Apple's Filing in Apple vs Samsung

7/31/2019 Apple's Filing in Apple vs Samsung

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HAROLD J. MCELHINNY (CA SBN 66781)[email protected] A. JACOBS (CA SBN 111664)

[email protected] LEE TAYLOR (CA SBN 161368)[email protected] R. BARTLETT (CA SBN 214530)[email protected] & FOERSTER LLP425 Market StreetSan Francisco, California 94105-2482Telephone: 415.268.7000

Facsimile: 415.268.7522

Attorneys for PlaintiffAPPLE INC.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

APPLE INC., a California corporation,

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD., aKorean corporation; SAMSUNGELECTRONICS AMERICA, INC., a NewYork corporation; SAMSUNGTELECOMMUNICATIONS AMERICA,LLC, a Delaware limited liability company.

Defendants.

Case No.

JURY TRIAL DEMAN

COMPLAINT FOR PAINFRINGEMENT, FEDDESIGNATION OF ORUNFAIR COMPETITIOTRADEMARK INFRINSTATE UNFAIR COMCOMMON LAW TRADINFRINGEMENT, ANDENRICHMENT


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Plaintiff Apple Inc. (Apple) complains and alleges as follows again

Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Sam

Telecommunications America, LLC (collectively Samsung).

THE NATURE OF THE ACTION

1. Apple revolutionized the telecommunications industry in 2007

the wildly popular iPhone, a product that dramatically changed the way peop

phones. Reviewers, analysts and consumers immediately recognized the iPh

changer. Before the iPhone, cell phones were utilitarian devices with key p

small, passive display screens that did not allow for touch control. The iPhon

different. In one small and lightweight handheld device, it offered sophistica

functions, a multi-touch screen that allows users to control the phone with the

storage and playback, a mobile computing platform for handheld applications

the Internet. These features were combined in an elegantly designed product

user interface, icons, and eye-catching displays that gave the iPhone an unmi

2. Those design features were carried over to the iPod touch, anoApple introduced in 2007. The iPod touch has a product configuration and p

that is virtually identical to the iPhone. Moreover, the iPod touch utilizes the

icons and screen layout as the iPhone, displaying the unmistakable iPhone ap

3. Apple introduced another revolutionary product, the iPad, in 2elegantly designed computer tablet with a color touch screen, a user interface

iPhones user interface, and robust functionality that spans both mobile comp

storage and playback. Because of its innovative technology and distinctive d

achieved instant success.


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design. One of the principal imitators is Samsung, which recently introduced

mobile phones and Galaxy Tab computer tablet, all of which use the Google

system, to compete with the iPhone and iPad. Instead of pursuing independe

development, Samsung has chosen to slavishly copy Apples innovative tech

user interfaces, and elegant and distinctive product and packaging design, in

valuable intellectual property rights. As alleged below in detail, Samsung ha

phones and computer tablet work and look like Apples products through wid

trade dress infringement. Samsung has even misappropriated Apples distinc

packaging.

5. By this action, Apple seeks to put a stop to Samsungs illegal compensation for the violations that have occurred thus far.

THE PARTIES

6. Apple is a California corporation having its principal place of Loop, Cupertino, California 95014.

7. Samsung Electronics Co., Ltd. (referred to individually hereinKorean corporation with its principal offices at 250, 2-ga, Taepyong-ro, Jung

South Korea. On information and belief, SEC is South Koreas largest comp

Asias largest electronics companies. SEC designs, manufactures, and provid

world markets a wide range of products, including consumer electronics, com

and myriad mobile and entertainment products.

8. Samsung Electronics America, Inc. (referred to individually hNew York corporation with its principal place of business at 105 Challenger

Park, New Jersey 07660. On information and belief, SEA was formed in 197


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9. Samsung Telecommunications America, LLC (referred to indiSTA) is a Delaware limited liability company with its principal place of bu

Lookout Drive, Richardson, Texas 75081. On information and belief, STA w

as a subsidiary of SEC, and markets, sells, or offers for sale a var iety of perso

communications devices in the United States, including cell phones.

