Running head: LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF 1

Learning Team Reflection: Week 3 IRAC Brief

Anthony Montes, Dima Gammoh, Leah Osmena, Umang Mehta
Law/531
03/26/2014
Ashraf Atiyeh, MS, JD
LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF 2


Learning Team Reflection: Week 3 IRAC Brief

Case: Apple sued Samsung, the latest in a long line of IP lawsuits against Android device
manufacturers; Apple is saying "The copying is so pervasive, that [they] appear to be actual
Apple products." Apple made its case and wants Samsung to pay up for the infringement in the
past and stop infringing in the future. Apples asking the count to permanently forbid Samsung
and its various divisions and suppliers for infringement of Apples claimed IP again.

Issue: Did Samsung infringe of Apple patents under trade dress? Did Samsung infringe number
of Apple patents under Federal trademark? Did Samsung infringe number of Apple patents
under common law trademark infringement? Did Samsung willingly and or unwillingly infringe
a number of Apple patents?

Rule: The patent law states that once the item is patented, it will be protected for production or
importing for term of patent for 20 years. The rule for design patent infringement states that if
the two designs are substantially similar enough to trick an ordinary person into thinking they're
the same, it's probably an infringement.

Analysis: how does the rule of law apply to the facts and circumstances?
The U.S. Court of Appeals for the Federal Circuit did say Apple cant block Samsung on
infringing on patented designs (Rosen, 2013). Over the years, seven utility patents where
mentioned by Apple including #381 ability to drag documents, rotate by twisting and zoom in
by pitching. Patent #915 deals with scroll through documents with one finger. Number 163
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concerns tap to zoom function of any Smartphone device that Apple controls (Bosker and
Grandoni, 2012). The patent law can be applied as the right to exclude others from using,
selling, and making, offering for sales, or importing the patented invention. Once the item is
patented, it will be protected from use, production or importing for the term of patent which is 20
years (Know the facts of patent law, 2014). So Samsung does offer a device that is operating
much like the aspects of the IPhone. Therefore Samsung willfully infringed on the patents.

Conclusion: Samsung used elements in a way thats likely to confuse consumers about what
theyre buying. Samsung willfully infringed on the patents, Samsung was found guilty of 5 out
of 7 patents infringement. Samsung's Android-based devices to infringe an Apple patent on word
recommendations (auto complete) and declared Samsung patent on multimedia synchronization
invalid.
The court found Apple`s 18 claims infringed. Apple won 5 out of the 7 patents and was awarded
a $1.05 Billion in Damages.









LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF 4



References:

Bosker, B. and Grandoni, D (2012). Apple-Samsung Lawsuit: What You Need To Know
About The Verdict. Retrieved from http://www.huffingtonpost.com/2012/08/24/apple-samsung-
lawsuit-verdict_n_1829268.html
Rosen, E. (2013). Patent Legislation, Apple-Samsung: Intellectual Property
(1). Retrieved from http://www.businessweek.com/news/2013-11-19/patent-legislation-apple-
samsung-abb-intellectual-property
Know the Facts on Patent Law. (2014). Retrieved from http://patent.laws.com/patent-law
http://stream.wsj.com/story/apple-v-samsung-trial-over-patents/ss