Tomahawk, WI 8/11/2013 (Basicsmedia) – Apple Inc (NASDAQ:AAPL) is at it again. The company has had a long line of patent fights going on in the U.S, some which it has managed to win and some that it had to beat a retreat from. This time around, it has challenged the South Korean giant, Samsung, in a patent battle again.

Age-old rivalry

On Friday, the U.S ruled that Samsung had infringed on segments of two different AAPL digital mobile device patents. These cover touchscreen operations and headphone jack detection.  Neither of the concerned companies is new to this kind of angst, both have their weapons drawn and a rebuke from South Korea is definitely on the cards.

The panel has moved to restrain the Korean company from import, sale and distribution of certain devices in the U.S. These devices infringe on some patent claims. At the moment there is no clarity about the number of Samsung devices and phones that will be subject to this ban. All exclusion orders will be sent to President Obama. He will then have to review these orders within 60 days. If the order is not vetoed by him, it will automatically go into effect.

Apple rejoices

Apple is exuberant about this ruling which is the latest in the extended patent battle between the two companies. Kristin Huguet, an AAPL spokesperson said that with this ruling, ITC has joined courts across the world by rejecting Samsung’s brazen duplication of Apple products. This ruling is more than just a win for the company that was once known to be the innovation mammoth. Apple’s share in the smartphone market has been eroding rapidly even as people are opting for smartphones that run on the Google Android OS. A majority of these are manufactured by Samsung.

The undisputed winner

Today, Samsung is undoubtedly in first place in the smartphone market while Apple comes up second. The latter’s shares shed around 18% in market value over the past six months. What is probably making Apple turn purple in the face is that this dip comes at a time when United States’ markets are trending towards life-time highs at consistent frequency.

AAPL stock climbed 5% the day the company announced its Q3 results that topped analysts’ projections. These rode on astronomical iPhone sales. But it didn’t take long for the bright skies to be overcast with rain clouds and the stock has been all been all but drowning. It closed the last trading day at $454.45 on the tech-laden NASDAQ and was down 1.42%

Multiple punches

So, where is this high-end hit coming from? Well for one, the company just refuses to get off its high-horse and like an obstinate mule refuses to budge from the high-end smartphone segment. Emerging markets like China and India provide growth-scope like no other, primarily due to their population that is bursting at its seams and the dispensable income that the upper-middle class flouts.

The giant awakens?

Apple Inc (NASDAQ:AAPL)’s market share in the Chinese smartphone market dropped close to 50% in the Q2, largely because the company was carting around its expensive handsets while companies like Samsung and Nokia simply launched budget smartphones and moved in for the kill. Apple sales in India have fared no better despite all the discount and campaign razzmatazz. Samsung just managed to top on that front and chomped away into the Apple core. It’s only just now that Apple is rising from its reverie and there is some news of a budget phone, purportedly to be called the iPhone 5C.

Time to emerge from the cocoon

I feel that if Apple just de-focuses from roaring in courtrooms and dons its lion-skin outside the patent arena, it might just be able to field all the punches that Samsung is currently throwing at it in quick succession. In a market that is as competitive as the smartphone one, sticking to the quality mantra is one story and refusing to metamorphose and evolve is quite another.

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