JURISDICTION

10. This Court has subject matter jurisdiction under 15 U.S.C. 1under the Lanham Act); 28 U.S.C. 1331 (federal question); 28 U.S.C. 133

Congress relating to patents or trademarks); 28 U.S.C. 1338(b) (action asse

competition joined with a substantial and related claim under the trademark l

1367 (supplemental jurisdiction).

11. This Court has personal jurisdiction over SEC, SEA and STA these Samsung entities has committed and continues to commit acts of infring

of 35U.S.C. 271 and 15U.S.C. 1114 and 1125, and places infringing pro

of commerce, with the knowledge or understanding that such products are sol

California, including in this District. The acts by SEC, SEA and STA cause

within this District. Upon information and belief, SEC, SEA and STA derive

from the sale of infringing products within this District, expect their actions t

within this District, and derive substantial revenue from interstate and interna

VENUE AND INTRADISTRICT ASSIGNMENT

12. Venue is proper within this District under 28 U.S.C. 1391(bSamsung transacts business within this district and offers for sale in this distr

infringe the Apple patents, trade dress, and trademarks. In addition, venue is


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BACKGROUND

APPLES INNOVATIONS

13. Apple is a leading designer and manufacturer of mobile commpersonal computers, and portable digital media players. As a result of its sign

in research and development, Apple has developed innovative technologies th

face of the computer and telecommunications industries. One such pioneerin

Apples Multi-Touch user interface, which allows users to navigate their iP

and iPad devices by tapping and swiping their fingers on the screen.

14. In 2007, Apple revolutionized the telecommunications industrthe iPhone. The iPhone combined in one small and lightweight handheld dev

mobile phone functions, media storage and playback, a tactile user interface t

control the phone with their fingers, mobile computing power to run diverse p

downloadable applications, and functionality to gain full access to the Interne

were combined in an elegant glass and stainless steel case with a distinctive u

gave the iPhone an immediately recognizable look.

15. As a direct result of its innovative and distinctive design and itechnological features, the iPhone was an instant success, and it immediately

associated with Apple as its source. Reviewers and analysts universally prai

game changing features. Time Magazine listed the iPhone number one on

Gadgets for 2007, noting that [t]he iPhone changed the way we think about

devices should look, feel and perform. The New York Times called it revol

March 2011, more than 108 million iPhones had been sold worldwide.

16. Also in 2007, Apple launched the iPod touch, a digital music p


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allows users to manipulate icons and data with their fingers in the same fashi

iPod touch screens. Reviewers and analysts immediately recognized the iPad

product, describing it as a winner and a new category of device that wou

for many people.

18. No computer product that preceded the iPad looked like the iPresemble other Apple productsnamely, the iPhone and the iPod touch, ther

unique and innovative Apple design and trade dress to a new producttablet

first 80 days on the market, Apple sold 3 million iPad units. By March 2011

million iPads.

19. Apples iPhone, iPad and iPod touch products have been extenthroughout the United States in virtually every media outlet, including netwo

television, the Internet, billboards, magazines and newspaperswith the vast

advertisements featuring photographs of the distinctive design of these produ

advertising expenditures for these productsfor fiscal years 2007-2010 were i

billion.

20. In addition, Apples iPhone, iPod touch, and iPad products havunsolicited comment and attention in print and broadcast media throughout th

generation of these Apple products is the subject of positive commentary and

praise from independent media commentators. Frequently, these unsolicited

accompanied by images of the iPhone, iPad, and iPod touch products, includi

packaging.

21. The Apple iPhone, iPod touch, and iPad product design has cosymbolize the superb quality of Apples products and enjoys substantial good


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Red Dot Award for Product Design and was nominated for the 2010 Peoples

The iPhone has received several awards over the years, including a 2008 Des

Direction (D&AD) Black Pencil award, a 2008 International Forum (iF) Pr

Award, and the 2008 International Design Excellence Award (IDEA) Best in

recently, Engadget named the iPhone 4 the 2010 Editors Choice Phone of th

device received the Best Mobile Device award at the Mobile World Congress

Engadget also included the iPhone in its feature on the 10 Gadgets That Defi

iPod touch won the 2008 D&AD Yellow Pencil award as well as the 2008

Award.

