utilising its patents for fourth-generation technologies called “long-term evolution.”

Samsung is betting that it would be able to use some of its LTE patents as weapons against its rival because they have not been made open as industry standards. It is wondering how Apple can produce its next-generation model, the iPhone 5, without using its patented LTE technologies.

In light of Samsung’s technological prowess and deep pockets, the company will be able to overcome the grave challenge it is facing now.

For instance, it won’t have much difficulty paying the US$1.05bil (RM3.28bil) damages set by the jury, given that its net profit amounted to US$4.5bil (RM in April-June alone.

Yet Samsung should learn a lesson from the costly patent war. It is imperative for the company to transform itself from a fast follower to a first mover. It needs to go back to the drawing board to make its products truly innovative both in design and functions. It might want to risk a radical design that can differentiate its products from others.

Apple, emboldened by last Friday’s triumph, may be tempted to expand the patent war to collect royalties from other smartphone makers that rely on Google’s Android operating system. Yet it should realise that no company has ever succeeded in establishing market leadership through patent litigations. A company can only become a market leader through competition in the marketplace.

Apple also needs to know that any attempt to drive Android-based smartphone producers into a corner could backfire in the long term, as it will spur their efforts to become more innovative. With their survival at stake, they will be compelled to change the game as they cannot beat Apple at its own game.

In this regard, we urge Apple and Samsung to reach a deal that can benefit both. Apple could set royalties for Samsung at a level that would not undermine the Korean company’s earnings too much. An early settlement of the dispute would also benefit consumers and the global mobile device industry as a whole.

 
By EDITORIAL DESK

Related posts
Apple patent claims stifling innovation; Japan court rules in favour of Samsung 
Apple wins $1bn in US while Samsung wins in Korea; it may reshape the free Google Android system 
Apple's rot starts with its Samsung lawsuit win 
US Stocks dominate; Korean share drops after US's ruling on Apple-Samsung patent wars 
The US Pacific free trade deal that's anything but free?
 

Put an end to patent battle

An early settlement of the dispute between Samsung and Apple would benefit consumers and the global mobile device industry as a whole. 

An Apple Inc. iPad 2 and iPhone 4S smartphone, left, and a Samsung Electronics Co. Galaxy Tab 10.1 tablet computer and Galaxy S III smartphone are arranged for a photograph in Seoul, South Korea, On Tuesday. (Bloomberg)

SEOUL: Samsung Electronics has suffered a crushing defeat in a landmark patent battle against Apple Inc. A US jury last Friday found that the Korean smartphone maker infringed upon a number of patents held by Apple, while the American tech giant did not violate any of its Korean rival’s intellectual properties.

The jury’s judgement is widely criticised here as unfair. But it is highly likely to be upheld by the California court, dealing a serious blow to Samsung, the world’s largest mobile device producer. Samsung accounted for 32.6% of the global market in the second quarter against Apple’s 16.9%.

The nine-member jury ordered Samsung to pay US$1.05bil (RM3.28bil) in damages to Apple. The damages – much larger than expected – could be doubled or even tripled by the judge overseeing the trial, given the jury’s scathing verdict that Samsung “willfully” infringed on Apple’s coveted patents.

Samsung also faces a US sales ban on its mobile devices. Following the trial win, Apple presented to the judge a list of Samsung products it wants barred. Apple identified eight Samsung smartphone and tablet models but did not include Samsung’s new flagships, the Galaxy S3 and the Galaxy Note. Consequently, the sales ban, even if accepted by the court, is unlikely to have a serious impact on Samsung.

The US court’s ruling could also negatively affect patent battles between the two under way in nine countries over four continents. Unfavourable rulings in these countries would pour cold water on Samsung’s ambition to cement its global market leadership.

Furthermore, the jury seriously wounded Samsung’s pride by slamming it as a copycat. This is an insult hard to swallow, as Samsung has worked hard to secure leadership in mobile technology.

Given the high stakes involved, it is only natural that Samsung has decided to file post-verdict motions to overturn what it saw as the jury’s one-sided judgement. It plans to take the case to the court of appeals if its motions are rejected.

