Apple and Samsung just ended their epic seven-year legal patent infringement fight. In its Friday verdict, the jury found that Samsung infringed on four Apple utility patents, four design patents, and upheld Apple's trade dress. Apple Will Fix It for Free, Tech CEOs Face Congress Over Section 230, But Members Mostly Pick Partisan Fights. The one patent on which Samsung prevailed was the D'889 patent, which relates to the iPad design. Now… Power up … Samsung additionally argues that because Apple did not offer any evidence as to the profits associated with these discrete components, Apple’s attempts to recover the design patent … The fact that the solid lines of the patent were the same as Samsung's design meant that Samsung On 8 In an interview with CNET, one of the jurors said Samsung lost the case thanks, in part, to internal emails that discussed Apple's products, as well as inconsistent evidence. As discussed during oral arguments, a patent owner with a design patent to a cup-holder should not recover the total profit from a competitor’s sale of a car which includes an infringing cup-holder. As you can see in the photo on the right, when you get to the top or bottom of a page on iOS, it will pull down (or up) and then "bounce back" into place. It didn't matter if Samsung was different in those areas. Here, she dis cusses Apple's design patent on the phys ical design of the iPad (U.S. Patent No. Samsung, meanwhile, had countersued Apple over six patents. If you navigate to the PCMag.com homepage on an iPhone, for example, and tap twice, you'll see the view at right. Copyright © 2020 Entrepreneur Media, Inc. All rights reserved. Keep an eye on your inbox! Samsung hopes to reduce the award of $399 million that is due to Apple for infringement of design patents directed to three elements of early versions of the iPhone: the bezel shape, the black rectangular shape of the casing with rounded corners, and an arrangement of colorful icons on a black screen. Apple's patent showed much of their iPhone design as broken lines. Blok lent less weight to Apple's victory in Germany on Oct. 24, 2011, when the District Court of Dusseldorf made a preliminary ruling that Samsung's Galaxy Tab 7.7 infringed on the community design. Apple's D'677 design patent covers the front of the iPhone. Another $5.3 million was awarded for two utility patents. But Apple argues that though Samsung's devices infringed only part of the iPhone's design, Samsung should pay damages based on the value of its entire device. This newsletter may contain advertising, deals, or affiliate links. Peter Macdiarmid | Getty Images, Shareholder, Mechanical Technologies Group. In this particular case, Apple accused Samsung of infringing a variety of IP assets: three utility patents and four design patents, as well as registered and unregistered trade dress. The jury found no infringement by Apple on any of Samsung’s utility patents. Samsung has a _design patent_ on the design of their phones which includes, among other things, rounded rectangles as part of the design. But Samsung's case hung on the belief that Apple's design ideas weren't original. Apple and Samsung's years-long legal fight over patent infringement related to Samsung copying the iPhone's design is over. The big (and obvious) takeaway: design patents are no longer the weak sister of the IP world. Image credit: Apple and Samsung recently faced off in the Supreme Court over the amount of damages that Samsung has to pay Apple for infringing three design patents directed to aspects of the iPhone. Subscribing to a newsletter indicates your consent to our Terms of Use and Privacy Policy. Samsung was found to have infringed on six Apple patents in 2012. The court also ruled that Samsung willfully infringed Apple's patents on a very wide variety of its phones, from the S2 to the Infuse 4G, and more. One design patent might protect the look of only the backrest of a chair whereas another patent might protect the look of the entire chair. Apple Awarded $1.049 Billion In Damages As Jury Finds Samsung Infringed On Design And Software Patents. As part of its findings, the ITC overturned an administrative judge's earlier finding that Samsung infringed a potentially important Apple patent on phone design. We break down which Apple patents Samsung was found guilty of infringing, and with which devices. Related: Government Asks That Apple Patent Case Against Samsung Be Returned to Lower Court. Samsung Retrial: Breaking Down Apple’s Design Patent Claims This evening I am delighted to publish a guest post by Professor Sarah Burstein on the Apple v. Samsung design patent damages retrial, which began this week. When asked if Apple proved that Samsung took action that it knew would result in infringement related to the '915 patent, the jury said yes for all devices except the Replenish. The jury found that Samsung did not infringe on the D'677 patent with the Galaxy Ace, but it did infringe with the Fascinate, Galaxy S, Galaxy S 4G, AT&T Galaxy S II, international Galaxy S II, the T-Mobile Galaxy S II, the Galaxy S II Epic 4G Touch, the Galaxy S II Skyrocket, the Galaxy S Showcase, the Infuse 4G, the Mesmerize, and the Vibrant. Before joining PCMag.com, Chloe covered financial