APPLES INTELLECTUALPROPERTYRIGHTS

Apples Utility Patents

22. Apple has protected its innovative designs and cutting-edge tebroad range of intellectual property rights. Among those rights are the utility

below. Apples utility patents cover many of the elements that the world has

with Apples mobile devices. These include patents covering fundamental fe

Touch user interface that enable Apples devices to understand user gesture

performing a wide variety of functions, such as selecting, scrolling, pinching

23. In addition, Apple has patented many of the individual featureup to the high-quality experience that users have come to associate with App

innovations ranging from the arrangement of text messages on the screen, to

documents appear to bounce back when the user scrolls too far, down to mo

buttons have been recognized by the United States Patent and Trademark Off

contributions to the art.


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Patent Number Title

7,812,828 (the 828 patent) Ellipse Fitting For Multi-

7,669,134 (the 134 patent) Method and Apparatus FInformation During An In

Session

6,493,002 (the 002 patent) Method and Apparatus forAccessing Control and Sta

in a Computer S

7,469,381 (the 381 patent) List Scrolling and DocumScaling and Rotation on a

Display

7,844,915 (the 915 patent) Application ProgramminScrolling Oper

7,853,891 (the 891 patent) Method and Apparatus fWindow for a User

7,863,533 (the 533 patent) Cantilevered Push Button Contacts and Fu

Apples Design Patents

25. Apple also has protected its innovative designs through designthe United States Patent and Trademark Office. The Apple design patents co

ornamental features of Apples devices, such as the flat black face, metallic b

distinctive matrix of application icons. Apple owns all right, title, and interes

the asserted design patents listed below, copies of which are attached as Exhi

Patent Number Title


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Apples Trade Dress

26. Apple holds trade dress protection in the design and appearanciPod touch, and the iPad, together with their distinctive user interfaces and pr

iPhone Trade Dress

27. The iPhone is radically different from the devices that precededistinctive shape and appearancea flat rectangular shape with rounded corn

a large display screen bordered at the top and bottom with substantial black s

selection of colorful square icons with rounded corners that mirror the rounde

iPhone itself, and which are the embodiment ofApples innovative iPhone us

shown below, the end result is an elegant product that is more accessible, eas

less technically intimidating than previously available smart phones and PDA

product design immediately became closely associated with Apple.

28. Each of these elements of the iPhone product configuration is


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sides of the top of the box extending down to cover the bottom portion of the

The outside of the box has a clean stylewith minimal wording and a simple

full-size photograph of the iPhone product itself. The style carries over withi

iPhone cradled within a specially designed black display so that the iPhone, a

immediately visible when the box is opened. The accessories and instruction

hidden from view underneath the iPhone trayemphasizing the accessible n

itself. The design entices purchasers to pick up the iPhone and try it out, with

is complicated.


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Moreover, none of these elements is functionaland there are a plethora of a

options available to Apples competitors.

iPod touch Trade Dress

31. The iPod touch has a product configuration and physical appevirtually identical to the iPhone. It has a flat rectangular shape with rounded

edge, a large display screen bordered at the top and bottom with substantial b

selection of colorful square icons with rounded corners that mirror the rounde

iPod touch (and the iPhone), and which are the embodiment of Apples innov

user interface. As shown below, the end result is an elegant product that invi

iPhone, the iPod touch immediately became closely associated with Apple.

32. Each of these elements of the iPod touch product configuratioserves to identify Apple as the source of the iPod touch products. Moreover,

elements is functional.


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square iconsall with rounded corners that mirror the rounded corners of the

iPod touch.

34. Each of these elements of the iPad product configuration is disto identify Apple as the source of the iPad products. Moreover, none of these

functional.

35. The packaging for the iPad is similarly innovative and, like thbox that, when opened, prominently displays the product so that it is immedia

other accessories and materials layered beneath it. Also similar to the iPhone


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36. Each of these elements of the iPad packaging is distinctive andApple as the source of the products. Moreover, none of these elements is fun

Trade Dress Registrations

37. Apple owns three registrations for the design and configuratio38. U.S. Registration No.3,470,983 is for the overall design of the

the rectangular shape, the rounded corners, the silver edges, the black face, an

sixteen colorful icons. Attached hereto as Exhibit 11 is a true and correct cop

Registration No. 3,470,983.

39. U.S. Registration No.3,457,218 is for the configuration of a rmobile digital electronic device with rounded corners. Attached hereto as Ex

correct copy of U.S. Registration No. 3,457,218.

