Uploaded byRahul Dev
Apple Vs Samsung: Patent War
Apple filed a lawsuit against Samsung in April 2011, claiming that the Galaxy phones closely imitated its design, trade dress, and trademarked elements. The lawsuit is part of ongoing global legal disputes over patents and intellectual property between the two companies, which includes Apple's claims of trade dress infringement and patented technology exploitation by Samsung. Apple’s patent issues highlight significant overlaps in functionality and design between Apple's devices and those produced by Samsung.
More Related Content
![The Patents Act, 1970 [Apple Vs Samsung]](https://cdn.slidesharecdn.com/ss_thumbnails/thepatentsact1970-linkedin-181209090602-thumbnail.jpg?width=640&height=640&fit=bounds)
![A Report On The Patents Act, 1970 [Case Study : Apple Vs Samsung]](https://cdn.slidesharecdn.com/ss_thumbnails/thepatentsacts1970-linkedin-181209090006-thumbnail.jpg?width=640&height=640&fit=bounds)
Similar to Apple Vs Samsung: Patent War
Apple Vs Samsung: Patent War
- 1. © Tech CorpLegal LLP, 2010-2012
- 2. Myth: Because of softwarepatents, 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. The beginning: According toan 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
- 4. © Tech CorpLegal 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.
- 5. Infringement of TradeDress: 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.
- 6. Infringement of TradeDress: Apple claimed that Samsung also imitated Apple’s Product Packaging Trade Dress: © Tech Corp Legal LLP, 2010-2012
- 7. Infringement of Apple’sTrade 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
- 8. Infringement of Patents: Apple claimedthat 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
- 9. 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
- 10. © Tech CorpLegal 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
Editor's Notes
- #2 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.
- #10 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.
- #11 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.