IT for Incisive Media in NYC and technology policy for The National Journal's Technology Daily in Washington, DC. In this lawsuit, Apple alleged that Samsung infringed eight utility patents, seven design patents and six trade dress rights. PCMag.com is a leading authority on technology, delivering Labs-based, independent reviews of the latest products and services. Apple was originally granted $1.05 billion, but that number was slashed down on appeal. On 8 February 2012, Apple filed its second claim against Samsung … Supreme Court Agrees to Hear Samsung-Apple iPhone Patent Fight, Designers Come Out for Apple in Patent Fight with Samsung, Government Asks That Apple Patent Case Against Samsung Be Returned to Lower Court, 5 Steps for Turning Your Invention Idea Into a Product, How Small-Business Owners Can Patent a Great Idea, 3 Approaches to Get Your Patent Application Moving Much Faster, The Craziest Patents by Apple, Facebook, Amazon, Google and More, Dyson Files Patent for a 'High-Velocity' Hairbrush. To avoid a retrial, Apple further argues that in this particular case the jury reached the conclusion that the entire phone is the article of manufacture, and therefore the damages award should stand. Should total profit from the entire phone still be the resulting damages, as lower courts decided in earlier rounds between Apple and Samsung? 3.1: Apple’s Patent & Samsung … Many people are familiar with utility patents, which protect the structure or function of inventions. This is Apple’s latest win, with a California jury finding that Samsung had infringed upon iPhone and iPad features, something for which it was ordered to shell out $1.05 billion in damages. But a lesser-known type of patent is a design patent, which protects the look of a design applied to an object. As part of its findings, the ITC overturned an administrative judge's earlier finding that Samsung infringed a potentially important Apple patent on phone design. Following the trial, the district court upheld most of jury findin… The jury found that Apple did not infringe on any of these patents with the iPhone, iPad, or iPod touch. Apple and Samsung are involved in legal battles over patents in at least ten countries. Under Apple’s theory, it wouldn’t matter whether a particular Samsung phone infringed one patent, two patents, or all three of them—Apple would be … We’ll feature a different book each week and share exclusive deals you won’t find anywhere else. When asked if Apple proved that Samsung took action that it knew would result in infringement related to the '163 patent, the jury said yes except for the eight devices listed above. Also check out How Will Samsung, Apple Patent Verdict Affect Android? The Samsung GALAXY Tab 10.1, Samsung GALAXY Tab 8.9, and the Samsung Galaxy Tab 7.7 were accused by the Cupertino based tech titan of copying the rounded corners found on the Apple iPad. A precise formula for determining how much profit is attributable to an article of manufacture that is only a part of an entire product is not likely forthcoming. See id. The two companies agreed to a settlement in the case, according … 4 On the contrary, Samsung counterclaimed that Apple infringed five of Samsung’s utility patents. If this were the case, seemingly absurd damage amounts could result. Continuing with the example involving a patented chair: Because the chair provides value as a place to sit, the entire value of the chair is not derived solely from the appearance of the chair. The current dispute is not about specific numbers, such as which Samsung phones infringed the Apple design patents, or how many phones Samsung sold; instead, the controversy is much more conceptual. When asked if Apple proved that Samsung took action that it knew would result in infringement related to the '381 patent, the jury said yes regarding all 21 devices. More:Samsung and Apple are back in court over iPhone design.Here's why. It also disputes Samsung's argument that Apple infringed on the Korean electronics giant's own patents in building the iPhone. What technologies do these patents actually cover, and which Android-based Samsung phones are affected? Related: Supreme Court Agrees to Hear Samsung-Apple iPhone Patent Fight. If a factor for a prescribed test includes assessing the prominence of a design within the product, companies may seek to protect what they deem to be eye-catching or otherwise significant to the appearance so that this factor weighs in favor of the entire product being the article of manufacture. Apple, meanwhile, will seek to show that because a Samsung device infringed part of the iPhone's design, Samsung should pay damages based on the value of its entire device. Related: Designers Come Out for Apple in Patent Fight with Samsung. The only devices for which the jury did not award damages were the Galaxy Ace and the international Galaxy S II. "This is a case not where we're disputing that the 13 phones contain some elements of Apple's property," Bill Price, Samsung's … This case was about the extent to which damages should be awarded when a component of a design patent is violated. Samsung additionally argues that because Apple did not offer any evidence as to the profits associated with these discrete