Monday 13 August 2012

Apple v. Samsung Trial Begins

The long-anticipated Apple v. Samsung trial kicked off this morning with jury selection in San Jose, California.With U.S. District Judge Lucy H. Koh presiding, prospective jurors were asked if they had any ties to Apple, Samsung, or Google. Judge Koh asked jurors about the types of phones they used and about their activity on Twitter, Facebook, and MySpace. Lawyers from Samsung and Apple were permitted to ask jurors questions for 20 minutes. As of 3:00 p.m. PT today the jury selection process was still in progress.Ten jurors must be seated before the trial proceeds. The trial is expected last through the end of August.Apple sued Samsung for intellectual property infringement copying its iPad and iPhone last year. Samsung responded with a countersuit. Apple is seeking over $2 billion in damages. If Samsung is found guilty of patent infringement some of its products could be banned in the U.S.
Here`s what apple patient claims

Utility patents:
'381 patent: Relates to the "bounce-back" feature when scrolling beyond the edge of a photo or document.
'915 patent: Relates to a device capable of distinguishing between a single-touch scroll operation and a multitouch "pinch-to-zoom" operation.
'163 patent: Relates to touch to double-tapping to enlarge and center portions of an electronic document.
Design patents:
D '677 patent and D '087 patent: Relates to the front face of an electronic device, as embodied by the iPhone.
D '305 patent: Relates to a user-interface design depicting a grid of rounded square icons against a black background.
D '889 patent: Relates to the industrial design of a tablet computer.
Trade dress (a legal term that refers to a product's physical appearance, including its size, shape, color, design, and texture):
Dilution: Apple asserts that Samsung's smartphones dilute its iPhone trade dresses (one registered, two unregistered), and that the Galaxy Tab 10.1 dilutes its unregistered iPad and iPad 2 trade dresses.
Infringement: Apple alleges that the Galaxy Tab 10.1 infringes its unregistered iPad and iPad 2 trade dresses.
Antitrust: Apple alleges that Samsung's assertion of patents that are essential to 3G standards constitutes a violation of federal and California antitrust law.
Samsung's Patent Claims 
Standards-essential patents:
'516 patent: Directed to scaling down the transmit power of certain radio broadcast channels before other channels, to give priority to the most important data channels.
'941 patent: Describes a more efficient use of radio resources by reducing overhead associated with transmitting a particular type of data unit.
Features patents:
'711 patent: Allows a user to play music while the user multitasks and accesses other programs and menus.
'460 patent: Allows a user to take a picture on a phone/tablet, immediately review the picture in a gallery mode, and then seamlessly e-mail it along with a message.
'893 patent: Allows a user of a phone/tablet to browse pictures in the gallery, switch to the camera mode, take a picture, and then switch back to the last picture viewed in the gallery.

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