This suggests that the patent war will not end any time soon. Samsung is determined to continue the legal battle to make its case that Apple did encroach upon its hard-won patents for mobile technologies.

At the same time, Samsung is seeking to turn the tables in the next round of the battle by utilising its patents for fourth-generation technologies called “long-term evolution.”

Samsung is betting that it would be able to use some of its LTE patents as weapons against its rival because they have not been made open as industry standards. It is wondering how Apple can produce its next-generation model, the iPhone 5, without using its patented LTE technologies.

In light of Samsung’s technological prowess and deep pockets, the company will be able to overcome the grave challenge it is facing now.

For instance, it won’t have much difficulty paying the US$1.05bil (RM3.28bil) damages set by the jury, given that its net profit amounted to US$4.5bil (RM in April-June alone.

Yet Samsung should learn a lesson from the costly patent war. It is imperative for the company to transform itself from a fast follower to a first mover. It needs to go back to the drawing board to make its products truly innovative both in design and functions. It might want to risk a radical design that can differentiate its products from others.

Apple, emboldened by last Friday’s triumph, may be tempted to expand the patent war to collect royalties from other smartphone makers that rely on Google’s Android operating system. Yet it should realise that no company has ever succeeded in establishing market leadership through patent litigations. A company can only become a market leader through competition in the marketplace.

Apple also needs to know that any attempt to drive Android-based smartphone producers into a corner could backfire in the long term, as it will spur their efforts to become more innovative. With their survival at stake, they will be compelled to change the game as they cannot beat Apple at its own game.

In this regard, we urge Apple and Samsung to reach a deal that can benefit both. Apple could set royalties for Samsung at a level that would not undermine the Korean company’s earnings too much. An early settlement of the dispute would also benefit consumers and the global mobile device industry as a whole.

 
By EDITORIAL DESK

Related posts
Apple patent claims stifling innovation; Japan court rules in favour of Samsung 
Apple wins $1bn in US while Samsung wins in Korea; it may reshape the free Google Android system 
Apple's rot starts with its Samsung lawsuit win 
US Stocks dominate; Korean share drops after US's ruling on Apple-Samsung patent wars 
The US Pacific free trade deal that's anything but free?
 

Put an end to patent battle

An early settlement of the dispute between Samsung and Apple would benefit consumers and the global mobile device industry as a whole. 

An Apple Inc. iPad 2 and iPhone 4S smartphone, left, and a Samsung Electronics Co. Galaxy Tab 10.1 tablet computer and Galaxy S III smartphone are arranged for a photograph in Seoul, South Korea, On Tuesday. (Bloomberg)

SEOUL: Samsung Electronics has suffered a crushing defeat in a landmark patent battle against Apple Inc. A US jury last Friday found that the Korean smartphone maker infringed upon a number of patents held by Apple, while the American tech giant did not violate any of its Korean rival’s intellectual properties.

The jury’s judgement is widely criticised here as unfair. But it is highly likely to be upheld by the California court, dealing a serious blow to Samsung, the world’s largest mobile device producer. Samsung accounted for 32.6% of the global market in the second quarter against Apple’s 16.9%.

The nine-member jury ordered Samsung to pay US$1.05bil (RM3.28bil) in damages to Apple. The damages – much larger than expected – could be doubled or even tripled by the judge overseeing the trial, given the jury’s scathing verdict that Samsung “willfully” infringed on Apple’s coveted patents.

Samsung also faces a US sales ban on its mobile devices. Following the trial win, Apple presented to the judge a list of Samsung products it wants barred. Apple identified eight Samsung smartphone and tablet models but did not include Samsung’s new flagships, the Galaxy S3 and the Galaxy Note. Consequently, the sales ban, even if accepted by the court, is unlikely to have a serious impact on Samsung.

The US court’s ruling could also negatively affect patent battles between the two under way in nine countries over four continents. Unfavourable rulings in these countries would pour cold water on Samsung’s ambition to cement its global market leadership.