40. U.S. Registration No.3,475,327 is for a rectangular handheld electronic device with a gray rectangular portion in the center, a black band a

gray rectangle and on the curved corners, and a silver outer border and side.

Exhibit 13 is a true and correct copy of U.S. Registration No. 3,475,327.


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the front surface of the product dominated by a screen surface

as to the iPhone and iPod touch products, substantial black bo

below the screen having roughly equal width and narrower black borders on

screen having roughly equal width;

as to the iPad product, substantial black borders on all sides be

width;

a metallic surround framing the perimeter of the top surface;

a display of a grid of colorful square icons with uniformly rou

a bottom row ofsquare icons (the Springboard) set off from

that do not change as the other pages of the user interface are viewed.

42. The following non-functional elements of Apples packaging product packaging trade dress at issue in this case (the Apple Product Packa

a rectangular box with minimal metallic silver lettering and a

picture of the product prominently on the top surface of the box;

a two-piece box wherein the bottom piece is completely nested

and

use of a tray that cradles products to make them immediately

the box.

43. Collectively, the Apple Product Configuration Trade Dress anPackaging Trade Dress are referred to herein as the Apple Product Trade Dr

Apples Trademarks

44. Apple has protectable trademark rights in various icons used iin the iPhone, iPod touch, and iPad productsicons that are consistently used


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45. For example, U.S. Registration No. 3,886,196 coversan icon with a white silhouette of a phone handset arranged at a 45 degree angle and

that represents the application for making telephone calls:

Attached hereto as Exhibit 14 is a true and correct copy of U.S. Registration N

46. U.S. Registration No. 3,889,642 covers an icon that is green insilhouette of a speech bubble centered on the icon that represents the applicat


47. U.S. Registration No. 3,886,200 covers an icon featuring a yelsunflower against a light-blue background that represents the application for


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48. U.S. Registration No. 3,889,685 covers an icon that features gbackground that represents the application for settings:

INSERT


49. U.S. Registration No. 3,886,169 covers an icon that features arepresents the application for notes:


50. U.S. Registration No. 3,886,197 is for the silhouette of a man address book that represents the icon for contacts:


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52. To represent the iTunes application, Apple uses an icon that isa white circular band and a silhouette of two eighth-notes superimposed on th

band:

Pending U.S. Application Serial No. 85/041,463 covers this icon (the Purple

Trademark). Attached hereto as Exhibit 20 is a true and correct copy of the

for U.S. Application Serial No. 85/041,463.

53. Moreover, Apple also owns a federal trademark registration foiTunes on-line music service, U.S. Registration No. 2,935,038, (the iTunes E

Design Trademark):

U.S. Registration No.2,935,038 issued on March 22, 2005. Apple filed an A

Section15 of the Lanham Act on March24, 2010, rendering the registration



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Fascinate, Nexus S, Gem, Transform, Intercept, and Acclaim smart phones an

Galaxy Tab tablet.

55. Rather than innovate and develop its own technology and a unfor its smart phone products and computer tablets, Samsung chose to copy Ap

user interface and innovative style in these infringing products.

56. Samsungs Galaxy family of mobile products, introduced in 2The copying is so pervasive, that the Samsung Galaxy products appear to be

productswith the same rectangular shape with rounded corners, silver edgi

with substantial top and bottom black borders, gently curving edges on the ba

colorful square icons with rounded corners. When a Samsung Galaxy phone

there can be little doubt that it would be viewed as an Apple product based up

57. Samsung had many options in developing its smart phones. Inversions of Samsung smart phones did not embody the same combination of

trade dress. Even the icons in earlier versions of the Samsung smart phones

because they had a variety of shapesand did not appear as a field of square

corners.

58. Samsung it chose to infringe Apples patents, trade dress, andthrough the design, packaging and promotion of its Galaxy mobile phones an

computer tablet, and similar products, and it did so willfully to trade upon the

has developed in connection with its Apple family of mobile products.

Infringement of Apples Patents

59. Samsungs infringement of the Apple utility patents identifiedprovides Samsung with unique functionality for its products that was the resu


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D677 Patent

D790 Patent

D016 Patent


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Infringement of Apples Trade Dress

61. Samsung announced its Galaxy line of Android-based smart p2010 in South Korea. The original model, Galaxy S i9000, is shown below s

iPhone 3GS.

