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Intellectual Property Rights : Apple Vs Samsung Case


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Tuesday, 2 July 2013


Apple Vs Samsung Case

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Apple Vs Samsung Case Study

Plaintiff
Apple Inc. is an American multinational, was founded by Steve
Jobs in April 1st 1976, and has head office in Cupertino, California
USA. Apple is

well known for personal computers, Mobiles,

electronics and its software. Most famous product of Apple is


iPhone (Mobile), iPod (Portable music player), iPad (Tablets), Mac
Book Air (Personal computers), OS X and iOS (operating system).
It has presence in hardware, software and electronics.
Apple is 2nd largest IT Company in terms of revenue and 3rd
largest mobile maker company in the world. Apple has doing lot of
R & D on its product to come in market. Apple registered a lot of
patents for design, software and its technologies in USA and all
over the world.

Blog Archive
2013 (4)
July (1)
Apple Vs Samsung Case
June (3)

Defendants

About Me

Samsung Group is a South Korean multinational company, founded


by Lee Byung Chul in 1938, and has head office in Samsung town,
Seoul, South Korea. It is Electronics, Electronics components,
Semiconductors, Medical Device Company. It is very famous for
mobiles and semiconductor chip. Galaxy series of mobile phones
and Galaxy Tab are very popular products in all over the world.
Samsung is number 1 IT company and number 1 in mobile phone
maker Company in all over the world. Samsung also has lot of

Ritesh
Vishwakarma
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prole

patented technologies in mobile and wireless technology area.


Samsung supply ARM processor to Apple which is used in every
iPad and iPhone. Samsung is ahead of Apple in term of revenue,
rank and market share.

Detail of Case
Apple launched iPhone mobile phone in 2007, which was small and
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Intellectual Property Rights : Apple Vs Samsung Case

lightweight sophisticated device with some unique and patented


interface and technology. In same year it launched iPod, a portable
music player. In 2010 Apple launched iPad Tablets, an advanced
version of iPhone, a category have capacity to replace computers.
Its entire product got a lot of prize in all over the world and best
selling. During 2007 to 2010 Apple exceeded revenue to US $ 2
billion.
Samsung launched Galaxy S in 2010, a mobile phone based on
Googles operating system Android. It also launched Galaxy S2 and
Galaxy Tab in 2011. Selling of these products was increasing and it
stood before Apple for competition.
In April 15, 2011 Apple filed complaint against Samsung for its
Android phone and tablets in district court of California. Apples
complain was that Samsungs products are infringing intellectual
property of its flagship product.
Apple said that Samsung infringing its patent, trademark and user
interface and style. Apple included following product of Samsung
initially
Nexus S
Galaxy S 4G
Epic 4G
Galaxy Tab
Apple submitted comparison of iPhone 3G and Galaxy S to the
court and charging for
Patent infringement
False designation of origin
Unfair competition
Trademark Infringement etc.
Apple sued Samsung in many other countries for infringement.
Samsung also sued Apple in Seoul, Tokyo, Germany and USA in
April-June 2011.
In USA Samsung was charged for design and technology patent,
Trade Dress and trademark violation by Apple. And in other
company for technology patent and trademark violation.

Technology in Question
Apples Utility Patent
Multi Touch user interface
Performing wide variety of function by user gesture like pinching,
zooming, selecting and scrolling.
System for rearranging text messages and Bounce back feature.
These patents are US7812828, 7669134, 6493002, 7853891 etc.
Apples Design Patent
Apple unique design flat black face, metallic bezel, rounded corner
etc.
These patents are D627790, 602016, and 618677.
Apples Trade Dress
Protection for appealing and packing style of product.
Apples packing style of iPhone and iPad.
Trade dress registration number 3470983, 3457218, 3475327 etc.
Trademark
Different icon of mobile phone and tab, like
Message icon,
Setting icon,
Music icon
Gallery icon etc.

Patentees Arguments
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1.

Intellectual Property Rights : Apple Vs Samsung Case

Apples said Samsung intentionally copy iPhone and iPad design


and technology and launch imitate product in market.

2.

False impression on consumers mind.

3.

Unfair competition by Samsung to downgrade its product.

4.

Apple want injunction over Samsungs product.

5.

Apple want damages which was around more than US $ 2 billion


from Samsung.

Defendants Arguments

1.

Samsung develop its own product not imitate Apples product.

2.

Samsung use different trademark than Apple, differences are


therein.

3.

Samsung did market research to innovate product.

4.

Samsung was claiming that Injunction is invalid.

Litigation
USA
Prove case of patent infringement (design, technology) and Trade
Dress.
Fined appox US $ 1.5 billion on Samsung.
UK
Court denied case of Apple.
Product is not similar to Apple.
Germany
Ban on Galaxy Tab, infringing patent of Apple.
Consider only few violations.

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Intellectual Property Rights : Apple Vs Samsung Case

Views
Apple got patented its lot of technology for mobile and tab. It
sued to Samsung for infringing design , technology and Trade
Dress. Samsung violate some patents like scrolling, bounce back
etc.
Apple and Samsung both are leader of market, they dont need to
copy each other. Samsung violate patent but not intentionally,
they did research in same area and innovate same technology

References
1.

Wikipedia

2.

Google

3.

Apples complaint in US court.

Posted by Ritesh Vishwakarma at Tuesday, July 02, 2013


+2 Recommend this on Google

Labels: Apple Vs Samsung, Apple Vs Samsung case study, infringement case

1 comment:
Radhey Singh 22 August 2015 at 12:12
Thanks your blog is awesome.
thanks for sharing informa on.
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Intellectual Property Rights : Apple Vs Samsung Case


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