Posts tagged Patents

Apple to take further legal action against Samsung

Patent-Copyright-BreakdownAfter winning their trial against samsung as we saw earlier this week in this article, apple is again taking legal action against samsung, this time to get the devices in question banned from sale in the US.

The 8 devices in question are as follows

  • Galaxy S 4G
  • Galaxy S2 AT&T
  • Galaxy S2 Skyrocket
  • Galaxy S2 T-Mobile
  • Galaxy S2 Epic 4G
  • Galaxy S Showcase
  • Droid Charge
  • Galaxy Prevail

Apple outlined the specific patents the devices were found to infringe in the trial, which went on for a month and wrapped up last week. The device with the most infringements is the Galaxy S 4G. It was found to infringe two of Apple’s design patents, three utility patents, and two claims of trade dress.

Apple says this list is only “to address a portion of the immediate, ongoing irreparable harm that Apple is suffering.”

All told, the devices in question totaled up about $460 million worth of the damages, less than half of the $1 billion Apple was awarded by the jury. However that number could still go up pending a ruling from U.S. District Court Judge Lucy Koh, who presided over the case.

Apple win’s its case against samsung

Earlier this week the latest Apple vs Samsung came to a close, with apple getting the upper hand this time. Previous reports on cases from the two electronic giants have ended fairly evenly however this time apple has gained a substantial advantage over the competition after being awarded a massive settlement of over $1 billion in damages.

damages

After 3 long days of deliberation by the jury, they finally reached the unanimous verdict that Samsung had willfully infringed on both Apple patents and trade dress for the iPhone, though notably the jury found in favor of Samsung on questions regarding its tablets. In the hours after the hearing apple’s stock price rose to an all time high of $675 per share. Samsung was ordered to pay apple $1,051,855,000.00 in damages.

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Below is a summary of which patents Samsung where found guilty of copying, however there is also a nice breakdown over on cNet’s website detailing which products are apparently infringing on apple’s patents.

On the first claim, regarding the ‘381 “bounce back” patent, the jury finds Samsung guilty on all counts. Samsung infringed on Apple’s patent on a wide variety of products.
On Apple’s “pinch and zoom” ‘915 patent, the jury found that Samsung infringed on all but three products.
For the “double-tap to zoom” ‘163 patent, the jury found that Samsung infringed on a wide number of products, but not all.
The jury found that Samsung took actions that it knew or should have known were infringing across the ‘381, ‘915, and ‘163 patents on most, though not on all, counts.
For the ‘677 patent, covering Apple’s trade dress registration of the look of the front of the iPhone, the jury found that Samsung did infringe on most devices, but again, not all.
For the D’087 patent, covering Apple’s trade dress registration of the look of the back of the iPhone, the jury found that Samsung did infringe on some devices, but not all.
For the ‘305 patent, covering the trade dress registration of the iPhone’s home screen, the jury found that Samsung infringed across most devices.
For the D’889 patent, covering the trade dress registration of the iPad’s appearance, the jury found that Samsung’s tablets do not infringe — one of the first victories for Samsung.
On the question of whether Samsung Korea knew or should have known it was inducing US subsidiaries to infringe on the D’677, D’087, D’305 and/or D’889 patents, the jury found in favor of Apple across a wide number of phones and patents, though not on the ‘889 patent regarding the iPad. These two questions are significant for Apple to receive damages.
On the question of whether Samsung’s infringement was willful, the jury again found for Apple on a number of patents and devices.
Finally, the jury ruled that all of Apple’s patents are valid.
Regarding trade dress, Apple has proven that its unregistered iPhone 3G trade dress was protectable, and the jury found that a number of Samsung phone models violated Apple’s trade dress, though not all of them.
Overall, the jury is finding for Apple on most counts.
Regarding damages, the jury finds that Apple should be awarded $1,051,855,000 in damages for willfully violating Apple’s patents and trade dress.
Next up are Samsung’s claims against Apple.
The jury has found for Apple regarding its alleged infringement of Samsung’s utility patents on every claim, however Apple did not prove they were invalid. The jury did not award Samsung any damages.
Finally, Apple did not prove that Samsung violated antitrust obligations regarding its FRAND patents.
Apple did prove that Samsung is barred from enforcing its ‘516 and ‘941 patents.

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