Apple vs Samsung patents war

1. patent’s law-patent war a new
age of competition. apple vs
samsung patent battle.

2. patent the definition
A patent is a set of exclusive rights granted by a sovereign state
to an inventor or their assignee for a limited period of time, in
exchange for the public disclosure of the invention.
...is a form of intellectual property.
PATENT
...application must include
one or more claims that
define the invention.
...term of protection available should be a minimum of 20 years.

3. the first patent agreement was in
500bc,in the greek city of sybaris.
1790 • in the U.S. the first Congress adopted a Patent Act.
1624 • Statue of Monopolies, which declared that patents could only be
granted for “...projects of new invention”.
1474 • patents in the modern sense originated.
1449 • King Henry VI granted the first English patent with a license of 20
years
1421 • a florence architect received a three year patent.
• the profits were secured to the inventor by patent for the space of a
year. 500 BC

4. patent law by countries
and regions
Australian Law
Canadian Law
South African Law
European Law
member state of the
World Intellectual
Property Organization
(WIPO).
standard patent
with a term of 20
years.
innovation patent with faster
approval process, lower fees
and a maximum term of 8 years.
the granting of Canadian patents is within the exclusive jurisdiction of the Canadian federal
government.
a patent provides legal protection for a new and industrially applicable invention.
patents having effect in European states may be obtained either nationally or at the European
Patent Office (EPO).
shaped by international agreements such as TRIPs Agreement and the Patent Law Treaty(PLT).

5. united states patent law was established
to promote the Progress of science and
useful arts.
Companies have used patents to obtain monopoly rights in certain inventions.
The importance of granting monopolies for new inventions has been recognized in the U.S. since
the adoption of the U.S. Constitution.
The term of patent is 20 years from the earliest claimed filling date (can be extended).
Section 101 of the U.S.
Patent Act.
Whoever invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and useful
improvements thereof, may obtain a patent, subject to the conditions and
requirements of this title.

6. for an invention to be patentable
there must be four requirements.
Statutory Requirement
U.S. Patent Statute states that processes, machines, articles of
manufacture and compositions of matter are patentable.
Novelty Requirement
This novelty requirement states that an invention cannot
be patented if certain public disclosures of the invention
have been made.
Useful Requirement
Term useful refers to the condition that the subject matter has
a useful purpose and also include operativeness.
Non-Obviousness Requirement
An invention to be patentable, it must not only be novel, but
it must also be a non-obvious improvement over the prior art.

7. A u.s. patent application must be made
in writing by the individual
inventor(s).
Only the inventor may apply for a patent with certain exceptions.
If an inventor is employed as an inventor, the employer will usually be the owner of any patent or
invention made by the inventor.
The specification portion of a patent application is a written description of the invention and also
explains how to make and use the invention.
The two primary requirements of the specification is that it must be “enabling” and it must describe
the “best mode” of the invention.
The patent application must include one or more claims, which form the heart of any patent. Claims
are brief descriptions of the subject matter of the invention.
The examiner of a patent application uses the claims to compare the application with the prior art.
The patent application include one or more drawings of the invention, whenever is required. Most
applications, for software patents include a drawing to describe the crucial features of the
invention.
The inventor must make an oath or declaration that she/he believes herself/himself to be the
original and first inventor of the subject matter of the application.

8. A notice of allowance will be sent to
the applicant’s patent attorney, when a
patent application met the requirements.
Applicant need only be
concerned about...
payment of the issue fee.
3 months will be given for the fee
to be paid.
patent marking.
the word patent and the number
of the patent.
maintenance fees.
failure to pay may result in
expiration of the patent.
The rights granted by a patent...
are the rights to exclude others from
commercial exploitation.
the patent holder is the one who make, use, or
sell the invention.
others may do so with the authorization of
the patent holder.
are very different than rights granted under
copyright law.

9. is the unauthorized
making, using, or selling of the
patented invention .
The Government may use any patented invention without permission.
The patent holder may sue in the appropriate Federal court.
The patent holder may ask for an injunction to prevent the continued infringement.
Ask the court for an award of damages.
Suits for infringement of patents follow the rules of procedure of the Federal courts.

10. patently apple
Individual technologies stands out as key indicators of what the future of
Since 2007
Apple has filed more than
1300 mobile patents.
Apple has entered into 479
lawsuits to protect the
intellectual property behind
the technology.
smartphone design may hold.
Noteworthy Patents
Fuel Cell System to Power a
Portable Computing Device.
Assist Features for Content
Display Device.

11. in 2010 Apple had the most powerful
patent portfolio in consumer
electronics.
How does Apple’s comparatively small portfolio come out on top?
2010
70% cited as “prior art” more frequently than average (Pipeline Impact).
37 % more generally applicable than average (Pipeline Generality).
Quality not quantity counts when it comes to patent portfolios.
Pipeline Impact
This metric is based
on citations both from
the organization itself
and from other
organizations.
Pipeline Generality
Measures the variety of
technologies that build
upon an organization’s
patents.
Pipeline Originality
Measures the variety of
technologies upon which
an organization’s patent
build, based on the
concept and inventions.

