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