Case: Apple sued Samsung, the latest in a long line of IP lawsuits against Android device manufacturers; Apple is saying "The copying is so pervasive, that [they] appear to be actual Apple products." Apple made its case and wants Samsung to pay up for the infringement in the past and stop infringing in the future. Apple’s asking the count to permanently forbid Samsung and its various divisions and suppliers for infringement of Apple’s claimed IP again.
Case: Apple sued Samsung, the latest in a long line of IP lawsuits against Android device manufacturers; Apple is saying "The copying is so pervasive, that [they] appear to be actual Apple products." Apple made its case and wants Samsung to pay up for the infringement in the past and stop infringing in the future. Apple’s asking the count to permanently forbid Samsung and its various divisions and suppliers for infringement of Apple’s claimed IP again.
Case: Apple sued Samsung, the latest in a long line of IP lawsuits against Android device manufacturers; Apple is saying "The copying is so pervasive, that [they] appear to be actual Apple products." Apple made its case and wants Samsung to pay up for the infringement in the past and stop infringing in the future. Apple’s asking the count to permanently forbid Samsung and its various divisions and suppliers for infringement of Apple’s claimed IP again.
Case: Apple sued Samsung, the latest in a long line of IP lawsuits against Android device manufacturers; Apple is saying "The copying is so pervasive, that [they] appear to be actual Apple products." Apple made its case and wants Samsung to pay up for the infringement in the past and stop infringing in the future. Apple’s asking the count to permanently forbid Samsung and its various divisions and suppliers for infringement of Apple’s claimed IP again.
Case: Apple sued Samsung, the latest in a long line of IP lawsuits against Android device manufacturers; Apple is saying "The copying is so pervasive, that [they] appear to be actual Apple products." Apple made its case and wants Samsung to pay up for the infringement in the past and stop infringing in the future. Apples asking the count to permanently forbid Samsung and its various divisions and suppliers for infringement of Apples claimed IP again.
Issue: Did Samsung infringe of Apple patents under trade dress? Did Samsung infringe number of Apple patents under Federal trademark? Did Samsung infringe number of Apple patents under common law trademark infringement? Did Samsung willingly and or unwillingly infringe a number of Apple patents?
Rule: The patent law states that once the item is patented, it will be protected for production or importing for term of patent for 20 years. The rule for design patent infringement states that if the two designs are substantially similar enough to trick an ordinary person into thinking they're the same, it's probably an infringement.
Analysis: how does the rule of law apply to the facts and circumstances? The U.S. Court of Appeals for the Federal Circuit did say Apple cant block Samsung on infringing on patented designs (Rosen, 2013). Over the years, seven utility patents where mentioned by Apple including #381 ability to drag documents, rotate by twisting and zoom in by pitching. Patent #915 deals with scroll through documents with one finger. Number 163 LEARNING TEAM REFLECTION: WEEK 3 IRAC BRIEF 3
concerns tap to zoom function of any Smartphone device that Apple controls (Bosker and Grandoni, 2012). The patent law can be applied as the right to exclude others from using, selling, and making, offering for sales, or importing the patented invention. Once the item is patented, it will be protected from use, production or importing for the term of patent which is 20 years (Know the facts of patent law, 2014). So Samsung does offer a device that is operating much like the aspects of the IPhone. Therefore Samsung willfully infringed on the patents.
Conclusion: Samsung used elements in a way thats likely to confuse consumers about what theyre buying. Samsung willfully infringed on the patents, Samsung was found guilty of 5 out of 7 patents infringement. Samsung's Android-based devices to infringe an Apple patent on word recommendations (auto complete) and declared Samsung patent on multimedia synchronization invalid. The court found Apple`s 18 claims infringed. Apple won 5 out of the 7 patents and was awarded a $1.05 Billion in Damages.
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References:
Bosker, B. and Grandoni, D (2012). Apple-Samsung Lawsuit: What You Need To Know About The Verdict. Retrieved from http://www.huffingtonpost.com/2012/08/24/apple-samsung- lawsuit-verdict_n_1829268.html Rosen, E. (2013). Patent Legislation, Apple-Samsung: Intellectual Property (1). Retrieved from http://www.businessweek.com/news/2013-11-19/patent-legislation-apple- samsung-abb-intellectual-property Know the Facts on Patent Law. (2014). Retrieved from http://patent.laws.com/patent-law http://stream.wsj.com/story/apple-v-samsung-trial-over-patents/ss