Apple iPhone 3GS Galaxy S i9000


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a rectangular product shape with all four corners uniformly ro

the front surface of the product dominated by a screen surface

substantial black borders above and below the screen having r

and narrower black borders on either side of the screen having roughly equal

a metallic surround framing the perimeter of the top surface;


a bottom row of icons set off from the other icons and that do

other pages of the user interface are viewed.

63. Samsung also imitated Apples Product Packaging Trade Dres

Samsungs packaging includes:

a rectangular box with metallic silver lettering and a large fron

product prominently on the top surface of the box;


and


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Samsung TabSpecifically, the Samsung computer tablet has:

rectangular product shape with all four corners uniformly roun

front surface of the product dominated by a screen surface wit

substantial black borders on all sides being roughly equal in w


65. Samsungs Galaxy Tab computer tablet packaging also featurethe Apple Product Packaging Trade Dress for Apples iPad products.


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The following Apple Product Packaging Trade Dress is incorporated in the S

tablet computer products:

a rectangular box with metallic silver lettering and a large fron

product prominently on the top surface of the box;


and

use of a design that cradles products to make them immediatel

opening the box.

Infringement of Apples Trademarks

66. In addition to copying Apples Product Trade Dress, Samsungnumerous application icons in which Apple had valid trademark rights, as sho

Apple Icons Samsung Icons


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Apple Icons Samsung Icons


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67. Moreover, the icon that Samsung uses for its music applicationidentical to the iTunes Eighth Note and CD logo that Apple has registered

States Patent and Trademark Office:

68. Samsungs adoption of a trade dress that slavishly copies the ADress and its use of various icons that infringe Apples trademark rights is lik

confusion or mistake, or to deceive consumers, purchasers, and others into th

products are Apple products, or that they are sponsored by or affiliated with A

not. The copying is particularly problematic because the Samsung Galaxy pr

of products that will be used in publicon the bus, in cafes, in stores, or at sc

parties, who were not present when the products were purchased, will associa

because they have the unmistakable Apple look that is created from the vario

Apple Trade Dress.

69. Of significant concern for Apple is that Apple devotes a tremeresourcestechnical research and development anddesign resourcesto de

products. Part of the cachet of Apple products is the very fact that they consi

from all of the other products on the market. Apples goodwill among consu

Apple Icon Samsung Icon


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reap benefits from Apples investment, it also threatens to diminish the very

that Apple has cultivated with its products.

70. On information and belief Samsungs marketing has played upbetween its Galaxy family of phones and the Apple iPhone. On information

Samsungs mobile phones were marketed as the phone that is the closest to th

consumers who wanted a product with the distinctive Apple look, but who di

the real product.

71. Apples efforts to address Samsung's pervasive copying of Apintellectual property directly with Samsung have been unsuccessful. Apple i

but to file this lawsuit in order to protect one of its most valuable assetsthe

and the designs of the iPhone, iPod touch, and the iPad.

FIRST CLAIM FOR RELIEF

(Trade Dress Infringement)

(Lanham Act Section 43(a), 15 U.S.C. 1125(a))

72. Apple incorporates and realleges paragraphs 1 through 71 of t73. Apple is the owner of all right and title to the distinctive iPhon

iPad trade dress. The Apple Product Configuration Trade Dress, as embodie

iPhone, iPod touch, and iPad products, has acquired secondary meaning, and

addition, the Apple Product Packaging Trade Dress, embodied in the packagi

iPhoneand iPad devices, is inherently distinctive and not functional.

74. In addition, based on extensive and consistent advertising, prothroughout the United States, the Apple Product Trade Dress has acquired di

enjoys secondary meaning among consumers, identifying Apple as the source


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77. Samsungs manufacture and distribution of the Samsung Galapackaging, product design, and product user interface features that mimic a c

several elements ofthe Apple Product Trade Dress is likely to cause confusio

mistake, or to deceive the consumer as to the affiliation, connection or associ

with Apple, or as to the origin, sponsorship, or approval by Apple of Samsun

or commercial activities.

78.

