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

Getty
Show Hide image

Sadiq Khan is probably London's new mayor - what will happen in a Tooting by-election?

At the time of writing, Sadiq Khan appears to have a fairly comfortable lead over Zac Goldsmith in the London mayoral election. Which means (at least) two (quite) interesting things are likely to happen: 1) Sadiq Khan is going to be mayor, and 2) there is going to be a by-election in Tooting.

Unlike the two parliamentary by-elections in Ogmore and Sheffield that Labour won at a canter last night, the south London seat of Tooting is a genuine marginal. The Conservatives have had designs on the seat since at least 2010, when the infamous ‘Tatler Tory’, Mark Clarke, was the party’s candidate. Last May, Khan narrowly increased his majority over the Tories, winning by almost 3,000 votes with a majority of 5.3 per cent. With high house prices pushing London professionals further out towards the suburbs, the seat is gentrifying, making Conservatives more positive about the prospect of taking the seat off Labour. No government has won a by-election from an opposition party since the Conservative Angela Rumbold won Mitcham and Morden from a Labour-SDP defector in June 1982. In a nice parallel, that seat borders Tooting.

Of course, the notion of a Tooting by-election will not come as a shock to local Conservatives, however much hope they invested in a Goldsmith mayoral victory. Unusually, the party’s candidate from the general election, Dan Watkins, an entrepreneur who has lived in the area for 15 years, has continued to campaign in the seat since his defeat, styling himself as the party’s “parliamentary spokesman for Tooting”. It would be a big surprise if Watkins is not re-anointed as the candidate for the by-election.

What of the Labour side? For some months, those on the party’s centre-left have worried with varying degrees of sincerity that Ken Livingstone may see the by-election as a route back into Parliament. Having spent the past two weeks muttering conspiratorially about the relationship between early 20th-Century German Jews and Adolf Hitler before having his Labour membership suspended, that possibility no longer exists.

Other names talked about include: Rex Osborn, leader of the Labour group on Wandsworth Council; Simon Hogg, who is Osborn’s deputy; Rosena Allin-Khan, an emergency medicine doctor who also deputises for Osborn; Will Martindale, who was Labour’s defeated candidate in Battersea last year; and Jayne Lim, who was shortlisted earlier in the year for the Sheffield Brightside selection and used to practise as a doctor at St George’s hospital in Tooting.

One thing that any new Labour MP would have to contend with is the boundary review reporting in 2018, which will reduce the number of London constituencies by 5. This means that a new Tooting MP could quickly find themselves pitched in a selection fight for a new constituency with their neighbours Siobhan McDonagh, who currently holds Mitcham and Morden, and/or Chuka Umunna, who is the MP for Streatham. 

According to the Sunday Times, Labour is planning to hold the by-election as quickly as possible, perhaps even before the EU referendum on June 23rd.

Henry Zeffman writes about politics and is the winner of the Anthony Howard Award 2015.