Apple Vs Samsung: Patent War

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In April 2011, Apple filed a suit in a US court against Samsung, claiming the South Korean manufacturer “slavishly copied” Apple’s design for its Galaxy phones. This suit was just the beginning of many others which were, and are still being replicated and counter-claimed across the world for multiple devices.

Geräte & Hardware Technologie Business

Myth:
Because of software patents, any company could be sued for almost anything !!
Reality:
Software Patents play an important role in encouraging innovation !!
© Tech Corp Legal LLP, 2010-2012

The beginning:
According to an Australian
affidavit from Apple's global
legal counsel Richard Lutton,
chief executive Steve Jobs
warned Samsung about potential
litigation in Jun 2010, shortly
after the release of the first
Galaxy phones.
© Tech Corp Legal LLP, 2010-2012

© Tech Corp Legal LLP, 2010-2012
The First Lawsuit:
In April 2011, Apple filed a suit in a US court against Samsung,
claiming the South Korean manufacturer "slavishly copied" Apple's
design for its Galaxy phones. This suit was just the beginning of
many others which were, and are still being replicated and counter-
claimed across the world for multiple devices.
Interestingly, Apple settled its two year old patent battle with Nokia
in June 2011, and Apple agreed to pay on-going royalties to Nokia
and license its patents.

Infringement of Trade Dress:
Apple claimed that Samsung’s Galaxy
phones embodies a combination of
several elements of the Apple Product
Configuration Trade Dress namely, a
product configuration with:
© Tech Corp Legal LLP, 2010-2012
• a rectangular product shape with all four corners uniformly rounded;
• the front surface of the product dominated by a screen surface with
black borders;
• substantial black borders above and below the screen having roughly
equal width and narrower black borders on either side of the screen
having roughly equal width;
• a metallic surround framing the perimeter of the top surface;
• a display of a grid of colorful square icons with uniformly rounded
corners; and
• a bottom row of icons set off from the other icons and that do not
change as the other pages of the user interface are viewed.

Infringement of Trade Dress:
Apple claimed that Samsung also imitated Apple’s Product Packaging Trade
Dress:
© Tech Corp Legal LLP, 2010-2012

Infringement of Apple’s Trade Marks:
Apple claimed that in addition to copying Apple’s Product Trade Dress,
Samsung has also copied numerous application icons in which Apple had
valid trademark rights, as shown below:
© Tech Corp Legal LLP, 2010-2012

Infringement of
Patents:
Apple claimed that
Samsung’s
infringement of the
Apple utility patents
provided Samsung
with unique
functionality for its
products that was
the result of Apple’s
innovation, and not
Samsung’s.
© Tech Corp Legal LLP, 2010-2012
Apple’s
Patents
Samsung
Galaxy
Mobile

INFRINGEMENT OF PATENTS: Apple’s Patent 7,669,134 titled “Method
and Apparatus For Displaying Information During An Instant Messaging
Session” mainly covers the iChat and iOS cartoon-bubble chat interface
as “arranging incoming messages in a communications session in a
timeline that's horizontally spaced”. Apple claims Samsung has infringed
this patent and from the looks of it, that's pretty much similar to
Samsung's TouchWiz chat interface.
© Tech Corp Legal LLP, 2010-2012
Apple’s
Patent
Samsung
Chat

© Tech Corp Legal LLP, 2010-2012
Further Analysis of Apple vs Samsung and other lawsuits related to
Smartphones & Mobile Apps across different parts of the world
@techbusinesslaw
@rdpatentlawyer

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Tesla recently published a blog that Tesla is opening up its patents to competitors and will not initiate patent infringement lawsuits against any party that wishes to develop further technologies based on Tesla Patents, all in good faith. It does not imply that tesla is joining Open Source movement, Tesla's press release begins with a dramatic statement, “Yesterday, there was a wall of Tesla patents in the lobby of our Palo Alto headquarters. That is no longer the case. They have been removed, in the spirit of the open source movement.” It is a strategic and well thought-out business decision. There are two ways to increase your revenue: (1) fight for a larger market share; (2) increase the size of the market. In the world of electric cars, which represent less than two per cent of automobile market, the competition comes not from other electric car makers, but from cars that run on gasoline. Fighting for a larger market share makes little sense, particularly for Tesla, the undisputed market leader. Consumers don’t rush to buy electric cars because there are not enough charging stations. And businesses do not rush to invest in building charging stations until there are enough cars to use them. The solution: never mind your slice; increase the size of the pie. Patents don’t help to do that. They serve as entry barriers. Hence, the logical solution is to open the patents to competition. There are more such examples of free patent licensing by HP, GSK and other companies.

Elon Musk Has Promised Not To Enforce Tesla Patents - Here Are 5 Similar Exam...

Rahul Dev

Pharmaceutical patents in india – compulsory licensing, health emergency & affordable healthcare – patent laws in india pharmaceutical patenting in india, product patent in pharma, india pharmaceutical patent law, pharmaceutical patent cliff, pharmaceutical patent litigation, pharmaceutical patent lawyer, pharmaceutical patent expiry, pharmaceutical patent length, pharmaceutical patent expirations

Pharmaceutical patents in india – compulsory licensing, health emergency & af...

Rahul Dev

Health & Fitness Tracking Trends: 2014 Rahul Dev is a recognized industry expert in Intellectual Property, Patent Strategy & Technology Consulting. He assists clients in formulating profitable and sustainable Patent & IP Strategy for international business. As a Patent Attorney & Business Lawyer, he is invited to speak at various International events, News Channels, National & International Conferences, Workshop for CEOs, Govt. Events. He is an active blogger & his views have been published by International Publications, Economic Times, Law Journals, Tech Magazines, Digital News Networks. International Law Firms, Executives from Technology Corporations, Investors, Entrepreneurs & Startups worldwide (US, EU & Asia Pacific) consult him on Patents, Trademarks, Intellectual Property Rights, Product Strategy, Technology Development, Corporate & Securities Law, Technology Ventures, Financing, Fundraising and International Business Advisory. He works closely with patent attorneys worldwide for patent drafting, prior art searches & patent research (analytics), in field of Software Patents, Wireless Communications Patents, Mechanical Patents, Medical Devices, Healthcare, Life Sciences & Genetic Engineering Patents. He serves as SME & Startup Mentor @SMBconnect.in & visiting faculty at Global Institute of Intellectual Property (GIIP). His qualifications are BS, MS, MBA & LLB (JD). He is member of Bar Council of India, Delhi Bar Council, Indian Patent & Trademark Office, Delhi High Court Bar Association. In past, Rahul has worked with Amarchand Mangaldas, largest Indian Law Firm. As a business savvy technology lawyer & strategic patent attorney, he serves as: ✈ Founder & Director, Tech Corp International Consultants (Singapore), APAC Technology, Business & Management Consulting Company ✈ Founder & Partner, Tech Corp Legal LLP, Indian law firm (BioCorpLegal & CyberCorpLegal Services) ✈ Closely associated with two international patent law firms (US, Asia) Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement

Health and Fitness Tracking Devices - Trends 2014 | Top Players: Apple, Nike,...

Rahul Dev

Website and online terms and conditions at reasonable fixed price from Indian Web lawyer| Internet Cyber Lawyer in India Details: http://wp.me/p2PCVq-NS Website terms create a binding contract between the buyer and the seller Although the terms are drafted to secure seller’s interest, consumer rights shouldn’t be ignored Businesses should also take strict measures to protect their own intellectual property rights by filing appropriate copyrights, trademarks, patents and design protections both domestically and internationally, which ensures strong brand protection in the digital world.

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Rahul Dev

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Rahul Dev

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