Entries in iPhone (11)


Apple v. Samsung: ITC - No violation of Apple's Design Patents

According to the Notice of August 9, 2013, the ITC determined that Apple has proven a violation of Section 337 with respect to US 7,479,949 and 7,912,501, but that no violation has been proven with respect to US D618,678 and US D558,757.  Specifically, the Notice at p. 3 states:

[T]he Commission has determined that Apple has not proven a violation based on alleged infringement of the D’678, the D’757, the ‘922, and the ‘697 patents.  Specifically, the Commission has determined that the asserted claim of the D’678 patent is valid but not infringed, and that Apple’s iPhone, iPhone 4 and iPhone 4s practice the D’678 patent, but not the iPhone 3G and iPhone 3GS.  The Commission has also determined that the asserted claim of the D’757 patent is valid but not infringed, and Apple’s iPhone 3G and 3GS do not practice the D’757 patent. 
The Commission has further determined that Apple has proven a domestic industry exists in the United States relating to articles protected by the D’678, the ’922 and the ’697 patents, but not the D’757 patent.

As summarized by Eric Schweibenz at the ITC 377 Law Blog:

The Commission’s decision in favor of Apple in this investigation comes on the heels of President Obama’s recent decision to disapprove of the Commission’s determination to issue an exclusion order and a cease and desist order against various Apple products in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794).  See our August 5, 2013 post for more details.


Apple v. Samsung: Injunction Denied and No Juror Misconduct

As we previously reported, Apple moved for an injunction to enjoin Samsung from infringing, contributing to the infringement, or inducing infringement of Apple’s U.S. Design Patent Nos. 604,305 and 618,677.  The federal judge in the case, Judge Lucy Koh, however, denied Apple’s request for permanent injunction, allowing Samsung to continue selling products found to infringe Apple’s patents.

In a recent order, Judge Koh denied the request for permanent injunction, finding, inter alia, that Apple did not prove the causal nexus between infringement of its patents and irreparable harm alleged to have been suffered.  That is, Apple did not show its lost sales were because Samsung infringed Apple’s patents.

According to FOSS Patents, Apple will undoubtedly appeal the decision denying permanent injunction to the Federal Circuit.

On the same day as denying Apple’s permanent injunction request, Judge Koh also issued an order denying Samsung’s motion for a new trial based on a juror misconduct claim.  In their claim, Samsung moved for a new trial on the basis that the jury foreperson gave dishonest answers during voir dire and was actually biased against Samsung.  The judge denied the claim because evidence concerning the standards applied during jury deliberation is barred by Federal Rule of Evidence 606(b).


Apple v. Samsung: ITC Initial Determination

On October 24, 2012, the ITC issued an "Initial Determination on Violation of Section 337," in Inv. No. 337-TA-796.  In this case, Apple alleged Samsung had imported various infringing devices (smartphones and tablets) into the U.S. 

In summary, ALJ Tomas B. Pender determined that a violation of Section 337 of the Tariff Act of 1930 has been found in connection with several utility patents and U.S. Design Patent No. D618,678 (Fig. 1 of which is reproduced below).  ALJ Pender also concluded that this patent is not invalid.

ALJ Pender also determined that no violation of Section 337 was found in connection with U.S. Design Patent No. D558,757 (Figs. 3-4 of which is reproduced below), and concluded that this patent is not invalid. 


Apple v. Samsung: Apple requests injunctions

Following the jury verdict, Apple has requested an injunction of seven Samsung phones based on design patent infringement of D677 and D305.


Apple V. Samsung: Jury Verdict

Apple obtained a $1.05 billion verdict in the Northern District of California.  The jury found that all of Apple's asserted patents were valid and enforceable.  CNET has posted a color graphic outlining the devices found to be infringing, which also includes the trade dress claims.  As to infringement of the design patents, the jury found the following (from pp. 6-7 of the verdict).  

The D667 patent:

The D087 patent:

The D305 patent:

The D889 patent: