Reference no: EM133772089

Case Prompt:

On January 4, 2007, 4 days before the iPhone was introduced to the world, Apple filed a lawsuit against Samsung claiming patent infringement of 4 design patents covering the basic shape of the iPhone. This suit was followed up in June of that same year with a massive filing of a color design patent covering 193 screenshots of various iPhone graphical user interfaces. It is from these filings along with Apple's utility patents, registered trademarks and trade dress rights, that Apple selected the particular intellectual property protections to enforce against Samsung.

Apple sued its component supplier Samsung, alleging in a 38-page federal complaint on April 15, 2011 in the United States District Court for the Northern District of California that several of Samsung's Android phones and tablets, including the Nexus S, Epic 4G, Galaxy S 4G, and the Samsung Galaxy Tab, infringed on Apple's intellectual property: its patents, trademarks, user interface and style. Apple's complaint included specific federal claims for patent infringement, false designation of origin, unfair competition, and trademark infringement, as well as state-level claims for unfair competition, common law trademark infringement, and unjust enrichment.

Apple's evidence submitted to the court included side-by-side image comparisons of iPhone 3GS and i9000 Galaxy S to illustrate the alleged similarities in packaging and icons for apps. However, the images were later found to have been tampered with in order to make the dimensions and features of the two different products seem more similar, and counsel for Samsung accused Apple of submitting misleading evidence to the court.

Samsung counter-sued Apple on April 22, 2011, filing federal complaints in courts in Seoul, South Korea; Tokyo, Japan; and Mannheim, Germany, alleging Apple infringed Samsung's patents for mobile-communications technologies. By summer, Samsung also filed suits against Apple in the British High Court of Justice, in the United States District Court for the District of Delaware, and with the United States International Trade Commission (ITC) in Washington D.C., all in June 2011.

Question 1. What are patents according to your textbook? Are patents automatically given to those who apply for them? -Thoroughly explain in numerical steps what the process is from beginning to end as if you were trying to file for your own patent.

Question 2. Did Apple timely file its lawsuit for patent infringement for its mobile phone design patent listed here based on its filing date listed here as well as the law here?-

Take note of the number of the patent and then click on the link- it will take you to LG Electronics page, but disregard this because a lot of electronic companies (Apple included) use LG. This is a numbers game. Numbers and dates are all that matter when doing this kind of research. Therefore, you just need to pay attention to the dates listed at the top of the page of the link you just clicked on along with the primary "class number" that starts with a D and has a slash in it (take a picture with your phone if that is easier than writing things down).

You will scroll to find the patent "class number" in the far right cell of the chart and click on the one that matches up with the one listed in the photo you took and write down that patent number in the far left cell of the chart where it is titled "portable wireless phone" (you do not need to click on the link, the link will just show you a list of all mobile phone patents in the early days of cell phones- this information is not needed to answer this question).

After that, you can click on the second link in question 2 of the prompt, and it will take you to a list. Just scroll down to the bottom to find the patent and other history for the patent number that matches up with the last one's number that you wrote down (from the far left cell of the chart). It just shows you how things match up with the mother patent where the iPhone originated, nothing more (I just wanted you to see how things work by including that link. I thought it would help bring things full circle for my students when I originally wrote this question, but it seems it may be confusing to those new to this type of research). Use the information regarding the "portable wireless phone" filing date, which is January 2, 2004 (if you look at the top of the page at the second link in question 2) to write your answer and also look at the history in that Wikipedia link to discover the date when the patent for the first iPhone was issued. Note that the iPhone was developed after the patent was filed and the filing date is three years and two days before

Question 3. Explain what a color design patent is based on this article here.

Question 4. Explain what the requirements are for a design patent in your own words using this article and video here.

Question 5. The purple iPhone is presently on the market. However, pretend for a minute that you are a member of the committee in charge of patenting the purple iPhone prior to its release. How would you go about executing this patent? -The process is explained in this article here in addition to the above article here.

Question 6. Now that you understand the procedure and have executed your patent for the purple iPhone, answer the following:

-What are the limitations of a color design patent? How would you go about explaining that the purple color of the iPhone is ornamental and improves the appearance of the iPhone and not its actual function?

-Now pretend your color design patent is denied because the patent office finds the matte coating of the purple on the iPhone is functional and not ornamental in that it prevents the phone from slipping from the grip of someone holding it. How would you make the argument that the matte coating on the purple phone is purely ornamental? Provide your argument below:

-Pretend you make the above argument, but the patent office once again denies your color design patent. Apple is getting impatient because they are ready to send the purple iPhone design to production to start making profits. How would you instruct apple concerning the color design so that you could still push things through with the patent office to permit Apple's purple iPhone from being put on the market?

Question 7. Based on the fact pattern in the discussion prompt, what are utility patents according to this article here, and how do trademarks and trade dress differ from patents? (for pure definitions, you do not have to worry about putting it into your own words so much, with the exception of explaining the difference) (You may use the previously linked articles and your textbook (Ch. 8) to define and then explain the difference between the three below).

*Utility Patent-

*Trade Dress-

*Trademark-

Question 8. Explain the significance of the America Invents Act and its history based on this article here and Congress.gov here.

-What did the Act change about patent law?

-Also based on the prompt's fact pattern, why do you believe this new Act is advantageous for Apple in its lawsuit against Samsung?

