Apple Vs Samsung Patent War By : Nikhil Rahul Mitesh Kaustubh
Case Overview•Apple sued Samsung for copying its product ideas•38-page suit filed by Apple in the U.S. District Court of Northern California states.•Copied look, product design, Packaging•Galaxy S, Galaxy S II, Nexus S etc.•19/381 were Claimed
• Apple files first: Apple Inc. sued Samsung Electronics Co. in April 1st, 2011.• Apple’s design, utility patents: Apple is claiming that Samsung infringed four industrial design patents, covering the look and feel of the devices, and three utility patents, which cover how the gadgets work.• Patent Numbers: At issue are Apple’s design patents 677 and 087, which cover iPhone designs; 889, which covers the design of the iPad; and 305, which covers the iPhone graphical user interface.
• Samsung’s turn: Samsung, the world’s largest maker of smart phones, countersued Apple in June 2011, saying that Apple infringes on several of its patents having to do with wireless communications technology and camera phones.• Failed talks: Over the past several months, Apple CEO has met with top Samsung executives to try to reach a settlement. A Samsung lawyer said Aug. 20 that the CEOs had spoken but did not come to any agreement.
Apple’s Claim• Patent 163: Tap to zoom. tap a touch screen to enlarge and center portions of Web page, photo, or document.• Patent 915: Pinch to zoom distinguishing between a single-touch scroll operation and a multi-touch pinch-to- zoom operation.• Patent 381: Bounce Back Scroll functionality.
• D 087 patent Similar to D 677, the D 087 patent concerns the general outline or "ornamental" design of a phone.• D 305 patent : Jumping to the user interface, the D 305 patent centers on a grid of rounded square icons against a black background• D 677 patent : Switching to hardware, D 677 relates to the front face of an electronic device, as embodied by the iPhone
Patent Act• Patent law governs the "right to exclude others from making, using or selling an invention or products made by an invented process that is granted to an inventor" for a period of time.• Patents are not granted if the invention or product is obvious or known or used by others.
Types Of Patent Act• Utility Patents : Utility patents mean "new and useful" processes, machines, manufactured products, or composition of matter or improvements of these.• Design Patents : The United States grants design patents for "new, original and ornamental" designs for manufactured products.• Plant Patents : Patents may be granted for the invention or discovery of asexually reproduced "distinct and new" varieties of plants.
Verdict• Samsung Electronics flagship Galaxy Smartphone looks very similar to Apples iPhone• Jury has found Samsung guilty of infringing on Apple’s design patent• Come in favor of Apple in the U.S $1.049 Billion• Rejected all of Samsung’s claims• Leading devices may be banned in the U.S
What’s Next?• Samsung is likely to file an appeal against decision• Samsung has said that this isnt the final verdict and a loss for the consumer• Samsung redesigned the Galaxy Tab to avoid ban in Germany and also got the temporary ban lifted from Australia “lets wait and watch”
Counter Attack• Samsung has added the iPhone 5 to its patent infringement case against Apple• Samsung has accused Apple of infringing :• Two UTMS standards patents (7,756,087 and7,551,596) and• Six feature patents (7,672,470,7,577,757, 7,232,058, 6,292,179, 6,226,44 9, and5,579,239) in a counterclaim filed on April 18 of this year in Apples patent-infringement lawsuit.