components, Apple’s attempts to recover the design patent damages should be dismissed. PCMag, PCMag.com and PC Magazine are among the federally registered trademarks of Ziff Davis, LLC and may not be used by third parties without explicit permission. Much like Apple has historically done, companies could pursue design patents directed to parts of a product, and also pursue design patents directed to the entire product. As a result, the Supreme Court is wrestling with two main questions: how to determine what the article of manufacture is if the article may be less than the entire product; and how to determine the total profit associated with the determined article of manufacture. From business to marketing, sales, finance, design, technology, and more, we have the freelancers you need to tackle your most important work and projects, on-demand. This is one of the reasons Apple was awarded a jury verdict in the US case of Apple v. Samsung. For those keeping score, the 21 devices in question are: Captivate, Continuum, Droid Charge, Epic 4G, Exhibit 4G, Fascinate, Galaxy Ace, Galaxy Prevail, Galaxy S, Galaxy S 4G, AT&T's Galaxy S II, the international Galaxy S II, Galaxy Tab, the Wi-Fi Galaxy Tab 10.1, Gem, Indulge, Infuse 4G, Mesmerize, Nexus S 4G, Replenish, and Vibrant. Apple and Samsung are back in court this week for a damages retrial that will determine just how much Samsung has to pay Apple for infringing on Apple design patents. A Dutch court in the Hague has ruled that a trio of Samsung Galaxy tablets do not infringe on Apple's design. She graduated with a bachelor's degree in journalism from American University in Washington, D.C. How to Free Up Space on Your iPhone or iPad, How to Save Money on Your Cell Phone Bill, How to Find Free Tools to Optimize Your Small Business, How to Get Started With Project Management, found guilty of infringing on Apple patents, How Will Samsung, Apple Patent Verdict Affect Android, 11 Useful Samsung Galaxy Features You Won't Find on the Google Pixel, Smartphone Stress Test: Inside Oppo's Shenzhen Factory, The Best Wireless Chargers for Your Android or iPhone, The Best Touch-Screen Gloves for Your Frozen Fingers, Here's What We Thought About Windows 35 Years Ago, How Facebook, Twitter, and Others Are Handling Election Misinformation, Getting Static or Crackling in Your AirPods Pro? The design could be primarily a surface ornamentation, such as wallpaper with a certain pattern, or the shape of an object, such as a chair backrest with a new shape. In a decision originally made on March 26th, Administrative Law Judge Thomas Pender ruled that Samsung infringed on Apple's patent on text selection. In the patent infringement trial between Samsung and Apple, the jury today handed a stunning victory to Apple. The South Korean tech giant was found guilty of infringing on Apple patents with a number of its devices, and was ordered to pay $1.05 billion in damages. If one phone's design … The infringement affects 21 Samsung devices, from the Droid Charge and the Epic 4G to the Galaxy S II and the Infuse 4G. Samsung Electronics has hit back at Apple, filing lawsuits in three countries in which it alleges that Apple infringed on Samsung patents on smartphone technologies. Design Patent 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. Apple's D'677 design patent covers the front of the iPhone. I understand that the data I am submitting will be used to provide me with the above-described products and/or services and communications in connection therewith. Courts have consistently held that because the law says “total profit,” the damages payable to the patent owner cannot be limited to only the profit attributable to the design, but rather must include the profit attributable to sales of the entire article. https://www.pcmag.com/news/apple-patent-breakdown-which-samsung-tech-gadgets-infringe. The '915 patent covers the use of a single finger to scroll through a page, as well as using two fingers to zoom in and out. Samsung lawyer admits to infringement by 13 devices in San Jose hearing but puts damages far lower than those estimated by Apple as trial … Samsung previously paid Apple $399 million for smartphone patent infringement. Samsung is asking the U.S. Supreme Court to review U.S. design patent laws as part of the company's appeal involving an ongoing patent-infringement case with Apple. The display of third-party trademarks and trade names on this site does not necessarily indicate any affiliation or the endorsement of PCMag. Sign up for What's New Now to get our top stories delivered to your inbox every morning. In April 2011, Apple sued Samsung in federal court alleging multiple violations of Apple's design patents, utility patents, and trade dress protections related to Apple's smartphones. Less clear is the question of what to do when an infringed design patent is directed to only a part of a product, especially a product that has many components. If the Court prescribes a test for what constitutes the relevant article of manufacture, and the test looks to what is claimed in the asserted design patent, companies may adopt a strategy of pursuing numerous design patents for a single product. 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