Furthermore, the jury seriously wounded Samsung’s pride by slamming it as a copycat. This is an insult hard to swallow, as Samsung has worked hard to secure leadership in mobile technology.

Given the high stakes involved, it is only natural that Samsung has decided to file post-verdict motions to overturn what it saw as the jury’s one-sided judgement. It plans to take the case to the court of appeals if its motions are rejected.

This suggests that the patent war will not end any time soon. Samsung is determined to continue the legal battle to make its case that Apple did encroach upon its hard-won patents for mobile technologies.

At the same time, Samsung is seeking to turn the tables in the next round of the battle by utilising its patents for fourth-generation technologies called “long-term evolution.”

Samsung is betting that it would be able to use some of its LTE patents as weapons against its rival because they have not been made open as industry standards. It is wondering how Apple can produce its next-generation model, the iPhone 5, without using its patented LTE technologies.

In light of Samsung’s technological prowess and deep pockets, the company will be able to overcome the grave challenge it is facing now.

For instance, it won’t have much difficulty paying the US$1.05bil (RM3.28bil) damages set by the jury, given that its net profit amounted to US$4.5bil (RM in April-June alone.

Yet Samsung should learn a lesson from the costly patent war. It is imperative for the company to transform itself from a fast follower to a first mover. It needs to go back to the drawing board to make its products truly innovative both in design and functions. It might want to risk a radical design that can differentiate its products from others.

Apple, emboldened by last Friday’s triumph, may be tempted to expand the patent war to collect royalties from other smartphone makers that rely on Google’s Android operating system. Yet it should realise that no company has ever succeeded in establishing market leadership through patent litigations. A company can only become a market leader through competition in the marketplace.

Apple also needs to know that any attempt to drive Android-based smartphone producers into a corner could backfire in the long term, as it will spur their efforts to become more innovative. With their survival at stake, they will be compelled to change the game as they cannot beat Apple at its own game.

In this regard, we urge Apple and Samsung to reach a deal that can benefit both. Apple could set royalties for Samsung at a level that would not undermine the Korean company’s earnings too much. An early settlement of the dispute would also benefit consumers and the global mobile device industry as a whole.

 
By EDITORIAL DESK

Related posts
Apple patent claims stifling innovation; Japan court rules in favour of Samsung 
Apple wins $1bn in US while Samsung wins in Korea; it may reshape the free Google Android system 
Apple's rot starts with its Samsung lawsuit win 
US Stocks dominate; Korean share drops after US's ruling on Apple-Samsung patent wars 
The US Pacific free trade deal that's anything but free?
 

'China-threat theory' dismissed

 PHOTO: REUTERS/FILE 

COLOMBO: Chinese Defence Minister Liang Guanglie says Beijing's increasingly close ties with South Asia are aimed at ensuring regional "security and stability" and are not intended to harm any "third party".

Liang, the first Chinese defence minister to visit Sri Lanka, did not name India -- where he heads to Sunday -- but officials in New Delhi have expressed concerns about Beijing's influence in Sri Lanka, Bangladesh, Maldives, Nepal and Pakistan.

India fears it might be part of a Chinese policy to throw a "string of pearls" -- a circle of influence -- around regional rival India.

But in a speech released by Sri Lanka's military on Saturday, Liang said that China had only peaceful intentions in South Asia, while stressing that the Indian Ocean was an important supply route for his fast-developing country.

Beijing is seeking "harmonious co-existence and mutually beneficial and win-win cooperation" with countries in the region, he told a Sri Lankan army staff college on Thursday, according to a copy of the speech.

In New Delhi, the minister will be a guest of the defence ministry, an Indian government spokesman said, without giving details of what will be discussed.

India is warily eyeing growing Chinese clout in what New Delhi regards as its traditional sphere of influence.

Liang dismissed the "China-threat theory".

"Some people in the international community suspect that China would take the road of expansion with force and have been actively spreading the 'China-threat theory'," he said.

