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.

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  • Apple vs. Samsung Lawsuit – Patent Wars – The Game of Thrones – Part 1,,Whenever we buy or use a smartphone, many of us ignore the fact that lot of research worth millions of dollars has gone behind creating such a smart device, that too for a span of many years. The only legitimate way available to such technology corporations for protecting their research work is to file for intellectual property right protection, by way of utility patents, design patents, trademarks, trade dress, copyrights, and the like, depending on the types of rights available in a particular jurisdiction.
  • For example, one of the Apple’s Patent titled Method and Apparatus For Displaying Information During An Instant Messaging Session mainly covers the i Chat and i OS 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.
  • We hope you liked this brief analysis and In future posts, we will provide a further analysis of Apple vs Samsung and other lawsuits related to Smartphones & Mobile Applications across different parts of the world. Do follow us on twitter for more such updates.
  • Apple Vs Samsung: Patent War

    1. 1. © Tech Corp Legal LLP, 2010-2012
    2. 2. 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
    3. 3. The beginning:According to an Australianaffidavit from Apples globallegal counsel RichardLutton, chief executive SteveJobs warned Samsung aboutpotential litigation in Jun2010, shortly after the release ofthe first Galaxy phones.© Tech Corp Legal LLP, 2010-2012
    4. 4. The First Lawsuit:In April 2011, Apple filed a suit in a US court againstSamsung, claiming the South Korean manufacturer "slavishlycopied" Apples design for its Galaxy phones. This suit was just thebeginning of many others which were, and are still being replicatedand counter-claimed across the world for multiple devices.Interestingly, Apple settled its two year old patent battle with Nokiain June 2011, and Apple agreed to pay on-going royalties to Nokiaand license its patents. © Tech Corp Legal LLP, 2010-2012
    5. 5. 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:• a rectangular product shape with all four corners uniformly rounded;• the front surface of the product dominated by a screen surface withblack borders;• substantial black borders above and below the screen having roughlyequal width and narrower black borders on either side of the screenhaving roughly equal width;• a metallic surround framing the perimeter of the top surface;• a display of a grid of colorful square icons with uniformly roundedcorners; and• a bottom row of icons set off from the other icons and that do notchange as the other pages of the user interface are viewed. © Tech Corp Legal LLP, 2010-2012
    6. 6. Infringement of Trade Dress:Apple claimed that Samsung also imitated Apple’s Product Packaging TradeDress: © Tech Corp Legal LLP, 2010-2012
    7. 7. Infringement of Apple’s Trade Marks:Apple claimed that in addition to copying Apple’s Product TradeDress, Samsung has also copied numerous application icons in which Applehad valid trademark rights, as shown below: © Tech Corp Legal LLP, 2010-2012
    8. 8. Infringement of Patents: Apple claimed that Samsung’s infringement of the Apple utility patents Samsung provided SamsungApple’s GalaxyPatents Mobile with unique functionality for its products that was the result of Apple’s innovation, and not Samsung’s. © Tech Corp Legal LLP, 2010-2012
    9. 9. Samsung Chat Apple’s PatentINFRINGEMENT OF PATENTS: Apple’s Patent 7,669,134 titled “Methodand Apparatus For Displaying Information During An Instant MessagingSession” mainly covers the iChat and iOS cartoon-bubble chat interfaceas “arranging incoming messages in a communications session in atimeline thats horizontally spaced”. Apple claims Samsung has infringedthis patent and from the looks of it, thats pretty much similar toSamsungs TouchWiz chat interface. © Tech Corp Legal LLP, 2010-2012
    10. 10. Further Analysis of Apple vs Samsung and other lawsuits related toSmartphones & Mobile Apps across different parts of the world @techbusinesslaw @rdpatentlawyer © Tech Corp Legal LLP, 2010-2012

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