Apple being sued by somebody else? Say it isn't so.
posted on
Jul 07, 2013 07:36PM
Apple (NASDAQ: AAPL) has had its share of lawsuits recently. Some of these have worked out well for the company, while others have ended poorly. It might not be a surprise to hear about the company going back to court, but the surprising news is that its being sued by Boston University. Boston University will be suing other companies as well over accusations of patent infringement, but the largest of the lawsuits will likely be that against Apple.
Patent infringement
According to Boston University, Apple is in clear violation of a patent from two decades ago. The lawsuit requests that Apple stop selling the iPhone 5, iPads and MacBook Air. Gigaom explains the reason for the lawsuit:
The trustees of BU say the Apple products contain a “gallium nitride thin film semiconductor device” that is still under patent protection. Professor Theodore Moustakas applied for the patent in 1995, which means it is set to expire in 2015. Here’s an image from the patent, which describes the use of nitrogen to prepare a type of film that is “a potential source of inexpensive and compact solid-state blue lasers.”
Boston University is requesting a jury trial and says that the infringements, "have caused and will continue to cause substantial and irreparable damage to the University." If a verdict or settlement is reached, the amount owed would likely be in the $75 million range.
Apple isn't alone
Boston University is also planning on filing lawsuits against Amazon (NASDAQ: AMZN) and Samsung (NASDAQOTH: SSNLF) for the same patent infringement issue. Here is the deal: none of these companies are really going to stop selling these items, or at least it wouldn't make sense for them to. Apple has a mountain of cash, around $150 billion worth, and $75 million isn't going to hurt them. Honestly, $75 million wouldn't hurt Amazon of Samsung either. They might not have the available cash that Apple does, but they can generate that amount in a matter of days or weeks at most.
Valuation
Apple and Amazon are on opposite ends of the spectrum. Apple is very cheap, and Amazon is very expensive. It's simply how it is, and that likely won't change moving forward. If measured by price-to-sales, or price-to-book, Amazon is about four times as expensive as the retail giant Wal-Mart. Apple has a free cash flow yield and earnings yield of 11.1% and 10% respectively. Samsung's price-to-earnings ratio is an very low 7.54 and it, like Amazon, does not offer dividends to its shareholders. Apple, on the other hand, holds a dividend yield of 2.6% and will be releasing $100 billion to its shareholders by 2015.
Growth
All of these companies have grown tremendously over the past few years. Apple continues to set company records in regards to units sold and revenues generated. Despite having a very strong foothold, the company continues to grow stronger. Samsung's Chromebook has been a top seller on Amazon for several months and like Apple, generate a large portion of their revenues from smartphones.
Amazon has established itself in several ways which should ensure growth year after year. It's Amazon Prime memberships have exploded in the past year, and members spend double what non-members do. It's simply a loyalty factor among its customer base. Also, AmazonFresh is starting up in the Los Angeles area. This will act as an online grocery store. The concept is simple: Buy your groceries online, and orders over $35 will be delivered that same day. Certainly there is room for growth there.
The bottom line
Apple, Amazon, and Samsung may be going to court for patent infringements, but this surely won't hinder these companies moving forward. It's just not that big of a deal. Apple provides the most value for its shareholders but Amazon likely provides the best growth prospects moving forward. The bottom line is this: It's all in your perspective and what you want. If you are looking strictly at valuation, your best bet is with Apple. If you are looking for growth, you will pay a pretty penny for Amazon but will likely see more growth than most companies in the next several years.