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Will the Apple Patent Ruling Hurt Small Business?

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    Former investment banker Carol Roth on how Apple's victory over Samsung will impact innovation.

  • Duration 3:35
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Victory over -- -- could it cause a chilling effect in the Smartphone industry latest example of that the popular pinch and zoom function on the on -- Now apple is asking the court to block the sale of eight Samsung phones and tablets in the US is the question.

Will Apple's court victory scare off competition for good.

Former investment -- of how -- In Chicago the bigger issue here -- is look these are gigantic corporations.

With.

Thousands literally thousands of very high price lawyers they can swamp any body in court regardless of the merits of this case.

The moral of the story seems to be the big guy with the biggest lawyers winds.

I don't think so as -- you have to remember that apple wasn't always big bad apple a couple of decades ago they were writing -- obituary they were under three dollars a share.

What the patent does it it actually protects.

The little guy it says if you invest in innovation if you risk your time and your capital.

That you will be protected from somebody knocking you locked in this case it happened to be a big guy but the same -- -- apply for the little guys and I actually think that this is -- war and victory for innovation for entrepreneurs and for small business.

Singing OK does that patent protection extend to the shape of the tablet the oblong shape because I think the court ruled that yes it does.

Well I think we -- talking about something that deals with the user interface and the user experience this as something that was so innovative.

That they felt that yes that's -- this was something that qualified for design patent not every type of design is going to qualify but if you put your time -- something that is so we unique.

And so innovative that you should be protected.

Samsung says that ruling is bad news for American consumers.

And after and I -- know that you can see the relevance of that comment because that pension zoom.

You know you the touch screen you pinch it is Zulu downpayment is very convenient now you can have battled a Samsung phones sold in America -- mean that's.

That's on a negative for the consumer.

But if we didn't have the protection to begin whether we wouldn't have the pensions in that and feature we probably wouldn't even have the iPhone we might be still communicating by carrier pigeons -- two candidates -- between the point is that having that protection allowed the pension zoom feature to be in -- because.

The company was willing to put the capital to do that those Samsung needs to come up with the next cool feature don't copy don't -- the same thing.

In -- they do the next best generation I think that that's what really is at the heart of the matter so the consumer doesn't have the choice for that particular feature but I bet they'll be another great feature down the road very soon.

Now account trying hard with -- going to -- in no way -- song gonna bring in Brian -- gonna -- -- investment -- okay.

I think the big guys -- the biggest lawyers always would and that's not necessarily good for the rest of -- and do you look great I'm siding with Caroline is this it's it's a story of innovation and and it is not technology -- -- -- pharmaceuticals.

And you want to be able to protect the innovation.

All of the inventor and for pharma companies to go out and find.

Instead of copying what sorting out there but to find the new innovation on a new drug in new treatment.

I think that's where policy should be.

Focus and I think that I think they're ruling is consistent with that with his -- first appearance on -- it was time very definite effect that the but not -- I'm -- FFF I'm sure all we see you again -- it.

Try hard to agree with and is sometimes come off I -- out there aren't with a deal that's the eleventh thanks --