It’s the first week of June gang— so it’s time for us to go through the latest comScore report with you all. Based off the the latest data, Apple continues to hold steady as the world’s largest smartphone manufacturer with a 39% market share (a minor increase from the previous month-end period), followed by Samsung at 22% and HTC at 8.9% (a 0.8% decline from the previous period). Despite Apple’s cemented status as the top dog in smartphone manufacturing king, it’s the Android platform that is still the overwhelming leader in the mobile world. Google’s popular platform currently holds over half of the overall smartphone market with a comfortable 52% share, followed by Apple (with a 1.4% increase in the market) at a 39.2% share and Blackberry at 5.1%.
Samsung scored a point today in their ongoing legal volleys with Apple as the U.S. International Trade Commission ruled Apple violated a Samsung patent. In prevailing, the ITC awarded Samsung an import and sales ban on AT&T models of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G. You may recall a while back when ads were running showing Apple device owners using their iOS powered devices performing several functions at one time, like talking on the phone will placing an online order via the web browser. It was this ability to stream multiple data streams that triggered Samsung’s action.
The Supreme Court of the Netherlands ruled this week that the Samsung Galaxy Tab 10.1′s design doesn’t infringe on design elements of the Apple iPad. This stalls Apple’s plans of trying to get the Galaxy Tab 10.1′s off the shelves in the Netherlands. Apple says that Samsung infringed on the registration of a 2004 “community design” of the iPad. A “community design” in the European Union is a form of intellectual property right that prevents businesses from copying the aesthetics of products.
The court dismissed the case, explaining that while Apple’s design patents were valid, there isn’t much of a case to be made against the Galaxy Tab since numerous other products have also implemented similar designs. The court also noted that the Galaxy Tab is different enough from the iPad to be unique in the eyes of an informed consumer. Samsung responded to the ruling with a zinger, stating “Apple was not the first to design a tablet with a rectangular shape and rounded corners.”
Source: PC World
Apple head Tim Cook was interviewed yesterday at the D11 Conference and he had some interesting things to say about their main competition. The explosive growth of Android came up, and he doesn’t seem worried. He said, “Winning has never been about making the most” which if you’re reading between the lines, that means quality is more important than quantity. To further clarify, he said, “Arguably, we make the best PC, but we don’t make the most.” On the other hand, he said that they made the best music player and did make the most, but it wasn’t that way from the start.
Cook went on to explain that things aren’t always the way they seem. For example, tablet market share might be fairly close, but when it comes to the web market share there’s no contest, at least for North America. The iPad controls 80% of the web traffic and if you look at worldwide data from both smartphones and tablets, iOS controls nearly 60% of the market.
According to the 2013 BrandZ list of top global brands, Google ranks second, valued at $113.669 billion. Although the company is still short of Apple’s value of $185.536 billion, they still passed by IBM, who currently rank third at $112.536 billion.
One notable name is Samsung, which is currently ranked at number 30, having jumped up a whole 25 places. This can clearly be pointed to their increased advertising on their Galaxy line and exploding sales figures.
Google’s second-place ranking shows steady growth for the company, but their spot behind Apple says that they’re still the company to beat. Google looks to continue closing in on Apple in the current year.
Source: Marketing Week
Apple is currently preparing for its second patent infringement trial against Samsung scheduled for spring 2014, and plans to present 22 products that it believes infringe iOS user interface patents. Unsurprisingly, yesterday Apple announced that it has analyzed the Samsung Galaxy S 4 after its release and has since “concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S 4 as an infringing product.”
In order to add the Galaxy S 4 to this list, Apple will be forced to eliminate another Samsung product from the list, as Judge Lucy Koh has ordered the company to limit the number of patent claims and infringing devices ahead of the trial.
There really isn’t any specific information pertaining to why exactly Apple believes the Galaxy S 4 infringes upon their own UI patents, but we’re sure some more information will be released as we come closer to the beginning of the trial.
Source: SB Nation
Apple is trying to bring Google into their lawsuit with Samsung in a roundabout way. Apple wants a judge to ask Google to turn over documents related to the Android OS. Apple argues that by having a judge force Google to turn over the documents, it will help prove their case of Samsung’s alleged infringement. Android runs in all of Samsung’s devices that Apple has a problem with and Apple argues that Android “provides much of the accused functionality“.
A lawyer for Apple claims that Google is not doing a full search for said documents, but the lawyer representing Samsung in this case and who also represents Google as well, said that this was part of Apple’s “strategic decision… to keep Google off the complaint” in this case. By not listing Google as part of the complaint, Google is not entitled to the same reciprocal discovery process as Apple and Samsung. If a judge orders this evidence to be turned over Apple, they could possibly be handed something they could use to try and come after Google, that they would not have got without a judges order.
This is the second trial for Samsung and Apple. The first one didn’t go as well as Samsung had hopped, having received a judgment of $1.05 billion which was later reduced to $639.4 million by the same judge, who also order a new trial. As always we will keep an eye on any developments in this case and bring them to you as soon as we hear them.
It looks like Google’s Motorola unit may be in some potentially hot water because of Motorola abusing some of its advantages and power over Apple. According to some objections made the European Commission, Motorola may be abusing some of its extensive patent portfolio, not allowing Apple to have a fair opportunity or chance to at least agree on some sort of licensing terms. Competition Commissioner Joaquin Almunia highlights:
“I think that companies should spend their time innovating and competing on the merits of the products they offer – not misusing their intellectual property rights to hold up competitors to the detriment of innovation and consumer choice.”
So in other words, the EC believes that Motorola is well… “pulling an Apple” and abusing its patent portfolio so that Apple can’t get any bigger in Europe than it is now. What’s unknown at this point is which exact patents are identified as ones where Motorola is exerting its heavy hand and power, but we’re sure we will see more details of this potentially serious case soon. Naturally this is in the early stages now, but it will be interesting to see how the EC will move forward based off of its investigation and findings.
comScore released smartphone manufacturer and operating system data today for the first quarter of 2013 in the U.S. market. The numbers show Android continuing to dominate with 52 percent market share for operating systems. This was down slightly from December 2012 when Android held 53.4 percent of the market. Blackberry also slid down to only 5.2 percent of the market and Symbian took a small dip. Apple’s iOS was the big gainer for the quarter jumping 2.7 percent to grab 39 percent of the market and Microsoft also gained slightly.
It just seems like the “minor disagreement” between Samsung and Apple will never end. News has surfaced that the two manufacturing giants filed a joint case management document with the Northern District of California court which aims to regulate what is presented and argued against in the upcoming trial, such as the number of patents identified involved in select devices. For now, each company agrees that the case will be limited to 5 patents each, though Apple wants a maximum of 12 claims, while Samsung slightly disagree and wants to limit the claim to 8 instead. Additionally, the upcoming trial currently indicates there are 16 devices involved, with Samsung arguing it should be far fewer, of course.
But regardless of what disagreements Samsung and Apple will make clear in court, we’re sure that Judge Lucy Koh will be eagerly awaiting to hear them.
source: FOSS Patents