"The People's Liberation Army (China's armed forces) efforts in conducting friendly exchanges and cooperation with its counterparts in South Asian are intended for maintaining regional security and stability and not targeted at any third party," he added.

Liang said his trip to Colombo was aimed at further strengthening close ties with Sri Lanka, including military cooperation.

China is a key supplier of weapons to the Sri Lankan military, which in 2009 crushed the Tamil Tiger rebels and declared an end to 37 years of ethnic conflict that claimed up to 100,000 lives on the island, according to UN estimates.   – AFP

Respond calmly to 'China threat theory'

China has won acclaims for its significant economic and social achievements since the reform and opening-up, but at the same time it has been seen as a threat by many countries.

Conflict of interest, an underlying cause of "China threat theory"

The "China threat theory" is caused by the country's rapid growth in economic and military strength, and is bound to accompany the country's rise as a great power.

In the eyes of certain Western powers, China's rise poses a challenge to the traditional Western-led international order and geopolitical landscape. According to the history of capitalism's rise, the rise of all great powers was accompanied by the use of force and wars. For example, the rise of the United Kingdom, the United States, Germany, and Japan all followed the same old path of wealth accumulation, military buildup, and military expansion. Western international relations theories formed on this basis, be it the Western power shift theory or hegemony transfer theory, believe that China's rise will cause a shift of power among countries and break the existing international order, which will cause global instability and even wars.

Therefore, the real reason for Western countries to propagate the "China threat theory" is that they are afraid that China will challenge the existing international status when it becomes strong. The western countries hope to restrict the rise of China by means of the "China threat theory."

"China threat theory" has dual effect of containment and stimulation

In order to curb and interfere with China's development, the Western countries hype the new round of "China threat theory." However, the result is counterproductive. The "China threat theory" exaggerated by the Western countries for decades produced a dual effect of containment and stimulation.

On one hand, the "China threat theory" damaged the image of China and deterred the development pace of China. It deteriorated the surrounding environment of China to some extent and made China must face a more complex international environment and withstand more external pressure.

On the other hand, as an imposed power, the "China threat theory" strengthened China's sense of crisis and stimulated the rise and development of China. According to the "challenge-response" theory of British historian Arnold J. Toynbee, the organism will instinctively produce a series of effective responses in the face of challenges and ultimately promote its development.

Take a calm and initiative attitude in response to "China threat theory"

The "China threat theory" has become a preferred tool in the domestic politics of some countries, and has become a power discourse in the international community. Whenever some countries suffer from relevant domestic political issues, they often take the "China threat theory" as shields. For example, in the currently heated U.S. presidential election, the "China threat theory" is the stock in trade of the Obama administration. Facing the "China threat theory," we have to be calm and initiative, but also take the following effective methods.

Firstly, have a calm state of mind compatible with other dominant countries. Secondly, continue to promote and intensify international cooperation. Thirdly, actively build a favorable national image. Fourthly, unswervingly follow the road of peaceful development.

Therefore, the fundamental way to offset the negative effects of "China threat theory" is to vigorously develop China's national strength. Besides, we should concentrate on our own business so as to ride out the current critical period of development. By then, the "China threat theory" as a special historical symbol in China's development process will naturally fade.

Read the Chinese version at http://zqb.cyol.com/html/2012-04/06/nw.D110000zgqnb_20120406_1-09.htm

By Shi Qingren (China Youth Daily)

'China-threat theory' dismissed

 PHOTO: REUTERS/FILE 

COLOMBO: Chinese Defence Minister Liang Guanglie says Beijing's increasingly close ties with South Asia are aimed at ensuring regional "security and stability" and are not intended to harm any "third party".

Liang, the first Chinese defence minister to visit Sri Lanka, did not name India -- where he heads to Sunday -- but officials in New Delhi have expressed concerns about Beijing's influence in Sri Lanka, Bangladesh, Maldives, Nepal and Pakistan.

India fears it might be part of a Chinese policy to throw a "string of pearls" -- a circle of influence -- around regional rival India.

But in a speech released by Sri Lanka's military on Saturday, Liang said that China had only peaceful intentions in South Asia, while stressing that the Indian Ocean was an important supply route for his fast-developing country.

