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Apple vs Samsung

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Presented by: Fr. Gerard Ravasco SDB 22 February 2013 Ateneo Law School, Ateneo Professional Schools, Rockwell Center

Background
Case filed: April 15, 2011 U. S. District Court for the Northern District of California

Apples protectable intellectual property: (16 claims) seven utility patents, three design patents, trademarks on several iOS system app icons, trade dress registrations on the iPhone, iPod touch, iPad, and the packaging

1st claim: Trade dress infringement under 15 U.S.C. 1125 Hardware and software trade dress claims

rectangular shape w/ all four corners rounded front surface: screen surface with black borders metallic surround framing perimeter of the top surface grid of colored square icons w/ uniformly rounded

corners

bottom row of square icons set off from the others

1st claim: Trade dress infringement under 15 U.S.C. 1125

Packaging trade dress claims

rectangular box w/ minimal


metallic silver lettering & large picture of product on top of box

two-piece box wherein the


bottom piece is nested in the top piece

use of a tray that cradles product


to make it visible upon opening the box.

2nd claim: Federal trade dress infringement under 15 U.S.C. 1114

U.S. Registration No. 3,470,983 is for the overall design of the product rectangular shape, rounded corners, silver edges, black face, display of 16 color icons

U.S. Registration No. 3,457,218 is for the configuration of a rectangular handheld mobile digital electronic device w/ rounded corners. U.S. Registration No. 3,475,327 is for a rectangular handheld mobile digital electronic device w/ a gray rectangular portion at center, a black band above & below the gray rectangle & curved corners, & a silver outer/side border

3rd claim: Federal trademark infringement under 15 U.S.C. 1114 iOS (left) vs TouchWiz (right)

No. 3,886,196 - iOS phone app icon


No. 3,889,642 - iOS messaging app icon No. 3,886,200 - iOS photos app icon No. 3,889,685 - iOS settings app icon No. 3,886,169 - iOS notes app icon No. 3,886,197 - iOS contacts icon Pending No. 85/041,463 - iTunes icon

4th claim: Common law trademark infringement 5th claim: Unfair business practices under the California Business and Professions Code 6th claim: Unjust enrichment

14th , 15th , and 16th Claims : infringement of design patents


The rule for design patent infringement is relatively simple: if the two designs are substantially similar enough to trick an ordinary person into thinking they're the same, it's probably an infringement. Patent #D618,677: Electronic Device -screen and button design Patent #D627,790: Graphical User Interface - iOS homescreen Patent #D602,016: Electronic Device - the device's shell

7th claim: Infringement of Patent #6,493,002 Method and Apparatus for Displaying & Accessing Control & Status Information in a Computer System

8th claim: Infringement of Patent #7,469,381- List Scrolling and Document Translation, Scaling and Rotation on a Touch-Screen Display
9th claim: Infringement of Patent #7,669,134 - Method and Apparatus For Displaying Information During An Instant Messaging Session

10th claim: Infringement of Patent #7,812,828 - Ellipse Fitting For Multi-Touch Surfaces 11th claim: Infringement of Patent #7,844,915 - Application programming interfaces for scrolling operations 12th claim: Infringement of Patent #7,853,891- Method and apparatus for displaying a window for a user interface

13th claim: Infringement of the '533 patent


Patent #7,863,533 - Cantilevered push button having multiple contacts and fulcrums, it covers the volume rocker on the iPhone 3G and 3GS that looks like the one on Samsung's various Galaxy S devices.

Decisions
United States: August 24, 2012- Samsung willfully infringed on Apple's design and utility patents and diluted Apple's trade dresses related to the iPhone. Awarded Apple $1.049 billion in damages. Netherlands: January 2012, rejected Apple's claim that Samsung's Galaxy Tab 10.1 infringed design rights.

South Korea: August 2012, ruled that there was "no possibility" that consumers would confuse Samsung and Apple smartphones; Samsung's icons did not infringe Apple's patents.
Japan: August 31, 2012, Samsungs Galaxy smartphones and tablets did not violate any Apple patent on technology that synchronizes music & videos between devices. Germany: September 21, 2012, Samsung did not violate Apples patented features in regards to touch-screen technology. England: October 2012, Apple required to publish a disclaimer on its own website and in media that Samsung did not copy the iPad.

Resources
Apple vs Samsung lawsuit (complete case file)
http://cdn0.sbnation.com/podcasts/apple-samsung-lawsuit.pdf

Apple vs. Samsung: the complete lawsuit timeline


http://www.theverge.com/apple/2011/11/2/2533472/apple-vs-samsung

Latest News from the Patent Battle


http://www.pcpro.co.uk/news/376123/apple-vs-samsung-the-latest-news-fromthe-patent-battle

Legal Information Institute (US Code)


http://www.law.cornell.edu/uscode/text/15/1125 http://www.law.cornell.edu/uscode/text/15/1114

US Patent and Trademark Office


http://www.uspto.gov/trademarks/index.jsp