Our office remains open to serve your important legal needs during these turbulent and challenging times. We are happy to schedule client consultations and client meetings by telephone or video-conference at your request.
Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Tech giants head back to court in ongoing patent saga

Business owners across Colorado understand the importance of protecting the interests of the company. In an increasingly competitive and technologically-savvy market, maintaining control over patented products, copyrights, trade secrets and other types of intellectual property is often a top priority. If ownership of these vital assets is ever threatened or challenged, it can be crucial to take legal action to protect the future of a business.

Two of the world’s top smartphone makers have been embroiled in a legal battle for months as each of them fights for patents for technology that all but assure a phone is successful in the marketplace. Apple and Samsung have each made aggressive legal moves in attempts to protect their respective interests in technology that has been used by both companies.

In August, a jury awarded $1 billion to Apple, finding that Samsung had illegally used technology that was controlled by Apple in several of their products. Not surprisingly, Samsung fiercely disagreed with the jury verdict and recently announced that they are challenging the verdict based on allegations of misconduct by a jury foreman, discrimination against the South Korean company and unfairly awarded patents. The case is expected to end up before either the U.S. Supreme Court or the U.S. Federal Circuit Court of Appeals. In either case, the ruling could have a significant impact on the marketplace.

With so much at stake in this case, it should be expected that both sides will make use of their significant resources in order to pursue the desired outcome in the courtroom. For smaller businesses, avoiding these kinds of costly lawsuits is generally preferred. While protecting a company’s interests is crucial, doing so can be done well in advance of any lawsuits. Business owners looking to protect intellectual property rights can speak with an attorney who understands business law and how important it is to properly operate and structure a business.

Source: The Huffington Post, “Apple, Samsung Renew $1 Billion Legal Battle Over Smartphones,” Paul Elias, Dec. 5, 2012

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