The Comparison between Apple and Samsung's Patent Portfolios
Serving the and Communities - WIPO€¦ · Apple sued Samsung for utility patent, design patent,...
Transcript of Serving the and Communities - WIPO€¦ · Apple sued Samsung for utility patent, design patent,...
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Serving the
and Communities
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38th SCT: Information Session on Graphical User
Interface (GUI), Icon and Typeface/Type Font Designs
Geneva, October 31, 2017
The Importance of GUI Protection
Dunstan Barnes, Ph.D.,
Member of the Industrial Designs Committee, American
Intellectual Property Law Association (AIPLA), USA
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Disclaimer
The purpose of this presentation is to provide
educational and informational content and is
not intended to provide legal services or advice.
The opinions, views and other statements
expressed by the presenter are solely those of
the presenter and do not necessarily represent
those of AIPLA.
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A Graphical User Interface (GUI) allows users
to interact with graphics appearing on electronic devices such as smartphones,
tablets, and netbooks
What is a GUI?
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A GUI may comprise icons:
A GUI may also comprise typefaces and type
fonts:
Typefaces:
Broadway Comic Sans Verdana
Type fonts: Georgia Bold 24 pt.
Book Antiqua Italic 28 pt.
GUI may comprise icons and typefaces/type fonts
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GUI as a Virtual Remote Control
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TV Remote Control
US D386,185
(LG Elecs. 1997) Display Screen with GUI
US D755,211
(LG Elecs. 2016)
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GUI Examples
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GUI Examples
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GUI Examples
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In the age of the Internet of Things, well
designed GUIs allow users to interact with
devices without the need for complicated
training
GUIs allow for greater efficiency with less skill
Functional and ornamental aspects of GUIs
have value and are worth protecting
Importance of GUIs
Why are GUIs important?
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Apple sued Samsung for utility patent, design patent, and
trade dress infringement
N.D. Cal. jury found in favor of Apple
Case Study: Apple v. Samsung
Apple v. Samsung (N.D. Cal. 2013)
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Samsung
Galaxy S
Apple US D604,305
Apple US D593,087
Apple US D618,677
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Case involved home screen GUI
Case Study: Apple v. Samsung
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Apple US D604,305
Samsung Accused GUI
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Case Study: Apple v. Samsung
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Apple v. Samsung (N.D. Cal. 2013)
Apple v. Samsung (Fed. Cir. 2015)
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Appellate court (Federal Circuit) affirmed utility and design
patent infringement
Appellate court reversed trade dress infringement
Case Study: Apple v. Samsung
Apple v. Samsung (Fed. Cir. 2015)
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Samsung
Galaxy S
Apple US D604,305
Apple US D593,087
Apple US D618,677
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Case Study: Apple v. Samsung
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Apple v. Samsung (N.D. Cal. 2013)
Apple v. Samsung (Fed. Cir. 2015)
Samsung v. Apple (Supreme Ct. 2016)
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Question before the Supreme Court was focused solely on
damages
Supreme Court held that Section 289 damages analysis
involves two-step analysis:
(1) determine relevant “article of manufacture” to which the
infringed design has been applied; and
(2) calculate the infringer’s total profit made on that article of
manufacture
Remanded to lower court for further proceedings to
determine the relevant “article of manufacture”
It will be interesting to see how this plays out in the GUI context
both in this case and in future cases
Case Study: Apple v. Samsung
Samsung v. Apple (Supreme Ct. 2016)
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There is limited case law in US (and worldwide) involving GUIs
Nevertheless, GUIs are increasingly important
in the age of smartphones and the Internet of
Things
As companies continue to rapidly innovate in
the GUI space, the need for IP protection to
safeguard this investment continues to grow
Summary
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Serving the
and Communities
Thank You!
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