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

samsung patent battle.

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.

PATENT

...is a form of intellectual property.

...application must include one or more claims that

define the invention.

...term of protection available should be a minimum of 20 years.

the first patent agreement was in 500bc,in the greek city of sybaris.

• the profits were secured to the inventor by patent for the space of a year.500 BC

1421 • a florence architect received a three year patent.

1449 • King Henry VI granted the first English patent with a license of 20 years

1474 • patents in the modern sense originated.

1624 • Statue of Monopolies, which declared that patents could only be granted for “...projects of new invention”.

1790 • in the U.S. the first Congress adopted a Patent Act.

patent law by countries and regions

Australian Law

Canadian Law

European Law

South African 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.

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).

a patent provides legal protection for a new and industrially applicable invention.

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.

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.

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.

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.

patent marking.

maintenance fees.

3 months will be given for the fee to be paid.

the word patent and the number of the patent.

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.

is the unauthorized making, using, or selling of the patented invention .

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.

The Government may use any patented invention without permission.

Suits for infringement of patents follow the rules of procedure of the Federal courts.

patently apple

Apple has filed more than 1300 mobile patents.

Apple has entered into 479 lawsuits to protect the

intellectual property behind the technology.

Since 2007

Individual technologies stands out as key indicators of what the future of smartphone design may hold.

Noteworthy Patents

Fuel Cell System to Power a Portable Computing Device.

Assist Features for Content Display Device.

in 2010 Apple had the most powerful patent portfolio in consumer

electronics.How does Apple’s comparatively small portfolio come out on top?

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.

2010

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.

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.

2010

Apple has the most powerful patent portfolio in consumer

electronics.

2011

As part of a consortium, Apple participated in the acquisition

of Nortel’s patent portfolio. Apple contributed $2.6 billion

from $4.5 billion.

2013

iPhone’s 5 integrated Touch Technology is

granted a Patent.

Apple’s Virtual University patent

known as iTunes U.

Apple Patents Point to Advancing the

Quality of iDevices cameras.

Apple Granted a Whopping 54 Patents Covering smart

instruments, smart business cards, magnetic port covers

& more.

23 April 2013

patent war: a new age of competition.Past Timeline

the

war

has

just

begun

in april 2011 apple filed form patent infringement, claiming that samsung copied its iPhone and iPad designs.

How Evolution becomes A War

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

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.

the timeline of the trial of the century.

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.

July 2011 August 2011Samsung 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 2011Apple says Samsung's tablet infringes design patents, and Samsung says that iPhones and

iPads infringe 3G patents.

October 2011Australian ban on Galaxy Tab

continues.

November 2011Samsung’s victory against Apple in

Australia is announced. However the physical design of the tablet changed.

December 2011

March 2012 April 2012 May 2012

Apple’s legal requests to block Samsung from selling certain 4G-enabled products

to consumers based in the U.S. failed.

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 2012The 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”.

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 InfringedBounce 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

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.

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.)

Microsoft. Its Windows Phone operating system hasn’t gained traction in the marketplace.

Too few users to make it attractive for developers.

Some group of stakeholders to turn away from Android.

Nokia.Microsoft’s key partner on Windows Phone is a double winner.

Boost of the Windows ecosystem-Owns a lot of potentially relevant patents.

Customers.

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.