Samsungs manufacture and distribution of the Samsung Gala

with packaging, product design and product user interface features that mimic

several elements ofthe Apple Product Trade Dress enables Samsung to bene

Apples reputation and success, thereby giving Samsungs infringing product

commercial value they would not have otherwise.

79. Samsungs actions constitute unfair competition and false desiviolation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).

80. Samsung knew of Apples Product Trade Dress when it designproducts, and has refused to change its product or packaging design in respon

repeated objections. Accordingly, Samsungs infringement has been and con

intentional, willful and without regard to Apples Product Trade Dress.

81. Apple has been and will continue to be irreparably harmed andSamsungs conduct, and Apple lacks an adequate remedy at law to compensa

damage.

82. Apple is informed and believes, and on that basis alleges, that profits by virtue of its infringement ofthe Apple Product Trade Dress.

83. Apple also has sustained damages as a direct and proximate re


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SECOND CLAIM FOR RELIEF

(Federal Trade Dress Infringement)

(15 U.S.C. 1114)

85. Apple incorporates and realleges paragraphs 1 through 84 of t86. Apple owns three registrations for the design and configuratio87. U.S. Registration No.3,470,983 is for the overall design of the

the rectangular shape, the rounded corners, the silver edges, the black face, an

sixteen colorful icons.

88. U.S. Registration No.3,457,218 is for the configuration of a rmobile digital electronic device with rounded corners.

89. U.S. Registration No.3,475,327 is for a rectangular handheld electronic device with a gray rectangular portion in the center, a black band a

gray rectangle and on the curved corners, and a silver outer border and side.

90. The Samsung Galaxy line of products copy and infringe theseregistrations (collectively, Apples Registered Trade Dress).

91.

Samsungs manufacture and distribution of the Samsung Galapackaging, product design, and product user interface features that copy a co

elements ofApples Registered Trade Dress is likely to cause confusion, or t

to deceive the consumer as to the affiliation, connection or association of Sam

as to the origin, sponsorship, or approval by Apple of Samsungs goods, serv

activities.

92. Samsungs manufacture and distribution of the Samsung Galawith packaging, product design and product user interface features that copy


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Apples Registered Trade Dress, and has refused to change its product or pac

response to Apples repeated objections.

94. Samsungs unauthorized use ofa trade dress for its Galaxy proinfringes Apples Registered Trade Dress is likely, if not certain, to deceive o

or mistake among consumers as to the origin, sponsorship or approval of the

line of products and/or to cause confusion or mistake as to any affiliation, con

association between Apple and Samsung, in violation of 15 U.S.C. 1114(a)

95. Apple is informed and believes, and on that basis alleges, that infringement ofApples Registered Trade Dress as described herein has been

intentional, willful and without regard to Apples Registered Trade Dress.

96. Apple is informed and believes, and on that basis alleges, that profits by virtue of its infringement ofApples Registered Trade Dress.

97. Apple will suffer and is suffering irreparable harm from SamsofApples Registered Trade Dress insofar as Apples invaluable goodwill is

Samsungs continuing infringement. Apple has no adequate remedy at law to

the loss of business reputation, customers, market position, confusion of pote

good will flowing from the Samsungs infringing activities. Pursuant to 15 U

is entitled to an injunction against Samsungs continuing infringement ofApp

Trade Dress. Unless enjoined, Samsung will continue its infringing conduct.

98. Because Samsungs actions have been committed with intent tto confuse and deceive the public, Apple is entitled to treble its actual damag

profits, whichever is greater, and to an award of costs and, this being an excep

reasonable attorneys fees pursuant to 15 U.S.C. 1117(a) and 1117(b).


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100. Apple owns seven federal trademark registrations for the distisquare application icons used in the user interface for the iPhone, iPod touch,

Icon Trademarks, i.e., the Registered Icon Trademarks.

101. The Samsung Galaxy line of products has infringed the RegistTrademarks by using variations of those application icons in Samsungs prod

Galaxy line of products have also infringed Apples registered iTunes Eighth

102.

Samsungs use of its infringing application icons is likely to c

cause mistake, or to deceive the consumer as to the affiliation, connection or

Samsung with Apple, or as to the origin, sponsorship, or approval by Apple o

services or commercial activities.