12. apple’s patent portfolio
showing its strategy.
Since 2000, Apple has filed
1298 patents addressing hand
held mobile radio telephone
technologies.
2000
2007
Vast majority of patents have
been filled following the
launch of the iPhone.
Apple has the most powerful
patent portfolio in consumer
electronics.
2010
2011
Apple’s Virtual
University patent
known as iTunes U.
iPhone’s 5 integrated
Touch Technology is
granted a Patent.
As part of a consortium, Apple
participated in the acquisition
of Nortel’s patent portfolio.
Apple contributed $2.6 billion
from $4.5 billion.
Apple Patents Point
to Advancing the
Quality of iDevices
2013
cameras.
23 April 2013
Apple Granted a Whopping
54 Patents Covering smart
instruments, smart business
cards, magnetic port covers
& more.

13. patent war: a new age of competition.
Past Timeline

14. the
war
has
just
begun

15. in april 2011 apple filed form patent
infringement, claiming that samsung
copied its iPhone and iPad designs.
How Evolution
becomes A War

16. a glance to the market and to the
consequences of this battle.

17. key facts of the lawsuit which began in
april 2011
In the original lawsuit Apple stated that the South-Korean firm had ripped off the design and technology
of Apple products.
The actual terms that used: Apple alleges that Samsung “slavishly” copied its designs.
In response, Samsung counter-sued, saying that Apple had infringed a number of patents to do with 3G.
Apple pushed on, stating Samsung copied the “look and feel” of the Apple IOS range of devices, namely
the Galaxy line of smartphones and tablets.
The lawsuit had spread to over 30 courts across four continents, and after negotiations failed, landed in
front of a judge for the true showdown in July 2012.
Apple is seeking $2.5 billion in damages, and Samsung is also seeking financial restitution.

18. the timeline of the trial
of the century.
July 2011 August 2011
Apple sued Samsung for patent
infringement and named Samsung galaxy
tab 10.1 .
Samsung says that the iPhone 4, 4s and iPad
2 infringe 3G patents.
Samsung Galaxy 10.1 tablet was put on
hold in Australia.
Apple won a victory in a German court,
for a preliminary injunction against the
sale of the Galaxy Tab 10.1.
September 2011
Apple says Samsung's tablet infringes design
patents, and Samsung says that iPhones and
iPads infringe 3G patents.
October 2011
Australian ban on Galaxy Tab
continues.
November 2011
Samsung’s victory against Apple in
Australia is announced. However the
physical design of the tablet changed.
December 2011
Apple’s legal requests to block Samsung
from selling certain 4G-enabled products
to consumers based in the U.S. failed.
March 2012 April 2012 May 2012
Original agreement between
Samsung and Apple concerning the
handover of mobile device models
inspection.
U.S. District Judge Lucy Koh,
orders the two sides to talk.
Apple didn’t succeed to ban Galaxy
Tab in the U.S. until a trial held.
June 2012 July 2012 August 2012
The talks failed and tablet makers will
see each other in the court.
On July 22, the trial officially begins.
Apple releases new iPad and iPhone, and
Samsung Tab 10.1 and Galaxy S III enter
the market.
Closing arguments: Apple relied on
Samsung’s documents to try and prove patent
infringement, whereas Samsung argued that
siding with the rival firm will change “the
way competition works in this country”.

19. 24 august 2012
the verdict
Samsung had infringed
on Apple’s intellectual
property and should pay
at least $1.049 billion
in damages.
The nine jurors decided
Apple had not
committed a single
count of infringement.
Utility Patents Infringed Design Patents Infringed
Bounce back patent Yes D‘677 patent Yes
Covering scrolling patent Yes D‘087 patent Yes
Two finger gestures patent Yes D‘880 patent Yes
Tap-to-zoom patents Yes iPad patents Yes

20. the verdict: what it
really means?
Definite Victory for Apple.
Infringements were “willful”.
UI behaviors across Android
will change.
A lot of litigations will follow between Apple and other
Android phone makers.
Maybe this case will force Google to sign a blanket
license for Android.

21. who wins and who loses
from the decision?
Dealing a billion dollar (chopped to $598 million) from Samsung.
Infringements will disrupt Samsung’s manufacturing and supply chain.
Other manufacturers of Android devices.
Telecommunications companies that sell mobile plans.
(Apple has enormous leverage in its negotiations with operators.)
Customers.
Microsoft.
Its Windows Phone operating system hasn’t gained traction in the marketplace.
Some group of stakeholders to turn away from Android.
Too few users to make it attractive for developers.
Nokia.
Microsoft’s key partner on Windows Phone is a double winner.
Boost of the Windows ecosystem-Owns a lot of potentially relevant patents.

22. key insights from the
apple vs samsung case.
Develop products and services in this space that focus on the total user experience.
Create clusters of IP protection that capture the total user experience.
Develop a robust interactive brand that supports your overall TUX strategy.
Practice tighter integration between legal and development teams.
Focus on “mobile-first” design strategy.
Do not rely on specific software operating systems or platforms for user experience design IP innovations.
To the extent possible secure trade dress rights through litigation.
Use design patents to secure visual design protection on UX design solutions.