Saturday, August 25, 2012

Apple vs Samsung: California court

The jury from the California court awarded almost all claims in favor of Apple. Damages? $1 billion. Engadget breaks down the infringing patents damages. 

Here were the patents argued:

Utility:
'915 - Pinch to zoom gesture
'163 - Double tap zooming and centering gesture
'381 - Bounce back effect when reaching the end of a page

Design:
D'305 - ornamental design of the homescreen (e.g grid-style icon layout)
D'677 - ornamental design (e.g. rounded corner and speaker placement)
D'087 - ornamental design (e.g. rounded corner and home button)
D'889 - ornamental design  (e.g iPad rounded corner)    (Apple lost this one)

More details of these patents from BGR

One juror gave an interview with CNET describing why he decided in favor of Apple.
The jury foreman also gave interview to CNBC who is telling the same thing the juror interviewed by CNET.

Samsung will obviously appeal. Source: AllthingsD via PhoneArena

Copying intellectual property rights is never right. Especially if those ideas were patented. However, utility patents can be considered invalid by the court. You need a patent lawyer to explain this further though. Here's an article from Bloomberg about the slide-to-unlock gesture considered invalid from U.K. court.

The three utility patents above are basic/standard functions available on all devices. Not just on Android smartphones alone. Even Microsoft Windows 8 RT will have those. With regards to the trade dress, its a battle of who owns the square with rounded corners. That grid-style icon is already available from other phones (e.g. palmpilot, blackberry, etc) even before iphone was released. Also, isn't the Microsoft Windows desktop have grid-style icon layout too?

The industry is definitely in for a ride as this is not the only tribunal Apple filed lawsuits.

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