As reported in the ITC Blog, on August 2, 2011, the ITC instituted an investigation concerning Samsung's alleged infringement of U.S. Patent Nos. 7,479,949, RE 41,922, 7,863,533, 7,789,697, 7,912,501, D558,757 and D618,678.  This investigation is the result of a complaint filed on July 5, 2011, and a supplemental letter filed on July 22, 2011, by Apple.

Figs. 1 and 2 of U.S. D558,757 (left) and D618,678 (right) are reproduced below.


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As reported by Bloomberg, Apple has obtained an at least temporary injunction against Samsung sales of the Galaxy Tab 10.1 in Australia.  Samsung has agreed to stop advertising the Galaxy Tab 10.1 and to not sell the device until it obtains court approval or the lawsuit is resolved.  Apple has agreed to pay Samsung unspecified damages should Samsung win the related patent lawsuit in Australia. 

Samsung has agreed to provide Apple with samples of the Australian Galaxy Tab 10.1, which Samsung states is different than the U.S. version, for Apple's review prior to distribution.  A hearing is scheduled for August 29, 2011, in Sydney, Australia.


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As we previously reported, the Court of Appeals for the Federal Circuit released in May 2011 its long-awaited decision in Therasense, Inc. v. Becton Dickinson and Co., in which it raised the standard for proving inequitable conduct and rendering a patent unenforceable.  The defense of inequitable conduct applies to both utility and design patents.  Last year, we reported on a design patent litigation where this defense was raised.

The Therasense decision redefined the type of information that can potentially support a defense of inequitable conduct if it is withheld, misleading, or incorrect -- i.e., what constitutes “material” information.  Under the new standard, information is material only “if the PTO would not have allowed a claim had it been aware of the undisclosed prior art.”  The Federal Circuit refers to this as the “but for” standard.


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Vibram has filed a complaint against Fila USA Inc. in the District of Massachusetts alleging infringement of Design Patent Nos. D579,181 ("the '181 patent") and D582,134 ("the '134 patent), and U.S. Utility Patent No. 7,805,860.  According to the complaint, Vibram markets the popular FiveFingers footwear products, which fill the need for "footwear ... which allows independent intrinsic movement of the feet, and particularly the toes ... and yet which still provides coverage and protection to the toes... ."

Vibram alleges Fila's skele-toes products infringe the '181 and '134 patents.  A copy of the comparison provided on page 7 of the complaint is reproduced below.


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