We have been following the dispute between Apple and Samsung on our blog (see here).  On April 15, 2011, Apple filed suit against Samsung for trademark, trade dress, design patent and utility patent infringement, alleging that Samsung purposely designed several of its recent Galaxy line of products after Apple’s hit iPad and iPhone devices.  Taking a relatively aggressive posture, Apple requested accelerated discovery in anticipation of Samsung's upcoming product launches in the U.S.

On May 18, 2011, U.S. District Court Jude Lucy H. Koh ordered (see Order Granting Limited Expedited Discovery) Samsung to produce product samples, packaging and package inserts for Samsung models Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G and the Droid Charge (4G LTE).  The Droid Charge was recently released, but the other models have only been announced and are not yet available for sale in the U.S.


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In December of 2008, Crocs Inc. and Skechers Inc. agreed to settle patent litigation (case number 1:08-cv-01450, in the U.S. District Court for the District of Colorado) concerning U.S. D517,789, U.S. D564,208 and U.S. D564,207.  That patent litigation concerned a line of slip-on foam clogs made by Skechers, which Crocs alleged infringed the patents.

On May 20, 2011, Crocs filed a complaint and initiated a new suit against Skechers, case number 1:11-cv-01330, in the U.S. District Court for the District of Colorado.  Crocs alleges the Swifts line introduced in the summer of 2010 by Skechers is an “obvious imitation” of Crocs’ original shoe design for the CROCBANDTMmodel footwear, which is protected by U.S. D610,784.  Crocs also alleges Skechers breached a settlement agreement of September 23, 2010, stemming from Crocs’ contact with Skechers’ around the time the Swifts line was introduced.


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Kraft Foods filed suit against Van Law Food Products in the U.S. District Court for the Southern District of New York on May 17, 2011.  In the Complaint, Kraft Foods alleges that the bottles sold by Van Law Food Products, including those sold under the Eating Right brand (pictured below) infringe six design patents held by Kraft Foods.

Eating Right Bottles (copied from Complaint)          Kraft Bottles (Figs. 2-4 of D568,164)


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Brandon Judkins filed a complaint May 16, 2011, case number 1:11-cv-00661, in the U.S. District Court for the Southern District of Indiana, alleging Polo Ralph Lauren Corporation has infringed U.S. D591,090.

The following images are reproduced from pages 4-5 of the complaint, where line drawings from U.S. D591,090 are shown on the left, and the top image and the right images are photos personally taken by Mr. Judkins at stores in Indianapolis, Indiana.


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We’ve discussed previously Apple’s penchant of suing manufacturers of accessories of its widely popular iPhone and iPad devices.  Now Apple is upping the ante by going after alleged infringers of the actual iPhone, iPod Touch, and iPad devices. 


On April 15, 2011, Apple filed suit against Samsung for trademark, trade dress and patent infringement, alleging that Samsung purposely designed several of its recent Galaxy line of products after Apple’s hit iPad and iPhone devices.


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