The next twist in the Apple vs Samsung battle

US ITC rules that Apple infringed on Samsung patent rights.


The Samsung vs. Apple battle took another twist yesterday when the US International Trade Commission (ITC) ruled that Apple had infringed on Samsung patent rights.

This could mean a ban on the sale of certain Apple products in the US. Fortunately for Apple this ban would only relate to older models, most notably the iPhone 4 and the Ipad 2.

"We believe the ITC's final determination has confirmed Apple's history of free-riding on Samsung's technological innovations", a Samsung statement said.

Apple has already announced that they will appeal the ITC ruling. The ITC’s ban is also subject to review by the US President. The president can overturn it on public policy grounds, though this is considered unlikely. Apple can continue selling the devices during this review period which lasts up to 60 days.

The worldwide smart phone market is believed to be worth over $290bn. Although Apple dominated the market in 2012, Samsung outsold Apple by 2 to 1 in the first 3 months of 2013.  This shows that a shift may be occurring.

Samsung of course uses the Google Android system which is becoming more popular all the time. According to research firm Gartner, Android accounted for 66 per cent of global smart phone users in 2012, compared to 4 per cent in 2009, whilst Apple’s iOS operating system accounted for 19 per cent of the market in 2012, compared to 14 per cent in 2009.

Apple’s iOS system is of course only available from Apple products whereas Android is used by multiple brands including Samsung, Sony and HTC. Android can also be uploaded onto other devices including: laptops, netbooks, smartbooks, smart TVs, smart watches and cameras.

Notably, major tablet providers such as Google Nexus and Amazon also use Android. According to research form IDC, Apple accounted for 40 per cent of worldwide tablet sales in the first quarter of 2013, compared to 58 per cent in the first quarter of 2012. Android, on the other hand, had increased its market share from 39 per cent to 57 per cent over this same period.

Photograph: Getty Images

Andrew Amoils is a writer for WealthInsight

Photo: Getty Images
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I'm far from convinced by Cameron's plans for Syria

The Prime Minister has a plan for when the bombs drop. But what about after?

In the House of Commons today, the Prime Minister set out a powerful case for Britain to join air strikes against Isil in Syria.  Isil, he argued, poses a direct threat to Britain and its people, and Britain should not be in the business of “outsourcing our security to our allies”. And while he conceded that further airstrikes alone would not be sufficient to beat Isil, he made the case for an “Isil first” strategy – attacking Isil now, while continuing to do what we can diplomatically to help secure a lasting settlement for Syria in which Assad (eventually) plays no part.

I agreed with much of David Cameron’s analysis. And no-one should doubt either the murderous barbarism of Isil in the region, or the barbarism they foment and inspire in others across the world.  But at the end of his lengthy Q&A session with MPs, I remained unconvinced that UK involvement in airstrikes in Syria was the right option. Because the case for action has to be a case for action that has a chance of succeeding.  And David Cameron’s case contained neither a plan for winning the war, nor a plan for winning the peace.

The Prime Minister, along with military experts and analysts across the world, concedes that air strikes alone will not defeat Isil, and that (as in Iraq) ground forces are essential if we want to rid Syria of Isil. But what is the plan to assemble these ground forces so necessary for a successful mission?  David Cameron’s answer today was more a hope than a plan. He referred to “70,000 Syrian opposition fighters - principally the Free Syrian Army (FSA) – with whom we can co-ordinate attacks on Isil”.

But it is an illusion to think that these fighters can provide the ground forces needed to complement aerial bombardment of Isil.  Many commentators have begun to doubt whether the FSA continues to exist as a coherent operational entity over the past few months. Coralling the myriad rebel groups into a disciplined force capable of fighting and occupying Isil territory is a heroic ambition, not a plan. And previous efforts to mobilize the rebels against Isil have been utter failures. Last month the Americans abandoned a $500m programme to train and turn 5,400 rebel fighters into a disciplined force to fight Isil. They succeeded in training just 60 fighters. And there have been incidents of American-trained fighters giving some of their US-provided equipment to the Nusra Front, an affiliate of Al Qaeda.

Why has it proven so hard to co-opt rebel forces in the fight against Isil? Because most of the various rebel groups are fighting a war against Assad, not against Isil.  Syria’s civil war is gruesome and complex, but it is fundamentally a Civil War between Assad’s forces and a variety of opponents of Assad’s regime. It would be a mistake for Britain to base a case for military action against Isil on the hope that thousands of disparate rebel forces can be persuaded to change their enemy – especially when the evidence so far is that they won’t.

This is a plan for military action that, at present, looks highly unlikely to succeed.  But what of the plan for peace? David Cameron today argued for the separation of the immediate task at hand - to strike against Isil in Syria – from the longer-term ambition of achieving a settlement in Syria and removing Assad.  But for Isil to be beaten, the two cannot be separated. Because it is only by making progress in developing a credible and internationally-backed plan for a post-Assad Syria that we will persuade Syrian Sunnis that fighting Isil will not end up helping Assad win the Civil War.  If we want not only to rely on rebel Sunnis to provide ground troops against Isil, but also provide stable governance in Isil-occupied areas when the bombing stops, progress on a settlement to Syria’s Civil War is more not less urgent.  Without it, the reluctance of Syrian Sunnis to think that our fight is their fight will undermine the chances of military efforts to beat Isil and bring basic order to the regions they control. 

This points us towards doubling down on the progress that has already been made in Vienna: working with the USA, France, Syria’s neighbours and the Gulf states, as well as Russia and Iran. We need not just a combined approach to ending the conflict, but the prospect of a post-war Syria that offers a place for those whose cooperation we seek to defeat Isil. No doubt this will strike some as insufficient in the face of the horrors perpetrated by Isil. But I fear that if we want not just to take action against Isil but to defeat them and prevent their return, it offers a better chance of succeeding than David Cameron’s proposal today. 

Stewart Wood is a former Shadow Cabinet minister and adviser to Ed Miliband. He tweets as @StewartWood.