苹果三星专利之争

1、苹果三星专利之争Apple Inc. vs. Samsung Electronics Company Ltd. et al.20092010201020112010智能手机专利大战智能手机专利大战Smartphone Patent War: more than 50 cases globally以操作系统而分的三个阵营以操作系统而分的三个阵营Operating SystemsSymbian更重要的目标：移动计算 Who will dominate/lead future market for Mobile Computing. Smartphones and tablet computers

2、are currently the core devices. Operating system is the brain, but consumers pay more attention to user experience and design.苹果对三星: 一场全球之争 9 countries and more than 20 cases. In Apples favor: U.S., Germany. In Samsungs favor: UK, Japan, Netherlands (UK judge re Samsung products: “They are not as co

3、ol.”) Draw: South Korea. Not very clear: Australia, France, Italy. China next?双方寸步不让双方寸步不让美国案件主要进程 Apple filed the lawsuit in April 15 2011, with U.S. District Court for the Northern District of California. (presiding judge Lucy Koh is Korean American) Apple asserted 7 patents (3 utility, 4 design)

4、against 28 Samsung products. Apple demanded a trial by jury. Samsung counter sued on April 28, 2011, asserting 5 patents (all utility) against 5 Apple products.美国联邦法院系统1 Supreme Court.13 Courts of Appeals: 1st - 11th Circuits, DC Circuit, Federal Circuit (CAFC).94 District Courts.美国陪审团制度 Any party h

5、as the right to demand a Trial by Jury in most cases. Jury candidates are randomly chosen from citizens within the district. 6-12 jurors for each civil case. Complex jury selection process (voir dire). This case: 78 initial candidates.78 18 10each siderejects 4Questionsby judge美国案件主要进程 Markman Heari

6、ng (claim interpretation) held in January 2012. Disputed claim terms determined by court in April 2012. Jury trial started on July 30, 2012, each side given 25 hours. Final Jury instruction on August 21, 2012. Jury verdict on August 24, 2012 (deliberated for less than 3 days).案件中透露的销售数据 Smartphone s

7、ales since 2007:Apple: 86 million units for $50 billion (average $580/unit).Samsung: 21 million units for $7.5 billion (average $360/unit). Damages requested: Apples $2.5 billion, Samsung $420 million.陪审团的判决 6 of the Apple patents are infringed by at least one of Samsungs 28 accused products (381 an

8、d 305 patents are infringed by all relevant accused products). Samsungs infringement was mostly willful. None of Samsungs patents is infringed by the accused Apple products. Samsung should pay damages of about $1.05 billions for 25 of the infringing products. Three products, Fascinate, Epic 4G and G

9、alaxy S II, are responsible for over $100 millions each.美国历史上赔偿额最高的专利案件美国历史上赔偿额最高的专利案件 （均由陪审团作出）（均由陪审团作出）YearPlaintiffDefendantTechnologyAward(million)2009Centocor Ortho Biotech Inc.Abbott LaboratoriesArthritis Drugs$1,8482007Lucent Technologies Inc.Microsoft Corp.MP3 Technology$1,5382012Apple Inc.S

10、amsung ElectronicsMobile Computing & Phone Design$1,0501991Polaroid Corp.Eastman Kodak Co.Instant Photography$8702010Mirror Worlds LLCApple Inc.Operating System$626苹果在该案中的主要论点苹果在该案中的主要论点These pictures, by now familiar to the Court, remain the basic story of our case:“ (Apple Trial Brief)苹果的 381专

11、利 (弹回效应专利)Apples 381 Patent (bounce-back patent) US Patent 7,469,381List scrolling and document translation, scaling, and rotation on a touch-screen display. Claim 19. A device, comprising: a touch screen display; one or more processors; memory; and one or more programs, wherein the one or more prog

12、rams are stored in the memory and configured to be executed by the one or more processors, the programs including: Apples 381 Patent (Claim 19 Continued) instructions for displaying a first portion of an electronic document; instructions for detecting a movement of an object on or near the touch scr

13、een display; instructions for translating the electronic document displayed on the touch screen display in a first direction to display a second portion of the electronic document, wherein the second portion is different from the first portion, in response to detecting the movement; Apples 381 Paten

14、t (Claim 19 Continued) instructions for displaying an area beyond an edge of the electronic document and displaying a third portion of the electronic document, wherein the third portion is smaller than the first portion, in response to the edge of the electronic document being reached while translat

15、ing the electronic document in the first direction while the object is still detected on or near the touch screen display; and instructions for translating the electronic document in a second direction until the area beyond the edge of the electronic document is no longer displayed to display a four

16、th portion of the electronic document, wherein the fourth portion is different from the first portion, in response to detecting that the object is no longer on or near the touch screen display.三星的不侵权抗辩 Samsungs products have one or more of the following features:(1) A hold still behavior, where Sams

17、ungs products do not translate the electronic document in a second direction; (2) A general snapping behavior, where Samsungs products snap forward, not backward, if the user scrolls beyond a threshold point; and (3) A hard stop behavior, where Samsungs products do not display an area beyond the edg

18、e of the electronic document.苹果外观设计专利苹果外观设计专利 US D604,305Graphical user interface for a display screen or portion thereofClaimThe ornamental design for a graphical user interface for a display screen or portion thereof, as shown and described.FIG. 1FIG. 1 is a front view of a graphical user interface for a display screen or portion thereof showing our new design.The broken line showing of a display screen in both views forms no part of the claimed design.305专利侵权分析