-Again, based on the prompt's fact pattern, if the Act was not in place, how do you believe this would be advantageous for Samsung to defend against Apple in their lawsuit against them?

Question 9. Look at the design of the of iPhone 3GS and i9000 Galaxy S, from the prompt fact pattern, explain why you would or wouldn't like to represent Samsung or Apple. (I humorously expect passionate and unapologetically biased responses here)

Question 10. Given your stance in your response to question 9, for the following violations and decide what legal arguments you would make for the following topics using the linked images in question 9 and the definitions of each of the following:

-Violation of your company's utility patent

-Violation of your company's trademark

-Violation of your company's trade dress

Question 11. What is patent infringement? (use your book chapter 8)

Question 12. Is patent infringement a crime? Why or why not? (use your book chapter 8)

Question 13. Is patent infringement a federal offense? (use your book chapter 8)

Question 14. Why was the remark about Samsung "slavishly" copying apple made and who made the remark? The following sources here and here may help you formulate your response.

--What led to the remark being made?

-Who made the remark, and what is that person's significance in the tech world?

-In the second article, what did Apple VP Greg Joswiak say about Samsung?

Question 15. What are the possible Remedies for Patent Infringement? (use your book chapter 8)

Question 16. What are the possible Remedies for Trademark Infringement? (use your book chapter 8)

Question 17. A patent for mobile-communications technologies is a type of patent that is explained here and here, why do you believe Samsung used this as their defense in their case on appeal? Use this article here to make your points as well as any other relevant sources you find online to help you explain (make sure you are searching carefully and not using a source that is pure trash):

Question 18. Explain what the Lanham Act is and the Federal Trademark Dilution Act's impact.

Question 19. According to this case summary here, was Samsung successful on appeal?

-List the U.S District Courts within the U.S. and explain where the fall in the hierarchy of courts in the U.S.

For this portion of the question, you do not need to list all The 94 federal judicial districts individually unless you just want to. All I want is for you to acknowledge are that there are 94 federal judicial districts and see how they are organized/ fit within into the 12 regions/ circuits that govern them. For example, you should learn through answering this question that Texas falls into the 5th circuit, and you should see where the circuit court governing Texas is located (its in New Orleans' French Quarter- I have visited it before). Each circuit has one court that governs all the states that fall within their circuit/ jurisdiction. The next level up after the circuit courts is the U.S. Supreme Court., but sometimes cases jump from the district level and go strait to the U.S. Supreme Court level, and sometimes the U.S. Supreme Court chooses not to hear a case.

Furthermore, to answer this question, you could take a short-cut and simply supply an image--by using google, typing in "13 U.S. circuit courts" into the search bar, pressing enter to search, and then selecting images beneath the google search bar after your search pops up so you get the images tied to your search. The images that come up should list all the different circuit courts (including D.C. #12 and Federal circuit court #13) within a map of the U.S. to help you learn which states are encompassed within each district to explain things for your answer here.

Again, all states answer to a U.S. district court's decisions on appeal. So, when you hear on the news, the 5th or 6th circuit court decided or overturned a case, or the U.S. Supreme court overturned a 5th or 6th circuit court decision, you will understand precisely what that means and where in the U.S. the issue arose if you did not already know. This question is designed to show you the appellate process at the U.S. or Federal level and to show you what districts Texas and other states fall within. Federal Jurisdiction (which includes Fed. Question and Diversity jurisdiction that you learned way back in chapter 2 applies to these courts and the issues they hear in court).

Make sure that if you use the image (as explained above), you provide a web link to where you found your map (there is no need to cite for it).

Question 20. Did the U.S. Supreme Court decide that the federal appellate court was correct in the Apple v. Samsung Case (why or why not)?

-Explain the significance of the U.S. Supreme Court, what its powers are, and where exactly its powers derive (use chapter 2 of your book).

-Assume you are Apple/ Samsung. How would you get your case to be heard and decided at the U.S. Supreme Court level (use chapter 2 of your book to explain what document is used to bring the case to the U.S. Supreme Court, and to explain what the rules are for your case to be heard)?

-List the U.S. Supreme Court justices who sat on the court for this case using the link in question 19, and the rules about how many justices generally sit on the U.S. Supreme Court, how they are appointed, and how long they sit on the bench as they are explained here.

Question 21. Who was the Plaintiff and the Defendant at the following points in the Apple and Samsung Case and explain why you believe Apple/Samsung sued or appealed? (you should be able to use the prompt to answer this or one of the links above or a responsibly done google search using info. from a reliable/ authoritative source)

-At the Federal District Court Level-

-At the Federal Circuit Court Appeals Level-

-At the U.S. Supreme Court Level-

Question 22. Use this link here to quickly define the following:

*Reversed-

*Remanded-

*Affirmed-

*Modify-

Question 23. Based on the U.S. Supreme Court's decision to reverse and remand the Samsung and Apple case, why do you believe the parties were encouraged by the Federal Circuit Court of Appeals to settle? If you were Apple or Samsung, would you have settled too?

-If you were Apple or Samsung, would you have settled too? (explain your answer)

Question 24. What are your thoughts on the outcome of the case? Read this article here to get an overview before you write your opinion and here to better understand the dynamics behind civil cases settling out of court.

Question 25. Based on the way things work for patents internationally and due to the recent changes the Act brought about, why do you think Samsung took their case outside of the U.S. after they settled with Apple? (use your book chapter 8)