Beijing is seeking "harmonious co-existence and mutually beneficial and win-win cooperation" with countries in the region, he told a Sri Lankan army staff college on Thursday, according to a copy of the speech.

In New Delhi, the minister will be a guest of the defence ministry, an Indian government spokesman said, without giving details of what will be discussed.

India is warily eyeing growing Chinese clout in what New Delhi regards as its traditional sphere of influence.

Liang dismissed the "China-threat theory".

"Some people in the international community suspect that China would take the road of expansion with force and have been actively spreading the 'China-threat theory'," he said.

"The People's Liberation Army (China's armed forces) efforts in conducting friendly exchanges and cooperation with its counterparts in South Asian are intended for maintaining regional security and stability and not targeted at any third party," he added.

Liang said his trip to Colombo was aimed at further strengthening close ties with Sri Lanka, including military cooperation.

China is a key supplier of weapons to the Sri Lankan military, which in 2009 crushed the Tamil Tiger rebels and declared an end to 37 years of ethnic conflict that claimed up to 100,000 lives on the island, according to UN estimates.   – AFP

Respond calmly to 'China threat theory'

China has won acclaims for its significant economic and social achievements since the reform and opening-up, but at the same time it has been seen as a threat by many countries.

Conflict of interest, an underlying cause of "China threat theory"

The "China threat theory" is caused by the country's rapid growth in economic and military strength, and is bound to accompany the country's rise as a great power.

In the eyes of certain Western powers, China's rise poses a challenge to the traditional Western-led international order and geopolitical landscape. According to the history of capitalism's rise, the rise of all great powers was accompanied by the use of force and wars. For example, the rise of the United Kingdom, the United States, Germany, and Japan all followed the same old path of wealth accumulation, military buildup, and military expansion. Western international relations theories formed on this basis, be it the Western power shift theory or hegemony transfer theory, believe that China's rise will cause a shift of power among countries and break the existing international order, which will cause global instability and even wars.

Therefore, the real reason for Western countries to propagate the "China threat theory" is that they are afraid that China will challenge the existing international status when it becomes strong. The western countries hope to restrict the rise of China by means of the "China threat theory."

"China threat theory" has dual effect of containment and stimulation

In order to curb and interfere with China's development, the Western countries hype the new round of "China threat theory." However, the result is counterproductive. The "China threat theory" exaggerated by the Western countries for decades produced a dual effect of containment and stimulation.

On one hand, the "China threat theory" damaged the image of China and deterred the development pace of China. It deteriorated the surrounding environment of China to some extent and made China must face a more complex international environment and withstand more external pressure.

On the other hand, as an imposed power, the "China threat theory" strengthened China's sense of crisis and stimulated the rise and development of China. According to the "challenge-response" theory of British historian Arnold J. Toynbee, the organism will instinctively produce a series of effective responses in the face of challenges and ultimately promote its development.

Take a calm and initiative attitude in response to "China threat theory"

The "China threat theory" has become a preferred tool in the domestic politics of some countries, and has become a power discourse in the international community. Whenever some countries suffer from relevant domestic political issues, they often take the "China threat theory" as shields. For example, in the currently heated U.S. presidential election, the "China threat theory" is the stock in trade of the Obama administration. Facing the "China threat theory," we have to be calm and initiative, but also take the following effective methods.

Firstly, have a calm state of mind compatible with other dominant countries. Secondly, continue to promote and intensify international cooperation. Thirdly, actively build a favorable national image. Fourthly, unswervingly follow the road of peaceful development.

Therefore, the fundamental way to offset the negative effects of "China threat theory" is to vigorously develop China's national strength. Besides, we should concentrate on our own business so as to ride out the current critical period of development. By then, the "China threat theory" as a special historical symbol in China's development process will naturally fade.

Read the Chinese version at http://zqb.cyol.com/html/2012-04/06/nw.D110000zgqnb_20120406_1-09.htm

By Shi Qingren (China Youth Daily)