Apple Vs. Samsung
Patents by definition are, “ a grant made by a government that confers upon the creator of an invention the sole right to make, use, and sell that invention for a set period of time”(TFD). Every product that is sold has at least one patent to protect it from being copied by competitors. Most products have several patents, each for a different unique part of the product. There are two major types of patents, utility patents and design patents. A utility patent can be claimed if the invention has purpose or useful function and a design patent protects the appearance of a product and not how the invention actually functions. In the recent Apple Inc. V. Samsung Electronincs Co. case, Apple sued Samsung for copying the design and functions of their Iphone 4 and IPad 2. On August 24th, a court in California ruled Samsung violoated Apple’s tradedress and Apple software patents . The court ordered Samsung to pay 1 billion dollars in damages but Apple isn’t settling. Apple is also pushing for Samsung to pull 8 of there phones from the U.S. market.
The Design patents that Apple claimed to be violated was USD504,889, USD604,305, USD593,087, and USD618,677. Apples ‘677 and ‘087 patents cover the design of the Iphone’s rectangular shape, rounded corner, front black glass, and speaker shape and placement on the device. The ‘889 patent covers the basic desing elements of the IPad such as the rounded corner, edge-to-edge front class display very similar to the IPhone. All of these patents are in regards to Apple’s intellectual property rights.
Apple also claimed that Samsung has violated there trade dress by copying the general layout of the Iphone, specifically the icon layout which Apple thinks “differentiate itself with in the market”(techcrunch). A Trade dress is connected to the appearance of the product, packaging, or any unique feature that reminds the consumer of the source. A good example of this is the unique color of Vitamin water....
Please join StudyMode to read the full document