As we previously posted, Judge Birss ordered Apple to publish a notice on its website for six months, as well as in several newspapers and magazines, that the Samsung Galaxy tablets do not infringe Apple's designs, to "correct the damaging impression" that Samsung copied Apple's product.

On October 18, 2012, the Court of Appeal affirmed Judge Birss. Of note, the judgment stated:


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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.


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The Senate Judiciary Committee has approved S. 3523.  The companion bill in the House, HR 2511, which was the subject of our prior post concerning the Innovative Design Protection and Piracy Prevention Act, is pending and has been referred to the Subcommittee on Intellectual Property, Competition and the Internet.




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




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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:


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