103. Samsungs use of the infringing application icons enables Samunfairly from Apples reputation and success, thereby giving Samsungs infri

and commercial value they would not have otherwise.

104. Prior to Samsungs first use of the infringing application iconsaware of Apples business and had either actual notice and knowledge, or con

Apples Registered Icon Trademarks.

105. Samsungs unauthorized use of the infringing application iconcertain, to deceive or to cause confusion or mistake among consumers as to th

sponsorship or approval of the Samsung Galaxy line of products and/or to ca

mistake as to any affiliation, connection or association between Apple and Sa

of 15 U.S.C. 1114(a).

106. Apple is informed and believes, and on that basis alleges, that infringement of Apples Registered Icon Trademarks as described herein has


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Samsungs continuing infringement. Apple has no adequate remedy at law to

the loss of business reputation, customers, market position, confusion of pote

good will flowing from the Samsungs infringing activities. Pursuant to 15 U

is entitled to an injunction against Samsungs continuing infringement of App

Trademarks. Unless enjoined, Samsung will continue its infringing conduct.

109. Because Samsungs actions have been committed with intent tto confuse and deceive the public, Apple is entitled to treble its actual damagprofits, whichever is greater, and to an award of costs and, this being an excep

reasonable attorneys fees pursuant to 15 U.S.C. 1117(a) and 1117(b).

FOURTHCLAIM FOR RELIEF

(Common Law Trademark Infringement)

110. Apple incorporates and realleges paragraphs 1 through 109 of111. Apple has prior rights in Apples Registered Icon Trademarks

iTunes Store Trademark.

112. The Samsung Galaxy line of products have infringed Apples Trademarks and the Purple iTunes Store Trademark by using identical or sim

in Samsungs products.

113. Samsungs use of its infringing application icons is likely to ccause mistake, or to deceive the consumer as to the affiliation, connection or

Samsung with Apple, or as to the origin, sponsorship, or approval by Apple o

services or commercial activities.

114. Samsungs use of the infringing application icons enables Samunfairly from Apples reputation and success, thereby giving Samsungs infri


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116. Samsungs unauthorized use of the infringing application iconcertain, to deceive or to cause confusion or mistake among consumers as to th

sponsorship or approval of the Samsung Galaxy line of products and/or to cau

mistake as to any affiliation, connection or association between Apple and Sa

of 15 U.S.C. 1114(a).

117. Apple is informed and believes, and on that basis alleges, that infringement of Apples Registered Icon Trademarks and the Purple iTunes Sdescribed herein has been and continues to be intentional, willful and withou

rights in its Registered Icon Trademarks and the Purple iTunes Store Tradem

118. Apple is informed and believes, and on that basis alleges, that profits by virtue of its infringement of Apples Registered Icon Trademarks a

Store Trademark.

119. Apple will suffer and is suffering irreparable harm from Samsof Apples Registered Icon Trademarks and the Purple iTunes Store Tradema

Apples invaluable good will is being eroded by Samsungs continuing infrin

no adequate remedy at law to compensate it for the loss of business reputationposition, confusion of potential customers and good will flowing from the Sa

activities. Apple is entitled to an injunction against Samsungs continuing in

Apples Registered Icon Trademarks and the Purple iTunes Store Trademark

Samsung will continue its infringing conduct.

120. Because Samsungs actions have been committed with intent tto confuse and deceive the public, Apple is entitled to treble its actual damag

profits, whichever is greater, and to an award of costs and, this being an excep


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122. The acts of Samsung described above constitute fraudulent anpractices as defined by California Business & Professions Code 17200, et s

123. Apple has valid and protectable prior rights in the Apple ProdRegistered Trade Dress, the iTunes Eighth Note and CD Design Trademark,

Store Trademark, and the Registered Icon Trademarks. The Apple Product T

Registered Trade Dress do not serve any function other than to identify Apple

mobile products. The Apple Product Trade Dress and the Registered Trade Ddistinctive, and, through Apples long use, have come to be associated solely

source of the products on which it is used.

124. Samsungs use of its infringing trade dress is likely to cause cosource of Samsungs products and is likely to cause others to be confused or

believing that there is a relationship between Samsung and Apple or that Sam

affiliated with or sponsored by Apple.

125. The above-described acts and practices by Samsung are likelydeceive the general public and therefore constitute fraudulent business practic

California Business & Professions Code 17200, et seq.

