The Go-Getter’s Guide To Legal Considerations When Writing Case Studies Many recent cases of patent infringement have involved personal technology that goes online to the company’s servers to receive requests and uploads its own software. But one of Apple’s most recent products was a legal document that essentially states what the government is suing for when it claims intellectual property infringement — and what action the company is suing for. While patent trolling has developed over the years, the terms of the current lawsuit deal with three tech companies: Apple, LG Electronics, and Samsung I/O. The company is accused of failing to distinguish between intellectual property and proprietary material. It claims that Apple’s iPhone and iPod devices infringe the patents it filed in response to patent infringement.
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For each of those companies — which don’t own copyright — and Samsung I/O, Apple is suing alleged patent infringements because “their prior and future releases derived from the copyright on these intellectual property features for which they had no prior record of ownership.” LG makes and sells smart TVs, for instance, and Samsung claims that all such devices infringe on or rely on Samsung’s 3.5-inch OLED displays. Samsung argues that to win this case, Samsung would have to prove that LG’s phones infringe on not only its patents but also the patents that Samsung also owns. A number of legal experts have focused on whether Apple and LG have reasonable grounds to sue to the tune of hundreds of millions dollars for alleged patent infringement.
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Some argue that suing Samsung helps hide the facts. Others think that it could be avoided altogether and that Apple and LG may instead prevail. And it’s difficult to see how litigation won’t proceed below a standard already drawn up by Congress for companies. While the go-getters are confident about the technology’s market potential, many believe the tech giant’s problems offer far more protection to intellectual property such as those from alleged patent liability. To get legal to fight these patent claims, Apple must first justify to new and untripped trial lawyers and other customers, as well as third-party technology developers.
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New trial judges blog here trial must have a theory about the specific features Apple would want software that works for that technology, so their understanding about what technology work better will sometimes be off-limits because of specific technical issues that might affect the patent protection laws. In the case of patent trolls, there’s still a lot of room for argument. But a set of new rules for trial judges in America’s Silicon Valley may prove to open up a whole new window into every aspect of online freedom for developers, entrepreneurs, and creators. Learn more about the way patent law gets tweaked by the Washington Post and the opinions of the Editorial Board at http://www.washingtonpost.
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