126. The above-described acts constitute unfair competition under Lanham Act, 15 U.S.C. 1125(a) and trademark and trade dress infringemen

the Lanham Act, 15U.S.C. 1114, and are therefore unlawful acts in violatio

Business & Professions Code 17200, et seq.

127. Samsung acted willfully and intentionally in designing its infrwith full knowledge of Samsungs prior rights in the distinctive Apple Produ

Registered Trade Dress, the iTunes Eighth Note and CD Design Trademark,


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continues to promote its products by wrongfully trading on the goodwill of th

Trade Dress, Registered Trade Dress, the iTunes Eighth Note and CD Design

iTunes Store Trademark, and the Registered Icon Trademarks.

129. As a direct and proximate result of these acts, Samsung has recontinue to profit from, the strength of the Apple Product Trade Dress, Regis

the iTunes Eighth Note and CD Design Trademark,the Purple iTunes Store T

Registered Icon Trademarks.

130. As a direct and proximate result of Samsungs wrongful conduinjured in fact and has lost money and profits, and such harm will continue un

are enjoined by the Court. Apple has no adequate remedy at law for Samsun

violation of Apples rights.

131. Samsung should be required to restore to Apple any and all prresult of their unlawful and fraudulent actions, or provide apple with any oth

relief as the Court deems appropriate.

SIXTH CLAIM FOR RELIEF

(Unjust Enrichment)

132. Apple incorporates and realleges paragraphs 1 through 131 of133. As a result of the conduct alleged herein, Samsung has been u

Apples detriment. Apple seeks a worldwide accounting and disgorgement o

and profits resulting from Samsungs inequitable activities.

SEVENTH CLAIM FOR RELIEF

(Infringement of the 022 Patent)

134. Apple incorporates and realleges paragraphs 1 through 133 of


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EIGTH CLAIM FOR RELIEF


136. Apple incorporates and realleges paragraphs 1 through 135 of137. Samsung has infringed and continues to infringe one or more c

Patent by using, selling and/or offering to sell, in the United States and/or im

United States, one or more of the Samsung mobile communication devices id

Complaint. Samsungs infringing activities violate 35 U.S.C. 271.

NINTH CLAIM FOR RELIEF






TENTH CLAIM FOR RELIEF






ELEVENTH CLAIM FOR RELIEF



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TWELFTH CLAIM FOR RELIEF






THIRTEENTH CLAIM FOR RELIEF






FOURTEENTH CLAIM FOR RELIEF

(Infringement of the D790 Patent)

148. Apple incorporates and realleges paragraphs 1 through 147 of149. Samsung has infringed and continues to infringe the D790 Pa

and/or offering to sell in the United States, and/or importing into the United S

the Samsung mobile communication devices identified in this Complaint, wh

design covered by the D790 design patent.

FIFTEENTH CLAIM FOR RELIEF



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SIXTEENTH CLAIM FOR RELIEF


152. Apple incorporates and realleges paragraphs 1 through 151 of153. Samsung has infringed and continues to infringe the D677 Pa

and/or offering to sell in the United States, and/or importing into the United S

the Samsung mobile communication devices identified in this Complaint, wh

design covered by the D677 design patent.

PRAYER FOR RELIEF

WHEREFORE, Apple prays for relief, as follows:

1. A judgment that Samsung has infringed one of more claims of

asserted patents;

2. An order and judgment preliminarily and permanently enjoini

officers, directors, agents, servants, employees, affiliates, attorneys, and all o

privity or in concert with them, and their parents, subsidiaries, divisions, succ

from further acts of infringement of Apples asserted patents;

3. A judgment awarding Apple all damages adequate to compens

infringement of Apples asserted patents, and in no event less than a reasonab

Samsungs acts of infringement, including all pre-judgment and post-judgme

maximum rate permitted by law;

4. A judgment awarding Apple all damages, including treble dam

infringement found to be willful, pursuant to 35 U.S.C. 284, together with p

5. An order preliminarily and permanently enjoining Samsung an

directors, agents, servants, employees, affiliates, attorneys, and all others acti


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Apple's Filing in Apple vs Samsung

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Transcript of Apple's Filing in Apple vs Samsung